Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Directs Cannabis Regulatory Commission to adopt regulations concerning labeling, marketing, and sale of cannabidiol and products containing cannabidiol; prohibits sale of cannabidiol to minors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the labeling, marketing, and sale of cannabidiol and products containing cannabidiol, supplementing Title 24 of the Revised Statutes, and amending P.L.2019, c.238.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. No later than one year after the date of the first meeting of the Cannabis Regulatory Commission created pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24) or one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), whichever is later, the Cannabis Regulatory Commission shall, in consultation with the Department of Agriculture and the Department of Health, and pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations concerning the labeling, marketing, and sale of cannabidiol and products containing cannabidiol, including cannabidiol or cannabidiol products produced for ingestion, topical application, inhalation, or consumption in any form. The rules and regulations shall not apply to medical cannabis or medical cannabis products cultivated, manufactured, or dispensed by an alternative treatment center pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L.2009, c.307 (C.24:6I-1 et al.).
b. The rules and regulations adopted pursuant to subsection a. of this section shall include:
(1) health and safety standards for cannabidiol and products containing cannabidiol including, but not limited to:
(a) the permitted uses of cannabidiol for scientific and therapeutic purposes;
(b) standardized recommended amount for single use of cannabidiol;
(c) limits on the potency of cannabidiol or the total amount of cannabidiol that may be contained in a product; and
(d) maximum single use amount and limits for the number of single use amounts of cannabidiol that may be sold as part of one product;
(2) labeling and packaging standards for cannabidiol and products containing cannabidiol, including:
(a) single use amount size, the total number of single use amounts in a package, and a statement regarding the total amount of cannabidiol contained in the product and in each single use amount;
(b) production date and expiration date of the product; and
(c) ingredient lists; and
(3) advertising requirements and limitations for cannabidiol and products containing cannabidiol including:
(a) prohibitions on advertising cannabidiol and products containing cannabidiol in a manner that appeals to minors, promotes illegal activity, or otherwise presents a risk to public health and safety; and
(b) limits on the health claims that may be advertised in conjunction with cannabidiol to those recognized by the commission pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. In addition to any State or federal law, any person who violates a rule or regulation adopted pursuant to this section shall be liable to a civil penalty of $1,000 for the first offense and up to $2,000 for the second and each subsequent offense, to be collected in a civil action commenced by the Cannabis Regulatory Commission. Any penalty imposed pursuant to this subsection may be collected in a summary proceeding under the Penalty Enforcement Law of 1999, P.L.1999, c.274 (C.2A:58-10 et seq.). If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the Penalty Enforcement Law of 1999 pursuant to this subsection.
2. (New section) The rules and regulations adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be based upon the best available scientific data. Any regulation related to health, safety, dosage, or therapeutic uses of cannabidiol shall be valid if in the opinion of experts at the Department of Health:
a. the underlying information has been clearly demonstrated through scientifically valid testing according to generally accepted principles;
b. a body considered to be authoritative by the experts at the Department of Health has formally endorsed the regulation or underlying information; or
c. an agency of the State or federal government has formally required the regulation or endorsed the underlying information.
3. (New section) a. Except as authorized by the Jake Honig Compassionate Use Medical Cannabis Act, P.L.2009, c.307 (C.24:6I-1 et al.), no person shall sell, offer for sale, or distribute for commercial purpose at no cost or minimal cost, cannabidiol or a product containing cannabidiol to a person under 21 years of age.
b. Any person who violates subsection a. of this section shall be liable to a civil penalty of not less than $250 for the first violation; $500 for the second violation; and $1,000 for the third and each subsequent violation. The penalties imposed pursuant to this subsection shall be recovered in a summary proceeding pursuant to the Penalty Enforcement Law of 1999, P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court in the municipality where the violation occurred shall have jurisdiction to enforce the provisions of the Penalty Enforcement Law of 1999 pursuant to this section. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
c. The establishment of the following shall constitute a defense to a violation of the provisions of subsection a. of this section:
(1) the purchaser of the cannabidiol or product containing cannabidiol falsely represented that the person was of legal age to make the purchase, by producing either a United States passport, a driver s license or non-driver identification card issued by the New Jersey Motor Vehicle Commission, a driver s license issued pursuant to the laws of another state, or any other identification card issued by a state or the United States that bears a picture of the person, the name of the person, the person s date of birth, and a physical description of the person;
(2) the appearance of the purchaser of the cannabidiol