2C:35-10i Enforcement, sale regulations, intoxicating hemp beverage, cannabis item, cannabis product.
583 words·~3 min read·
/nj/title-2c/chapter-35/2c-35-10i·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
9. a. The provisions of P.L.2025, c.215 (C.2C:35-10f et al.), may be enforced by State and local law enforcement agencies, State and local health and consumer protection agencies, the Division of Consumer Affairs in the Department of Law and Public Safety, and the Cannabis Regulatory Commission established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24).
b. An official authorized by statute or ordinance to enforce the provisions of P.L.2025, c.215 (C.2C:35-10f et al.), the State or local health codes or consumer protection laws, or a law enforcement officer having enforcement authority in that municipality, may issue a summons for a violation of the provisions of P.L.2025, c.215 (C.2C:35-10f et al.), and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court.
c. A law enforcement officer, local health official, or other government official from an agency authorized to enforce this section may confiscate any intoxicating hemp beverage, cannabis item, cannabis product or other substance or product that is sold, offered for sale, or distributed in violation of P.L.2025, c.215 (C.2C:35-10f et al.). In addition, the Division of Alcoholic Beverage Control in the Department of Law and Public Safety may confiscate any intoxicating hemp beverage that is sold, offered for sale, or distributed in violation of P.L.2025, c.215 (C.2C:35-10f et al.) in accordance with the division’s authority pursuant to Title 33 of the Revised Statutes, including, but not limited to, R.S.33:1-66.
d. A penalty recovered under the provisions of this section shall be recovered by and in the name of the State by the local health or consumer protection agency or other authorized government entity, which shall include, but not be limited to, the Division of Consumer Affairs in the Department of Law and Public Safety and the Cannabis Regulatory Commission established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24). With respect to an enforcement action brought by a government entity, any monetary penalty collected pursuant to P.L.2025, c.215 (C.2C:35-10f et al.) shall be deposited in the special nonlapsing fund known as the “Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Fund,” established pursuant to section 41 of P.L.2021, c.16 (C.24:6I-50).
With respect to an enforcement action brought by a municipal official, half of any monetary penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality, and half shall be deposited in the special nonlapsing fund known as the “Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Fund,” established pursuant to section 41 of P.L.2021, c.16 (C.24:6I-50). Nothing in this section shall be construed to preclude the Division of Alcoholic Beverage Control from pursuing enforcement actions in accordance with R.S.33:1-66.
e. In addition to the civil penalties authorized under subsection d. of section 8 of P.L.2025, c.215 (C.2C:35-10f), a business found to have committed more than two violations of P.L.2025, c.215 (C.2C:35-10f et al.) or found to have committed a third or subsequent violation at any individual location within one year shall be deemed a public nuisance. Notwithstanding any other provision of law, 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.
f. The provisions of P.L.2025, c.215 (C.2C:35-10f et al.) shall not be construed to impose liability on news media that accept or publish, or both, advertising for products or services that fall within the scope of P.L.2025, c.215 (C.2C:35-10f et al.).
L.2025, c.215, s.9.