{"id":232,"date":"2019-11-14T00:00:00","date_gmt":"2019-11-14T00:00:00","guid":{"rendered":"https:\/\/norrismclaughlin.com\/lg\/2019\/11\/14\/new-jersey-marijuana-waste-disposal-requirements-for-dispensaries-and-alternative-treatment-centers\/"},"modified":"2019-11-14T00:00:00","modified_gmt":"2019-11-14T00:00:00","slug":"new-jersey-marijuana-waste-disposal-requirements-for-dispensaries-and-alternative-treatment-centers","status":"publish","type":"post","link":"https:\/\/norrismclaughlin.com\/lg\/environmental\/new-jersey-marijuana-waste-disposal-requirements-for-dispensaries-and-alternative-treatment-centers\/","title":{"rendered":"New Jersey Marijuana Waste Disposal Requirements for Dispensaries and Alternative Treatment Centers"},"content":{"rendered":"

The New Jersey medicinal marijuana program continues to expand its list of qualifying conditions<\/a>.<\/p>\n

As more New Jersey residents become qualified for medical marijuana and more Alternative Treatment Centers (ATCs) open their doors across the Garden State, regulations for the disposal of waste from marijuana operations are being considered.<\/p>\n

NJDOH Regulations<\/strong><\/h2>\n

Regulations will be proposed by the newly created Cannabis Regulatory Commission, which will operate independently of the New Jersey Department of Health (NJDOH has been the state regulatory agency overseeing the New Jersey medical marijuana program) once its five members are seated.<\/p>\n

Fortunately, other states with more mature marijuana programs have been grappling with the waste disposal issue with the nascent industry. Presumably, similar to other highly regulated industries operating in New Jersey, proposed regulations for the marijuana industry will provide specific requirements and best practices for marijuana waste disposal.<\/p>\n

Thus far, the only released publication from New Jersey regulators to the industry with regard to marijuana waste disposal was referenced in the NJDOH\u2019s April 2019 rule adoption notice. In that rule adoption, the NJDOH responded to a comment that it \u201cshould allow [ATCs] to dispose of waste plant material by \u2026 means [other than] incineration [such as] composting, shredding[,] and mixing with soil to render unusable or allowing [a third-party] waste disposal company to take the waste.\u201d<\/p>\n

The NJDOH responded to this comment by saying that it issued guidance to the then ATCs in August 2018 providing that ATCs can shred and mix waste material to render it unusable and then dispose of it as solid waste. In obtaining a copy of this NJDOH \u201cguidance\u201d (which is actually dated October 2, 2018] (hereinafter referred to as the \u201cGuidance Letter\u201d) issued to \u201cAll New Jersey Licensed Alternative Treatment Centers (ATCs),\u201d the NJDOH noted that it consulted with the New Jersey Department of Environmental Protection (NJDEP) on this topic.<\/p>\n

The Guidance Letter<\/strong><\/h2>\n

The Guidance Letter is only applicable to waste that is comprised of \u201cunusable marijuana,\u201d which is defined as \u201cmarijuana seedlings, seeds, stems, stalks, or roots.\u201d And any material that falls under the definition of \u201cusable marijuana\u201d shall still be stored in a locked area until which time it can be escorted to an NJDEP permitted incinerator by Division of Medical Marijuana (within the NJDOH) staff and destroyed. Such materials include but are not limited to returned, recalled, out of date marijuana and packaged manufactured products (lozenges, oil, topicals, etc.). Moreover, the Guidance Letter notes that any waste that is considered hazardous under NJDEP regulations is not covered. Additionally, only extracted plant material that is free from hazardous materials \u2013 such as solvents \u2013 may be considered unusable marijuana and therefore covered by the Guidance Letter.<\/p>\n

The Guidance Letter further states that ATCs may dispose of their \u201cunusable marijuana\u201d waste as solid waste or compost it, provided they follow the procedures set forth in the Guidance Letter, as follows:<\/p>\n

In order to dispose of the \u201cunusable marijuana\u201d as solid waste or composting, ATCs shall first render it useless for diversion by:<\/p>\n