Bill Text: NJ A1354 | 2022-2023 | Regular Session | Introduced
Bill Title: Clarifies prohibition on smoking of cannabis in public places.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced, Referred to Assembly Health Committee [A1354 Detail]
Download: New_Jersey-2022-A1354-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
SYNOPSIS
Clarifies prohibition on smoking of cannabis in public places.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning cannabis and amending P.L.2005, c.383.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2005, c.383 (C.26:3D-57) is amended to read as follows:
3. As used in this act:
"Bar" means a business establishment or any portion of a nonprofit entity, which is devoted to the selling and serving of alcoholic beverages for consumption by the public, guests, patrons or members on the premises and in which the serving of food, if served at all, is only incidental to the sale or consumption of such beverages.
"Cannabis" means the same as that term is defined in section 3 of P.L.2021, c.16 (C.24:6I-33).
"Cigar bar" means any bar, or area within a bar, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar bar that is in an area within a bar shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the bar so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.
"Cigar lounge" means any establishment, or area within an establishment, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar lounge that is in an area within an establishment shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the establishment so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.
"Electronic smoking device" means an electronic device that can be used to deliver nicotine, cannabis, or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
"Indoor public place" means a structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a commercial or other office building; office or building owned, leased or rented by the State or by a county or municipal government; public and nonpublic elementary or secondary school building; board of education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statutes; child care center licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment; apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single-family dwelling.
"Person having control of an indoor public place or workplace" means the owner or operator of a commercial or other office building or other indoor public place from whom a workplace or space within the building or indoor public place is leased.
"Person having control of a public park or beach" means the person having supervisory authority over a public park or beach or that person's designee, as applicable.
"Public park or beach" means a State park or forest, a county or municipal park, or a State, county, or municipal beach, but does not include any parking lot that is adjacent to, but outside of, the public park or beach.
"Smoking" means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco, cannabis, or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
"State park or forest" means any State owned or leased land, water or facility administered by the Department of Environmental Protection, including, but not limited to, a park, forest, recreational area, marina, historic site, burial site, or natural area, but not including a wildlife management area or reservoir land.
"Tobacco retail establishment" means an establishment in which at least 51% of retail business is the sale of tobacco products and accessories, and in which the sale of other products is merely incidental.
"Workplace" means a structurally enclosed location or portion thereof at which a person performs any type of service or labor.
(cf: P.L.2018, c.64, s.2)
2. Section 5 of P.L.2005, c.383 (C.26:3D-59) is amended to read as follows:
5. The provisions of this act as they pertain to cannabis shall not apply to a cannabis consumption area established pursuant to section 28 of P.L.2019, c.158 (C.24:6I-21) or, subject to the provisions of subsection c. of section 46 of P.L.2021, c.16 (C.2C:35-10A), to a private home or private residence; and the provisions of this act as they pertain to tobacco shall not apply to:
a. any cigar bar or cigar lounge that, in the calendar year ending December 31, 2004, generated 15 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines, and is registered with the local board of health in the municipality in which the bar or lounge is located. The registration shall remain in effect for one year and shall be renewable only if: (1) in the preceding calendar year, the cigar bar or lounge generated 15 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, and (2) the cigar bar or cigar lounge has not expanded its size or changed its location since December 31, 2004;
b. any tobacco retail establishment, or any area the tobacco retail establishment provides for the purposes of smoking;
c. any tobacco business when the testing of a cigar or pipe tobacco by heating, burning or smoking is a necessary and integral part of the process of making, manufacturing, importing, or distributing cigars or pipe tobacco;
d. private homes, private residences and private automobiles;
e. the area within the perimeter of:
(1) any casino as defined in section 6 of P.L.1977, c.110 (C.5:12-6) approved by the Casino Control Commission that contains at least 150 stand-alone slot machines, 10 table games, or some combination thereof approved by the commission, which machines and games are available to the public for wagering; and
(2) any casino simulcasting facility approved by the Casino Control Commission pursuant to section 4 of P.L.1992, c.19 (C.5:12-194) that contains a simulcast counter and dedicated seating for at least 50 simulcast patrons or a simulcast operation and at least 10 table games, which simulcast facilities and games are available to the public for wagering;
f. research laboratories and other facilities that have been approved by the Department of Health to permit smoking for the purpose of medical research related to the health effects of smoking, in an indoor facility that is separately ventilated for the purpose of medical or scientific research that is conducted under physician supervision and has been approved by an Investigational Review Board (IRB), if the facility is used solely and exclusively for clinical research activities;
g. a golf course;
h. an area of a municipal or county beach, not to exceed 15 percent of the total area of the beach, which is designated by the municipality or county by ordinance or resolution as a smoking area; and
i. any cigar bar or lounge previously registered with the local board of health pursuant to subsection a. of this section that has, in accordance with the requirements of this subsection, renewed that registration following a period of lapse. A cigar bar or cigar lounge registration which has lapsed may be renewed under this subsection if: (1) no more than 10 years have elapsed since the date the registration lapsed; (2) in the calendar year immediately preceding the lapse, the cigar bar or lounge generated 15 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors; and (3) the cigar bar or lounge has not expanded its size or changed its location since December 31, 2004. A registration renewed pursuant to this subsection shall remain in effect for one year, and shall be renewable thereafter only if it meets the requirements for renewal as set forth in this subsection or subsection a. of this section.
(cf: P.L.2018, c.58, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill clarifies that cannabis legally obtained pursuant to the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.21 (C.24:6I-31 et al.) may not be consumed by smoking in any place in which smoking is prohibited under the "New Jersey Smoke-Free Air Act," P.L.2005, c.383 (C.26:3D-55 et seq.).
The "New Jersey Smoke-Free Air Act" generally prohibits smoking in any indoor public place, workplace, or public park or beach, as well as in the outdoor pickup areas of airports that are not owned or operated by a federal or military authority and on the premises of all public and private elementary and secondary schools.
The "New Jersey Smoke-Free Air Act" provides limited exceptions to the smoking ban for certain cigar bars and lounges, retail establishments, tobacco businesses, casinos, and research laboratories, as well as for private homes and vehicles, and provides additional exceptions for golf courses and designated areas of county and municipal beaches.
This bill clarifies that these current exceptions will continue to apply to the ban on smoking tobacco, but will not apply to cannabis, which may not be consumed by smoking in any of these areas.
The bill further identifies a specific exception to the ban on smoking cannabis in indoor public places for cannabis consumption areas established pursuant to section 28 of P.L.2019, c.153 (C.24:6I-21) and for private homes and residences, except as otherwise provided under subsection c. of section 46 of P.L.2021, c.16 (C.2C:35-10a), which identifies situations in which the owners of multifamily dwellings and condominium associations may restrict the indoor consumption of cannabis by smoking or vaping.
As provided in subsection c. of section 46 of P.L.2021, c.16 (C.2C:35-10a) and section 6 of P.L.2005, c.383 (C.26:5C-60), hotels, motels, and other lodging establishments may permit smoking in up to 20 percent of their rooms; this bill would not affect the ability of hotels, motels, and other lodging establishments to permit the smoking of either cannabis or tobacco products as provided in those designated rooms.
