[HISTORY: Adopted by the Township Council of the Township
of Denville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-19-2021 by Ord. No. 26-21]
As used in this article, the following terms shall have the
meanings indicated:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16,[1] for use in cannabis products as set forth in this act,
but shall not include the weight of any other ingredient combined
with cannabis to prepare topical or oral administrations, food, drink,
or other product. "Cannabis" does not include: medical cannabis dispensed
to registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.),
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); "marijuana"
as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth
in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes,
or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or "marihuana" as
defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and
applied to any offense set forth in the New Jersey Controlled Dangerous
Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp
or a hemp product cultivated, handled, processed, transported, or
sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238
(N.J.S.A. 4:28-6 et seq.).
Means and refers to a "cannabis consumption area" as defined
under P.L. 2021, c. 16, § 3, N.J.S.A. 24:6I-33, of the New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer or a cannabis distributor.
Any item available for lawful consumption pursuant to the
New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.).
A license issued under relevant state law including a license
that is designated as either a:
The term shall also include a conditional license for a designated
class, except when the context of the provisions of relevant state
law otherwise intend to only apply for a license and not a conditional
license.
The term shall also include any activity related to cannabis
cultivation, cannabis manufacturing, cannabis wholesale, cannabis
distribution, cannabis retail and/or cannabis delivery service by
a preexisting alternative treatment center deemed to concurrently
hold any one or more class(es) of the above-listed cannabis license(s)
pursuant to PL. 2021, c. 16, § 33, N.J.S.A. 24:6I-46, and
P.L. 2021, c. 16, § 34, of the Act, amending N.J.S.A. 24:6I-7;
but shall not include the preexisting alternative treatment's
activities related to medical cannabis cultivation, medical cannabis
manufacturing, medical cannabis processing and/or medical cannabis
dispensing by a preexisting medical cannabis alternative treatment
center pursuant to a license or conditional license issued by the
State of New Jersey pursuant to the Jake Honing Compassionate Use
Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.),
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.).
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
The act of ingesting, inhaling, or otherwise introducing
medical cannabis items and/or cannabis items into the human body.
The transportation of cannabis items and related supplies
to a consumer. "Delivery" shall also mean the use by a licensed cannabis
retailer of any third-party technology platform to receive, process,
and fulfill orders by consumers, which third party shall not be required
to be a licensed cannabis establishment, distributor, or delivery
service, provided that any physical acts in connection with fulfilling
the order and delivery shall be accomplished by a certified cannabis
handler performing work for or on behalf of the licensed cannabis
retailer, which includes a certified cannabis handler employed or
otherwise working on behalf of a cannabis delivery service making
off-premises deliveries of consumer purchases fulfilled by that cannabis
retailer.
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 (N.J.S.A.
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 (N.J.S.A. 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.
A person or entity that holds a license issued under P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), including a license that
is designated as either a Class 1 cannabis cultivator license, a Class
2 cannabis manufacturer license, a Class 3 cannabis wholesaler license,
a Class 4 cannabis distributor license, a Class 5 cannabis retailer
license, a Class 6 cannabis delivery license, and also includes: a
person or entity that holds a conditional license for a designated
class; a person or entity holding a preexisting medical cannabis cultivator
license, preexisting alternative treatment center permit first issued
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana, in accordance with the provisions of the Jake Honing Compassionate
Use Medical Cannabis Act (P.L. 2009, c. 307, N.J.S.A. 24:6I-1 et seq.,
and P.L. 2015, c. 158, N.J.S.A. 18A:40-12.22 et seq.) prior to February
22, 2021, and approved by the Township to hold a concurrent municipal
license to operate as a Class 1 cannabis cultivator, Class 2 cannabis
manufacturer, Class 3 cannabis wholesaler and/or Class 4 cannabis
distributor in accordance with the provisions hereinafter and P.L.
2021, c. 16, § 33, N.J.S.A. 24:6I-46, and P.L. 2021, c.
16, § 34 (amending N.J.S.A. 24:6I-7), of the Act; and/or
any other person or entity holding a local annual cannabis license
issued by the Township pursuant to this Code.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
The purchase, sale, possession, and/or consumption of cannabis
items by person(s) who are not a registered qualifying patient under
the Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009,
c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A.
18A:40-12.22 et seq.).
The following areas of a location licensed under P.L. 2021,
c. 16 (N.J.S.A. 24:6I-31 et seq.): all public and private enclosed
areas at the location that are used in the business operated at the
location, including offices, kitchens, rest rooms, and storerooms;
all areas outside a building that the Cannabis Regulatory Commission
has specifically licensed for the production, manufacturing, wholesaling,
distributing, retail sale, or delivery of cannabis items; and, for
a location that the Commission has specifically licensed for the production
of cannabis outside a building, the entire lot or parcel that the
licensee owns, leases, or has a right to occupy.
Any place to which the public has access that is not privately
owned, including but not limited to any property owned by the Township
of Denville, the County of Morris, and/or any other government subdivision
of the State of New Jersey situated within the geographic boundaries
of the Township; or any place to which the public has access where
alcohol consumption is not allowed, including, but not limited to,
a public street, road, thoroughfare, sidewalk, bridge, alley, plaza,
park, playground, swimming pool, shopping area, public transportation
facility, vehicle used for public transportation, parking lot, public
library, or any other public building, structure, or area.
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
A.
This article has been adopted by the Municipal Council of the Township
of Denville to protect the public health, safety, and general welfare
of the residents of the Township of Denville by prohibiting the issuance
by the Township of licenses that permit any recreational cannabis
business to operate in the Township.
B.
Applicability. The provisions herein shall apply to all licensees,
persons, organizations and businesses operating and/or seeking to
operate as any class of licensed cannabis establishment pursuant to
the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, P.L. 2021, c. 16, N.J.S.A. 24:6I-31 et seq.
A.
Pursuant to Section 31 of the Act, N.J.S.A. 24:6I-45b, Class 1 cannabis
cultivation, Class 2 cannabis manufacturing, Class 3 cannabis wholesale
and Class 4 cannabis distribution is prohibited within the geographic
boundaries of the Township of Denville.
B.
Pursuant to Section 31 of the Act, N.J.S.A. 24:6I-45b, the operation
of any cannabis retail establishment and/or the retail sale of cannabis,
cannabis items and related supplies by any person or business directly
to consumers for recreational consumption, including by a licensed
Class 5 cannabis retailer and/or preexisting alternative treatment
center deemed to concurrently hold a Class 5 cannabis retailer license,
is hereby prohibited within the geographic boundaries of the Township
of Denville.
C.
Pursuant to Section 31 of the Act, N.J.S.A. 24:6I-45b, the operating
premises of any cannabis delivery service, including any New Jersey
licensed Class 6 cannabis delivery service, is hereby prohibited within
the geographic boundaries of the Township of Denville. Nothing herein
shall be construed to prohibit the delivery of cannabis items and
related supplies within the Township of Denville by a New Jersey licensed
Class 6 cannabis delivery service to a consumer of 21 years of age
or older for personal use from the licensed premises of a Class 6
cannabis delivery service located outside the geographic boundaries
of the Township of Denville.
D.
Pursuant to Section 32 of the Act, N.J.S.A. 24:6I-21, cannabis consumption
areas are hereby prohibited from being located or otherwise operated
within the geographic boundaries of the Township of Denville.
A.
No local annual cannabis license shall be authorized to be available
for issuance by the Township pursuant to the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021,
c. 16 (N.J.S.A. 24:6I-31 et seq.), first commencing August 22, 2021.
B.
Any person, organization and/or business found to engage in the cultivation,
manufacturing, wholesaling, distribution and/or retail sale of cannabis
items shall be subject to a civil fine and penalty as set forth hereinbelow.
C.
Any person, organization and/or business found to operate a delivery
service from any premises within the geographic boundaries of the
Township shall be subject to a civil fine and penalty as set forth
hereinbelow.
The actual delivery of cannabis and cannabis items by any Class
6 cannabis delivery services to a consumer occurring within the Township
shall be prohibited from taking place in any public place and shall
only be permitted to take place within the confines of private property
or indoor public places with the express permission and authorization
of the owner of the property.
A.
Any person(s), firm(s), business(es), corporation(s) and/or other
organizations, including any licensed medical and/or cannabis establishment,
found in violation of any provision(s) of this article shall be subject
to a civil fine and penalty not exceeding $2,000.
B.
Each and every day any person(s), firm(s), business(es), corporation(s)
and/or other organizations, including any licensed medical and/or
cannabis establishment, remains in violation of the provisions of
this article after the deadline for compliance set forth in any notice
of violation issued by the enforcing officer(s) of the Township shall
be considered a continuing violation punishable as a separate and
distinct offense and subject to a separate civil fine and penalty
for each and every day the violation continues.
C.
The Municipal Court or Superior Court shall have jurisdiction to
hear and decide any action(s) brought to enforce the provisions of
this article, the hearing for which shall be conducted in a summary
manner pursuant to N.J.S.A. 2B:12-16a, and any final order imposing
fines and penalties for a violation of this article shall be enforceable
in the Municipal Court or Superior Court and collectible as a lien
against the property of the violator in accordance with the Penalty
Enforcement Law of 1999, N.J.S.A. 2A:58-10 to 2A:58-12.
