[HISTORY: Adopted by the Township Committee of the Township
of Maplewood 12-21-2021 by Ord. No. 3048-21; amended in its entirety 4-19-2022 by Ord. No. 3055-22. Amendments noted where applicable.]
The following words and phrases, when used in this chapter,
shall have the following meanings:
An organization issued a permit pursuant to the "Jake Honig
Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et seq.) to operate as a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to Section
7 of that Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis
cultivator permit, a medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
A designated location operated by a cannabis retailer or
permit holder for dispensing or selling 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 premises,
at which cannabis items or medical cannabis either obtained from the
cannabis retailer or permit holder, or brought by a person to the
consumption area, may be consumed. A cannabis consumption area shall
be designated by conspicuous signage indicating whether the cannabis
consumption area may be used for the on-premises consumption of medical
cannabis, personal use cannabis, or both.
Any licensed person or entity that grows, cultivates, or
produces adult-use 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 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 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.
An organization issued a permit by the CRC 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 Subsection i of Section
27 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-20); 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.
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, cannabis manufacturer, cannabis wholesaler,
cannabis distributor, cannabis retailer or cannabis delivery.
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.
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.
A person 21 years of age or older who purchases, directly
or through a cannabis delivery service, acquires, owns, holds, or
uses cannabis items for personal use by a person 21 years of age or
older, but not for resale to others.
The act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body.
A license applicant or 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.
A person or entity licensed under P.L. 2021, c. 16 (N.J.S.A.
24:6I-31 et seq.) 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.
A license issued by the Township of Maplewood.
Any place to which the public has access to that is not privately
owned; or any place to which the public has access to where alcohol
or cannabis 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.
Under N.J.A.C. 17:30-6.6, a license applicant or license
holder that meets one of the following criteria:
More than 50% of the ownership interest of the license applicant
or license holder is held by one or more persons that demonstrate
one of the following criteria:
At the time the initial application is submitted, have lived
in an economically disadvantaged area for five of the 10 preceding
years; and
Are, at the time the initial application is submitted and based
on the preceding year's income, a member of a household that has a
total household income that is 80% or less of the average median household
income in the state, as determined annually by the U.S. Census Bureau;
or
More than 50% of the ownership interest of the license applicant
or license holder is held by one or more persons who are eligible
to be pronounced rehabilitated in accordance with N.J.A.C. 17:30-7.12(e),
if necessary, and have been adjudicated delinquent for, or convicted
of, whether expunged or not, in this state, another state, or the
federal government:
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
It is the intention of the Township Committee that the definitions in § 98-1 are and remain consistent with the laws of the State of New Jersey. In the event that the meaning of any of the above words and phrases is not consistent with state law now or in the future, the state law definition shall govern.
A.
No person or entity shall operate as a cannabis establishment in
the Township of Maplewood unless a cannabis license is issued by the
State of New Jersey in accordance with CREAMMA and municipal cannabis
license issued by the Township of Maplewood pursuant to this chapter.
B.
The sale of cannabis shall be conducted in compliance with all laws,
ordinances, regulations or policies applicable to similar activities.
C.
No person or entity shall operate as an alternative treatment center
unless a license is issued by the State of New Jersey.
D.
An alternative treatment center may convert to a cannabis establishment
after obtaining written approval from the State of New Jersey and
Township of Maplewood and receiving appropriate state and municipal
licenses.
E.
Properly state-licensed cannabis delivery services may deliver in
the Township of Maplewood as authorized by state law subject to this
chapter.
A.
The Township Committee is hereby designated to act as the local licensing
authority of the Township for all cannabis establishments.
B.
The Township Committee may approve or deny an application for a municipal
cannabis license to operate a cannabis establishment at its sole discretion,
consistent with all governing state law, based on an evaluation of
the benefits to the Township.
C.
If the applicant for a municipal cannabis license does not hold a
valid state issued license, then a license issued by the Township
is conditional and contingent upon the subsequent receipt of a state
permit or license of the same class or type of regulated cannabis
activity. Under no circumstances shall a municipal license for a cannabis
establishment issued by the Township Committee be effective unless
and until the state has issued the requisite permits or licenses to
operate such a facility.
D.
All municipal cannabis licenses shall be issued for the term of one
year and shall expire one year after the date of issuance.
E.
A municipal cannabis license shall not be transferable, assignable,
or divisible.
The Township, subject to the provisions of this chapter, land
use approval and state licensure, may issue a maximum of the following
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. The Township Committee shall
establish a reasonable application period and deadline for all applications.
An application shall be deemed incomplete, and shall not be processed,
until all documents and application fees are submitted. To be deemed
complete, all applications shall be accompanied by the following:
A.
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 entrant contingent upon successful licensing.
B.
The applicant shall submit an affidavit and 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 on race, color, religion (creed), gender, gender expression,
gender identity, age, national origin (ancestry), disability, marital
status, sexual orientation, or military status, in any of its activities
or operations.
C.
The applicant has received a zoning review from the Maplewood Building
Department indicating the location proposed for licensing either complies
with all applicable municipal zoning laws or requires approval from
the Maplewood Planning Board or Maplewood Zoning Board of Adjustment.
D.
The applicant shall submit, to the satisfaction of the Township Committee,
proof of financial capability to open and operate the cannabis establishment
for which the applicant is seeking a license. Standards for proof
of financial capability shall be determined by the Township Committee.
E.
The applicant shall submit all required fees for the application
and conditional license in accordance with the fee schedule set forth
in this chapter. All fees shall be nonrefundable except as expressly
provided herein.
F.
Any person proposed to have an ownership interest in the license
shall not have had any cannabis license or permit revoked for a violation
affecting public safety in the State of New Jersey or a subdivision
thereof within the preceding five years.
G.
The applicant and the application shall otherwise comply with any,
and all qualification standards set forth in the state and Township
laws or regulations.
A.
In the event there are multiple applicants for a limited number of
licenses, the Township Committee shall evaluate all applicants on
the following criteria, not in a particular order or rank of importance:
(1)
Applicant's owners' or principals' qualifications and experience
operating in highly regulated industries, including cannabis, healthcare,
pharmaceutical manufacturing, and retail pharmacies, with preference
to experience operating such businesses within the State of New Jersey
and where the value of owners' experience shall outweigh the experience
of non-owner principals (up to 10 points, response not to exceed 2,500
words):
(2)
Applicant's description for the storage of products, physical security,
video surveillance, security personnel, and visitor management (up
to five points, response not to exceed 2,500 words);
(3)
Applicant's demonstrated commitment or sufficient experience as responsible
employers, for example providing employee health care insurance and/or
paid family leave; paying a $15 minimum wage (up to five points, response
not to exceed 1,500 words). In the alternative, if an applicant entity
or its parent company is a party to a collective bargaining agreement
in the regulated cannabis industry for at least one year prior to
an application for a municipal cannabis license, the applicant will
automatically receive five points and no further response for Item
C is necessary;
(4)
Applicant's written commitment to employ Maplewood residents in at
least 50% of full-time equivalent positions (up to 10 points, response
not to exceed 1,000 words).
(5)
Summary of the applicant's environmental impact and sustainability
plan (up to five points, not to exceed 1,000 words);
(6)
Applicant's ties to the host community, demonstrated by at least
one owner's proof of residency in Maplewood for five or more years
or at least one owner's continuous ownership of a business based in
Maplewood for five or more years in the past 10 years (five points);
(7)
Applicant's proposal to provide community benefits (up to 10 points,
response not to exceed 3,000 words);
(8)
Applicant's demonstrated commitment to diversity in its ownership
composition and hiring practices (up to 10 points, response not to
exceed 1,500 words).
(9)
Total up to 60 points.
A.
The hours of operation of a Class 5 retailer shall be no earlier
than 8:00 a.m. and no later than 10:00 p.m. on Monday through Sunday.
The hours of operation or other classes of licenses shall follow Township
regulations.
B.
No persons under the age of 21 shall be allowed in a cannabis establishment
No person under the age of 18 shall be allowed in an alternative treatment
center.
C.
No cannabis shall be smoked, eaten or otherwise consumed or ingested
on the premises of any cannabis establishment. Consumption or ingestion
shall not be permitted at any public place.
D.
The sale or consumption of alcohol at a licensed cannabis entity
shall be prohibited.
E.
Cannabis consumption areas shall be prohibited.
F.
A cannabis establishment shall be secured and have full-time security
protocols in place subject to review and approval from the Maplewood
Police Department which shall include at least a twenty-four-hour
security video system with footage to be kept for at least 30 days
and a vault for storage of money when the cannabis establishment is
closed. Prior to the commencement of any operations, a cannabis establishment
must first obtain from the Maplewood Police Chief, or the Chief's
designee, written approval of the cannabis establishment's security
protocols. The Maplewood Police Chief, or Chief's designee, shall
have authority to require additional safety and security measures.
G.
A cannabis establishment shall provide the Maplewood Police Department,
Fire Department and Department of Community Development with the name,
e-mail address and twenty-four-hour phone number of the responsible
staff person for the cannabis establishment to notify during suspicious
activity or an emergency.
H.
In no event shall a Class 1 cultivator establishment, a Class 2 manufacturer
establishment, a Class 3 wholesaler establishment, a Class 4 distributor
establishment, or a Class 6 delivery establishment be open to the
public.
I.
A Class 6 delivery establishment shall submit an identification plan
to the Township detailing all measures taken to ensure compliance
that delivery patrons are at least 21 years of age.
A cannabis establishment shall pay initial and renewal application
fees and annual registration fees according to the following schedule:
|
Initial Application Fee
|
Annual Registration Fee
| |
|---|---|---|
|
Class 1 cultivator
|
$2,500
|
$2,500
|
|
Class 2 manufacturer
|
$2,500
|
$2,500
|
|
Class 3 wholesaler
|
$2,500
|
$2,500
|
|
Class 4 distributor
|
$2,500
|
$2,500
|
|
Class 5 retailer
|
$2,500
|
$2,500
|
|
Class 6 delivery
|
$750
|
$750
|
|
Microbusiness
|
$1,000
|
$1,000
|
A.
Pursuant to N.J.S.A. 24A:6I-10(i) of the Jake Honig Compassionate
Use Medical Cannabis Act and N.J.S.A. 40:481-1(a)(l) of CREAMMA, there
is hereby established a cannabis transfer tax in the Township of Maplewood
which shall be fixed at a uniform percentage rate of 2% on all sales
or transfers of cannabis products from a cannabis establishment, except
for sales or transfers of cannabis products from a cannabis wholesaler
which shall be taxed at a percentage rate of 1% on all sales or transfers
of cannabis products.
B.
The cannabis transfer tax shall be in addition to any other tax or
fee imposed pursuant to statute, state and federal, or local ordinance
or resolution by any government entity upon a cannabis establishment.
C.
The tax imposed by this section shall be paid to the Township on
a quarterly basis no later than the 15th day of the month following
the last month of the quarter along with a report certified as true
and accurate by the cannabis establishment's Chief Financial Officer,
Controller or other similarly situated person showing the gross revenues
for the cannabis establishment for each month of the quarter.
D.
A cannabis establishment operating within the Township of Maplewood
shall filed on an annual basis no later than February 1 of each year
a financial report from an independent accountant certifying as to
the annual revenues for the preceding year.
E.
A copy of this section shall be transmitted to the State Treasurer
and to every cannabis establishment within the Township of Maplewood.
Maplewood's Health Department, Community Development Department,
Police Department, and Fire Department shall, from time to time, make
an inspection of the cannabis establishment for the purpose of determining
whether the provisions of this section are complied with. It shall
be unlawful for any licensed cannabis entity to refuse to allow such
inspection or to hinder such an inspection.
A.
Any violation of the provisions of this chapter shall be punishable
by a civil fine of $2,000. Each day that a violation is committed,
exists or continues shall be deemed a separate and distinct offense.
All violations shall be reported to the CRC.
B.
Subsequent violations of the provisions of this chapter may result
in suspension of the license. When the Township Committee has reasonable
grounds to believe that a licensee has engaged in deliberate and willful
violation of any applicable law or regulation, or that the public
health, safety, and/or general welfare has been jeopardized and requires
emergency action, the Township Committee may order the immediate suspension
of such license pending further investigation. The foregoing suspensions
are in addition to the Township's right to seek other appropriate
and proper remedies, including actions in law or equity.
A.
Zoning. Cannabis establishments shall be a permitted use as follows:
|
Cannabis License Classes
|
Zones
|
|---|---|
|
1 Cultivator
|
Commercial/Industrial
Special Light Industrial District
Redevelopment Area 2
|
|
2 Manufacturer
|
Commercial/Industrial
Special Light Industrial District
Redevelopment Area 2
|
|
3 Wholesaler
|
Commercial/Industrial
Special Light Industrial District
Redevelopment Area 2
|
|
4 Distributor
|
Commercial/Industrial
Special Light Industrial District
Redevelopment Area 2
|
|
5 Retailer
|
Neighborhood Business
Parkside
Pedestrian Business
Retail Business
Redevelopment Area 3
Baker Street Redevelopment Area
Post Office Redevelopment Area
Highway Business Zone
|
|
6 Delivery
|
All residential, business and office business zones
|
B.
Cannabis buffer zones.
(1)
The primary entrance of a cannabis establishment shall not be closer
than 500 feet from the primary entrance of the nearest public or private
K-12 school or 200 feet from the primary entrance of the nearest house
of worship. The buffer zone distance shall be measured in a straight
line from the geometric center of the primary entrance of the cannabis
establishment to the geometric center of the primary entrance of the
nearest preexisting public or private K-12 school or house of worship,
unless there is an impassable barrier; in these cases, the buffer
zone distance shall be measured along the center of the shortest publicly
accessible pedestrian travel path.
(2)
The primary entrance of a cannabis retail establishment shall not
be closer than 500 feet from the primary entrance of another cannabis
retail establishment. Notwithstanding the foregoing, within the Maplewood
Village Special Improvement District, two cannabis microbusinesses
shall be located no closer than 100 feet from each other as measured
from the primary entrance of each.
[Amended 11-14-2022 by Ord. No. 3072-22]
C.
Signage. Any signage for a cannabis establishment shall be subject
to the regulations of the CRC and Township of Maplewood. In Maplewood's
Special Improvement Districts, signage must be approved by the district
management organization.
D.
Prohibited uses. Except as expressly permitted by this chapter, any
activity involved in the cultivation, manufacture, processing, testing,
dispensation, distribution and/or sale of cannabis, marijuana or cannabis
products are expressly prohibited as land uses or otherwise in the
Township of Maplewood.
E.
Product display and storage. No cannabis products shall be visible
from a public sidewalk, public street or right-of-way, or any other
public place. All cannabis products shall be stored securely indoors
and on-site.
F.
Entrances. An entrance to a cannabis establishment shall be through
a separate entrance, independent from any other retail or residential
ingress to the building.
G.
Home-based businesses. No cannabis establishment, except a cannabis delivery establishment, shall be allowed as a home-based business as defined in § 271-3 of the Maplewood Code.
H.
Vehicles. No cannabis establishment shall be housed in a vehicle
or any movable or mobile structure.
I.
Odor. A cannabis establishment shall provide an air treatment system
with sufficient odor-absorbing ventilation and exhaust systems such
that any odor generated inside the facility is not detectable by a
person of reasonable sensitivity at the property line of the subject
property. Odor from the facility shall be monitored on a regular basis
at the discretion of the Township by a licensed, qualified contractor
chosen by the Township at a cost that shall be paid for by the property
owner.
If any section, paragraph, subparagraph, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the specific section, paragraph, subparagraph, clause
or provision so adjudged and the remainder of the chapter shall be
deemed valid and effective.
Ordinances or parts of ordinances inconsistent with the provisions
of this chapter be and the same are hereby repealed to the extent
of any such inconsistencies.
This chapter shall take effect after final passage and publication
as provided by law and with filing a copy with the Essex County Planning
Board and serving a copy on adjacent municipalities.
