[Added 8-10-2021 by Ord.
No. 2021-25A]
b.
The Cannabis Law provides municipalities with limited powers that
may be exercised by ordinance.
c.
The Township enacts this subsection in furtherance of its powers
afforded under the Cannabis Law.
d.
The Township adopted this subsection within 180 days of the enactment
of the Cannabis Law to prevent the operation of certain automatic
zoning provisions as provided in Section 31(a) of the Cannabis Law,
codified at N.J.S.A. 24:6I-45(b).
[Added 8-10-2021 by Ord.
No. 2021-25A]
All definitions of words, terms, and phrases that are set forth
in the Cannabis Law are incorporated herein and are made part hereof,
including the following terms, which are set forth herein for ease
of reference:
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.
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.
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.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
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.
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.
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.
[Added 8-10-2021 by Ord.
No. 2021-25A]
a.
The following provisions are established pursuant to the Township's
authority under Section 31(a) of the Cannabis Law, codified at N.J.S.A.
24:6I-45.
b.
The following classes are prohibited in the Township of Holmdel:
c.
Any individual or entity that establishes a facility or takes actions in violation of the provisions of this chapter shall be subject to the penalties contained in § 1-5. In addition, the Township may institute a civil action for injunctive or other relief to enforce the provision of this chapter.
