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New Jersey Cannabis Recordkeeping Procedures

Based on the New Jersey Cannabis Recordkeeping requirements outlined in the CRC regulations published in August, 2021:

All License Types – § 17:30-9.7 (page 90)

Cultivation Only – § 17:30-10.6 (page 106)

Manufacturing Only – § 17:30-11.13 (page 117)

Retail Only – § 17:30-12.5 (page 123)

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From the recently published CRC Regulations:

§ 17:30-9.7 CANNABIS BUSINESS RECORDKEEPING

(a) A cannabis business shall maintain a system of recordkeeping that will permit the identification for purposes of recall of any batch of cannabis or lot of cannabis products from consumers when such cannabis items are found to be unsafe for use. 1. As part of this system, the cannabis business shall ensure that the container that contains the cannabis item at any stage in the process of cultivation, manufacturing, and distribution bears an identifying name and number, and that the final packaged cannabis item contains all labeling information required by N.J.A.C. 17:30-13.3, to make it possible to determine the complete manufacturing history of the packaged cannabis item.

(b) A cannabis business shall maintain a complete and accurate confidential record of all sales of usable cannabis or cannabis products, including the cannabis business to whom the cannabis item is sold, if applicable, and the quantity, variety, form, and cost of the cannabis item. 1. Such records shall be kept and maintained for four years, either on-premises or at an off-site facility, in written or electronic form. 2. In order to ensure that individual privacy is protected, a cannabis retailer shall not collect and retain any personal information from consumers other than information typically acquired in a financial transaction conducted by the holder of a Class C retail license concerning alcoholic beverages as set forth in N.J.S.A. 33:1-12.

(c) A cannabis business shall retain every written report from a testing laboratory for any cannabis item that the cannabis business cultivated, manufactured, or sold to a consumer.

(d) A cannabis business shall maintain the following administrative records, as applicable: 1. An organizational chart; 2. A general description of any facilities to be used as a cannabis business premises and a floor plan identifying the square footage available and descriptions of the functional areas of the cannabis business; and 3. The standards and procedures by which the cannabis business determines the price it charges for usable cannabis or cannabis products and a record of the prices charged.

(e) A cannabis business shall maintain business records including manual or digital records of assets and liabilities; monetary transactions; and journals, ledgers and supporting documents, including agreements, checks, invoices and vouchers, that the cannabis business keeps as its books of accounts.

(f) The Commission may request an audit of the financial records of a cannabis business by an independent certified public accountant approved by the Commission. 1. The cannabis business or testing laboratory shall bear all costs related to such audit; 2. Such audit shall be concluded within a reasonable period, as determined by the Commission. 3. Results of a required audit shall be forwarded to the Commission.

(g) A cannabis business shall maintain documentation of any occurrence that is reported pursuant to N.J.A.C. 17:30-9.11 in an auditable form for at least two years after the reporting of such occurrence.

(h) If cannabis is disposed of or destroyed, a cannabis business shall maintain for at least two years after the disposal, a written record of the date, the quantity disposed of, the manner of disposal, and the persons present during the disposal, with their signatures.

(i) A cannabis business shall maintain a personnel record for each owner, principal, management services contractor, employee, and volunteer of the license-holder that includes, at a minimum, copies of the following, as applicable: 1. An application for employment or to volunteer; 2. Current Cannabis Business Identification Card; 3. Driver’s license or other State or federally issued photo identification; 4. Certification confirming the person’s or entity’s submission to the jurisdiction of the courts of the State and agreeing to comply with all of the requirements of the laws of the State pertaining to the Commission; 5. Documentation of verification of references; 6. Documentation of submission of fingerprint impressions for compliance with a criminal history record background check; 7. Job or role description or contract that includes the duties, authority, responsibilities, qualifications, and supervision of the job or role; 8. Documentation of all required training and the signed statement of the person indicating the date, time and place that individual person received they received such training and the topics discussed, including the name and title of presenters; 9. Documentation of periodic performance evaluations; and 10.Documentation of any disciplinary action taken.

(j) The license-holder shall maintain personnel records, including but not limited to those in (i) above: 1. For the purposes of this rule, for at least 12 months after termination of the person’s affiliation with the cannabis business; and 2. For all other business purposes, in accordance with their business practice.

§ 17:30-10.6 CANNABIS CULTIVATOR RECORDKEEPING

(a) A cannabis cultivator shall maintain records identifying the source of each ingredient used in the cultivation of cannabis. Records identifying the source of each ingredient shall include: 1. The date of receipt of the ingredient; 2. The vendor-contractor’s name and address; 3. The name of the ingredient and the vendor-contractor’s control number or other identifying number or symbol, if any, used by the vendor-contractor to identify the ingredient; and 4. The grade and quantity of said ingredient.

(b) A cannabis cultivator shall keep and maintain for four years in an on- or off-premises facility, a complete and accurate record of: 1. All sales of cannabis flowers, cannabis leaves, and immature cannabis plants; 2. The number of ounces of cannabis flowers produced; 3. The number of ounces of cannabis leaves produced; 4. The number of immature cannabis plants produced, and 5. The dates of all sales and production as enumerated above in (b) 1 through 4, including and the name of the purchasing entity for each sale.

§ 17:30-11.13 CANNABIS MANUFACTURER RECORDKEEPING; AUDIT TRAIL; MANUFACTURING RECORD

(a) A cannabis manufacturer shall maintain records identifying the source of each ingredient used in the manufacturing of cannabis. Records identifying the source of each ingredient shall include: 1. The date of receipt of the ingredient; 2. The vendor-contractor’s name and address; 3. The name of the ingredient and the vendor-contractor’s control number or other identifying number or symbol, if any, used by the vendor-contractor to identify the ingredient; and 4. The grade and quantity of said ingredient.

(b) A cannabis manufacturer shall maintain a manufacturing record for each cannabis product; the record shall contain the following information: 1. Selection of all ingredients and documentation of source, lot/batch numbers, and expiration dates of all ingredients used; 2. Verification that ingredients comply with the master formulation record; 3. Verification that the cannabis product label complies with the requirements outlined N.J.A.C. 17:30-11.9; 4. Verification that the cannabis product is complete and ready for sale; 5. Strength of cannabis product; 6. Date of preparation; 7. Name of the person(s) who performed each step of the manufacturing process and the manufacturing supervisor who verified the preparation of the cannabis product; 8. Reference(s) for formulation, if available; 9. Total quantity of cannabis product, including number of servings, manufactured in each lot; 10.Detailed steps of the manufacturing process to ensure that the exact same cannabis product can be duplicated at a future date; 11.Type of container used when the cannabis product has specific storage requirements; 12.Expiration date of the cannabis products consistent with the requirements outlined in this subchapter; 13.Results of quality control procedures; 14.Instructions for use, storage, and handling of the cannabis product.

(d) The cannabis manufacturer shall follow all recordkeeping requirements as outlined in N.J.A.C. 17:30-9.7.

§ 17:30-12.5 CANNABIS RETAILER RECORDKEEPING; REPORTING

(a) A cannabis retailer shall keep a complete and accurate record of all cannabis item sales and deliveries made to consumers by the retailer or a cannabis delivery service acting on its behalf 1. Such records shall be kept and maintained for four years, either on-premises or at an off-site facility, in written or electronic form.

(b) A cannabis retailer license-holder shall collect and report to the Commission for each calendar year at least the following statistical data: 1. The number of consumers who purchased each cannabis item sold by the cannabis retailer; 2. Total number of cannabis item transactions; 3. Taxes collected; and 4. Such other information as the Commission may require in the administration and enforcement of this chapter.

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New Jersey Cannabis License