[HISTORY: Adopted by the Township of Robbinsville 7-26-2021 by Ord. No. 2021-21; amended in its entirety 9-8-2022 by Ord. No. 2022-36.
Amendments noted where applicable.]
Notwithstanding any federal law to the contrary, the purpose
of this chapter is to provide the Township with a means to authorize,
regulate and govern the location and operation of cannabis operations
within the geographic boundaries of the Township and the number and
types of permits and licenses 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").
As used in this chapter, the following terms shall have the
same meanings that they have in the Acts and as 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 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 seq.; "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 seq.; 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 seq.
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.
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. 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, cannabis manufacturer, or cannabis
wholesaler, but not a cannabis distributor, cannabis retailer, or
a 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 seq. 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 seq.
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 from
the State of New Jersey.
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.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
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.
[1]
Editor's Note: See N.J.S.A. 24:6I-1 et seq.
[Amended 2-15-2023 by Ord. No. 2023-8]
The following marketplace class licenses, as defined by CREAMMA,
are authorized to locate and operate within the geographic boundaries
of the Township: Class 1 - Cannabis Cultivator; Class 2 - Cannabis
Manufacturer; and Class 3 - Cannabis Wholesaler. Class 4 - Cannabis
Distributor; Class 5 - Cannabis Retailer; and Class 6 - Cannabis Delivery
Service, as defined by CREAMMA, are hereby expressly prohibited from
locating and operating within the Township.
A.
Purpose. It is the purpose of this section to implement the provisions of both N.J.S.A. 40:48I-1 and 24:6I-46 of CREAMMA, which authorizes a municipality to impose cannabis transfer and user taxes. All terms herein shall be defined the same as defined in N.J.S.A. 24:6I-33 (Section 3 of CREAMMA) and Chapter 88, Cannabis.
B.
Cannabis transfer tax.
(1)
There shall be a local transfer tax, pursuant to CREAMMA, imposed
on the receipts from the sale of cannabis or any cannabis items by
any Class 1, Class 2, or Class 3 business licensed pursuant to CREAMMA
and located in the Township.
[Amended 2-15-2023 by Ord. No. 2023-8]
(2)
There shall be a 2% tax on the receipt of any sale by a holder of
a Class 1 - Cannabis Cultivator license, or Class 2 - Cannabis Manufacturer
license, and a 1% tax on the receipt of any sale by a holder of a
Class 3 - Cannabis Wholesaler license.
[Amended 2-15-2023 by Ord. No. 2023-8]
(3)
The local transfer tax shall be in addition to any other tax or fee
imposed pursuant to statute or local ordinance or resolution by any
governmental entity with regard to cannabis.
(4)
Any transaction for which the local transfer tax is imposed is exempt
from the tax imposed under N.J.S.A. 54:32B-1 et seq., the Sales and
Use Tax Act.
(5)
The local transfer tax shall be stated, charged and shown separately
on any sales slip, invoice, receipt or other statement or memorandum
of the price paid or payable or equivalent value of the transfer for
the cannabis or cannabis item.
C.
Cannabis user tax.
(1)
There shall be a user tax imposed on any concurrent license holder
operating more than one cannabis establishment.
(2)
The user tax shall be equivalent to the transfer tax imposed by Subsection B(2) above and imposed on any concurrent license holder operating more than one cannabis establishment. The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the local transfer tax imposed pursuant to this section, from the license holder's establishment that is located in the Township to any of the other license holder's establishments, whether located in the Township or another municipality.
[Amended 2-15-2023 by Ord. No. 2023-8]
(3)
The user tax shall be in addition to any other tax or fee imposed
pursuant to statute or local ordinance or resolution by any governmental
entity with regard to cannabis. Any transaction for which the user
tax is imposed is exempt from the tax imposed under N.J.S.A. 54:32B-1
et seq., the Sales and Use Tax Act.
(4)
The user tax shall be stated, charged and shown separately on any
sales slip, invoice, receipt or other statement or memorandum of the
price paid or payable or equivalent value of the transfer for the
cannabis or cannabis item.
D.
Collection of cannabis transfer and user tax. In accordance with
the provisions of CREAMMA:
(1)
Every cannabis establishment required to collect the transfer and
user taxes imposed by this section shall be personally liable for
the transfer and user tax imposed, collected, or required by this
section and CREAMMA.
(2)
Any cannabis establishment collecting a transfer tax or user tax
shall have the same right with respect to collecting the tax from
another cannabis establishment or the consumer as if the tax was a
part of the sale and payable at the same time. With respect to nonpayment
of the transfer tax or user tax by the cannabis establishment or consumer,
as if the tax was part of the purchase price of the cannabis or cannabis
item and payable at the same time, provided that the CFO of the municipality
which imposes the transfer tax and user tax is joined as a party in
any action or proceeding brought to collect the transfer tax or user
tax.
(3)
No cannabis establishment required to collect the transfer and user
taxes imposed by this section shall advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the transfer tax or user tax will not be separately charged and
stated to another cannabis establishment or the consumer or that the
transfer tax or user tax will be refunded to the cannabis establishment
or the consumer.
E.
Remittance of cannabis taxes: delinquencies.
(1)
Each cannabis establishment collecting transfer and user taxes pursuant
to this section shall be remitted to the CFO of the municipality on
a monthly basis.
(2)
Every cannabis establishment required to collect transfer tax or
user tax shall be personally liable.
(3)
Delinquent taxes. If the transfer tax or user tax is not paid when
due, the unpaid balance and any interest accruing thereon shall be
a lien on the parcel of real property comprising the cannabis establishment's
premises.
(4)
The lien shall be superior and paramount to the interest in the parcel
of any owner, lessee, tenant, mortgagee, or other person, except the
lien of municipal taxes, and shall be on a parity with and deemed
equal to the municipal lien on the parcel for unpaid property taxes
due and owing in the same year.
(5)
The Township shall file in the office of its tax collector a statement
showing the amount and due date of the unpaid balance of cannabis
taxes and identifying the lot and block number of the parcel of real
property that comprises the delinquent cannabis establishment's premises.
The lien shall be enforced as a municipal lien in the same manner
as all other municipal liens are enforced.
A.
Purpose. This section is enacted to regulate and to implement the
provisions of the acts. Permits granted pursuant to this section shall
be issued to applicants upon a showing of proof of receipt of a state
license/permit granted by the Cannabis Regulatory Commission.
B.
State licenses/permits and Township permits required.
[Amended 2-15-2023 by Ord. No. 2023-8]
(1)
To operate a cannabis establishment within the Township, a state
license and annual Township permit are required.
(2)
Class 4, Class 5, and Class 6 cannabis licensed facilities pursuant
to CREAMMA and medical cannabis cultivators, manufacturers, and dispensaries
pursuant to the Honig Act are strictly prohibited in the Township.
C.
Statements of local support and conformance with zoning.
(1)
The statement of local support required to be submitted as part of
the application for a state license/permit shall be accomplished by
a resolution adopted by the Township Council.
(2)
The statement of conformance with local zoning requirements required
to be submitted as part of the application for a state license/permit
shall be accomplished by a letter signed by the Mayor, or his or her
designee, and the Director of Community Development.
(3)
The issuance of a statement of local support and/or a statement of
conformance with local zoning requirements shall not be construed
to guarantee the issuance of a municipal permit pursuant to this section.
D.
A Township Cannabis Advisory Committee (CAC) as appointed below will
act as the body for local review for the Township for all cannabis
establishments, but the authority and responsibility to activate,
suspend and revoke such licenses remains with the Township Council.
Under all circumstances in which state law requires communication
to the Township by the Cannabis Regulatory Commission or any other
state agency with regard to the licensing of cannabis establishments
by the state, or in which state law requires any review or approval
by the Township of any action taken by the state licensing authority,
the exclusive authority for receiving such communications and granting
such approvals shall be communicated through the Township Clerk's
office upon recommendation by the Township Cannabis Advisory Committee
and authorized by the Township's governing body.
(2)
The CAC shall be supported by the Township Attorney and Township
Planning and Zoning Office. The CAC may request additional resources
as necessary to effectuate the responsibilities of the CAC.
(3)
Of the members of the CAC, no member shall be affiliated with or
related to a New Jersey adult use cannabis business or medical cannabis
establishment or prospective licensee.
(4)
Duties of the CAC will be to advise the Township governing body as
to the issuance of cannabis business permits within the Township of
Robbinsville. The CAC's work shall be based on the information contained
in the application submitted to the Clerk and shall be made consistent
with the criteria outlined in this chapter, in addition to the issuance
of detailed application criteria made available in the application.
(5)
No member of the CAC may hold interest in or be related to an applicant.
E.
Issuance of Township permits.
[Amended 2-15-2023 by Ord. No. 2023-8]
(1)
All applications for annual permits, all permits issued, and all
proceedings under this section shall be in accordance with all applicable
laws of the State of New Jersey.
(2)
All municipal permits required by this section shall be issued by
the Township Council, which shall also administer the provisions of
this section.
(3)
No person shall cultivate, manufacture, or wholesale cannabis without
having obtained a license in accordance with CREAMMA and an annual
permit in accordance with the provisions of this section.
(4)
In order to be granted an annual permit in accordance with this section,
a cannabis cultivator, cannabis manufacturer, or cannabis wholesaler
must satisfy, at a minimum, the following conditions:
(a)
Completion of all forms, checklists, and other submissions as
may be required by the Township Clerk;
(b)
Payment of all applicable local fees, including inspection and
permit fees;
(c)
Demonstration that all applicable state licenses have been obtained;
(d)
Passage of all applicable state and local inspections required
to be completed prior to the beginning of operations and/or renewal
of any state license/permit or local permit;
(e)
Emergency contact information to be utilized by police, fire,
and EMT personnel in the event of an on-site emergency; and
(f)
Submission of a full copy of the application for state licensure,
via hard copy or digitally, with pages prominently marked "confidential"
as appropriate for purposes of compliance with the New Jersey Open
Public Records Act.[2] Pages not marked as confidential shall be disclosed in
response to an applicable OPRA request.
[2]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
(5)
Notwithstanding the foregoing requirements, a notification of award
and conditional permit may be issued and shall entitle the recipient
applicant to pursue a state license in the requisite classification
for up to 12 months, which may be extended in the Township Council's
discretion for an additional six months for good cause. No business
may operate until the applicant has received a state license and satisfied
other prerequisites of municipal permit. If the recipient of a notice
of award and conditional permit has not received a state permit or
license within 12 months from issuance, unless extended for good cause,
the Township Council shall accept new applications and evaluate all
applicants for permitting under the above criteria.
(6)
Term of license and license renewals.
(a)
Any local permit issued pursuant to this chapter that receives
a state cannabis license to operate shall be valid for a period of
one year from the date of state issuance and shall be renewed annually
in accordance with the provisions of this chapter. Upon licensure,
the cannabis establishment shall seek to obtain all land development
approvals, construction permits and be open within one year.
(b)
The Township Council may, at its discretion, adjust the renewal
date of the local permit to correlate with an applicant's state licensing
and renewal schedule.
(c)
Renewal of any permit shall be governed by any code amendments,
additional restrictions or changes in regulations adopted since the
previous permit was issued or renewed in addition to any history of
property maintenance and zoning code violations.
(d)
Except where the Council has received a complete renewal application
along with the requisite fees, and has issued a permit renewal, it
shall be unlawful for any person to manufacture, sell, distribute,
transfer, transport, or otherwise remove cannabis or cannabis products
from the premises of any permit after the expiration date recorded
on the face of the permit.
(7)
A local host agreement with the Township shall be contingent upon
state license approval. Upon receipt of a state license, a local host
agreement shall be fully executed. No applicant shall commence operation
in the Township without execution of an agreement.
F.
Maximum number of permits.
[Amended 2-15-2023 by Ord. No. 2023-8; 4-27-2023 by Ord. No. 2023-22]
(1)
The maximum number of permits in the Township for Class 1 cannabis cultivators licensed under CREAMMA shall be two (2). No more than one (1) Class 1 permit shall be located within any type of zone unless in accordance with Subsection F(4) below.
(2)
The maximum number of permits in the Township for Class 2 cannabis manufacturers licensed under CREAMMA shall be two (2). No more than one (1) Class 2 permit shall be located within any type of zone unless in accordance with Subsection F(4) below.
(3)
The maximum number of permits in the Township for Class 3 cannabis wholesalers licensed under CREAMMA shall be two (2). No more than one (1) Class 3 permit shall be located within any type of zone unless in accordance with Subsection F(4) below.
(4)
Notwithstanding the maximum number of permits established in Subsection F(1), (2), and (3) above, additional Class 1, Class 2, and Class 3 permits may be issued where the additional permit is issued for a building for which a Class 1, Class 2, or Class 3 permit has already been issued for a separate cannabis establishment.
H.
Permits not transferrable. Any permit issued by the Township under
this chapter shall not be transferrable.
I.
Suspension or revocation of permit. Any permit issued under this
section may be suspended or revoked for violation of any provisions
of the Township Code, or any applicable statute or any of the rules
or regulations promulgated by the Cannabis Regulatory Commission.
Suspension or revocation of a permit shall be in addition to any other
penalty which may be imposed for a violation of Township ordinances.
No refund will be issued by the Township for any suspended or revoked
permit.
A.
Prohibition in public places. No person shall consume, use, smoke,
vape, aerosolize, imbibe or possess in any open container any cannabis
or medical cannabis products in or upon public or quasi-public place.
B.
Prohibition in vehicles. No person shall consume, use, smoke, vape,
aerosolize, or imbibe any cannabis or medical cannabis products in
or upon any private vehicle while the vehicle is in motion or parked
upon any such public or quasi-public place.
C.
Prohibition. No person shall smoke, vape, or aerosolize cannabis
items in any place that any other law prohibits the smoking of tobacco,
including N.J.S.A. 2C:33-13 and the New Jersey Smoke-Free Air Act
(N.J.S.A. 26:3D-55 et seq.).
D.
Cannabis consumption areas are strictly prohibited in the Township.
[Amended 2-15-2023 by Ord. No. 2023-8]
Shipping/distribution for cultivation, manufacturing, or wholesaling
uses shall be limited to the hours of 8:00 a.m. to 8:00 p.m.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
civil fine of no less than $100 and no more than $2,000. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense. Any person who is convicted of violating this chapter within
one year of the date of a previous violation of the same provision
of this chapter and who was fined for the previous violation shall
be sentenced by the Court to an additional fine as a repeat offender.
