On February 22, 2021, New Jersey became the 14th state in the nation to legalize the recreational use of marijuana with the passage of the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (“CREAMM”) Act. Licensed sales of recreational cannabis began on April 21, 2022, ushering in an industry that is projected to bring in $1.6 billion to New Jersey by 2025.

Among other provisions like high security safes, cages for processing facilities, and specialized vaults for storing the product, the CREAMM Act also requires cannabis businesses to have a comprehensive video surveillance system.

OlenderFeldman LLP has prepared this FAQ to further explain what the video surveillance requirement means for your cannabis business.

Q. What does the Video Surveillance Requirement entail?

A. The CREAMM Act requires the following with respect to video surveillance:

1. The interior and exterior of your business must be equipped with working electronic monitoring and video cameras to clearly monitor all critical control activities of the cannabis business. The video surveillance system, which is approved by the Cannabis Regulatory Commissions (“CRC”) as a part of the licensing process, must always be available to the CRC via remote viewing. Original tapes and digital pictures must be retained for at least 30 days.
2. The general outside area around your business must be well-lit but not so bright as to disturb your neighbors. Motion control sensors are allowed to protect plant cultivation light-dark cycles if needed. All entrances and exits must be covered by the cameras.
3. Law enforcement and the neighboring businesses and residences within 100 feet of your dispensary must be provided with the contact information of a staff member to notify during and after operating hours of any problems.
4. The video surveillance system must be continuously monitored, day and night with no exceptions. Off-site monitoring is allowed.

In these times of constantly changing cannabis regulations, you will need guidance from experienced legal professionals to ensure compliance with all federal and state laws, regulations and Executive Orders.  OlenderFeldman LLP attorneys are available to provide guidance on these issues and other challenges facing your industry.

For more information or guidance regarding these matters please contact info@olenderfeldman.com.