New Jersey Cannabis Delivery License

A New Jersey Class 6 Cannabis Delivery License is a legal document that allows its owner to provide courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to the consumer and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. Just like DoorDash but for weed.

Further, a cannabis retailer shall accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.

The New Jersey Cannabis Regulatory Commission’s (CRC) decision to exclusively accept certain marijuana licenses from social equity applicants on September 27, 2023.

Under the new rules, Social Equity applicants will be given priority and exclusive access to licenses for Wholesaler, Distributor, and Delivery service class licenses.

According to the newest legislation, the CRC shall determine the number of licenses, of which at least 35% have to be conditional licenses issued pursuant to the legislation and at least 10% of the total number of licenses have to be issued to microbusinesses.

How to apply for New Jersey Delivery License 

In order to apply for a New Jersey Cannabis  Delivery License, the applicant must:

• Be a qualified Social Equity applicant; Social Equity, Diversely Owned Businesses and Impact Zone Businesses.
• Apply for a license in the manner described in the latest legislation and the CRC;
• Have at least one significantly involved person who has resided in this State for at least two years as of the date of the application, and provide proof that this person and any other person with financial interest who also has decision making authority for the cannabis delivery service listed on an application submitted under the legislation is 21 years of age or older;
• Meet the requirements of any rule or regulation adopted by the CRC;
• Provide for each of the following persons to undergo a criminal history record background check: any owner, other than an owner who holds less than a five percent investment interest in the cannabis delivery service or who is a member of a group that holds less than a 20 percent investment interest in the cannabis delivery service and no member of that group holds more than a five percent interest in the total group investment, and who lacks the authority to make controlling decisions regarding the cannabis delivery service’s operations; any director; any officer; and any employee.

An initial application for licensure shall be evaluated according to criteria to be developed by the CRC. There shall be included bonus points for applicants who are residents of New Jersey. 

An application for a New Jersey cannabis delivery license service shall not include in that application a proposed site that would place the delivery service’s premises in or upon any premises in which operates a grocery store, delicatessen, indoor food market, or other store engaging in retail sales of food, or in or upon any premises in which operates a store that engages in licensed retail sales of alcoholic beverages, as defined by subsection b. of R.S.33:1-1; any application presented to the commission shall be denied if it includes that form of proposed site.

Licensing fees:

• Application fee – Standard $400 | Microbusiness (Business with <10 Employees) $200
• Approval fee – Standard $1600 | Microbusiness (Business with <10 Employees) $800
• Annual licensing fee – Standard $3000 | Microbusiness (Business with <10 Employees) $1000

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Disqualification of an application for a New Jersey Cannabis Delivery License 

An application for a New Jersey cannabis delivery license shall be disqualified from consideration unless it includes documentation demonstrating that the applicant will have final control of the premises upon approval of the application, including, but not limited to, a lease agreement, contract for sale, title, deed, or similar documentation. In addition, if the applicant will lease the premises, the application will be disqualified from consideration unless it includes certification from the landlord that the landlord is aware that the tenant’s use of the premises will involve activities associated with operations as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service.

Also, every application has to include:

• A community impact, social responsibility, and research statement, which may include, but shall not be limited to the following:
  • A community impact plan summarizing how the applicant intends to have a positive impact on the community in which the proposed cannabis establishment, distributor, or delivery service is to be located, which shall include an economic impact plan and a description of outreach activities;
  • A written description of the applicant’s record of social responsibility, philanthropy, and ties to the proposed host community;
  • a written description of any research the applicant has conducted on the adverse effects of the use of cannabis items, substance abuse or addiction, and the applicant’s participation in or support of cannabis-related research and educational activities; and
  • A written plan describing any research and development regarding the adverse effects of cannabis, and any cannabis-related educational and outreach activities, which the applicant intends to conduct if issued a license by the commission.
• A workforce development and job creation plan, which may include information on the applicant’s history of job creation and planned job creation at the proposed cannabis establishment, distributor, or delivery service; education, training, and resources to be made available for employees; any relevant certifications; and an optional diversity plan.
• A business and financial plan, which may include, but shall not be limited to, the following:
  • An executive summary of the applicant’s business plan;
  • A demonstration of the applicant’s financial ability to implement its business plan, which may include, but shall not be limited to, bank statements, business and individual financial statements, net worth statements, and debt and equity financing statements; and
  • A description of the applicant’s plan to comply with guidance pertaining to cannabis issued by the Financial Crimes Enforcement Network under 31 U.S.C. s.5311 et seq., the federal “Bank Secrecy Act,” which may be demonstrated by submitting letters regarding the applicant’s banking history from banks or credit unions that certify they are aware of the business activities of the applicant, or entities with common ownership or control  with the applicant, in any state where the applicant has operated a business related to personal use or medical cannabis. For the purposes of this subparagraph, the commission shall consider only bank references involving accounts in the name of the applicant or of an entity with common ownership or control with the applicant. An applicant who does not submit the information about a plan of compliance with the federal “Bank Secrecy Act” shall not be disqualified from consideration.
• Whether any of the applicant’s majority or controlling owners were previously approved by the commission to serve as an officer, director, principal, or key employee of an alternative treatment center or personal use cannabis establishment, distributor, or delivery service, provided any such individual served in that capacity for six or more months.
• Any other information the commission deems relevant in determining whether to grant a license to the applicant.

Important factors for the application of a New Jersey Cannabis Delivery License

Furthermore, the criteria to be developed by the CRC for a cannabis license application has to include an analysis of the following factors:

• The applicant’s environmental impact plan.
• A summary of the applicant’s safety and security plans and procedures, which shall include descriptions of the following:
  • Plans for the use of security personnel, including contractors;
  • The experience or qualifications of security personnel and proposed contractors;
  • Security and surveillance features, including descriptions of any alarm systems, video surveillance systems, and access and visitor management systems, along with drawings identifying the proposed locations for surveillance cameras and other security features;
  • Plans for the storage of cannabis and cannabis items, including any safes, vaults, and climate control systems that will be utilized for this purpose;
  • A diversion prevention plan;
  • An emergency management plan;
  • Procedures for screening, monitoring, and performing criminal history record background checks of employees;
  • Cybersecurity procedures;
  • Workplace safety plans and the applicant’s familiarity with federal Occupational Safety and Health Administration regulations;
  • The applicant’s history of workers’ compensation claims and safety assessments;
  • Procedures for reporting adverse events; and
  • A sanitation practices plan.
• A summary of the applicant’s business experience, including the following, if applicable:
  • The applicant’s experience operating businesses in highly regulated industries;
  • The applicant’s experience in operating cannabis establishments or alternative treatment centers and related cannabis production, manufacturing, warehousing, or retail entities, or experience in operating cannabis distributors or delivery services, under the laws of New Jersey or any other state or jurisdiction within the United States; and
  • The applicant’s plan to comply with and mitigate the effects of 26 U.S.C. s.280E on cannabis businesses, and for evidence that the applicant is not in arrears with respect to any tax obligation to the State.
• A description of the proposed location for the applicant’s site, including the following, if applicable:
  • The proposed location, the surrounding area, and the suitability or advantages of the proposed location, along with a floor plan and optional renderings or architectural or engineering plans;
  • The submission of zoning approvals for the proposed location, which shall consist of a letter or affidavit from appropriate officials of the municipality that the location will conform to local zoning requirements allowing for activities related to the operations of the proposed cannabis cultivator, as will be conducted at the proposed facility; and
  • The submission of proof of local support for the suitability of the location, which may be demonstrated by a resolution adopted by the municipality’s governing body indicating that the intended location is appropriately located or otherwise suitable for activities related to the operations of the proposed cannabis cultivator.
• A community impact, social responsibility, and research statement, which may include, but shall not be limited to, the following:
  • A community impact plan summarizing how the applicant intends to have a positive impact on the community in which the proposed cannabis establishment, distributor, or delivery service is to be located, which shall include an economic impact plan and a description of outreach activities;
  • A written description of the applicant’s record of social responsibility, philanthropy, and ties to the proposed host community;
  • A written description of any research the applicant has conducted on the adverse effects of the use of cannabis items, substance abuse or addiction, and the applicant’s participation in or support of cannabis-related research and educational activities; and
  • A written plan describing any research and development regarding the adverse effects of cannabis, and any cannabis-related educational and outreach activities, which the applicant intends to conduct if issued a license by the commission.
• A workforce development and job creation plan, which may include information on the applicant’s history of job creation and planned job creation at the proposed cannabis establishment, distributor, or delivery service; education, training, and resources to be made available for employees; any relevant certifications; and an optional diversity plan.
• A business and financial plan, which may include, but shall not be limited to, the following:
  • An executive summary of the applicant’s business plan;
  • A demonstration of the applicant’s financial ability to implement its business plan, which may include, but shall not be limited to, bank statements, business and individual financial statements, net worth statements, and debt and equity financing statements; and
  • A description of the applicant’s plan to comply with guidance pertaining to cannabis issued by the Financial Crimes Enforcement Network under 31 U.S.C. s.5311 et seq., the federal “Bank Secrecy Act,” which may be demonstrated by submitting letters regarding the applicant’s banking history from banks or credit unions that certify they are aware of the business activities of the applicant, or entities with common ownership or control with the applicant, in any state where the applicant has operated a business related to personal use or medical cannabis. 
• Whether any of the applicant’s majority or controlling owners were previously approved by the commission to serve as an officer, director, principal, or key employee of an alternative treatment center or personal use cannabis establishment, distributor, or delivery service, provided any such individual served in that capacity for six or more months
• Any other information the commission deems relevant in determining whether to grant a license to the applicant.

If you need more information about the licensing process, it is recommended that you contact an expert in the field so that you can get the necessary guidance in your endeavor.

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