As used in this chapter, the following terms shall have the
meanings indicated:
ACT
Public Law 2021, c. 16, commonly known as the “New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act,” codified at N.J.S.A. 24-6I-31 et seq.
CANNABIS
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 the Act for
use in cannabis products, 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 BUSINESS
Any person or entity that holds any of the six Classes of
licenses established under the Act.
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or
produces cannabis, 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.
This person or entity shall hold a Class 1 Cannabis Cultivator license.
CANNABIS DELIVERY SERVICE
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. This person or entity shall hold a Class 6 Cannabis
Delivery license.
CANNABIS DISTRIBUTOR
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. This person or entity shall hold a Class 4 Cannabis Distributor
license.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
CANNABIS MANUFACTURER
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.
This person or entity shall hold a Class 2 Cannabis Manufacturer license.
CANNABIS PRODUCT
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
“Cannabis product” does not include: (1) usable cannabis
by itself; or (2) cannabis extract by itself; or (3) any other cannabis
resin by itself.
CANNABIS RETAILER
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. This
person or entity shall hold a Class 5 Cannabis Retailer license.
CANNABIS TAX
Collectively, the taxes as are established in Section 52-6
of this Chapter.
CANNABIS WHOLESALER
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. This person or entity shall hold a Class 3 Cannabis Wholesaler
license.
LICENSEE
Any person or entity that holds a license issued under the
Act, 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, or a Class 6 Cannabis Delivery
license, and includes a person or entity that holds a conditional
license for a designated class..
MICROBUSINESS
Any person or entity licensed as a cannabis cultivator, cannabis
manufacturer, cannabis wholesaler, cannabis distributor, cannabis
retailer, or cannabis delivery service that may only, with respect
to its business operations, and capacity and quantity of product:
(1) employ no more than 10 employees; (2) operate a cannabis establishment
occupying an area of no more than 2,500 square feet, and in the case
of a cannabis cultivator, grow cannabis on an area no more than 2,500
square feet measured on a horizontal plane and grow above that plane
not higher than 24 feet; (3) possess no more than 1,000 cannabis plants
each month, except that a cannabis distributor’s possession
of cannabis plants for transportation shall not be subject to this
limit; (4) acquire each month, in the case of a cannabis manufacturer,
no more than 1,000 pounds of usable cannabis; (5) acquire for resale
each month, in the case of a cannabis wholesaler, no more than 1,000
pounds of usable cannabis, or the equivalent amount in any form of
manufactured cannabis product or cannabis resin, or any combination
thereof; and (6) acquire for retail sale each month, in the case of
a cannabis retailer, no more than 1,000 pounds of usable cannabis,
or the equivalent amount in any form of manufactured cannabis product
or cannabis resin, or any combination thereof.
TOWNSHIP
The Township of Moorestown.
Any term not defined herein shall have the meaning as established
by Section 40 of Public Law 2021-16 (N.J.S.A. 24:6I-33).
|
It is the intent of this Chapter to set forth the locations
within the Township where a Cannabis Establishment may be located,
and to establish the regulatory framework to implement the provisions
of the Act, including the imposition of a Cannabis Taxes, as permitted
by Section 40 of the Act, at a uniform percentage rate not to exceed
two percent (2%) of the receipts from each sale by a Cannabis Cultivator;
two percent (2%) of the receipts from each sale by a Cannabis Manufacturer;
one percent (1%) of the receipts from each sale by a Cannabis Wholesaler;
and two percent (2%) of the receipts from each sale by a Cannabis
Retailer, which shall be in addition to any other tax or fee imposed
pursuant to any other statute or local ordinance or resolution by
any governmental entity having regulatory authority over the Cannabis
Establishment.
[Added 3-28-2022 by Ord. No. 4-2022]
A. Application. In order to obtain a resolution of support to accompany
an application for a license submitted to the Cannabis Regulatory
Commission, an applicant shall file an application, signed by the
applicant, with the Township Manager upon a form provided by the Township
Manager which sets forth all information necessary for proper consideration
of the request.
B. Fee. At the time application is made, the applicant shall pay to
the Township a nonrefundable application fee in the amount of $300.
C. Limit on number of resolutions of support; duration. Recognizing
that the Township Council may only issue a resolution of support for
as many licenses are permitted in this chapter, prior to accepting
an application for a resolution of support, the Township Manager will
advise a prospective applicant whether the Township has any licenses
available for which a resolution of support may be issued. In the
event a prospective applicant submits an application even if no licenses
are available, the application will be accepted and remain on file
for a one-year period. In the event a license becomes available, requests
for a resolution of support will be considered in chronological order
from when received by the Township Manager's office. If no license
becomes available within one year of the date an application is submitted,
the application will be deemed inactive unless prior to the expiration
of the year the applicant pays a renewal fee of $100 to retain their
place in chronological order for an additional year. There is no limit
to the number of times an application may be renewed.
D. Standard. The Township Council will review an application for a resolution
of support and render a decision which the Township Council deems
most advantageous to the Township. An appearance by the applicant
at a Township Council meeting may be required. The decision whether
to issue, or decline, an application for a resolution of support is
within the Township Council's sole discretion.
E. Issuance by resolution. Upon approval of an application for a resolution
of support, the Township Council will issue a resolution indicating
its support for the applicant's application for a state license.
Any person or entity who violates any provisions of this Chapter shall be fined as set forth in Chapter
66. Every day that a violation continues shall constitute a separate and distinct offense. Each and every violation shall be considered a separate violation. A violation may also result in a suspension of the Cannabis Business’ license under this Chapter.