[Added 3-26-2019 by Ord.
No. 2019-20; amended 12-14-2021 by Ord. No. 2021-73]
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 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" does not include: medical cannabis dispensed
to registered qualifying patients pursuant to N.J.S.A. 24:61-1 et
al. and N.J.S.A. 18A:40-12.22 et al.; marijuana as defined N.J.S,
2C:35Q; or hemp or a hemp product cultivated, handled, processed,
transported, or sold pursuant to N.J.S.A. et al.
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. This person or entity shall hold a Class I Cannabis
Cultivator license.
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.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
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.
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 Manufacturer license.
Any equipment, products, or materials of any kind that are
used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, composting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, vaporizing, or containing cannabis,
or for ingesting, inhaling, or otherwise introducing a cannabis item
into the human body.
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.
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 that will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 Cannabis Retailer license.
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.
The Cannabis Regulatory Commission established pursuant to
N.J.S.A. 24:6I-24(31).
A designated location operated by a licensed cannabis retailer
or permit holder for dispensing medical cannabis, for which both a
state and local endorsement has been obtained, that is either: (1)
an indoor, structurally enclosed area of the cannabis retailer or
permit holder that is separate from the area in which retail sales
of cannabis items or the dispensing of medical cannabis occurs; or
(2) an exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical cannabis
either obtained from the retailer or permit holder, or brought by
a person to the consumption area, may be consumed.
A license issued under N.J.S.A. 24:61-1 et al., 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.
Cannabis dispensed to registered qualifying patient pursuant
to N.J.S.A. 24:61-1 et al. and N.J.S.A. 18A:40-12.22 et al. Medical
cannabis does not include any adult use cannabis or cannabis item
that is cultivated, produced, processed, and consumed.
An organization issued a permit, including a conditional
permit, by the Cannabis Regulatory Commission to operate as a medical
cannabis cultivator, medical cannabis manufacturer, medical cannabis
dispensary, or clinical registrant.
An entity that has a written contractual relationship with
an academic medical center in the region in which it has its principal
place of business, which includes provisions whereby the patties will
engage in clinical research related to the use of medical cannabis
and the academic medical center or its affiliate will provide advice
to the entity regarding patient health and safety, medical applications,
and dispensing and managing controlled dangerous substances, among
other areas.
An organization holding a permit issued by the commission
that authorizes the organization to: possess and cultivate cannabis
and deliver, transfer, transport, distribute, supply, and sell medical
cannabis and related supplies to other medical cannabis cultivators
and to medical cannabis manufacturers, clinical registrants, and medical
cannabis dispensaries, as well as to plant, cultivate, grow, and harvest
medical cannabis for research purposes. A medical cannabis cultivator
permit shall not authorize the permit holder to manufacture, produce,
or otherwise create medical cannabis products, or to deliver, transfer,
transport, distribute, supply, sell or dispense medical cannabis,
medical cannabis products, paraphernalia, or related supplies to qualifying
patients, designated caregivers, or institutional caregivers.
An organization issued a permit by the commission that authorizes
the organization to: purchase or obtain medical cannabis and related
supplies from medical cannabis cultivators; purchase or obtain medical
cannabis products and purchase or obtain medical cannabis 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 N.J.S.A. 24:6120(27)(i); and possess, display, deliver,
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 dispensary permit shall not authorize the permit
holder to cultivate medical cannabis, to produce, manufacture, or
otherwise create medical cannabis products.
An organization issued a permit by the commission that authorizes
the organization to: purchase or obtain medical cannabis and related
supplies from a medical cannabis cultivator or a clinical registrant;
purchase or obtain medical cannabis products from another medical
cannabis manufacturer or a clinical registrant; produce, manufacture,
or otherwise create medical cannabis products; and possess, deliver,
transfer, transport, distribute, supply, and sell medical cannabis
products and related supplies to other medical cannabis manufacturers
and to medical cannabis dispensaries and clinical registrants. A medical
cannabis manufacturer permit shall not authorize the permit holder
to cultivate medical cannabis or to deliver, transfer, transport,
distribute, supply, sell, or dispense medical cannabis, medical cannabis
products, paraphernalia, or related supplies to registered qualifying
patients, designated caregivers, or institutional caregivers.
A permit issued under N.J.S.A. 24:61-1 et al., that is designated
as either a medical cannabis alternative treatment center permit,
a medical cannabis cultivator permit, a medical cannabis manufacturer
permit, a medical cannabis dispensary permit, or a medical cannabis
clinical registrant permit.
Include the following areas of a location licensed under
N.J.S.A. 24:61-1 et al.: all public and private enclosed areas at
the location that are used in the business operated at the location,
including offices, kitchens, restrooms, and storerooms; all areas
outside the 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; 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.
The purpose of this article is to:
A.Â
Provide regulations and standards for the establishment and operation
of medical and adult use cannabis businesses.
B.Â
Provide appropriate locations for medical and adult use cannabis
businesses, by permit type for medical cannabis (medical cannabis
alternative treatment center, medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, and medical cannabis
clinical registrant) and license type for adult use cannabis (cannabis
cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor,
and cannabis retailer), that will minimize conflicts with other uses,
thereby advancing public health, safety and welfare.
This article is authorized under N.J.S.A. et al., pertaining
to medical and adult use cannabis, and N.J.S.A. 40:55D-1 et seq.,
pertaining to land use.
Permitted uses shall be as follows:
A.Â
Medical cannabis alternative treatment center, in accordance with
this chapter.
B.Â
Medical cannabis cultivator, in accordance with this chapter.
C.Â
Medical cannabis manufacturer, in accordance with this chapter.
D.Â
Medical cannabis dispensary, in accordance with this chapter.
E.Â
Medical cannabis clinical registrant, in accordance with this chapter.
F.Â
Cannabis cultivator, in accordance with this chapter.
G.Â
Cannabis manufacturer, in accordance with this chapter.
H.Â
Cannabis wholesaler, in accordance with this chapter.
I.Â
Cannabis distributor, in accordance with this chapter.
J.Â
Cannabis retailer, in accordance with this chapter.
Permitted accessory uses shall be as follows:
The following uses shall be prohibited:
A.Â
Outdoor grow area.
B.Â
Agricultural greenhouse.
C.Â
Sale of noncannabis food, noncannabis beverages, alcohol or tobacco
or consumption of food, beverages, alcohol or tobacco on the premises
of a medical cannabis dispensary or a cannabis retailer.
D.Â
Consumption area for either a medical cannabis dispensary or a cannabis
retailer.
E.Â
Any residential use of the property.
F.Â
Cannabis delivery service.
A.Â
Signage for medical cannabis businesses shall be in accordance with
the standards in this chapter, in addition to N.J.A.C. 8:64-12.1.
Standards specific to medical cannabis alternative treatment centers
are as follows:
(1)Â
Alternative treatment centers shall restrict signage to black
text on a white background on external signage.
(2)Â
Alternative treatment center signage shall not be illuminated
at any time.
(3)Â
Alternative treatment centers shall not display on the exterior
of the facility advertisements for medical cannabis or a brand name
except for the purposes of identifying the building by the permitted
name.
(4)Â
Cannabis and paraphernalia shall not be displayed or clearly
visible to a person from the exterior of an alternative treatment
center.
(5)Â
Signs restricting access to the medical cannabis alternative
treatment center shall be installed at the entrance drive and at the
public entrance to the building.
B.Â
In the absence of any specific sign standards adopted by the Cannabis
Regulatory Commission for other medical cannabis businesses or for
adult use cannabis businesses, the signage standards in the Land Use
Ordinance shall be utilized. Should the Cannabis Regulatory Commission
develop standards, the more stringent of the state or municipal standards
shall prevail.
A.Â
A medical or adult use cannabis business shall be developed in accordance
with the standards in this chapter. In the event there is a conflict
with a provision in this article, the provision in this chapter shall
govern.
B.Â
All medical and adult use cannabis business activities shall be conducted
indoors.
Security shall be provided in accordance with N.J.A.C. 8:64-9.7.
A.Â
The parking requirement for a medical or adult use cannabis business,
with the exception of a medical cannabis dispensary or a cannabis
retailer, shall be one space per employee on the main work shift.
B.Â
The parking requirement for a medical cannabis dispensary or a cannabis
retailer shall be one space per 200 square feet of gross floor area.
C.Â
The parking requirement for a medical cannabis alternative treatment
center, which may be a vertically integrated operation, shall be one
space per 200 square feet of gross floor area devoted to the dispensary
function and one space per employee on the main work shift for the
other functions.
A.Â
Buffers alongside and rear property lines shall be a minimum of 25
feet, while buffers along front property lines shall be a minimum
of 30 feet.
B.Â
Screening shall not be required because of the heightened need for
security for a cannabis business.
C.Â
Fencing, a minimum of eight feet tall, shall be installed around
the developed portion of the site that is restricted from public access.
Fencing may be installed around the entire site behind the required
thirty-foot front buffer for a cannabis business, other than a medical
cannabis dispensary or a cannabis retailer.
D.Â
The thirty-foot front buffer shall be an irrigated landscaping bed.
Vegetation in this bed shall not exceed a height of three feet. Additional
landscaping shall not be required because of the heightened need for
security for a cannabis business.
A.Â
No medical cannabis dispensary or cannabis retailer shall be located
closer than 500 feet to a day-care center, park, church, liquor store
or other medical cannabis dispensary or cannabis retailer, or closer
than 1,000 feet to a school (public, charter, parochial, private,
vocational or college), as measured by the shortest distance property
line to property line.
B.Â
No medical cannabis dispensary or cannabis retailer shall be located
further than 15,000 feet from a N.J. Route 55 interchange, Said distance
shall be measured from a point at the center of the 300-foot Route
55 right-of-way (additional right-of-way devoted to ramps excluded)
and the center of the intersecting road right-of-way.
C.Â
Only one medical cannabis company having a state permit or permits
shall be permitted in the City. A medical cannabis dispensary may
or may not be located on the same site as the medical cannabis cultivation
facility. It is recognized that a medical cannabis alternative treatment
center is deemed eligible to apply for adult use cannabis licenses.
D.Â
No cannabis retailer's premises shall be located in or upon any premises
in which operates a grocery store, delicatessen, indoor food market,
or other store engaging in retail sales of food, or in or upon any
premises in which operates a store that engages in licensed retail
sales of alcoholic beverages.
E.Â
Two cannabis retailers having a state license shall be permitted
in the City of Vineland.
[Amended 3-22-2022 by Ord. No. 2022-26]
F.Â
Five cannabis cultivators, five cannabis manufacturers, five cannabis
wholesalers and five cannabis distributors shall be permitted in the
City of Vineland.
[Amended 3-22-2022 by Ord. No. 2022-26]
G.Â
For a medical cannabis dispensary or a cannabis retailer, hours of
operation shall be limited to 8:00 a.m. to 10:00 p.m.
