Open for Business - New Jersey Now Accepting Applications for Cannabis Licenses

The New Jersey Cannabis Regulatory Commission began accepting applications for wholesale, distribution, and delivery of recreational cannabis business licenses…

The New Jersey Cannabis Regulatory Commission (CRC or Commission) began accepting applications for wholesale, distribution, and delivery of recreational cannabis business licenses on September 27, 2023. The new licensing opportunities represent just one of several key changes impacting New Jersey’s growing cannabis industry.

On September 8, 2023, the CRC voted to relax restrictions on edibles, clearing the way for additional ingestible products, including cannabis infused food and beverages, to be offered by both adult-use and medical dispensaries. Under the new guidance, cannabis businesses must satisfy a number of requirements, which include ensuring products are made uniformly, providing food safety training to employees involved in manufacturing, and complying with strict packaging and labeling requirements.

New Jersey Cannabis License Application Schedule

New applicants or existing operators looking to integrate their cannabis business vertically will be able to apply for business licenses in the three additional classes over the coming months. These new licensing opportunities include:

• A Class 3 Cannabis Wholesale: This license allows the holder to store, buy, and sell bulk cannabis and cannabis products.
• A Class 4 Cannabis Distribution: This license allows the holder to transport bulk cannabis and cannabis products between cannabis cultivators, manufacturers, or retailers within New Jersey.
• A Class 6 Cannabis Delivery: This license allows the holder to transport retail-purchased cannabis and cannabis products to consumers.

Depending on your entity status, you may be able to submit your application now. On September 27, 2023, the CRC began accepting applications for Class 3 Wholesaler, Class 4 Distributor, and Class 6 Delivery Service licenses from Social Equity Businesses only. These businesses will have an exclusive 90-day application period.

Beginning on December 27, 2023, at 9 a.m. ET, the CRC will also begin accepting applications for Class 3 Wholesaler, Class 4 Distributor, and Class 6 Delivery Service licenses from Diversely Owned Businesses. Beginning on March 27, 2024, at 9 a.m. ET, the Commission will begin accepting applications for Class 3 Wholesaler, Class 4 Distributor, and Class 6 Delivery Service licenses from all other applicants.

Importance of Understanding the Application Requirements

For entities interested in pursuing a New Jersey cannabis license, it is imperative to understand all of the requirements and work with experienced counsel when preparing your application. According to data from the CRC, as of August 2023, almost 1,800 of the 2,014 applications received by the CRC resulted in cure letters notifying applicants of application deficiencies. The CRC says that the most common reasons for cure letters are: 

• Entity Disclosure Form (EDF) Issues: Entities must provide disclosure forms for license applicants and any related entities providing financial or management support.  
• Persons of Interest (POI) issues: Applicants must be sure to sign the necessary documents, including the statement of truth and waiver of liability, and have them notarized. Additionally, you must correctly identify the people involved and provide their Personal History Disclosure (PHD). It is also imperative to provide all the requested data and complete the PHDs. 
• Tax Return issues: Applicants must provide their latest state and federal tax return. If submitting returns from a previous year, you must also provide proof of any extensions obtained. 
• Government Identification Issues: Applicants must provide valid government IDs that is current at the time of submission. 
• Business Certification Issues: Diversely-owned businesses’ certification must be up-to-date on New Jersey Selective Assistance Vendor Information (NJSAVI) and in the name of the correct applicant.  

Key Takeaways

There are many new opportunities on the horizon in New Jersey’s cannabis industry. However, to fully take advantage of them, you must be able to navigate the licensing process. To avoid unnecessary delays, it is always advisable to work with an experienced cannabis attorney.

Scarinci Hollenbeck has helped clients successfully obtain cannabis licenses in New Jersey for several years. We encourage you to contact Scarinci Hollenbeck’s Cannabis Law Group for more information regarding applications, CRC regulations, and other legal compliance issues.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

This article is a part of a series pertaining to cannabis legalization in New York, New Jersey and the United States at large. Prior articles in this series are below:

• Act Now to Take Advantage of New York’s New Cannabis Licensing Opportunities
• What HHS’s Recommendation to Reschedule Cannabis Really Means
• What the Cannabis Industry Should Know About the Hemp Access and Consumer Safety Act

Disclaimer: Possession, use, distribution, and/or sale of cannabis is a Federal crime and is subject to related Federal policy. Legal advice provided by Scarinci Hollenbeck, LLC is designed to counsel clients regarding the validity, scope, meaning, and application of existing and/or proposed cannabis law. Scarinci Hollenbeck, LLC will not provide assistance in circumventing Federal or state cannabis law or policy, and advice provided by our office should not be construed as such.