NEW JERSEY CANNABIS REGULATORY COMMISSION – APPLICATION CHECKLIST
GENERAL INFORMATION AND SUMMARY
– On December 15, 2021, the Commission begun to accept applications for Class 1
Cultivator Licenses, Class 2 Manufacturer Licenses, and Testing Laboratories.
– On March 15, 2022, the Commission begun accepting applications for Class 5 Retailer
Licenses.
– The following is a checklist of the requirements an applicant under the different classes
of License application must meet in order for the commission to consider their
application
WHERE APPLICATION FOR LICENSE IS DONE
– All cannabis business and testing laboratory license applications shall be submitted
online through the Commission’s application portal at http://www.nj.gov/cannabis
ELIGIBILITY AND LIMITATIONS
– To be eligible to submit a cannabis business application;
i. Applicants shall be registered to do business in the State of New Jersey by the
Division of Revenue and Enterprise Services in the Department of the Treasury
ii. have both federal and state taxpayer identification numbers; and
iii. be in compliance with all provisions of N.J.S.A. 24:6I-31 through 56 and N.J.A.C.
17:30 for license applicants
iv. application shall have at least one owner listed in the application who has resided
in New Jersey for at least two years prior to the date of application
GENERAL APPLICATION PROVISIONS
– License applicants shall create at least one account on the Commission’s application
submission portal and shall electronically submit all information and attachments
required by this Notice through the application submission portal.
– An application must include:
i. Responses to all required questions in the online application;
ii. All attachments, forms, and documents required by this Notice,
iii. submitted electronically in the online application; and
iv. All required fees.
– Note that Submissions and documents that are required to be created by a license
applicant, excluding attachments that cannot be formatted accordingly, shall be typed
using 12-point Times New Roman font or its equivalent, single spaced, with one (1) inch
margins, single sided on letter-sized (8 ½” x 11”) pages.
MANDATORY APPLICATION REQUIREMENTS FOR LICENSE APPLICANTS
The mandatory submission requirements for all license applicants, including conditional license
applicants and annual license applicants, are:
1. The license applicant entity’s legal name, under which it is registered to do business in
the State of New Jersey; a. License applicants may include any already existing trade
names, alternate names, or “doing business as” (“DBA”) names on the application;
however, if issued a license, the entity will not be permitted to operate under any
alternate name;
2. Documentation of a valid Business Registration Certificate on file with the Division of
Revenue and Enterprise Services in the Department of the Treasury;
3. Documentation of a valid Business Registration Certificate on file with the Division of
Revenue and Enterprise Services in the Department of the Treasury; note that Sole-
proprietorships that do not possess a Federal or State Tax ID shall submit their social
security number, as applicable
4. A primary contact, including address and contact information;
5. Disclosure of all Persons of Interest with true and complete responses to all questions
regarding Persons of Interest provided, however, that gender, race, and ethnicity are
optional submissions;
6. Disclosure of all Entities of Interest and true and complete responses to all questions
regarding Entities of Interest;
7. The proposed location of the cannabis business;
8. The identity and contact information for the proposed landlord, if applicable;
9. Full and truthful responses to all license-holder eligibility and qualification questions on
the application, including but not limited to:
i. Whether the license applicant qualifies as a Social Equity Business, Diversely-
Owned Business, or Impact Zone Business; and
ii. Whether the license applicant qualifies as a microbusiness;
10. Entity Disclosure Forms for the license applicant and all Entities of Interest;
11. Personal History Disclosure Forms for all Persons of Interest;
12. Evidence that all Persons of Interest will cooperate with a criminal history background
check pursuant to N.J.A.C. 17:30-7.12;
i. Prior to a license applicant’s approval for a license, all Persons of Interest shall
be fingerprinted and approved pursuant to N.J.A.C. 17:30-7.12
13. Formation documents for the license applicant and all Entities of Interest;
14. All management services contracts and financial source agreements, whether executed
or proposed;
15. Any Vendor-Contractor agreements if the Vendor-Contractor qualifies as an Entity of
Interest;
16. An affidavit that the statements included in the application are true and correct, sworn by
the license holder representative;
17. An authorization to release all information pertaining to the license holder as requested
by the Commission, signed by the license applicant representative;
18. A waiver of liability for any damages that may result to the license applicant from any
disclosure or publication in any manner, other than a willfully unlawful disclosure or
publication, of any information acquired during the licensing process, signed by the
license applicant representative;
19. All applicable fees required pursuant to N.J.A.C. 17:30-7.17; and
20. Responses to all required questions and measures for the type and class of license
sought, pursuant to this Notice.
The mandatory application requirements for all conditional license applicants additionally
include:
1. Proof that each owner of the conditional license applicant who has decision making
authority has, for the immediately preceding taxable year, an adjusted gross income of
no more than $200,000, or no more than $400,000 if filing jointly with another individual.
THE MANDATORY APPLICATION REQUIREMENTS FOR ALL PERSONS OF INTEREST
INCLUDE:
i. Legal name;
ii. Social Security Number, if the license applicant is a sole-proprietorship and the
applicant does not possess a Federal Employer Identification Number;
iii. Primary address, mailing address, and contact information;
iv. Disclosure of ownership interest percentage in the license applicant, if applicable;
v. A completed Personal History Disclosure;
vi. An affidavit that the statements included in the Personal History Disclosure are true
and correct, sworn by the Person of Interest;
vii. An authorization to release all information pertaining to the license holder as
requested by the Commission, signed by the Person of Interest;
viii. A waiver of liability for any damages that may result to the Person of Interest from
any disclosure or publication in any manner, other than a willfully unlawful disclosure
or publication, of any information acquired during the licensing process, signed by
the Person of Interest;
ix. The Person of Interest’s:
a. Resume;
b. Government-issued identification;
c. Adjusted gross income from the preceding tax year; and
d. Federal and State tax returns from the preceding tax year; and
x. Full and truthful responses to all questions for Persons of Interest on the license
application.
xi. Evidence of cooperation with a criminal history background check pursuant to
N.J.A.C. 17:30-7.12.
THE MANDATORY APPLICATION REQUIREMENTS FOR ALL ENTITIES OF INTEREST
ARE:
1. Legal name;
2. Primary address, mailing address and primary contact information;
3. Whether the Entity of Interest is an owner, a management services contractor, a
financial source, or a Vendor-Contractor;
4. A completed Entity Disclosure Form;
5. An affidavit that the statements included in the application are true and correct, sworn by
an individual legally authorized to sign on behalf of the entity;
6. An authorization to release all information pertaining to the license holder as requested
by the Commission, signed by an individual legally authorized to sign on behalf of the
entity;
7. A waiver of liability for any damages that may result to the Entity of Interest from any
disclosure or publication in any manner, other than a willfully unlawful disclosure or
publication, of any information acquired during the licensing process, signed by an
individual legally authorized to sign on behalf of the entity;
8. The Entity of Interest’s:
a. Formation documents;
b. Any agreements, whether proposed or executed, with the license applicant; and
c. Federal and State tax returns from the preceding tax year; and
9. Full and truthful responses to all questions for Entities of Interest on the license
application.
10. Evidence of cooperation with a criminal history background check pursuant to N.J.A.C.
17:30-7.12
THE MANDATORY APPLICATION REQUIREMENTS FOR CONDITIONAL CONVERSION
LICENSE APPLICANTS;
1. Submission of any updates to Persons of Interest and/or Entities of Interest, and any
other changes to mandatory information previously submitted as part of the conditional
license application;
2. A site plan of the proposed location, including a floor plan and a description of the
suitability of the location, which may include renderings, architectural plans, or
engineering plans;
3. Evidence of compliance with local codes and ordinances for the proposed location
including, but not limited to:
a. The distance from the closest church, synagogue, temple, or other place used
exclusively for religious worship; or
b. The distance to the closest school, playground, park, or child daycare facility;
4. Zoning approval, which shall consist of a letter or affidavit from appropriate municipal
officials that the location will conform to municipal zoning requirements allowing for
activities related to the operations of the proposed cannabis cultivator, cannabis
manufacturer, or cannabis retailer, as will be conducted at the proposed cannabis
business premises, and any variances granted concerning the operation of a cannabis
business;
5. Proof of local support for the license applicant that is compliant with Section VIII of this
Notice, and which shall be demonstrated by a resolution adopted by the municipality’s
governing body, or where the municipality has no governing body, a written letter of
support from the municipality’s executive;
6. Documentation demonstrating that the license applicant will have final site control of the
premises upon approval of the application;
7. An attestation signed by a bona fide labor organization stating that the license applicant
has entered into a labor peace agreement with such bona fide labor organization; a. A
conditional license holder operating as a microbusiness is exempt from this requirement;
and
8. For a Social Equity Business, Diversely-Owned business, and Impact Zone Business,
evidence the license applicant is still in compliance with the requirements of the
designations.
THE MANDATORY APPLICATION REQUIREMENTS FOR ANNUAL LICENSE APPLICANTS,
PURSUANT TO N.J.A.C.17:30-7.10 ARE:
1. A site plan of the proposed location, including a floor plan and a description of the
suitability of the location, which may include renderings, architectural plans, or
engineering plans;
2. Evidence of compliance with local codes and ordinances for the proposed location
including, but not limited to:
a. The distance from the closest church, synagogue, temple, or other place used
exclusively for religious worship; or
b. The distance to the closest school, playground, park, or child daycare facility;
3. Zoning approval, which shall consist of a letter or affidavit from appropriate municipal
officials that the location will conform to municipal zoning requirements allowing for
activities related to the operations of the proposed cannabis cultivator, cannabis
manufacturer, or cannabis retailer, as will be conducted at the proposed cannabis
business premises, and any variances granted concerning the operation of a cannabis
business;
4. Proof of local support for the license applicant that is compliant with Section VIII of this
Notice, and which shall be demonstrated by a resolution adopted by the municipality’s
governing body, or where the municipality has no governing body, a written letter of
support from the municipality’s executive;
5. Documentation demonstrating that the license applicant will have final site control of the
premises upon approval of the application; and
6. An attestation signed by a bona fide labor organization stating that the license applicant
has entered into a labor peace agreement with such bona fide labor organization;
a. A microbusiness license applicant is exempt from this requirement
THE MANDATORY APPLICATION REQUIREMENTS FOR DIVERSELY-OWNED
BUSINESSES, PURSUANT TO N.J.A.C.17:30-6.4, IS:
1. The submission of the certification or certifications from the Division of Revenue and
Enterprise Services, Department of Treasury, pursuant to N.J.S.A. 52:27H21.20 and
52:32-31.8, proving the business has qualified as a minority-owned business enterprise,
a woman-owned business enterprise, or a disabled veteran owned business enterprise.
Certifications from entities other than the Division of Revenue and Enterprise Services
will not be accepted.
THE MANDATORY APPLICATION REQUIREMENTS FOR Impact Zone Businesses, pursuant
to N.J.A.C.17:30-6.5, are:
1. Submission of proof that the license applicant:
a. Is more than 50 percent owned by a current resident or residents of an impact zone,
who have also resided in that Impact Zone for at least 3 consecutive years at the
time of application;
b. Intends to locate in an impact zone; or c. Presents a plan, along with an attestation,
to ensure that within 90 days of becoming operational:
i. At least 25 percent of its employees reside in any of the State’s impact zones;
and
ii. Among the employees who reside in impact zones, at least 25 percent reside
in the impact zone nearest to the cannabis business’s location or intended
location.
THE MANDATORY APPLICATION REQUIREMENTS FOR SOCIAL EQUITY BUSINESSES,
PURSUANT TO N.J.A.C.17:30-6.6, ARE:
1. Submission of proof that the license applicant:
a. Is more than 50 percent owned by one or more persons that demonstrate the
following criteria:
i. At the time the initial application is submitted, have lived in an Economically
Disadvantaged Area for 5 of the 10 preceding years; and
ii. Are, at the time the initial application is submitted and based on the preceding
year’s income, a member of a household that has a household income that is
80 percent or less of the average median household income in the state, as
determined annually by the U.S. Census Bureau; or
b. More than 50 percent of the ownership interest of the license applicant is held by one
or more persons who are eligible to be pronounced rehabilitated in accordance with
N.J.A.C. 17:30-7.12(e), if necessary, and have been adjudicated delinquent for or
convicted of, whether expunged or not, in this state, another state, or the Federal
government:
i. At least two marijuana- or hashish-related disorderly persons offenses; or
ii. At least one marijuana- or hashish-related indictable offense.
2. Proof of qualification for Social Equity Businesses shall include:
a. A sworn, notarized statement by the owner(s) qualifying that they meet the criteria
under 1a or 1b; and either
b. If qualifying under 1a, appropriate documentation to prove residency and income can
include but is not limited to the following documents:
i. A New Jersey driver’s license that is in effect and good standing;
ii. A Federal, State, or local government-issued identification card that shows
the applicant’s name and New Jersey address;
iii. Utility bills that show the applicants name and address and date(s)
iv. Correspondence from the Internal Revenue Service or the New Jersey
Division of Taxation issued within the year preceding the application date that
shows the applicant’s name and New Jersey address;
v. A non-driver identification card issued by the New Jersey Motor Vehicle
Commission that is in effect and good standing;
vi. Federal, State, or local government that shows the applicant’s name and New
Jersey address and date(s);
vii. Bank statements or credit card bills that show the applicant’s name and New
Jersey address and date(s);
viii. Residential lease or rental agreements with the name of applicant as lessee
or renter;
ix. A deed or title to real residential property owned by the individual seeking
qualification; or
x. Pay stubs from the prior three months that show the applicant’s name and
New Jersey address.
c. If qualifying under 1b, government issued correspondence or documentation of past
convictions which may include but is not limited to court documents, probation
documents, expungement documents, or the results of a criminal history background
check.
THE MANDATORY APPLICATION REQUIREMENTS FOR MICROBUSINESS, PURSUANT
TO N.J.A.C.17:30-6.7, ARE:
1. Documentation that the license applicant and proposed cannabis business are
compliant, and will comply with the requirements for microbusinesses including:
a. The facility of the cannabis business will take up no more than 2,500 square feet;
b. The microbusiness will have no more than 10 employees;
c. For Retailers and Manufacturers, the microbusiness’s monthly volume will not
exceed 1,000 pounds of cannabis;
d. For Cultivators, the microbusiness shall not exceed a monthly inventory of 1,000
cannabis plants;
e. One hundred percent of the ownership interest in the microbusiness license
applicant or license holder shall be held by current New Jersey resident(s) who have
resided in the State for at least the past two consecutive years, at the time of
application; and
f. At least 51 percent of the total number of persons included in the microbusiness
license application or license holder, including all owners, principals, and employees,
shall be residents of either the municipality in which the microbusiness is or will be
located, or of a municipality directly bordering such municipality, at the time of the
application.
LOCAL SUPPORT AND MUNICIPAL PREFERENCE FOR LICENSE APPLICANTS
Applicants for annual cannabis business licenses and conditional conversion applications shall
include proof of local support in their applications, which shall be submitted as:
1. If the municipality has a governing body, a resolution by that governing body that
includes:
a. The license applicant’s legal name under which they are registered to do business in
the State of New Jersey;
b. A determination that the municipality has authorized the type of cannabis business
license being sought by the license-applicant to operate within its jurisdiction; and
c. A confirmation that if the municipality has imposed a limit on the number of licensed
cannabis businesses, the issuance of a license to the license applicant by the
Commission would not exceed that limit.
2. If the municipality does not have a governing body, a letter of support from the
municipality’s executive that includes:
a. The license applicant’s legal name under which they are registered to do business in
the State of New Jersey;
b. A determination that the municipality has authorized the type of cannabis business
license being sought by the license-applicant to operate within its jurisdiction; and
c. A confirmation that if the municipality has imposed a limit on the number of licensed
cannabis businesses, the issuance of a license to the license applicant by the
Commission would not exceed that limit.
A municipality may submit its preference(s) for the issuance of licenses to cannabis businesses
by writing to the Commission.
1. Such preference shall be sent in writing to the Commission within 28 calendar days
of receipt of an application and shall not conflict with any letter of support or
municipal resolution issued to a license applicant pursuant to N.J.A.C. 17:30-
7.10(b)(9), and: a. Shall include as attachments:
i. A letter of support or resolution that includes the license applicant’s legal
name under which they are registered to do business in the State of New
Jersey;
ii. A determination that the municipality has authorized the type of cannabis
business license being sought by the license-applicant to operate within its
jurisdiction; and
iii. A confirmation that if the municipality has imposed a limit on the number of
licensed cannabis businesses, the issuance of a license to the license
applicant by the Commission would not exceed that limit.
2. The Commission shall deem any letters of support or municipal resolutions issued to,
or on behalf of, a license applicant to be evidence of municipal preference, provided:
a. The letter of support or resolution includes the license applicant’s legal name
under which they are registered to do business in the State of New Jersey;
b. The letter of support or resolution includes the determination that the municipality
has authorized the type of cannabis business license being sought by the
license-applicant to operate within its jurisdiction; and
c. The letter of support or resolution includes a confirmation that, if the municipality
has imposed a limit on the number of licensed cannabis businesses, the
issuance of a license to the license applicant by the Commission would not
exceed that limit.
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )