Beruflich Dokumente
Kultur Dokumente
G:\CMUJUD\J207\BILLS\BILLS 2018-2019\
A4497-AAP_SCS.DOCX JU 196
SR 000
TR 000
penalty of not less than $500 nor more than $10,000, which penalty
may be collected in a summary proceeding pursuant to the "Penalty
Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
If a violation also represents a crime or disorderly persons offense
as set forth in subsection b. of this section, the State Ethics
Commission shall also refer the matter to the Attorney General or
appropriate county prosecutor for further investigation and
prosecution.
(b) (i) Nothing herein contained shall alter or amend the post-
employment restrictions applicable to members and employees of
the Casino Control Commission and employees and agents of the
Division of Gaming Enforcement pursuant to paragraph (2) of
subsection e. [(2)] of section 59 and to section 60 of P.L.1977,
c.110 (C.5:12-59 and C.5:12-60); [and]
(ii) Nothing herein contained shall alter or amend the post-
service or post-employment restrictions applicable to members and
employees of the Cannabis Regulatory Commission pursuant to
paragraph (2) of subsection c. of section 11 and section 12 of P.L.
, c. (C. ) (pending before the Legislature as this bill); and
(3) any partnership, firm or corporation engaged in the practice
of law or in providing any other professional services with which
any person included in paragraph (1) of subsection a. of this
section, or a member of the immediate family of that person, is
associated, and any partner, officer, director or employee thereof,
other than that person, or immediate family member, may represent,
appear for or negotiate on behalf of any holder of, or applicant for,
a casino license, personal use cannabis license, or medical cannabis
permit, or any entity that employs or uses a certified cannabis
handler in connection with any cause, application or matter or any
holding company or intermediary company with respect to such
holder of, or applicant for, a casino license, personal use cannabis
license, or medical cannabis permit, or entity, in connection with
any phase of [casino] development, permitting, licensure or any
other matter whatsoever related to casino or cannabis or medical
marijuana activity, and that person or immediate family member
shall not be barred from association with such partnership, firm or
corporation, if for a period of two years next subsequent to the
termination of the person's office or employment, the person or
immediate family member (a) is screened from personal
participation in any such representation, appearance or negotiation;
and (b) is associated with the partnership, firm or corporation in a
position which does not entail any equity interest in the partnership,
firm or corporation. The exception provided in this paragraph shall
not apply to a former Governor, Lieutenant Governor, Attorney
General, member of the Legislature, person included in paragraph
(2) of subsection a. of this section, or to the members of their
immediate families.
d. This section shall not apply to the spouse of a State officer
or employee, which State officer or employee is without
responsibility for matters affecting casino, personal use cannabis, or
medical cannabis activity, who becomes the spouse subsequent to
the State officer's or employee's appointment or employment as a
State officer or employee and who is not individually or directly
employed by a holder of, or applicant for, a casino license, personal
use cannabis license, or medical cannabis permit, or any entity that
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owner who holds less than a five percent investment interest in the
cannabis processor or who is a member of a group that holds less
than a 20 percent investment interest in the cannabis processor 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 processor’s operations;
any director; any officer; and any employee.
(a) Pursuant to this provision, the commission is authorized to
exchange fingerprint data with and receive criminal history record
background information from the Division of State Police and the
Federal Bureau of Investigation consistent with the provisions of
applicable federal and State laws, rules, and regulations. The
Division of State Police shall forward criminal history record
background information to the commission in a timely manner
when requested pursuant to the provisions of this section;
(b) Each person shall submit to being fingerprinted in
accordance with applicable State and federal laws, rules, and
regulations. No check of criminal history record background
information shall be performed pursuant to this section unless a
person has furnished his written consent to that check. A person
who refuses to consent to, or cooperate in, the securing of a check
of criminal history record background information shall not be
considered for licensure as a processor. Each person shall bear the
cost for the criminal history record background check, including all
costs of administering and processing the check;
(c) (i) With respect to determining whether any conviction of a
person contained in the criminal history record background check
should disqualify an applicant for a Class 2 Cannabis Processor
license, the commission shall not take into consideration any
conviction for a crime or offense that occurred prior to the effective
date of P.L. , c. (C. ) (pending before the Legislature as this
bill) involving a controlled dangerous substance or controlled
substance analog as set forth in paragraph (11) or (12) of subsection
b., or subparagraph (b) of paragraph (10) of subsection b. of
N.J.S.2C:35-5, or paragraph (3) or (4) of subsection a. of
N.J.S.2C:35-10, or any similar indictable offense under federal law,
this State’s law, or any other state’s law, or for any conviction
under federal law for conduct involving cannabis or cannabis resin
that is authorized by P.L. , c. (C. ) (pending before the
Legislature as this bill). Additionally, the commission shall not
take into consideration any other prior conviction, unless that
conviction is for an indictable offense under federal law, other than
a conviction for conduct involving cannabis or cannabis resin that is
authorized by P.L. , c. (C. ) (pending before the Legislature
as this bill), or under this State’s law, or any other state’s law that is
substantially related to the qualifications, functions, or duties for
which the license is required, and not more than five years have
passed since the date of that conviction, satisfactory completion of
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order is made upon the county prosecutor for the county in which
the post mortem examination or autopsy occurred,
for use in the field of forensic pathology or for use in medical or
scientific education or research, or
for use by any law enforcement agency in this State or any other
state or federal law enforcement agency;
criminal investigatory records;
the portion of any criminal record concerning a person’s
detection, apprehension, arrest, detention, trial or disposition for
unlawful distribution of, or possessing or having under control with
intent to distribute, marijuana or hashish in violation of paragraph
(11) of subsection b. of N.J.S.2C:35-5, or a lesser amount of
marijuana or hashish in violation of paragraph (12) of subsection b.
of that section, or a violation of either of those paragraphs and a
violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-
7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1),
for distributing, or possessing or having under control with intent to
distribute, on or within 1,000 feet of any school property, or on or
within 500 feet of the real property comprising a public housing
facility, public park, or public building, or for obtaining,
possessing, using, being under the influence of, or failing to make
lawful disposition of marijuana or hashish in violation of paragraph
(3) or (4) of subsection a., or subsection b., or subsection c. of
N.J.S.2C:35-10;
victims' records, except that a victim of a crime shall have access
to the victim's own records;
any written request by a crime victim for a record to which the
victim is entitled to access as provided in this section, including,
but not limited to, any law enforcement agency report, domestic
violence offense report, and temporary or permanent restraining
order;
personal firearms records, except for use by any person
authorized by law to have access to these records or for use by any
government agency, including any court or law enforcement
agency, for purposes of the administration of justice;
personal identifying information received by the Division of Fish
and Wildlife in the Department of Environmental Protection in
connection with the issuance of any license authorizing hunting
with a firearm. For the purposes of this paragraph, personal
identifying information shall include, but not be limited to, identity,
name, address, social security number, telephone number, fax
number, driver's license number, email address, or social media
address of any applicant or licensee;
trade secrets and proprietary commercial or financial information
obtained from any source. For the purposes of this paragraph, trade
secrets shall include data processing software obtained by a public
body under a licensing agreement which prohibits its disclosure;
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section 3 of that act (C. ) to impose the $50 civil penalty for
possession of five grams or less of hashish pursuant to this
paragraph. The penalties provided for in this paragraph shall be
collected pursuant to the “Penalty Enforcement Law of 1999,”
P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding
before the municipal court having jurisdiction. A penalty recovered
under the provisions of this paragraph shall be recovered by and in
the name of the State by the local municipality. The penalty shall
be paid into the treasury of the municipality in which the violation
occurred for the general use of the municipality.
Any person who commits any offense defined in this section
while on any property used for school purposes which is owned by
or leased to any elementary or secondary school or school board, or
within 1,000 feet of any such school property or a school bus, or
while on any school bus, and who is not sentenced to a term of
imprisonment, shall, in addition to any other sentence which the
court may impose, be required to perform not less than 100 hours of
community service.
b. Any person who uses or who is under the influence of any
controlled dangerous substance, or its analog, for a purpose other
than the treatment of sickness or injury as lawfully prescribed or
administered by a physician is a disorderly person.
In a prosecution under this subsection, it shall not be necessary
for the State to prove that the accused did use or was under the
influence of any specific drug, but it shall be sufficient for a
conviction under this subsection for the State to prove that the
accused did use or was under the influence of some controlled
dangerous substance, counterfeit controlled dangerous substance, or
controlled substance analog, by proving that the accused did
manifest physical and physiological symptoms or reactions caused
by the use of any controlled dangerous substance or controlled
substance analog.
c. Any person who knowingly obtains or possesses a controlled
dangerous substance or controlled substance analog in violation of
subsection a. of this section and who fails to voluntarily deliver the
substance to the nearest law enforcement officer is guilty of a
disorderly persons offense. Nothing in this subsection shall be
construed to preclude a prosecution or conviction for any other
offense defined in this title or any other statute.
(cf: P.L.1997, c.181, s.6)
pipes; [(8)] (h) carburetor pipes; [(9)] (i) electric pipes; [(10)] (j)
air-driven pipes; [(11)] (k) chillums; [(12)] (l) bongs; [(13)] (m) ice
pipes or chillers; [(14)] (n) compressed gas containers, such as
tanks, cartridges or canisters, that contain food grade or
pharmaceutical grade nitrous oxide as a principal ingredient; [(15)]
(o) chargers or charging bottles, meaning metal, ceramic or plastic
devices that contain an interior pin that may be used to expel
compressed gas from a cartridge or canister; and [(16)] (p) tubes,
balloons, bags, fabrics, bottles or other containers used to
concentrate or hold in suspension a toxic chemical or the fumes of a
toxic chemical.
b. In determining whether or not an object is drug
paraphernalia, the trier of fact, in addition to or as part of the
proofs, may consider the following factors:
[a.] (1) (a) statements by an owner or by anyone in control of
the object concerning its use;
[b.] (b) the proximity of the object [of] to illegally possessed
controlled dangerous substances, controlled substance analogs or
toxic chemicals;
[c.] (c) the existence of any residue of illegally possessed
controlled dangerous substances, controlled substance analogs or
toxic chemicals on the object;
[d.] (d) direct or circumstantial evidence of the intent of an
owner, or of anyone in control of the object, to deliver it to persons
whom he knows intend to use the object to facilitate a violation of
this act; the innocence of an owner, or of anyone in control of the
object, as to a direct violation of this act shall not prevent a finding
that the object is intended for use as drug paraphernalia;
[e.] (e) instructions, oral or written, provided with the object
concerning its use;
[f.] (f) descriptive materials accompanying the object which
explain or depict its use;
[g.] (g) national or local advertising whose purpose the person
knows or should know is to promote the sale of objects intended for
use as drug paraphernalia;
[h.] (h) the manner in which the object is displayed for sale;
[i.] (i) the existence and scope of legitimate uses for the object
in the community; and
[j.] (j) expert testimony concerning its use.
(2) If an object appears to be for use, intended for use, or
designed for use with cannabis or cannabis items in accordance with
the “New Jersey Cannabis Regulatory and Expungement Aid
Modernization Act,” P.L. , c. (C. ) (pending before the
Legislature as this bill), the object is presumed to be a lawful
cannabis paraphernalia as defined in section 3 of that act (C. ),
and does not alone constitute reasonable articulable suspicion that
the object is a drug paraphernalia, notwithstanding that the object
could also be used with marijuana, hashish, or another illegal
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the court shall include in the report the complete name, address,
date of birth, eye color, and sex of the person, as well as the first
and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the
person is convicted of operating a motor vehicle during the period
of license suspension or postponement, the person shall be subject
to the penalties set forth in R.S.39:3-40. A person shall be required
to acknowledge receipt of the written notice in writing. Failure to
receive a written notice or failure to acknowledge in writing the
receipt of a written notice shall not be a defense to a subsequent
charge of a violation of R.S.39:3-40.
If the person convicted under such an ordinance is not a New
Jersey resident, the court shall suspend or postpone, as appropriate,
the non-resident driving privilege of the person based on the age of
the person and submit to the [division] commission the required
report. The court shall not collect the license of a non-resident
convicted under this section. Upon receipt of a report by the court,
the [division] commission shall notify the appropriate officials in
the licensing jurisdiction of the suspension or postponement.
c. (1) No ordinance shall prohibit an underaged person from
consuming or possessing an alcoholic beverage in connection with a
religious observance, ceremony, or rite or consuming or possessing
an alcoholic beverage in the presence of and with the permission of
a parent, guardian or relative who has attained the legal age to
purchase and consume alcoholic beverages.
(2) As used in this section:
“Alcoholic beverage” includes powdered alcohol as defined by
R.S.33:1-1.
“Guardian” means a person who has qualified as a guardian of
the underaged person pursuant to testamentary or court
appointment.
“Cannabis items” includes any item available for lawful
consumption pursuant to the “New Jersey Cannabis Regulatory and
Expungement Aid Modernization Act,” P.L. , c. (C. )
(pending before the Legislature as this bill).
“Relative” means the underaged person's grandparent, aunt or
uncle, sibling, or any other person related by blood or affinity.
d. No ordinance shall prohibit possession of alcoholic
beverages by any such person while actually engaged in the
performance of employment by a person who is licensed under Title
33 of the Revised Statutes, or while actively engaged in the
preparation of food while enrolled in a culinary arts or hotel
management program at a county vocational school or [post
secondary] post-secondary educational institution, and no ordinance
shall prohibit possession of cannabis items by any such person
while actually engaged in the performance of employment by a
cannabis establishment as permitted pursuant to the “New Jersey
Cannabis Regulatory and Expungement Aid Modernization Act,”
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States or his delegate, under any laws of the United States making
provisions therefor, if such order forms are authorized and required
by the federal law, and if no such form is provided, then on an
official form provided for that purpose by the division. If
authorized by the Attorney General of the United States or the
division, the term shall also include an order transmitted by
electronic means.
"Opiate" means any dangerous substance having an addiction-
forming or addiction-sustaining liability similar to morphine or
being capable of conversion into a drug having such addiction-
forming or addiction-sustaining liability. It does not include, unless
specifically designated as controlled under section 3 of this act, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its
salts (dextromethorphan). It does include its racemic and
levorotatory forms.
"Opium poppy" means the plant of the species Papaver
somniferum L., except the seeds thereof.
"Person" means any corporation, association, partnership, trust,
other institution or entity, or one or more individuals.
"Pharmacist" means a registered pharmacist of this State.
"Pharmacy owner" means the owner of a store or other place of
business where controlled dangerous substances are compounded or
dispensed by a registered pharmacist; but nothing in this chapter
contained shall be construed as conferring on a person who is not
registered or licensed as a pharmacist any authority, right, or
privilege that is not granted to the person by the pharmacy laws of
this State.
"Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
"Practitioner" means a physician, dentist, veterinarian, scientific
investigator, laboratory, pharmacy, hospital, or other person
licensed, registered, or otherwise permitted to distribute, dispense,
conduct research with respect to, or administer a controlled
dangerous substance in the course of professional practice or
research in this State.
(a) "Physician" means a physician authorized by law to practice
medicine in this or any other state.
(b) "Veterinarian" means a veterinarian authorized by law to
practice veterinary medicine in this State.
(c) "Dentist" means a dentist authorized by law to practice
dentistry in this State.
(d) "Hospital" means any federal institution, or any institution
for the care and treatment of the sick and injured, operated or
approved by the appropriate State department as proper to be
entrusted with the custody and professional use of controlled
dangerous substances.
(e) "Laboratory" means a laboratory to be entrusted with the
custody of narcotic drugs and the use of controlled dangerous
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(5) Alphamethadol
(6) Benzethidine
(7) Betacetylmethadol
(8) Betameprodine
(9) Betamethadol
(10) Betaprodine
(11) Clonitazene
(12) Dextromoramide
(13) Dextrorphan
(14) Diampromide
(15) Diethylthiambutene
(16) Dimenoxadol
(17) Dimepheptanol
(18) Dimethylthiambutene
(19) Dioxaphetyl butyrate
(20) Dipipanone
(21) Ethylmethylthiambutene
(22) Etonitazene
(23) Etoxeridine
(24) Furethidine
(25) Hydroxypethidine
(26) Ketobemidone
(27) Levomoramide
(28) Levophenacylmorphan
(29) Morpheridine
(30) Noracymethadol
(31) Norlevorphanol
(32) Normethadone
(33) Norpipanone
(34) Phenadoxone
(35) Phenampromide
(36) Phenomorphan
(37) Phenoperidine
(38) Piritramide
(39) Proheptazine
(40) Properidine
(41) Racemoramide
(42) Trimeperidine.
d. Any of the following narcotic substances, their salts, isomers
and salts of isomers, unless specifically excepted, whenever the
existence of such salts, isomers and salts of isomers is possible
within the specific chemical designation:
(1) Acetorphine
(2) Acetylcodone
(3) Acetyldihydrocodeine
(4) Benzylmorphine
(5) Codeine methylbromide
(6) Codeine-N-Oxide
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(7) Cyprenorphine
(8) Desomorphine
(9) Dihydromorphine
(10) Etorphine
(11) Heroin
(12) Hydromorphinol
(13) Methyldesorphine
(14) Methylhydromorphine
(15) Morphine methylbromide
(16) Morphine methylsulfonate
(17) Morphine-N-Oxide
(18) Myrophine
(19) Nicocodeine
(20) Nicomorphine
(21) Normorphine
(22) Phoclodine
(23) Thebacon.
e. Any material, compound, mixture or preparation which
contains any quantity of the following hallucinogenic substances,
their salts, isomers and salts of isomers, unless specifically
excepted, whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) 3,4-methylenedioxy amphetamine
(2) 5-methoxy-3,4-methylenedioxy amphetamine
(3) 3,4,5-trimethoxy amphetamine
(4) Bufotenine
(5) Diethyltryptamine
(6) Dimethyltryptamine
(7) 4-methyl-2,5-dimethoxylamphetamine
(8) Ibogaine
(9) Lysergic acid diethylamide
(10) Marihuana; however, on and after the effective date of the
“New Jersey Cannabis Regulatory and Expungement Aid
Modernization Act,” P.L. , c. (C. ) (pending before the
Legislature as this bill), marihuana shall no longer be included in
Schedule I, and shall not be designated or rescheduled and included
in any other schedule by the director pursuant to the director’s
designation and rescheduling authority set forth in section 3 of
P.L.1970, c.226 (C.24:21-3).
(11) Mescaline
(12) Peyote
(13) N-ethyl-3-piperidyl benzilate
(14) N-methyl-3-piperidyl benzilate
(15) Psilocybin
(16) Psilocyn
(17) Tetrahydrocannabinols, except when found in industrial
hemp cultivated pursuant to the New Jersey Industrial Hemp Pilot
Program established by P.L.2018, c.139 (C.4:28-1 et al.).
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through 40, 42 through 45, 48] 531 and 1[49,]1 54 1, 57 and 58, 631
through 1[60, 63] 69, 75 and 76, 781 through 1[69, 71, and 72] 80,
and 831 shall take effect immediately, but shall only become
operative upon adoption of the commission’s initial rules and
regulations pursuant to subparagraph (a) of paragraph (1) of
subsection d. of section 8 of P.L. , c. (C. ) (pending before
the Legislature as this bill); and
c. The Attorney General, Commissioner of Health,
Commissioner of Banking and Insurance, and the Administrative
Director of the Courts, and once constituted and organized, the
Cannabis Regulatory Commission, may take such anticipatory
administrative action as may be necessary to effectuate the
provisions of P.L. , c. (C. ) (pending before the Legislature
as this bill).