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:
CANNABIS
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 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.
CANNABIS CONSUMPTION AREA
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:
A.
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
B.
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 CULTIVATOR
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.
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 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.
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 from the State of New Jersey.
CANNABIS ESTABLISHMENT
A cannabis cultivator, cannabis manufacturer, or cannabis
wholesaler, but not a cannabis distributor, cannabis retailer, or
a cannabis delivery service.
CANNABIS ITEM
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.
CANNABIS MANUFACTURER
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.
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 from
the State of New Jersey.
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 from the State of New Jersey.
MANUFACTURE
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
PUBLIC PLACE or QUASI-PUBLIC PLACE
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.
[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.
[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.