[Added 9-13-2021 by Ord.
No. 21-1760; amended 4-18-2022 by Ord. No. 22-1770]
Cannabis wholesalers and distributors, as said terms are defined
in Section 3 of P.L. 2021, c. 16 (New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act),[1] shall be prohibited in all zones in the municipality,
but the delivery of cannabis items and related supplies by a delivery
service is permissible. Cannabis delivery services shall only be permitted
if they are owned by and located on the same premises as a licensed
cannabis retail business.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Added 9-13-2021 by Ord.
No. 21-1760; amended 4-18-2022 by Ord. No. 22-1770; 8-21-2023 by Ord. No. 23-1807]
a.
Cannabis cultivators, manufacturers, and retailers, as said terms
are defined in Section 3 of P.L. 2021, c. 16 (New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act),[1] shall only be permitted uses in the Township as set forth in this chapter and in Chapter 17.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
b.
The number of cannabis cultivators and/or manufacturers in the Township
shall not exceed one. A single entity that holds both a cannabis cultivator
license and a cannabis manufacturer license shall be permitted.
c.
The number of cannabis retailers in the Township shall not exceed
two.
d.
Cannabis delivery services shall only be permitted if they are owned
by and located on the same premises as a licensed cannabis retail
business.
[Added 9-13-2021 by Ord.
No. 21-1760]
As used in this chapter, 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 in accordance with P.L. 2021, c.
16 (N.J.S.A. 24:6I-31 et seq.) 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.
Any person or entity that holds any of the six classes of
licenses established under P.L. 2021, c. 16, the "New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act."[1]
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.
[Added 4-18-2022 by Ord.
No. 22-1770]
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.
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
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.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
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.
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:
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.
An independent, third-party entity meeting accreditation
requirements established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
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.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Added 9-13-2021 by Ord.
No. 21-1760]
a.
Any request for a resolution of local support, pursuant to N.J.S.A.
24:6I-7.2, shall include a concept plan indicating how applicant intends
on complying with the Township's zoning, site plan and licensing requirements.
b.
A resolution of local support does not constitute final approval for local licensure. A local license shall only be granted as set forth in § 24-5 of this Code.
c.
The Township Committee shall consider proposals for a resolution
for local support in the order that the proposals are submitted.
[Added 9-13-2021 by Ord.
No. 21-1760]
a.
No cannabis business may lawfully operate in Hopewell Township without
the issuance of a state permit or license and full regulatory oversight
of the cannabis business by the Cannabis Regulatory Commission or
other state licensing authority, as well as oversight and issuance
of a license by the Township in accordance with the provisions of
this chapter.
c.
A license to operate shall be granted by the Township Committee when
the applicant has submitted evidence that it:
d.
Each local license shall be effective from January 1 until December
31 and shall be annually renewed upon the submission of a renewal
application and renewal fee provided all conditions and requirements
of applicable state law and this chapter are met.
e.
Any conditions of land use approval may be incorporated as conditions
of the local license.
[Added 9-13-2021 by Ord.
No. 21-1760; amended 4-18-2022 by Ord. No. 22-1770]
a.
The application fee for a cannabis cultivator, cannabis manufacturer,
cannabis retailer, or cannabis delivery service license shall be $5,000.
The fee shall be nonrefundable. A single cannabis business that seeks
to obtain both a cannabis cultivator and cannabis manufacturer license
shall remit application fees for both license types. A single cannabis
business that seeks to obtain both a cannabis retailer and cannabis
delivery service license shall remit application fees for both license
types.
b.
The annual registration fee for a cannabis cultivator, cannabis manufacturer,
cannabis retailer or cannabis delivery service license shall be $5,000.
A single cannabis business that maintains both a cannabis cultivator
and cannabis manufacturer license shall remit annual registration
fees for both license types. A single cannabis business that seeks
to obtain both a cannabis retailer and cannabis delivery service license
shall remit application fees for both license types.
[Added 9-13-2021 by Ord.
No. 21-1760; amended 4-18-2022 by Ord. No. 22-1770]
[Added 9-13-2021 by Ord.
No. 21-1760; amended 4-18-2022 by Ord. No. 22-1770]
A cannabis business licensee shall maintain security on the
site in accordance with the security plan that is approved by the
Police Director/Chief. Such plan shall include appropriate fencing,
security personnel, lighting, transport of product and receipts, and
site control features that prevent unauthorized entry. All growing
areas shall be fully enclosed by a six-foot-tall fence of a material
and strength to prevent unauthorized access and public viewing. All
storefront windows for cannabis retail establishments shall be heavily
tinted or blacked out.
[Added 9-13-2021 by Ord.
No. 21-1760]
a.
The cannabis business shall prevent and eliminate any conditions
on the site that constitute a nuisance.
b.
The cannabis business shall maintain the exterior of the site, including
any parking lots under the control of the permittee, free of litter,
debris, and trash.
c.
The cannabis business shall properly store and dispose of all waste
generated on the site, including chemical and organic waste, in accordance
with all applicable laws and regulations. No permittee shall dispose
of cannabis or cannabis products unless they have been made unusable
and unrecognizable.
[Added 9-13-2021 by Ord.
No. 21-1760]
The cannabis business licensee shall implement measures to prevent
cross-pollination and to prevent cannabis pollen and seeds from leaving
the premises, including, but not limited to, use of pollen screens,
ultraviolet light and methods to ensure that employees and other visitors
do not leave the premises while carrying any cannabis pollen or seeds.
[Added 9-13-2021 by Ord.
No. 21-1760; amended 4-18-2022 by Ord. No. 22-1770]
[Added 9-13-2021 by Ord.
No. 21-1760]
a.
Any violation of the terms of this chapter, of any condition of the
license, or of any state, or local law or regulation may result in
the revocation of the license and may further subject the licensee
to any applicable penalties.
b.
The provisions of this chapter shall be enforced by the Township
Police Department, Township Zoning Officer and/or Township Health
Officer as appropriate based on the nature of the violation.
[Added 4-18-2022 by Ord.
No. 22-1770]
Cannabis retail sales to minors under the age of 21 are strictly
prohibited.
[Added 4-18-2022 by Ord.
No. 22-1770]
Cannabis consumption areas are prohibited in the Township.
