SENATE JUDICIARY COMMITTEE

STATEMENT TO

SENATE, No. 4847

with committee amendments

STATE OF NEW JERSEY

DATED:  DECEMBER 1, 2025

      The Senate Judiciary Committee reports favorably and with committee amendments Senate Bill No. 4847.

      This bill removes certain prohibitions imposed on the commissioners of the Cannabis Regulatory Commission and makes various reforms concerning the legalized medical and personal use cannabis marketplace.

      Under the bill, a commissioner who holds local elected office may campaign and fundraise for such office in the election year for that office.  Under current law, a commissioner is required to devote the member’s entire time and attention to the commissioner’s duties.  Pursuant to P.L.2025, c.86, a member may hold local elected office, provided that, in the judgment of the State Ethics Commission and Local Finance Board of the Department of Community Affairs, such office or employment will not interfere with the member's responsibilities to the commission, and will not create a conflict of interest, or reasonable risk of the public perception of a conflict of interest, on the part of the member.  This bill clarifies that such local elected official may take an active part in a campaign, including fundraising for reelection of the local elected office.  As amended, a member of the commission who is seeking to concurrently hold local elected office is prohibited from accepting donations from any person or entity which holds an ownership interest in a cannabis business and precludes any person with ownership interest from donating to the campaign of a commission member seeking local elected office.

      The bill permits a member of the commission and the executive director or any other employee of the commission, following written notice by a member or the executive director to the chair, to attend a political event in the member’s, director’s, or employee’s official capacity.

      The bill removes the limitation that commission members, the executive director, and employees are prohibited from meeting or discussing with any person any issues involving any pending or proposed application or any matter whatsoever which may reasonably be expected to come before the commission.  Under the bill, such meetings or discussions may occur upon the commission’s business premises or any other location designated by the commission.

      The bill increases the salary of the members of the commission to $160,000, the chair of the commission to $165,000, and the executive director of the commission to $165,000.  The bill also establishes that a majority of the authorized members of the commission designate the chair of the commission.  Under current law, the Governor designates the chair of the commission.

      The bill also permits an immediate family member of any State officer or employee to hold, directly or indirectly, an interest in medical or adult-use cannabis entities only if , in the judgment of the State Ethics Commission, the Joint Legislative Committee on Ethical Standards, or the Supreme Court, as appropriate, such employment will not interfere with the responsibilities of the State officer or employee, or person, and will not create a conflict of interest, or reasonable risk of the public perception of a conflict of interest, on the part of the State officer or employee, or person.

      The amended bill changes the definition of “person” under  section 4 of P.L.1981, c.142 (C.52:13D-17.2), regarding conflicts of interest matters, to provide that “person” does not mean any State officer or employee subject to financial disclosure by law or executive order, nor any members of the Cannabis Regulatory Commission, meaning they would fall outside certain restrictions imposed upon “persons” under the law regarding cannabis activities.  Moreover, the bill as amended permits a special State officer or employee, or any member of the immediate family to hold, directly or indirectly, an interest in various medical and personal use cannabis business entities and similarly, to hold employment with cannabis related entities.  Finally, the amended bill permits a special State officer or employee, or any member of the immediate family, without matters affecting medical cannabis or personal use cannabis activity, to obtain employment with such businesses within two years subsequent to the termination of the office or employment of such person.

      As amended, the bill modifies CREAMMA as it relates to Workplace Impairment Recognition Experts (WIRE).  The bill renames WIRE to “Workplace Impairment Recognition Evaluator,” shifts certain certification authority from the Police Training Commission to the Department of Labor and Workplace Development, and finally, requires the commission to issue a certification to a person upon completion of necessary courses. 

      As amended, the bill clarifies that the definition “ownership interest” applies only to present rights to ownership or equity interest in an entity, but not a future right.  Moreover, the amendments clarify that an alternative treatment center (ATC) that was expanded to the adult-use market pays the identical fee applicable to the relevant adult-use license renewal fee.  The amendments establish that an applicant seeking a minority-owned, women-owned, or disabled-veteran owned certification may reference an investor, the members of an investor group, or fund in order to meet certification requirements.  The amendments also establish that once certified, an entity maintains its certification in the event of a default or failure of a certified individual.

      Finally, the bill requires the New Jersey State Police (NJSP) to develop and implement an enforcement program to identify, investigate, and initiate enforcement actions against unlicensed businesses selling cannabis or cannabis items.  The NJSP or a local law enforcement agency is permitted to take steps to close such businesses, seize any cannabis sold by the unlicensed business, and refer the matter for criminal prosecution.  In addition, an unlicensed business may be deemed a public nuisance subject to abatement under State and municipal law.

      The committee amendments to the bill:

      - eliminate the current two-year post-employment prohibition on employment with a cannabis-related business or applicant for such business for special State officers and employees who do not have responsibilities for any cannabis matters and for their immediate family members as well;

      - change the definition of “person” in the “New Jersey Conflicts of Interest Law,” P.L.1971, c.182 (C.52:13D-12 et seq.), to provide that “person” does not mean any State officer or employee subject to financial disclosure by law or executive order, nor any members of the Cannabis Regulatory Commission, meaning they would fall outside certain restrictions imposed upon “persons” under the law regarding cannabis activities;

      - permit cannabis ownership interest and employment for Special state officers and employees and the immediate family members of such persons who have no responsibility for cannabis matters;

      - remove provisions that would have permitted existing medical cannabis dispensaries the ability to use their existing premises to engage in retail sales of personal use cannabis, without need of any municipal approval as currently required by law, if licensed as a retailer by the Cannabis Regulatory Commission to do so;

      - rename “Workplace Impairment Recognition Expert” to “Workplace Impairment Recognition Evaluator”;

      - provide authority over certification training of “Workplace Impairment Recognition Evaluators” to the Department of Labor and Workplace Development, instead of the Police Training Commission, and require immediate certification by the commission of a person upon the completion of certification courses;

      - provide that “ownership interest” for cannabis businesses applies only to present rights to ownership, not future rights to ownership;

      - permit an investor, investor group, or fund investing in a retail cannabis business to be included in qualifying the business as a minority-owned, women’s-owned, or disabled-veterans owned certified business;

      - indicate that once certified as a minority-owned, women’s-owned, or disabled-veterans owned business, that certification would survive any default or failure by the certified individuals originally associated with it;

      - prohibit a commission member who is seeking to concurrently hold local elected office from accepting campaign donations from any person with an ownership interest in a cannabis business and precludes a person with an ownership interest in a cannabis business from donating to a campaign of a commission member seeking local elected office;

      - revise the bill’s title and synopsis to reflect the changes made by the amendments; and

      - make other, minor technical changes.