The following words and phrases, when used in this chapter,
shall have the following meanings:
ALTERNATIVE TREATMENT CENTER
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.
CANNABIS CONSUMPTION AREA
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.
CANNABIS CULTIVATOR
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.
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 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 DISPENSARY or MEDICAL CANNABIS DISPENSARY
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.
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, cannabis manufacturer, cannabis wholesaler,
cannabis distributor, cannabis retailer or cannabis delivery.
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 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 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.
CONSUMER
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.
CONSUMPTION
The act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body.
DIVERSELY OWNED BUSINESS
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:
A.
A minority business pursuant to N.J.S.A. 52:27H-21.18 et seq.;
B.
A women's business pursuant to N.J.S.A. 52:27H-21.18 et seq.;
C.
A disabled-veterans' business, as defined in N.J.S.A. 52:32-31.2;
or
D.
Any combination of Subsection
A through
C above.
LICENSE
A.
Any license issued under relevant state law, including a license
that is designated as either:
(1)
Class 1 cannabis cultivator license.
(2)
Class 2 cannabis manufacturer license.
(3)
Class 3 cannabis wholesaler license.
(4)
Class 4 cannabis distributor license.
(5)
Class 5 cannabis retailer license.
(6)
Class 6 cannabis delivery license.
B.
A person or entity that holds a license is a "licensee."
MANUFACTURE
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
MICROBUSINESS
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:
A.
Employ no more than 10 employees:
B.
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;
C.
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;
D.
Acquire each month, in the case of a cannabis manufacturer,
no more than 1,000 pounds of usable cannabis;
E.
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
F.
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.
PUBLIC PLACE
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.
SOCIAL EQUITY BUSINESS
Under N.J.A.C. 17:30-6.6, a license applicant or license
holder that meets one of the following criteria:
A.
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:
(1)
At the time the initial application is submitted, have lived
in an economically disadvantaged area for five of the 10 preceding
years; and
(2)
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
B.
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:
(1)
At least two marijuana- or hashish-related disorderly persons
offenses; or
(2)
At least one marijuana- or hashish-related indictable offense.
WHOLESALE TRADE
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.
The Township, subject to the provisions of this chapter, land
use approval and state licensure, may issue a maximum of the following
cannabis licenses:
A. One Class 1 cultivator license.
B. One Class 2 manufacturer license.
C. One Class 3 wholesaler license.
D. One Class 4 distributor license.
E. Four Class 5 retailer licenses.
F. Five Class 6 delivery 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 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
|
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.
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.