Bill Text: NJ S4287 | 2026-2027 | Regular Session | Introduced
Bill Title: Criminalizes certain sales of marijuana and vapor products.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-14 - Introduced in the Senate, Referred to Senate Judiciary Committee [S4287 Detail]
Download: New_Jersey-2026-S4287-Introduced.html
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Somerset and Union)
SYNOPSIS
Criminalizes certain sales of marijuana and vapor products.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of marijuana and vapor products and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. (1) Any person, who owns, operates, controls, manages or maintains a business concern that sells, offers for sale, or distributes for commercial purpose marijuana to any person shall be guilty of a crime of the third degree and, notwithstanding the provisions of N.J.S.2C:43-3, shall be subject to a fine of not less than $10,000 nor more than $50,000 and in the case of a partnership, joint venture, association, corporation, or any other legal entity, to a fine of not less than $100,000 nor more than $250,000 and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.
(2) Any person, except for a licensed vapor business or a licensed limited vapor product retailer authorized pursuant to P.L.2019, c.147 (C.54:40B-3.3 et al.) or an employee or agent of any such licensee acting within the scope of that licensee's authorization, who owns, operates, controls, manages or maintains a business concern that at retail sells, offers for sale, or distributes for commercial purpose, to any other person any vapor product shall be guilty of a crime of the third degree, and notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, shall be subject to a fine of not less than $10,000 nor more than $50,000; in the case of a partnership, joint venture, association, corporation, or any other legal entity, to a fine of not less than $100,000 nor more than $250,000; and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.
b. Any marijuana or vapor product possessed by or under the control of a person in violation of subsection a. of this section or which is located at a business concern that violates subsection a. of this section shall be declared to be prima facie contraband goods and shall be subject to forfeiture pursuant to the provisions of N.J.S.2C:64-1 et seq.
c. In addition to the criminal penalty authorized under subsection a. of this section, a business concern found to have committed more than two violations of subsection a. of this section within a two-year period shall be deemed a public nuisance. Notwithstanding any other provision of law to the contrary, a municipality shall have the power to impose restrictions on the operation, including closure, of any business concern determined to constitute a public nuisance pursuant to this subsection, which power shall be in addition to the authority provided under N.J.S.2C:33-12 and N.J.S.2C:33-12.1.
d. As used in this section:
"Business concern" means any corporation, association, firm, partnership, sole proprietorship, trust, or other form of commercial organization or enterprise.
"Marijuana" means the same as that term is defined in N.J.S.2C:35-2.
"Vapor product" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Vapor product" includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. "Vapor product" does not include any drug, device, or combination product approved by the federal Food and Drug Administration pursuant to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. s.301 et seq.
2. (New section) a. Any person who knowingly sells, offers for sale, distributes for commercial purpose at no cost or minimal cost or with coupons or rebate offers, gives or furnishes, to another person any vapor product that has a characterizing flavor or which is represented in any manner, by word or deed, including but not limited to labeling, as having a characterizing flavor, shall be guilty of a criminal offense.
b. (1) A violation of subsection a. of this section which involves a quantity of less than five packages or units of vapor products shall be a petty disorderly persons offense.
(2) A violation of subsection a. of this section which involves a quantity of five or more but less than 10 packages or units of vapor products shall be a disorderly persons offense.
(3) A violation of subsection a. of this section which involves a quantity of 10 or more but less than 100 packages or units of vapor products shall be a crime of the fourth degree, and notwithstanding the provisions of N.J.S.2C:43-3, shall be subject to a fine of not less than $1,000; in the case of a partnership, joint venture, association, corporation, or any other legal entity, to a fine of not less than $10,000; and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.
(4) A violation of subsection a. of this section which involves a quantity of 100 or more but less than 500 packages or units of vapor products shall be a crime of the third degree, and notwithstanding the provisions of N.J.S.2C:43-3 shall be subject to a fine of not less than $10,000; in the case of a partnership, joint venture, association, corporation, or any other legal entity, to a fine of not less than $100,000; and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.
(5) A violation of subsection a. of this section which involves a quantity of 500 or more packages or units of vapor products shall be a crime of the second degree, and notwithstanding the provisions of N.J.S.2C:43-3 shall be subject to a fine of not less than $50,000; in the case of a partnership, joint venture, association, corporation, or any other legal entity, to a fine of not less than $250,000; and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.
c. Any vapor product possessed by a person in violation of subsection a. of this section shall be declared to be prima facie contraband goods and shall be subject to forfeiture pursuant to the provisions of N.J.S.2C:64-1 et seq.
d. In addition to the criminal penalty authorized under subsection a. of this section, a business concern found to have committed more than two violations of subsection a. of this section within a two-year period shall be deemed a public nuisance. Notwithstanding any other provision of law to the contrary, a municipality shall have the power to impose restrictions on the operation, including closure, of any business determined to constitute a public nuisance pursuant to this subsection, which power shall be in addition to the authority provided under N.J.S.2C:33-12 and N.J.S.2C:33-12.1.
e. As used in this act:
"Business concern" means any corporation, association, firm, partnership, sole proprietorship, trust or other form of commercial organization or enterprise.
"Characterizing flavor" means a distinguishable flavor, taste, or aroma other than tobacco, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, wintergreen, or spice flavoring, that is imparted, prior to or during consumption, by a vapor product, including any smoke or vapor emanating from that product. A vapor product shall be deemed to have a characterizing flavor if the product is advertised or marketed as having or producing any such distinguishable flavor, taste, or aroma.
"Label" means a display of written, printed, or graphic matter upon the immediate container, wrapper, or packaging of any vapor product.
"Labeling" means all labels and other written, printed or graphic matter (1) upon a vapor product or any of its containers, wrappers, or packaging, or (2) accompanying such vapor product.
"Vapor product" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Vapor product" includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. "Vapor product" does not include any drug, device, or combination product approved by the federal Food and Drug Administration pursuant to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. s.301 et seq.
3. N.J.S.2C:41-1 is amended to read as follows:
2C:41-1. For purposes of this section and N.J.S.2C:41-2 through N.J.S.2C:41-6:
a. "Racketeering activity" means (1) any of the following crimes which are crimes under the laws of New Jersey or are equivalent crimes under the laws of any other jurisdiction:
(a) murder
(b) kidnapping
(c) gambling
(d) promoting prostitution
(e) obscenity
(f) robbery
(g) bribery
(h) extortion
(i) criminal usury
(j) violations of Title 33 of the Revised Statutes
(k) violations of Title 54A of the New Jersey Statutes and Title 54 of the Revised Statutes
(l) arson
(m) burglary
(n) theft and all crimes defined in chapter 20 of Title 2C of the New Jersey Statutes
(o) forgery and fraudulent practices and all crimes defined in chapter 21 of Title 2C of the New Jersey Statutes
(p) fraud in the offering, sale or purchase of securities
(q) alteration of motor vehicle identification numbers
(r) unlawful manufacture, purchase, use or transfer of firearms
(s) unlawful possession or use of destructive devices or explosives
(t) violation of sections 112 through 116 inclusive of the "Casino Control Act," P.L.1977, c.110 (C.5:12-112 through 5:12-116)
(u) violation of N.J.S.2C:35-4, N.J.S.2C:35-5 or N.J.S.2C:35-6 and all crimes involving illegal distribution of a controlled dangerous substance or controlled substance analog, except possession of less than one ounce of marijuana
(v) violation of subsection b. of N.J.S.2C:24-4 except for subparagraph (b) of paragraph (5) of subsection b.
(w) violation of section 1 of P.L.1995, c.405 (C.2C:39-16), leader of firearms trafficking network
(x) violation of section 1 of P.L.1983, c.229 (C.2C:39-14), weapons training for illegal activities
(y) violation of section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism
(z) violation of section 1 of P.L.2005, c.77 (C.2C:13-8), human trafficking
(aa) violation of N.J.S.2C:12-1 requiring purposeful or knowing conduct
(bb) violation of N.J.S.2C:12-3, terroristic threats
(cc) violation of section 1 of P.L.2015, c.85 (C.2C:33-31), dog fighting
(dd) violation of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), unlicensed marijuana or vapor product retail sales business
(ee) second degree violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), unlawful sale of flavored vapor products.
(2) any conduct defined as "racketeering activity" under Title 18, U.S.C.s.1961(1)(A), (B) and (D).
b. "Person" includes any individual or entity or enterprise as defined herein holding or capable of holding a legal or beneficial interest in property.
c. "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business or charitable trust, association, or other legal entity, any union or group of individuals associated in fact although not a legal entity, and it includes illicit as well as licit enterprises and governmental as well as other entities.
d. "Pattern of racketeering activity" requires:
(1) Engaging in at least two incidents of racketeering conduct one of which shall have occurred after the effective date of this act and the last of which shall have occurred within 10 years (excluding any period of imprisonment) after a prior incident of racketeering activity; and
(2) A showing that the incidents of racketeering activity embrace criminal conduct that has either the same or similar purposes, results, participants or victims or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents.
e. "Unlawful debt" means a debt:
(1) Which was incurred or contracted in gambling activity which was in violation of the law of the United States, a state or political subdivision thereof; or
(2) Which is unenforceable under state or federal law in whole or in part as to principal or interest because of the laws relating to usury.
f. "Documentary material" includes any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic or recording or video tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into useable form or other tangible item.
g. "Attorney General" includes the Attorney General of New Jersey, his assistants and deputies. The term shall also include a county prosecutor or his designated assistant prosecutor if a county prosecutor is expressly authorized in writing by the Attorney General to carry out the powers conferred on the Attorney General by this chapter.
h. "Trade or commerce" shall include all economic activity involving or relating to any commodity or service.
(cf: P.L.2015, c.85, s.3.
4. N.J.S.2C:64-1 is amended to read as follows:
2C:64-1. Property Subject to Forfeiture.
a. Any interest in the following shall be subject to forfeiture and no property right shall exist in them:
(1) Controlled dangerous substances; firearms which are unlawfully possessed, carried, acquired or used; illegally possessed gambling devices; untaxed or otherwise contraband cigarettes or tobacco products; unlawfully possessed container e-liquid or vapor product; untaxed special fuel; unlawful sound recordings and audiovisual works; and items bearing a counterfeit mark. These shall be designated prima facie contraband.
(2) All property which has been, or is intended to be, utilized in furtherance of an unlawful activity, including, but not limited to, conveyances intended to facilitate the perpetration of illegal acts, or buildings or premises maintained for the purpose of committing offenses against the State.
(3) Property which has become or is intended to become an integral part of illegal activity, including, but not limited to, money which is earmarked for use as financing for an illegal gambling enterprise.
(4) Proceeds of illegal activities, including, but not limited to, property or money obtained as a result of the sale of prima facie contraband as defined by subsection a. (1), proceeds of illegal gambling, prostitution, bribery and extortion.
(5) An all-terrain vehicle or dirt bike which has been operated on a public street, highway, or right-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) in a municipality that has passed an ordinance declaring that such all-terrain vehicles or dirt bikes so operated pose an immediate threat to the public health, safety, or welfare and designating such vehicles as contraband as authorized by subsection e. of section 1 of P.L.2019, c.505 (C.39:3C-35).
b. Any article subject to forfeiture under this chapter may be seized by the State or any law enforcement officer as evidence pending a criminal prosecution pursuant to N.J.S.2C:64-4 or, when no criminal proceeding is instituted, upon process issued by any court of competent jurisdiction over the property, except that seizure without such process may be made when not inconsistent with the Constitution of this State or the United States, and when
(1) The article is prima facie contraband; or
(2) The property subject to seizure poses an immediate threat to the public health, safety or welfare.
c. For the purposes of this section:
"Items bearing a counterfeit mark" means items bearing a counterfeit mark as defined in section 1 of P.L.1997, c.57 (C.2C:21-32).
"Unlawful sound recordings and audiovisual works" means sound recordings and audiovisual works as those terms are defined in section 1 of P.L.1991, c.125 (C.2C:21-21) which were produced in violation of section 1 of P.L.1991, c.125 (C.2C:21-21).
"Unlawfully possessed container e-liquid" means container e-liquid as defined in section 2 of P.L.1990, c.39 (C.54:40B-2) that is possessed for retail sale by a person that is not licensed as a vapor business pursuant to section 4 of P.L.2019, c.147 (C.54:40B-3.3).
"Untaxed special fuel" means diesel fuel, No. 2 fuel oil and kerosene on which the motor fuel tax imposed pursuant to R.S.54:39-1 et seq. is not paid that is delivered, possessed, sold or transferred in this State in a manner not authorized pursuant to R.S.54:39-1 et seq. or P.L.1938, c.163 (C.56:6-1 et seq.).
"Vapor product" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Vapor product" includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. "Vapor product" does not include any drug, device, or combination product approved by the federal Food and Drug Administration pursuant to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. s.301 et seq.
(cf: P.L.2021, c.353, s.2)
5. Section 2 of P.L.1990, c.39 (C.54:40B-2) is amended to read as follows:
2. As used in sections 2 through 14 and section 20 of P.L.1990, c.39 (C.54:40B-1 et seq.):
"Consumer" means a person except a distributor, manufacturer, or wholesaler who acquires a tobacco product for consumption, storage, or use in this State;
"Container e-liquid" means a container of liquid nicotine or other liquid where the liquid is marketed, sold, or intended for use in an electronic smoking device, but does not include a prefilled cartridge or other container where the cartridge or container is marketed, sold, or intended for use as, or as a part of, an electronic smoking device;
"Director" means the Director of the Division of Taxation in the Department of the Treasury;
"Distributor" means:
a person engaged in the business of selling tobacco products in this State who brings, or causes to be brought into this State from without the State a tobacco product for sale within this State,
a person who makes or manufactures tobacco products in this State for sale in the State,
a person engaged in the business of selling tobacco products without this State who ships or transports tobacco products to a person in this State to be sold to a retail dealer, or
a person who receives tobacco products without receiving proof that the tax has been or will be paid by another distributor;
"Dry snuff" means any finely cut, ground, or powdered smokeless tobacco that is intended to be sniffed through the nasal cavity, but does not include moist snuff;
"Electronic smoking device" means a nonlighted, noncombustible device that may be used to simulate smoking and that employs a mechanical heating element, battery, or circuit, regardless of shape or size, to produce aerosolized or vaporized nicotine or other substance for inhalation into the body of a person, including but not limited to a device that is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other similar product with any other product name or descriptor;
"Limited vapor product retailer" means a retail business engaged in this State in the business of selling any vapor product at retail but does not include a retail business that sells container e-liquid;
"Liquid nicotine" means any solution containing nicotine that is designed or sold for use with an electronic smoking device;
"Manufacturer" means a person, wherever resident or located, who manufactures or produces, or causes to be manufactured or produced, a tobacco product and sells, uses, stores, or distributes the product regardless of whether it is intended for sale, use, or distribution within or without this State;
"Moist snuff" means any finely cut, ground, or powdered smokeless tobacco that is intended to be placed or dipped in the oral cavity, but does not include dry snuff;
"Person" means an individual, firm, corporation, copartnership, joint venture, association, receiver, trustee, guardian, executor, administrator, or any other person acting in a fiduciary capacity, or an estate, trust, or group or combination acting as a unit, the State Government and any political subdivision thereof, and the plural as well as the singular, unless the intention to give a more limited meaning is disclosed by the context;
"Place of business" means a place where a tobacco product is sold or where a tobacco product is brought or kept for the purpose of sale or consumption, including so far as may be applicable a vessel, vehicle, airplane, train or vending machine;
"Retail dealer" means a person who is engaged in this State in the business of selling any tobacco product at retail. A person placing a tobacco product vending machine at, or on any premises shall be deemed to be a retail dealer for each vending machine;
"Sale" means any sale, transfer, exchange, barter, or gift, in any manner or by any means whatsoever;
"Tobacco product" means any product containing, made, or derived from any tobacco, nicotine, or other chemicals or substances for consumption by a person, including, but not limited to, cigars, little cigars, cigarillos, chewing tobacco, pipe tobacco, smoking tobacco and their substitutes, dry and moist snuff, and liquid nicotine, but does not include cigarette as defined in section 102 of the "Cigarette Tax Act," P.L.1948, c.65 (C.54:40A-1 et seq.);
"Treasurer" means the State Treasurer;
"Use" means the exercise of any right or power incidental to the ownership of a tobacco product, including a sale at retail;
"Vapor business" means a retail business where more than 50 percent of its retail sales are derived from electronic smoking devices, related accessories, and liquid nicotine, but does not include a retail business that does not sell container e-liquid;
"Vapor product" means any electronic smoking device or any other device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Vapor product" includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. "Vapor product" does not include container e-liquid or any drug, device, or combination product approved by the federal Food and Drug Administration pursuant to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. s.301 et seq.
"Wholesale price" means the actual price for which a manufacturer sells tobacco products to a distributor; and
"Wholesaler" means a person, wherever resident or located, other than a distributor as defined herein, who:
a. purchases tobacco products from any other person who purchases from the manufacturer and who acquires tobacco products solely for the purpose of bona fide resale to retail dealers or to other persons for the purposes of resale only; or
b. services retail outlets by the maintenance of an established place of business for the purchase of tobacco products including, but not limited to, the maintenance of warehousing facilities for the storage and distribution of tobacco products.
(cf: P.L.2019, c.147, s.2)
6. Section 4 of P.L.2019, c.147 (C.54:40B-3.3) is amended to read as follows:
4. a. (1) After the effective date of P.L.2019, c.147 (C.54:40B-3.3 et al.), container e-liquid shall not be sold at retail in the State except by a licensed vapor business.
(2) After the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), vapor products shall not be sold at retail in the State except by a licensed vapor business or a licensed limited vapor product retailer. A licensed vapor product business shall not be required to be licensed as a limited vapor product retailer in order to sell vapor products at retail in the State.
b. Vapor business licenses and limited vapor product retailer licenses shall be issued by the director, who shall make rules and regulations respecting application and issuance. Each such license shall lapse on March 31 of the period for which it is issued, and each such license shall be continued annually upon the conditions that the licensee shall have paid the required fee and complied with the provisions of P.L.2019, c.147 (C.54:40B-3.3 et al.) and the rules and regulations of the director made pursuant thereto.
If a vapor business sells or intends to sell container e-liquid, vapor products, or both, or if a limited vapor product retailer sells or intends to sell vapor products, at two or more places of business, whether established or temporary, or whether in the same building or not, a separate license shall be required for each place of business. Each license, or certificate thereof, and such other evidence of license shall be exhibited in the place of business for which it is issued and in such manner as may be prescribed by the director.
No license shall be issued to any person except upon the payment of a $50 fee. No license shall be assignable or transferable, but in the case of death, bankruptcy, receivership, or incompetency of the licensee, or if, for any other reason whatsoever, the business of the licensee shall devolve upon another by operation of law, the director may, in the director's discretion, extend said license for a limited time to the executor, administrator, trustee, receiver, or person upon whom the same has devolved.
The director shall require an applicant for a vapor business license[,] or a limited vapor product retailer license to include on the application the address of the place of business where the container e-liquid or vapor products, or both, will be sold. If the place of business is moved to a different address than that provided on the license application, the licensee shall notify the director within 30 days of the change of address.
c. The director may, upon notice and after hearing, suspend or revoke the license or all licenses under this section issued to any person who violates any of the provisions of P.L.2019, c.147 (C.54:40B-3.3 et al.), or who, after being issued a license becomes disqualified for licensure pursuant to P.L.2019, c.147 (C.54:40B-3.3 et al.) or of any rule or regulation of the director made pursuant thereto or if the licensee has ceased to act in the capacity for which the license was issued or for other good cause. No person whose license has been suspended or revoked shall sell container e-liquid or vapor products or permit container e-liquid or vapor products to be sold during the period of such suspension or revocation on the premises occupied by that person or upon other premises controlled by that person or others, or in any other manner or form whatever. No disciplinary proceeding or action shall be barred or abated by the expiration, transfer, surrender, continuance, renewal, or extension of a license issued under the provisions of P.L.2019, c.147 (C.54:40B-3.3 et al.).
(cf: P.L.2019, c.147, s.4)
7. Section 9 of P.L.2019, c.147 (C.54:40B-3.8) is amended to read as follows:
9. a. All container e-liquid or vapor products possessed for retail sale by a person that is not licensed as a vapor business or a limited vapor product retailer pursuant to section 4 of P.L.2019, c.147 (C.54:40B-3.3) are declared to be prima facie contraband goods and may be seized by the director, the director's agents or employees, or by any peace officer of this State, when so ordered by the director, without a warrant.
b. The director may direct the return of any unlawfully possessed container e-liquid or vapor product upon reasonable belief that the owner has not willfully or intentionally evaded any licensing requirement imposed by P.L.2019, c.147 (C.54:40B-3.3 et al.).
c. The director may authorize the use for law enforcement purposes the use of any container e-liquid or vapor product forfeited in accordance with this section.
d. The seizure of any unlawfully possessed container e-liquid or vapor product shall not relieve any person from a fine, imprisonment or other penalty for violation of any of the provisions of P.L.2019, c.147 (C.54:40B-3.3 et al.). The director, the director's agents, employees, and any peace officer of this State, when directed so to do, shall not in any way be responsible in any court for the seizure or the confiscation of any unlawfully possessed container e-liquid or vapor product.
(cf: P.L.2019, c.147, s.9)
8. Section 11 of P.L.2019, c.147 (C.54:40B-3.9) is amended to read as follows:
11. In addition to the license required by section 4 of P.L.2019, c.147 (C.54:40B-3.3), a municipality may adopt an ordinance concerning the licensure and regulation of a vapor business or limited vapor product retailer. Nothing in P.L.2019, c.147 (C.54:40B-3.3 et al.) shall be construed to preempt the provisions of any existing or new municipal ordinance concerning the licensure and regulation of a vapor business or limited vapor product retailer.
(cf: P.L.2019, c.147, s.11)
9. This act shall take effect immediately, except that paragraph (2) of subsection a. of section 1 and sections 5 through 7 shall be inoperative until 180 days thereafter, except the Director of the Division of Taxation may take anticipatory administrative action necessary to implement this act.
STATEMENT
This bill criminalizes certain sales of marijuana and vapor products.
Under the bill, any person, who owns, operates, controls, manages or maintains a business concern that sells, offers for sale, or distributes for commercial purpose marijuana to any person without a license is to be guilty of a crime of the third degree and subject to a fine of not less than $10,000 nor more than $50,000 and in the case of a partnership, joint venture, association, corporation, or any other legal entity, to a fine of not less than $100,000 nor more than $250,000. The bill defines "business concern" to mean any corporation, association, firm, partnership, sole proprietorship, trust, or other form of commercial organization or enterprise.
The bill provides that any person, except for a licensed vapor business or a licensed limited vapor product retailer authorized pursuant or an employee or agent of any such licensee acting within the scope of that licensee's authorization, who owns, operates, controls, manages or maintains a business concern that at retail sells, offers for sale, or distributes for commercial purpose, to any other person any vapor product is to be guilty of a crime of the third degree, and subject to a fine of not less than $10,000 nor more than $50,000; and in the case of a partnership, joint venture, association, corporation, or any other legal entity, to a fine of not less than $100,000 nor more than $250,000.
The bill provides that any person who knowingly sells, offers for sale, distributes for commercial purpose at no cost or minimal cost or with coupons or rebate offers, gives or furnishes, to another person any vapor product that has a characterizing flavor, or which is represented in any manner, by word or deed, including but not limited to labeling, as having a characterizing flavor is to be guilty of a criminal offense according to the schedule provided for in the bill, which ranges from a petty disorderly persons offense for a violation involving a quantity of less than five packages or units of vapor products, to a crime of the second degree for a violation involving a quantity of 500 or more packages or units of vapor products.
The bill defines "characterizing flavor" to mean a distinguishable flavor, taste, or aroma other than tobacco, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, wintergreen, or spice flavoring, that is imparted, prior to or during consumption, by a vapor product, including any smoke or vapor emanating from that product. A vapor product is to be deemed to have a characterizing flavor if the product is advertised or marketed as having or producing any such distinguishable flavor, taste, or aroma.
Products sold in violation of the bill's provisions are to be declared to be prima facie contraband goods and may be seized without a warrant. In addition to the criminal penalties authorized under the bill, a business concern found to have committed more than two violations of sections 1 or 2 of the bill within a two-year period is to be deemed a public nuisance, which is to provide the municipality in which the business concern is located the power to impose restrictions on the operation, including closure, of the business.
