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 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.
SMOKING
Any definition of smoking in the Borough Code is amended
to include Cannabis and Cannabis Product.
[Added 9-13-2022 by Ord.
No. 10-2022]
TOBACCO PRODUCT
Any definition of tobacco product in the Borough Code is
amended to include Cannabis and Cannabis Product.
[Added 9-13-2022 by Ord.
No. 10-2022]
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).
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It is the intent of this chapter to establish the regulatory
framework to implement the provisions of the Act, including the imposition
of cannabis taxes, as permitted by Section 40 of the Act, at a uniform
percentage rate not to exceed 2% of the receipts from each sale by
a cannabis cultivator; 2% of the receipts from each sale by a cannabis
manufacturer; 1% of the receipts from each sale by a cannabis wholesaler;
and 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.
Cannabis cultivators, manufacturers, wholesalers, distributors, retailers, and delivery services are only permitted in the Borough in accordance with the standards set forth in Chapter
200, Article
XI titled "Zoning" established by way of Ordinance No. 9-2021 as follows:
A. All Class 5 cannabis retailer businesses shall not be permitted uses
in the VR (Village Residential), RD (Rural Development) and Block
3401, Lots 50, 51 52 and 53 and Block 3407 Lot 12 in the RDC (Rural
Development Commercial) Zones. The hours of operation for Class 5
cannabis retailers in all other permitted zones shall be 9:00 a.m.
to 9:00 p.m. Monday through Sunday.
B. All Class 1, Cannabis Cultivation, Class 2, Cannabis Manufacturing,
Class 3, Cannabis Wholesale and Class 4, Cannabis Distribution businesses
shall not be permitted uses in the RDC (Rural Development Commercial)
Zone in Block 3401 Lots 50, 51, 52 and 53, Block 3407 Lot 12, Block
3408 Lots 1, 2, 3, 4 and 5, Block 3302 Lots 1 and 6 and Block 3301
Lot 5. Furthermore, these businesses shall not be permitted uses in
the F-20 (Forest 20 acres), F-30 (Forest 30 acres), AG (Agriculture),
VR (Village Residential) or RD (Rural Development) zones. These businesses
shall be permitted uses in the VI (Village Industrial), FCS (Forest
Commercial Sending), FCR (Forest Commercial Receiving) and in the
remainder of the RDC (Rural Development Commercial) zones.
[Added 9-13-2022 by Ord.
No. 10-2022]
A. Prohibition in public places. No person shall consume, smoke, use,
vape, aerosolize, immobilize or possess in any open container any
cannabis or cannabis product in any Borough park, lake area, recreation
area and in any school and in any place that any other law prohibits
the smoking of tobacco, including N.J.S.A. 2C:33-13 and the "New Jersey
Smoke-Free Air Act," N.J.S.A. 26:3D-55 et seq.
B. Prohibition of unregulated sale of cannabis. No person shall sell
cannabis in the Borough without a state license and a Borough license.