[6-13-2023 by Ord. No. 2023-006[1]]
Notwithstanding any federal law to the contrary, this chapter
is enacted to regulate and govern the use of cannabis and the number
and types of permits issued in the Township pursuant to the New Jersey
Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, N.J.S.A. 24:6I-32 et seq. ("CREAMMA") (the "Act").
[1]
Editor's Note: This ordinance also changed the title
of this chapter from "Cannabis Transfer Tax" to "Cannabis.
[6-13-2023 by Ord. No. 2023-006]
As used in this chapter, words and phrases shall have the same
meanings they have in the Act 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 CREAMMA 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[1] 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 marijuana 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
for which both a state and local endorsement has been obtained, that
is either: (1) an indoor, structurally enclosed area of the cannabis
retailer that is separate from the area in which retail sales of cannabis
items occurs; or (2) an exterior structure on the same premises as
the cannabis retailer, either separate from or connected to the cannabis
retailer, at which cannabis items obtained from the retailer may be
consumed. This definition shall be consistent with the Recreational
Marijuana Act and all amendments thereto.
Any person or entity holding a Class 1 cannabis cultivator
license issued by the State of New Jersey that grows, cultivates,
or produces cannabis in the State of New Jersey, 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.
Any person or entity holding a Class 6 cannabis delivery
license issued by the State of New Jersey 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.
Any person or entity holding a Class 4 cannabis distributor
license issued by the State of New Jersey that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports 40 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.
A cannabis cultivator, a cannabis manufacturer, or a cannabis
wholesaler. For the purposes of the Township Code, "cannabis establishment"
does not included cannabis retailers; nor does it include Class 6
cannabis delivery service.
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 person or entity holding a Class 2 cannabis manufacturer
license issued by the State of New Jersey, 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.
Any person or entity holding a Class 5 cannabis license issued
by the State of New Jersey 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.
Any person or entity holding a Class 3 cannabis wholesaler
license issued by the State of New Jersey 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.
The New Jersey Cannabis Regulatory Commission established
pursuant to CREAMMA.
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 license by the Cannabis Regulatory Commission
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 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,
shopping area, public transportation facility, vehicle used for public
transportation, parking lot, public library, or any other public building,
structure, or area.
[1]
Editor's Note: See N.J.S.A. 24:6I-1 et seq.
