Non-Infused Hospitality

Proposed Amendment: Remove “food, beverages” from N.J.A.C. 17:30-9.5(b)

N.J.A.C. 17:30-9.5(b) currently prohibits the “sales of food, beverages, alcohol, or tobacco on the premises of a cannabis business,” except for a narrow allowance permitting food and non-alcoholic beverages for on-site personnel in separate, non-customer areas.

This blanket prohibition on non-infused food and beverages for consumers:

• exceeds the intent of the CREAMM Act,

• limits consumer education,

• undermines hospitality innovation,

• prevents dispensaries and manufacturers from offering safe, regulated, non-infused sampling experiences,

• and restricts small-business flexibility.

Removing “food, beverages” from this clause would allow licensed cannabis businesses — particularly manufacturers, microbusinesses, and retailers — to responsibly host non-infused hospitality experiences that build consumer trust, improve education, and normalize legal cannabis consumption without compromising compliance or safety.

Legislative Authority Under the CREAMM Act

The CREAMM Act tasks the New Jersey Cannabis Regulatory Commission (CRC) with regulating cannabis establishments in ways that promote:

• public health,

• public safety, and

• equitable market participation.

What the Act does not do

It does not prohibit cannabis businesses from selling or serving ordinary, non-infused food and beverages.

Nothing in the statute forbids:

• non-infused snacks

• mocktails

• coffee / tea

• water

• non-infused culinary experiences

• non-infused hospitality services

What the Act does require

It requires the CRC to ensure such activities:

• do not endanger the public

• do not violate health code

• do not interfere with compliance

Bottom Line

The restriction on “food, beverages” is administrative, not statutory, and can therefore be amended through rulemaking to align with legislative intent.

Furthermore, the CREAMM Act explicitly encourages:

• consumer education

• marketplace normalization

• small business innovation

— all of which are hindered by the current clause in 9.5(b).

Rationale for Change

Promotes Consumer Education

Non-infused tastings help consumers understand flavors, terpenes, and pairing concepts — improving responsible cannabis use.

Normalizes Legal Cannabis Use

Hospitality offerings mirror best practices in mature cannabis markets (CA, CO, NV, MA).

Supports Small Business Growth

Microbusinesses and equity operators rely heavily on experiential, in-store engagement.

Improves Public Safety

Non-infused food decreases over-intoxication risk by encouraging balanced consumption experiences.

Economic Development

Events, tastings, and classes create new revenue streams for NJ’s regulated market.

Proposed Rule Amendment

Amend N.J.A.C. 17:30-9.5(b) by removing the terms “food, beverages,” to allow licensed cannabis establishments to provide, sell, or host non-infused food and beverage offerings for consumers, subject to standard health and safety regulations. This change applies only to non-infused items and does not authorize the sale or distribution of infused foods outside approved cannabis products.

This maintains public health and compliance while allowing hospitality innovation.

Compliance & Safety Controls

• Food must be non-infused.

• Alcohol remains prohibited.

• All health code requirements remain in effect.

• Hospitality offerings must be recorded in standard business SOPs.

Intended Outcome

This reform restores reasonable flexibility for licensed cannabis establishments, enabling them to host compliant, educational, and community-focused experiences that align with the CREAMM Act’s goals of normalization and equity. Removing “food, beverages” from N.J.A.C. 17:30-9.5(b) will modernize New Jersey’s cannabis regulations, support small-business innovation, and foster responsible consumer engagement—all while maintaining the CRC’s core public-safety oversight.