[HISTORY: Adopted by the Township Committee of the Township
of Alexandria as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-14-2021 by Ord. No. 2021-005]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16) (the "Act") and under the general police powers of the Township
provided under N.J.S.A. 40:48-1 in order to protect the general health,
safety and welfare of the public, all cannabis establishments, cannabis
distributors or cannabis delivery services as said terms are defined
in Section 3 of the Act and within this article are hereby prohibited
from operating anywhere in the Township of Alexandria, except for
the delivery of cannabis items and related supplies within the Township
by a delivery service located outside of the Township.
For the purposes of this article, the following definitions
shall apply:
Any person or entity holding a Class 1 Cannabis Cultivator
license issued by the State of New Jersey that grows, cultivates,
or produces cannabis in the State of New Jersey, 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.
The transportation of cannabis items and related supplies
to a consumer. "Cannabis delivery" also includes 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.
Any person or entity holding a Class 6 Cannabis Delivery
license issued by the State of New Jersey 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 person or entity holding a Class 4 Cannabis Distributor
license issued by the State of New Jersey that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports 40 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, or a cannabis retailer.
Any person or entity holding a Class 2 Cannabis Manufacturer
license issued by the State of New Jersey, 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 person or entity holding a Class 5 Cannabis license issued
by the State of New Jersey 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 person or entity holding a Class 3 Cannabis Wholesaler
license issued by the State of New Jersey 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.
This article may be enforced by the police, or a Township official
who may be authorized by the Township. Any person who violates the
provisions of this article shall, upon conviction, be subject to a
fine of $1,000, imprisonment for a term not exceeding 90 days and/or
a period of community service not exceeding 90 days. Each day a violation
exists shall be considered a separate violation.
