MENU Close
Close
  • Home
  • Services
  • Attorneys
  • Resources
  • News & Events
  • About Us
  • Contact Us
  • Join our Team
Search
Back
    Quick Links:
    Join Webinar
    Read News
    Our Location
    A
    Alternative Dispute ResolutionAntitrust & Trade RegulationAppellate Practice
    B
    Banking & Financial ServicesBankruptcy, Creditors’ Rights, and Financial RestructuringBeer LawBusiness Law
    C
    Cannabis LawConstruction LawCriminal Defense
    E
    Economic Development LawElder Care & Special Needs LawElectronic Discovery ("E-Discovery")Environmental LawEstate Planning and Administration & Wealth PreservationExecutive Compensation, Employment, ERISA, and Employee Benefits
    F
    Food, Beverage & HospitalityFranchise Law
    H
    Health Care & Life SciencesHealth Care ProvidersHigher EducationHospitals and Health Networks
    I
    ImmigrationInsurance CoverageIntellectual PropertyIntellectual Property Litigation, Arbitration, and Dispute ResolutionIntellectual Property Portfolio Strategy, Management & LicensingInternational BusinessInternet Law
    L
    Labor & EmploymentLiquor Law, Licensing, Manufacturing, and DistributionLitigation
    M
    Media LawMergers & AcquisitionsMunicipal Law
    N
    Non-Profit Law
    P
    Patent Preparation and ProsecutionPharmaceutical / Medical Devices / Pharma ServicesProducts and Consumer Liability DefenseProfessional LiabilityPublic Utilities
    R
    Real Estate, Finance, and Land Use
    S
    SecuritiesSolar Energy
    T
    TaxationTelecommunicationsTrademark & Copyright Protection & Enforcement
    V
    Venture Tech & Emerging Growth Companies
    W
    White Collar Investigations & DefenseWorkers’ Compensation
    • New Jersey
    • New York
    • Pennsylvania
    • Blogs
    • Articles
    • Podcasts
    • COVID-19 Resources
    • News
    • Events
    • Webinars
    • About Us
    • Delivering Value
    • Diversity & Inclusion
    • Meritas

    New Jersey

    400 Crossing Boulevard
    8th Floor
    Bridgewater, NJ 08807
    Phone:(908) 722-0700
    Fax:(908) 722-0755

    28 Valley Road
    Suite 1
    Montclair, NJ 07042

    New York

    7 Times Square
    21st Floor
    New York City, NY 10036
    Phone:(212) 808-0700
    Fax:(212) 808-0844

    Pennsylvania

    515 West Hamilton Street
    Suite 502
    Allentown, PA 18101
    Phone:(610) 391-1800
    Fax:(610) 391-1805

    • What sets us apart
    • Attorneys
    • Other Professionals
    • Professional Development
    • Non-Discrimination Policy

    Categories

    Banking Compliance Environmental Food, Beverage & Hospitality General Business Health Care In The News Insurance Labor & Employment Laws Legislation Patents Real Estate Regulatory Tax Trademarks
    Blogs > Legally Grown > New Jersey Marijuana Social Lounges
    Member
    William J. Beneduce
    Visit Profile

    New Jersey Marijuana Social Lounges

    New Jersey Marijuana Social Lounges

    So, you’re considering applying for a marijuana retail license after the recreational adult use law is passed in New Jersey. The current version of Senate Bill No. 2703 (August 30, 2018) has several conditions that an applicant for a marijuana retail license must meet in order to have any chance of its application being approved. Of course, until the bill is actually signed into law and regulations are adopted by the regulatory agency for the recreational use marijuana industry (identified as the State “commission”), all of the conditions in the bill are not set in stone.

    One interesting highlight of the current draft bill is that it will allow marijuana retailers the opportunity to offer a social space for patrons to consume marijuana – i.e. a “marijuana consumption area” (MCA). An MCA is defined as any area of a premises where an endorsement issued as part of the adult use law permits on-premises smoking or otherwise consuming marijuana. The area must be enclosed by solid walls or windows, a ceiling, and a solid door, and be equipped with a ventilation system that is exhausted separately from the nonsmoking areas so that air from the smoking areas is not recirculated to the nonsmoking areas, and smoke is not backstreamed into the nonsmoking areas.

    Under the MCA section of the bill, a local governmental entity may authorize the operation of an MCA for the personal use, medical use, or both personal use and medical use of marijuana within its jurisdiction through the enactment of an ordinance. Notably, the MCA section of the bill also states that a local governmental entity cannot allow an MCA to be located within 1,000 feet of a boundary with an adjoining jurisdiction that does not permit retail marijuana establishments within its boundaries.  The MCA must be “physically separate” from the retail premises, but in the same local jurisdiction. Moreover, the MCA must ensure that the display and consumption of any marijuana is not visible from outside of the establishment. Thus, MCAs may appear from the outside like a pornography retail store or a strip bar.

    In order to operate an MCA under a retail license, the license holder must also apply for an “endorsement” from the state commission and the local governmental entity where its retail establishment would operate. The retail license holder is prohibited from operating an MCA without state and local approval.

    Under the current draft bill, the MCA endorsement from the local governmental entity is valid for one year and may be renewed annually upon the renewal of the marijuana retail license or the medical marijuana dispensary’s permit.

    So what can patrons and operators do within an MCA? The draft bill allows the following activities:

    • a person can bring medical or retail marijuana, medical or retail marijuana concentrate, and medical marijuana-infused product, or a retail marijuana product into an MCA; or
    • distribution in the establishment of free samples of medical or retail marijuana, medical or retail marijuana concentrate, medical marijuana-infused products.

    You will not, however, be able to buy a beer and a pack of cigarettes with your marijuana products. An MCA and its employees would not be permitted sell alcohol, including fermented malt beverages or malt, vinous or spirituous liquor, sell tobacco or nicotine products, or allow the consumption of alcohol or tobacco or nicotine products on premises, or operate as a retail food establishment. On-duty employees of the MCA are also prohibited establishment to consume any medical or retail marijuana, medical or retail marijuana concentrate, medical marijuana-infused products, or retail marijuana products in the establishment.

    In addition, there are strict measures relating to sales limits, and taking your unused marijuana products home with you when it is closing time. The patron may leave the establishment with product that he or she does not consume only if, prior to leaving the premises, the product is packaged and labeled to the requirements of the law. And when a patron leaves the MCA, the establishment must destroy any remaining unconsumed retail marijuana, retail marijuana concentrate, retail marijuana products, or medical marijuana that are not taken by the patron.

    Through the introduction of MCAs, the recreational marijuana bill would allow for adults 21 years of age and older to consume marijuana in places outside their home. Although this approach would create more social opportunities with marijuana use, it would also cause concerns with driver safety. In light of the driver safety concerns, one can certainly foresee local governmental entities opposing MCAs. Thus, MCA endorsements by local governmental entities will be very valuable to a marijuana retail establishment.

    If you have any questions about this post or any other related matters, please contact me at wjbeneduce@norris-law.com.

    Member
    William J. Beneduce
    Visit Profile

    Related Posts

    Delta-What??!!- Delta-8 and Delta-9 Create High Anxiety for Policymakers Cannabis Lounges Coming to New Jersey Marijuana Social Lounges Are Coming to a New Jersey Town Near You

    Share

    Tags

    #cannabis law #draft bill #marijuana consumption area #marijuana law #marijuana prodocuts #marijuana retail license #MCA #recreational marijuana bill #Senate Bill

    Similar Posts

    September 7, 2023
    Seeing Green: Clearing the Haze of Pennsylvania's Trailblazing Bill on Recreational Cannabis
    Seeing Green: Clearing the Haze of Pennsylvania's Trailblazing Bill on Recreational Cannabis
    August 28, 2023
    “High” Crimes and Misdemeanors: Arrest of PA for Possession of Delta-8 THC
    “High” Crimes and Misdemeanors: Arrest of PA for Possession of Delta-8 THC
    April 28, 2023
    New Jersey Regulators Reverse and Renew Curaleaf’s License with Conditions
    New Jersey Regulators Reverse and Renew Curaleaf’s License with Conditions

    Helpful links

    • About Us
    • News
    • Services
    • Blogs
    • Attorneys
    • Articles
    • (COVID-19)
    • Events
    • Join our Team
    Connect

    Connect with Us

    • LinkedIn
    • Facebook
    • Twitter
    • Instagram
    • Youtube

    Join our growing team

    We are looking for quality attorneys to help us do more for our clients. At Norris McLaughlin, each attorney has the same opportunity to succeed whether you’re at the beginning of a career or pinnacle of the profession.

    Learn More

    Subscribe to our content

    Receive timely legal information delivered to your inbox

    This field is for validation purposes and should be left unchanged.
    © , Norris McLaughlin, P.A., All Rights Reserved. Attorney Advertising.
    VIEW OUR DISCLAIMER,  TERMS OF USE,  AND PRIVACY POLICY

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume you consent to our cookie policy. Learn more