[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 6-17-2020 by Ord. No. B-267. Amendments noted where applicable.]
There is hereby created a Medical Cannabis Review Board ("Review Board") which shall serve as an advisory committee to the City of Hoboken whose duty it shall be to review site plan applications for medical cannabis dispensary or clinical registrant within the City of Hoboken pursuant to § 196-33.1 for the impact on the safety, public health and general welfare and provide a report of the application to the applicable land use board. The Review Board may also, at its discretion, authorize a medical cannabis dispensary or clinical registrant to operate an on-site medical cannabis consumption area pursuant to the rules and regulations set forth in N.J.S.A. 24:6I-21.
The Review Board shall be comprised of three members: The Mayor or his or her designee, a City Councilmember to be designated by Council, and the Director of Health and Human Services. The Mayor's designee shall serve for the term of the Mayor who appointed him or her and until a successor is a appointed. The Council designee shall be appointed on an annual basis at the City Council's reorganization meeting.
The Review Board and the actions thereof are subject to the enabling authority of the State of New Jersey and the "Jake Honig Compassionate Use Medical Cannabis Act." If any provision of this section are found to be inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall govern.
Editor's Note: See N.J.S.A. 24:6I-1 et seq.
The purpose of the Medical Cannabis Review Board is to assure the public health, safety, and general welfare of the City of Hoboken and its residents, business establishments and visitors.
As used in this chapter, the following terms shall have the meanings indicated:
- ADMINISTRATIVE OFFICER
- The Director of Community Development or his or her designee shall act as the administrative officer for accepting and processing of applications to the Medical Cannabis Review Board. The administrative officer shall be the point of contact for all communication between the City of Hoboken and the state licensing authority or any other state agency with regard to the medical cannabis dispensaries or clinical registrants. The Administrative Officer, in consultation with the Medical Cannabis Review Board, shall enforce the provisions of this code.
- The meaning given to "marijuana" in section 2 of the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-2).
- CANNABIS ACT
- The Jake Honig Compassionate Use Medical Cannabis Act. (Approved July 2, 2019), P.L. 2019, c. 153, revising and supplementing P.L. 2009, c. 307: N.J.S.A. 24:61-1 et seq.
- CANNABIS PERMIT
- The documents, also referred to as a license, issued by the New Jersey Department of Health or other state agency authorized to issue a medical cannabis dispensary permit/license.
- CANNABIS PERMITTING AUTHORITY
- The Division of Medicinal Marijuana within the New Jersey Department of Health and/or New Jersey Cannabis Regulatory Commission and/or any other successor state entity with the statutory and regulatory authority to issue medical cannabis dispensary permits or permit endorsements.
- CLINICAL REGISTRANT
- An entity that has a written contractual relationship with an academic medical center in the region in which it has its principal place of business, which includes provisions whereby the parties will engage in clinical research related to the use of medical cannabis and the academic medical center or its affiliate will provide advice to the entity regarding patient health and safety, medical applications, and dispensing and managing controlled dangerous substances, among other areas.
- MEDICAL CANNABIS DISPENSARY OR ALTERNATIVE TREATMENT CENTER ("ATC")
- A business entity, which shall include clinical registrants, that is authorized by the State of New Jersey to 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 pursuant to written instructions issued by a health care practitioner pursuant to the requirements of P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.). The term shall include the act of furnishing medical cannabis to a medical cannabis handler for delivery to a registered qualifying patient. A medical cannabis dispensary permit shall not authorize the permit holder to cultivate medical cannabis, to produce, manufacture, or otherwise create medical cannabis products.
Site plan application review. The Review Board shall receive and review copies of all applications pursuant § 196-33.1 and shall provide a recommendation in writing ("report") to the Planning Board or Zoning Board of Adjustment prior to declaration of completeness by the appropriate board.
Consumption endorsement review. The Review Board shall receive and review copies of state endorsement on-site consumption applications pursuant N.J.S.A. 24-6I-21 and shall provide an approval in writing ("report") to the City Council who shall adopt a resolution of approval to the state.
Consumption endorsement application. Applicants seeking municipal approval for consumption area on the premises at a medical cannabis dispensary or a clinical registrant shall file an application with the Administrative Officer, on a standardized form established by the City and available in the office of the City Clerk and on the City's website. An application shall be deemed incomplete, and shall not be processed by the Administrative Officer, until all documents and application fees are submitted. To be deemed complete, all applications shall be accompanied by the following:
The applicant shall submit proof of authorization or endorsement by the State of New Jersey for operation of a medical cannabis dispensary or as a clinical registrant.
The applicant shall submit proof that the applicant has or will have lawful possession of the premises proposed for the medical cannabis dispensary, which proof may consist of the following: a deed, a lease, a real estate contract contingent upon successful municipal approval.
The applicant shall submit an affidavit 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, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. Violation of this statute shall be grounds for revocation of approval and/or disciplinary action by the City of Hoboken.
The report shall provide recommendations regarding the impact on the public health, safety and general welfare of the City such as address location, odor mitigation, security protocol, noise mitigation, parking, and existing New Jersey operations, if any, and other regulations pursuant to § 196-33.1.
For site plan application, the Review Board shall have 45 days to issue its its report to the Planning Board or Zoning Board.
For the consumption endorsement the Review Board shall have 60 days issue its report to the City Council for a resolution.
The medical cannabis dispensary shall provide additional clarification and/or supplementation within 10 days after any written request by the Review Board for the same.
Reinvestment of application fees. The application fees for endorsement of a medical cannabis dispensary, a clinical registrant, or a new or renewed on-site medical cannabis consumption area shall be used for public education and/or increased public safety in the area surrounding the dispensary. A separate account shall be established for collection and disbursement of said funds by the Medical Cannabis Review Board with the advice and consent of the City Council.