Notwithstanding any federal law to the contrary, this chapter
is enacted to regulate and govern the use of cannabis and medical
cannabis and the number and types of permits issued in the Township
pursuant to New Jersey's Jake Honig Compassionate Use Medical Cannabis
Act, N.J.S.A. 24:6I-1, et seq. ("Honig Act"), and the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, N.J.S.A. 24:6I-32 et seq. ("CREAMMA") (collectively "the Acts")
as well as regulations promulgated by the Cannabis Regulatory Commission
(CRC).
As used in this chapter, words and phrases shall have the same
meanings they have the Acts and as follows:
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 CREEMMA for
use in cannabis products as set forth in that 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 Honig Act and N.J.S.A. 18A:40-12.22 et al.;
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, N.J.S.A. 2C:35B-1 et seq., or marihuana as defined in N.J.S.A.
24:21-2 and applied to any offense set forth in the "New Jersey Controlled
Dangerous Substances Act," N.J.S.A. 24:21-1 et al.; or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the "New Jersey Hemp Farming Act," N.J.S.A. 4:28-6 et al.
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 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 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. Cannabis consumption areas are prohibited in
the Township.
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. There shall be no outdoor cultivation. This person or
entity shall hold a Class 1 cannabis cultivator license from the State
of New Jersey.
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 from the State of New Jersey.
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 from the State of New Jersey.
A cannabis cultivator, a cannabis manufacturer, cannabis
retailer, a cannabis wholesaler, or a testing laboratory. For the
purposes of the Township Code, "cannabis establishment" does not include
Class 6 cannabis delivery services which are permitted in the Township.
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. "Cannabis item" does not include any
form of medical cannabis dispensed to registered qualifying patients
pursuant to the Honig Act and N.J.S.A. 18A:40-12.22 et al. or hemp
or a hemp product cultivated, handled, processed, transported, or
sold pursuant to the "New Jersey Hemp Farming Act, N.J.S.A. 4:28-6
et al.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, or 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
from the State of New Jersey.
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.
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 from the State of New Jersey.
The New Jersey Cannabis Regulatory Commission established
pursuant to CREAMMA.
A CRC license applicant or CRC license-holder where the entity
has been certified, pursuant to the criteria in N.J.A.C. 17:30-6.4,
as:
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
Cannabis dispensed to registered qualifying patients pursuant
to the Honig Act and N.J.S.A. 18A:40-12.22 et al. "Medical cannabis"
does not include any cannabis or cannabis item which is cultivated,
produced, processed, and consumed in accordance with CREAMMA.
An organization holding a permit issued by the Cannabis Regulatory
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 Cannabis Regulatory
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 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 dispensary permit shall not authorize the permit
holder to cultivate medical cannabis, to produce, manufacture, or
otherwise create medical cannabis products. Medical cannabis dispensaries
are prohibited in the Township.
A medical cannabis cultivator, a medical cannabis manufacturer,
or a testing laboratory.
An organization issued a permit by the Cannabis Regulatory
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 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 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 employ
no more than 10 employees; 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; 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; acquire each
month, in the case of a cannabis manufacturer, no more than 1,000
pounds of usable cannabis; 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 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.
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, school, 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.
A CRC license applicant or CRC license-holder that meets
the requirements of N.J.A.C. 17:30-6.6.
An independent, third-party laboratory that is a "cannabis
testing facility" and/or a "a medical cannabis testing laboratory"
that is licensed by the CRC to perform testing services, including
analysis and certification of compliance with applicable health, safety,
and potency standards, on usable cannabis for personal or medical
use and cannabis and medical cannabis products.
