Notwithstanding any federal law to the contrary, this chapter
is enacted to regulate and govern the use of cannabis businesses and
the type of permits issued in the Township pursuant to the New Jersey
Cannabis Regulatory Enforcement Assistance and Marketplace Modernization
Act, N.J.S.A. 24:6I-32 et seq. (CREAMMA) and the regulations adopted
by the New Jersey Cannabis Regulatory Commission, N.J.A.C. 17:30.
For purposes of this chapter, the following definitions shall
apply:
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 P.L. 2016, c.
16 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.).
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, are 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 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 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 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.
MEDICAL CANNABIS
Cannabis dispensed to registered qualifying patients pursuant
to the Honig Act and N.J.S.A. 18A:40-12.22 et seq. "Medical cannabis"
does not include any cannabis or cannabis items which are cultivated,
produced, processed and consumed in accordance with the Cannabis Regulatory
Enforcement Assistance Marketplace Modernization Act.
MEDICAL CANNABIS DISPENSARY
An organization that is issued a permit by the Cannabis Regulatory
Commission authorizing the organization to purchase or obtain medical
cannabis and related supplies from medical cannabis cultivators, purchase
or obtain medical cannabis products and related supplies from medical
cannabis manufacturers; purchase or obtain medical cannabis, medical
cannabis products and related supplies and paraphernalia from other
medical cannabis dispensaries and from clinical registrants; deliver,
transfer, transport, distribute, supply and sell medical cannabis
and medical cannabis products to other medical cannabis dispensaries;
furnish medical cannabis, including medical cannabis products, to
a medical cannabis handler for delivery to a registered qualifying
patient, designated caregiver, or institutional caregiver consistent
with the requirements of the Honig Act; and possess, display, transfer,
transport, distribute, supply, sell and dispense medical cannabis,
medical cannabis products, paraphernalia and related supplies to qualifying
patients, designated caregivers, and institutional caregivers. A medical
cannabis permit shall not authorize the permit holder to cultivate
medical cannabis, to produce, manufacture, or otherwise create medical
cannabis products.
[Amended 8-2-2022 by Ord.
No. 2022-16]
A. Licensing. The Township Committee is hereby designated to act as
the local licensing authority of the Township for all cannabis establishments.
The Township Committee may approve or deny an application for a municipal
cannabis license to operate a cannabis establishment at its sole discretion.
Under no circumstances shall a municipal license for a cannabis establishment
issued by the Township be effective unless and until the state has
issued the requisite permits or licenses to operate a facility. All
municipal cannabis licenses shall be issued for a term of one year
and shall expire one year after the date of issuance. Each municipal
cannabis license shall not be transferrable, assignable, or divisible.
B. Application for municipal cannabis licenses. Persons or entities
wishing to obtain a municipal cannabis license shall file a license
application with the Township Committee, on a standardized form established
by the Township Committee and available in the office of the Township
Clerk. An application shall be deemed incomplete and shall not be
processed until all documents and the application fees are submitted.
To be deemed complete, all applications shall be accompanied by the
following:
(1) The applicant shall submit proof that the applicant has or will have
lawful possession of the premises proposed for the cannabis establishment,
which proof may consist of: a deed, a lease, a real estate contract
contingent upon successful licensing, or a binding letter of intent
by the owner of the premises indicating an intent to lease the premises
to the applicant contingent upon successful licensing.
(2) The applicant shall submit an affidavit of documentary proof of compliance
with all state and local laws regarding affirmative action, anti-discrimination,
and fair employment practices. The applicant shall also certify under
oath that they will not and shall not discriminate based upon race,
color, religion (creed), gender, gender expression, gender identity,
age, national origin, disability, marital status, sexual orientation
or military status, in any of its activities or operations.
(3) A review memorandum from the Township Engineer confirming that the
location proposed for the licensing complies with the Township Zoning
Ordinances for cannabis establishments.
(4) The applicant shall submit to the satisfaction of the Township Committee
proof of financial capabilities to open and operate the cannabis establishment
forcing the applicant to seek a license. Standards for proof of financial
capabilities shall be determined by the Township Committee.
(5) The applicant shall submit all required fees for the application
and conditional license in accordance with the fee schedule set forth
in the Township Code. All fees shall be nonrefundable except as expressly
provided therein.
(6) Any person proposed to have an ownership interest in the license
shall not have had any cannabis license or permit revoked for violation
affecting public safety in the State of New Jersey or subdivision
thereof within the preceding five years.
(7) The applicant and the application shall otherwise comply with any
and all qualification standards set forth in the State of New Jersey
and/or Township laws and regulations.
C. Application fee. There shall be a $2,500 nonrefundable application
fee submitted with the application.
D. Annual registration fee. Within seven days of receiving notice that
an application for a license is granted, the applicant shall pay to
the Township the annual registration fee set forth below. The annual
registration fee shall be paid on or before the annual re-licensure
application for the cannabis establishment. The annual registration
fee is nonrefundable.
[Amended 8-15-2023 by Ord. No. 2023-17]
License
|
First Year Registration Fee
|
Annual Registration Fee
|
---|
Class 1 (Cannabis Cultivator)
|
$10,000
|
$10,000
|
Class 2 (Cannabis Manufacturer)
|
$10,000
|
$10,000
|
Class 3 (Cannabis Wholesaler)
|
$10,000
|
$10,000
|
Class 4 (Cannabis Distributor)
|
$10,000
|
$10,000
|
Class 5 (Cannabis Retailer)
|
$10,000
|
$10,000
|
Medical Dispensary
|
$10,000
|
$10,000
|
E. Number of licenses issued. The Township in its sole discretion shall
determine the number of aggregate licenses issued for all classes
of cannabis establishments.
F. Nothing herein shall prohibit a business from having licenses for
multiple classes of cannabis establishments.
Cannabis businesses shall be subject to the following specifications
and standards, which shall constitute regulations applicable to a
permitted use:
A. Licenses. Prior to the operation of any cannabis business, a permit
or license must be obtained from the State of New Jersey, the Township
of Ocean, and any other governmental agency, as may be necessary,
for the applicable type(s) of cannabis establishment. No cannabis
establishment shall be permitted to operate without all approvals
required by law.
B. Compliance with licenses. Permitted uses shall, at all times, comply
with the terms and conditions of the licensee's cannabis establishment
permits and license issued by the State of New Jersey, the Township
of Ocean, and any other governmental agency or authority.
C. Hours of operation. The hours of operation by all licensees shall
be from 8:00 a.m. to 8:00 p.m. only, with the exception of on-site
security.
E. Security. All cannabis establishments shall be secured in accordance
with the State of New Jersey statutes and regulations, shall have
twenty-four-hour surveillance and shall have trained security personnel
on-site at all times during operating hours. Footage must be maintained
for the duration required under state law. All licensed facilities
must provide the Township's Police Department with access to security
footage immediately upon request by the Police Department.
F. Land use regulations. All cannabis establishments shall comply with Chapter
410, Zoning, of the Code of the Township of Ocean, an applicable redevelopment plan, and all other applicable regulations.
[Amended 8-15-2023 by Ord. No. 2023-17]
G. On-site consumption prohibited. No cannabis or cannabis product shall
be smoked, eaten, or otherwise consumed on the premises of any cannabis
establishment unless permitted pursuant to state law or regulation.
H. Age restriction. No person under the age of 21 years may be permitted
within any cannabis establishment. Any person seeking entry into a
cannabis establishment shall be required to present proof of age to
a security guard before gaining entry.
Any license issued pursuant to this chapter may be suspended
or revoked for violation of any of the provisions of the Township
Code or any applicable ordinance, statute, or any other rules and
regulations promulgated by the Township of Ocean or the State of New
Jersey. Suspensions or revocations of a license shall be in addition
to any other penalty which may be imposed for violation of Township
ordinances. No refund will be issued by the Township for any suspended
or revoked license.