New Jersey statute
N.J.S.A. 2C:35-10b — Lawful operation of cannabis establishments, distributors, and delivery services
Current through P.L.2025, c.346, and J.R.22
Part of Chapter 35, New Jersey Statutes.
Full text of N.J.S.A. 2C:35-10b
Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.
50. Lawful Operation of Cannabis Establishments, Distributors, and Delivery Services.
Notwithstanding any other provision of law, the following acts are not unlawful and shall not be a criminal offense or a basis for seizure or forfeiture of assets under N.J.S.2C:64-1 et seq. or other applicable law, provided the acts are undertaken by a person 21 years of age or older while acting within the scope of authority provided by a license, or are undertaken by a person 18 years of age or older while acting within the scope of authority as an employee of a licensed cannabis establishment, distributor, or delivery service, or provided by a cannabis handler certification issued pursuant P.L.2021, c.16 (C.24:6I-31 et al.) and are consistent with the relevant definitions set forth in section 3 of P.L.2021, c.16 (C.24:6I-33):
a. manufacturing, possessing, or purchasing cannabis paraphernalia or the sale of cannabis paraphernalia to a person who is 21 years of age or older;
b. possessing, displaying, transporting, or delivering cannabis items; purchasing cannabis items from a cannabis cultivator; purchasing cannabis items from a cannabis manufacturer or wholesaler; or selling cannabis items to consumers, if the person conducting the activities described in this subsection has obtained a current, valid license to operate as a cannabis retailer or is acting in his capacity as an owner, employee, or agent of a licensed cannabis retailer;
c. cultivating, harvesting, packaging, transporting, displaying, or possessing cannabis; delivering or transferring cannabis items to a cannabis testing facility; selling cannabis items to a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer; or purchasing cannabis items from a cannabis cultivator, if the person conducting the activities described in this subsection has obtained a current, valid license to operate as a cannabis cultivator or is acting in his capacity as an owner, employee, or agent of a licensed cannabis cultivator;
d. packaging, manufacturing, transporting, displaying, or possessing cannabis items; transporting or transferring cannabis items to a cannabis testing facility; selling cannabis items to a cannabis retailer or a cannabis manufacturer; purchasing cannabis items from a cannabis cultivator; or purchasing cannabis items from a cannabis manufacturer, if the person conducting the activities described in this subsection has obtained a current, valid license to operate as a cannabis manufacturer or is acting in his capacity as an owner, employee, or agent of a licensed cannabis manufacturer;
e. possessing, cultivating, manufacturing, repackaging, storing, transporting, displaying, or transferring cannabis items if the person has obtained a current, valid license to operate a cannabis testing facility or is acting in his capacity as an owner, employee, or agent of a licensed cannabis testing facility; and
f. leasing or otherwise allowing the use of property owned, occupied, or controlled by any person, corporation, or other entity for any of the activities conducted lawfully in accordance with subsections a. through e. of this section.
L.2021, c.16, s.50.
2C:35-10b1 Enforcement program, unlicensed manufacture, distribution, sale of purported cannabis, cannabis items.
4. a. The Division of State Police, in consultation with local law enforcement agencies and the Cannabis Regulatory Commission, shall develop and implement an enforcement program to identify, investigate, and initiate enforcement action against any person or entity engaged in the unlicensed manufacture, distribution, or sale of purported cannabis or cannabis items , which activities violate N.J.S.2C:35-5 as the unlawful manufacturing, distribution, or dispensing of marijuana.
b. Upon the discovery of any violation by an unlicensed business, the New Jersey State Police or the local law enforcement agency, in conjunction with the Office of the Attorney General in the Department of Law and Public Safety, may take such necessary steps to close any business which violates the provisions of N.J.S.2C:35-5, seize any marijuana manufactured, distributed, or dispensed in violation of N.J.S.2C:35-5 by an unlicensed business, and refer any violation of N.J.S.2C:35-5 to the Attorney General or the prosecutor of the county in which the business is located for criminal prosecution.
c. An unlicensed business found to be in violation of N.J.S.2C:35-5 shall be deemed a public nuisance. Notwithstanding any other provision of law, a municipality shall have the power to impose restrictions on the operation, including closure, of any business determined to constitute a public nuisance in accordance with this subsection.
L.2025, c.325, s.4.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.