Vape and Cannabis Product License

Any business that sells electronic smoking devices (e-cigarettes, vapes, etc) and/or cannabinoid products (delta-8, delta-10, CBD, etc) must first obtain a license from the Health Department. The license is renewable each year, expiring on December 31 of the calendar year. 

Pursuant to N.J.S.A. 2A:170-51.12A, no retailer, either directly or indirectly by an agent or employee, or by a vending machine owned by the retailer or located in the retailer's establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person any vapor product that has a characterizing flavor.

“Characterizing flavor” means a distinguishable flavor, taste, or aroma other than tobacco, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, wintergreen, or spice flavoring, that is imparted, prior to or during consumption, by a vapor product, including any smoke or vapor emanating from that product.  A vapor product shall be deemed to have a characterizing flavor if the product is advertised or marketed as having or producing any such distinguishable flavor, taste, or aroma.

Additionally, any derivative and extract of marijuana, including but not limited to CBD, Delta-8 THC, Delta-10 THC, is considered an unsafe food additive under 402(a)(2)(C)(i) of the FD&C Act and N.J.A.C 8:24-3.2(g).