[HISTORY: Adopted by the Township Committee of the Township
of Winslow 11-26-2019 by Ord. No. O-2019-025. Amendments noted where applicable.]
A.
ACT
ALTERNATIVE TREATMENT CENTER (ATC) or MEDICAL MARIJUANA ALTERNATIVE
TREATMENT CENTER
MARIJUANA
MARIJUANA LICENSEE
MEDICAL MARIJUANA BUSINESS
MEDICAL MARIJUANA CULTIVATION CENTER or CULTIVATION CENTER
MEDICAL MARIJUANA DISPENSARY or DISPENSARY
MEDICAL MARIJUANA MANUFACTURING FACILITY
MEDICAL MARIJUANA PROGRAM or MMP
MEDICAL USE OF MARIJUANA
PARAPHERNALIA
PERMIT
PERMITTING AUTHORITY
USABLE MARIJUANA
VERTICAL INTEGRATION
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The New Jersey Compassionate Use Medical Marijuana Act, P.L.
2009, c. 307 (approved January 18, 2010), codified at N.J.S.A. 24:6I-1
et seq.
An organization authorized through licensure issued by the
N.J. State Department of Health and the Board of Medical Examiners
to perform activities necessary to provide registered qualifying patients
with usable marijuana and related paraphernalia in accordance with
the provisions of the Act. For the purposes of zoning, an "ATC" is
the interface between provider and patient and is synonymous with
a medical marijuana dispensary. Cultivation and manufacturing, unless
within the same structure or property as a dispensary, shall be treated
as a separate use category though it may be part of the license issued
by the state for a single entity.
The definition as provided in Section 2 of the New Jersey
Controlled Dangerous Substances Act, P.L. 1970, c. 226 (effective
January 17, 1971), codified at N.J.S.A. 24:21-1 et seq.
Any person licensed or registered pursuant to the Act.
Encompasses all components of the industry as are consistent
with the Act. Accordingly, it shall mean any business involved in
cultivating, manufacturing, distribution, sales, or testing of medical
marijuana.
A building, structure, or premises used for the cultivation
or storage of medical marijuana. It includes the planting, propagating,
cultivation, growing, harvesting, labeling or manufacturing, compounding
and storing of medicinal marijuana for the limited purpose of this
chapter. A cultivation center may be physically separate and off-site
from the associated licensee's ATC medical marijuana dispensary.
When connected to, or part of, the same property which an ATC dispenses
from, it is considered part of the ATC. This includes greenhouses,
commercial/industrial warehouse setups, hydroponic systems, etc.
An ATC facility that acquires, possesses, sells, distributes,
transmits, gives, dispenses, or otherwise provides medical marijuana
to qualifying patients.
A facility involved with compounding, making, and processing
of medical marijuana in all forms, including those that involve food
handling.
The program within the Department of Health, which is responsible
for the administration and implementation of activities related to
the Act.
The acquisition, possession, transport or use of marijuana
or paraphernalia by a registered qualifying patient as authorized
by the Act.
The definition as provided in N.J.S.A. 2C:36-1.
The documents issued by the Department of Health pursuant
to this chapter granting the legal right to operate as an alternative
treatment center for a specified time.
The Medicinal Marijuana Program within the Department of
Health, for which the mailing address is P.O. Box 360, Trenton, NJ
08625-0360.
The dried leaves and flowers of the female marijuana plant,
and any mixture or preparation thereof, but does not include the seedlings,
stems, stalks, or roots of the plant.
The co-location or combination of the following activities
related to the production of usable marijuana for qualifying patients
within a single corporate entity: cultivation, manufacturing, and
dispensing.
B.
Limitations on alternative treatment dispensaries within the Township.
(1)
The number of alternative treatment center dispensaries permitted
within the Township is based on population. A maximum of one alternative
treatment center shall be permitted for every 5,000 people or fraction
thereof. Population shall be determined by the most-recent data available
from the U.S. Census Bureau and the N.J. State Department of Labor,
Bureau of Statistics.
(2)
Distance between alternative treatment center dispensaries and drug-free
school zones. ATCs shall be located at a minimum of 1,000 feet from
drug-free school zones as defined in the statute. Measurement shall
be conducted in a straight line from the nearest property line of
the land used for the school to the nearest portion of the building
in which the medical marijuana center is located. Cultivation and
manufacturing facilities are not subject to this provision, provided
that the site is:
a.
Not located directly on a street frontage or immediately adjacent
to the school site (i.e., in an industrial area that may encroach
the 1,000-foot buffer but is not located within direct view from the
school grounds).
b.
It is a fully secured facility and does not contain a dispensary
or have public access.
c.
Signage for the facility shall remain innocuous and part of the general
directional signage typically found in industrial manufacturing facilities
only. Facade signs will be limited to those at the point of entry
to the facility and may not be more than six square feet.
d.
Secured in accordance with all applicable provisions as defined in the Act and outlined in Subsection J below.
e.
No marketing or advertisement of the site.
f.
No signage other than directional or discrete building identification
shall be permitted; unusual odors, smells, fragrances or other olfactory
stimulants shall be prohibited; light pollution, glare or brightness
resulting from glow lamps must be 0.5 footcandle or less at the property
line; noise beyond X decibels from ventilation fans shall be prohibited.
(3)
Distance between alternative treatment centers. No ATC shall be located
within 1,500 feet from any alternative treatment center, which shall
be measured in a straight line from the nearest portion of the building
in which the center is proposed to be located to the nearest portion
of the building in which the other center or the retail marijuana
store is located. Stand-alone cultivation and manufacturing uses are
not included within this prohibition as long as the following conditions
are met:
a.
There is no dispensary component to the facility.
b.
It is a fully secured facility and does not contain a dispensary
or have public access.
c.
Signage for the facility shall remain innocuous and part of the general
directional signage typically found in industrial manufacturing facilities
only. Facade signs will be limited to those at the point of entry
to the facility and may not be more than six square feet.
(4)
In the event more than one land use application for an alternative
treatment center, cultivation or manufacturing facility of the same
classification are submitted to the Township in close proximity to
one another, and if the applications comply with all the requirements
of this chapter and the N.J. State Department of Health and the Board
of Medical Examiners, the Township is not permitted to approve all
of the applications because of the limitations set forth in this subsection.
The Township shall first review for approval the application that
was first submitted and determined to be a complete and compliant
application by the Township Planning/Zoning Board or Zoning Officer.
(5)
The distance restrictions shall not apply to any location where the
Director previously issued a medical marijuana license under the Compassionate
Care Act, a licensed dispensary commenced operations at the subject
location, and a licensed medical marijuana dispensary or center has
existed in continuous operation at the subject location since the
time of original licensing.
C.
Permitted locations.
(1)
Alternative treatment center (dispensaries). Alternative treatment center dispensaries shall only be permitted to be located within the following zones in accordance with Chapters 294 and 296 and the redevelopment plans, where applicable. For all properties, adherence to the site design standards of the Township land use ordinances and redevelopment plans through a review by the Winslow Township Planning and Zoning Boards and Winslow Township governing body (redevelopment agency), where applicable, is required. Issuance of zoning permit and/or site plan approval is required. Zones permitted include:
(2)
Vertical alternative treatment center (dispensaries/cultivation and manufacturing) facilities. Vertical alternative treatment centers include dispensary, cultivation and manufacturing. Accordingly, they shall be permitted to be located within the following zones in accordance with Chapters 294 and 296 and the redevelopment plans, where applicable. For all properties, adherence to the site design standards of the Township land use ordinances and redevelopment plans through a review by the Winslow Township Planning and Zoning Boards and Winslow Township governing body (redevelopment agency), where applicable, is required. Issuance of zoning permit and/or site plan approval is required. Zones permitted include:
B.
Within Pinelands zoning areas (Chapter 296): PC-1 Minor Commercial District, § 296-27; PC-2 Major Commercial District, § 296-31; PI-1 Light Industrial, § 296-35; PI-2 Pinelands Village Industrial District § 296-51.29; and PI-3 Pinelands Rural Development Industrial District, § 296-51.35.
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Note: Vertical alternative treatment centers (dispensaries)
and cultivation and manufacturing facilities may be located along
major road frontages, provided that the retail component is located
on the frontage.
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(3)
Stand-alone cultivation, manufacturing, and/or testing facilities. Stand-alone cultivation, manufacturing and/or testing facilities shall be permitted to be located within the following zones in accordance with Chapters 294 and 296 and the redevelopment plans, where applicable. For all properties, adherence to the site design standards of the Township land use ordinances and redevelopment plans through a review by the Winslow Township Planning/Zoning Boards and Winslow Township governing body (redevelopment agency), where applicable, is required. Issuance of zoning permit and/or site plan approval is required. Zones permitted include:
B.
Within Pinelands zoning areas (Chapter 296): PC-1 Minor Commercial District, § 296-27; PC-2 Major Commercial District, § 296-31; PI-1 Light Industrial, § 296-35; PI-2 Pinelands Village Industrial District § 296-51.29; and PI-3 Pinelands Rural Development Industrial District, § 296-51.35.
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Additionally, stand-alone cultivation, manufacturing and/or
testing facilities are not permitted along major road frontages within
these zones unless accompanied by a retail dispensary or other active
retail along the street frontage.
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D.
Restrictions on mobile facilities and delivery of marijuana products
to patients. No such services shall be permitted unless expressly
permitted by the N.J. State Department of Health and the Board of
Medical Examiners pursuant to the type of licensure the facility processes.
E.
Operation. ATC dispensaries shall limit their hours of operation
to 8:00 a.m. to 10:00 p.m., Monday through Sunday, or as otherwise
provided in the special use permit.
F.
Operation of multiple businesses at a single location. A person may
operate any medical marijuana business permitted by this chapter as
long as it is in full compliance with the requirements of the N.J.
State Department of Health and the Board of Medical Examiners and
Township land use ordinances. Multiple licenses are not permitted.
G.
Specific requirements for alternative treatment centers.
(1)
The cultivation of medical marijuana plants shall not be permitted
on exterior portions of a lot. The cultivation, production or possession
of marijuana plants within a building or unit must not be perceptible
from the exterior of the building or unit from a street or residential
use. Such use shall adhere to the bulk standards of the underlying
zoning district.
(2)
Samples of medical marijuana products offered for sale may be displayed
on shelves, counters and display cases. All bulk marijuana products
shall be locked within a separate vault or safe (no other items in
this safe), securely fastened to a wall or floor, as approved by the
state agency having jurisdiction over cannabis sales.
(3)
An alternative treatment center may sell "marijuana paraphernalia"
as that term is defined pertains to patients only and shall be exempt
from the prohibitions contained in any other section of the Zoning
Code.
(4)
You must have an active MMP identification card from the N.J. Department
of Health in order to enter any alternative treatment center.
(5)
No person without a MMP card is permitted to pick up a prescription.
(6)
Alternative treatment centers must limit signage to text on external
signage, labeling, and brochures. Use of graphics shall be limited
to the logo for the business so long as it does not include a cannabis
plant leaf and outward glorification of marijuana consumption.
(7)
Alternative treatment center signage shall not display, on the exterior
of the facility or windows, advertisements for medicinal marijuana
or a brand name except for purposes of identifying the building by
the permitted name.
H.
Security and reporting. Security systems must be in place, along
with a 24/7 recording system that records for a minimum thirty-day
archive. This system shall be shared with local law enforcement via
web browser. Outside areas of the premises and the perimeter shall
be well lit. Township law enforcement feet of the premises shall be
provided the name and phone number of a staff person to notify during
suspicious activity during or after operating hours. Security staff
is required on the premises during all hours of operation. Additionally:
I.
Specific requirements for a medical marijuana cultivation premises.
If co-located with a medical marijuana cultivation premises, the area
of the proposed licensed marijuana premises utilized for cultivation
shall be physically separated from the area of the premises open to
the public or to patients. Walls, barriers, locks, signage and other
means shall be employed to prevent the public or patients from entering
the area of the licensed marijuana premises utilized for cultivation
of marijuana.
J.
No products to be visible from public places. Marijuana plants, products,
accessories, and associated paraphernalia contained in any medical
marijuana business shall not be visible from a public sidewalk, public
streets or right-of-way, or any other public place. On-site storage
of usable marijuana shall comply with 21 CFR 1301.72.
K.
No beer or alcohol on premises. No fermented malt beverages and no
alcoholic beverages shall be kept, served or consumed on the premises
of a medical marijuana business.
L.
Storage of products. All products and accessories shall be stored
completely indoors and on site.
M.
Consumption of marijuana prohibited. No consumption or smoking of
any medical marijuana products shall be allowed or permitted on the
premises or adjacent grounds of a medical marijuana business.
N.
Storage of currency. All currency over $1,000 shall be stored within
a separate vault or safe (no marijuana in safe), securely fastened
to a wall or floor, as approved by the state agency having jurisdiction
over cannabis sales.
O.
Prevention of emissions and disposal of materials.
(1)
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances from exiting the business premises
shall be provided at all times. In the event that any debris, dust,
fluids or other substances shall exit the business premises, the property
owner and operator shall be jointly and severally responsible for
the full cleanup immediately.
(2)
Businesses shall properly dispose of all materials and other substances
in a safe and sanitary manner in accordance with state regulations.
(3)
As applicable, medical marijuana businesses shall be equipped with
ventilation systems with carbon filters sufficient in type and capacity
to eliminate marijuana odors emanating from the interior to the exterior
of the premises discernible by reasonable persons. The ventilation
system must be inspected and approved by the Construction Official.
(4)
If carbon dioxide will be used in any cultivation area, sufficient
physical barriers or a negative air-pressure system shall be in place
to prevent carbon dioxide from moving into the ambient air, into other
units in the same building or into an adjacent building in a concentration
that would be harmful to any person, including persons with respiratory
disease, and shall be inspected and approved by the Construction Official
and the Fire Marshal.
(5)
All state regulations concerning ventilation systems shall be followed.
P.
Compliance with other codes. Any medical marijuana business and the
adjacent grounds of the medical marijuana business shall comply with
all zoning, health, building, fire, and other codes and ordinances
of the Township as shown by completed inspections and approvals by
the Winslow Township Planning/Zoning Board, Construction Official,
Fire Marshal, and the Health Department, if applicable.
Q.
No harm to public health, safety or welfare. The licensed marijuana
premises and adjacent grounds of a medical marijuana business shall
be operated in a manner that does not cause any substantial harm to
the public health, safety and welfare.
R.
Additional requirements; site plan approval required. At the time
site plan approval is granted, amended, or a major change to a medical
marijuana business is approved, the Township may impose on the applicant
reasonable conditions related to the proposed use that are necessary
to protect the public health, safety or welfare, including, but not
limited to, the following:
(1)
Additional security requirements;
(2)
Limits and requirements on parking and traffic flows;
(3)
Requirements for walls, doors, windows, locks and fences on the licensed
marijuana premises and adjacent grounds;
(4)
Limits on medical marijuana products that may be sold;
(5)
Requirements and limits on ventilation and lighting;
(6)
Limits on noise inside the licensed premises or on the adjacent grounds;
(7)
Prohibitions on certain conduct in the medical marijuana business;
(8)
Limits on hours of operation.
S.
Penalty for violation. Any violation of the provisions of this subsection
or the conditions of the Zoning permit granted, by a medical marijuana
business shall be punishable by a civil fine of up to $1,000. Each
day that a violation is committed, exists or continues shall be deemed
a separate and distinct offense. In addition, any violation of the
provisions of this subsection, or any conditions imposed by the zoning
permit may result in the revocation of the zoning permit.
T.
Marijuana licensing. Application and license fees for retail marijuana
stores, retail marijuana cultivation facilities, retail marijuana
products manufacturers, and retail marijuana testing facilities, retail
marijuana transporters, and retail marijuana off-premises storage
facilities are as follows:
(1)
Application fee for off-premises storage facilities: $500.
(2)
Criminal background check fee, per person checked: actual costs.
(3)
Transfer of ownership: $100, plus cost of background check.
(4)
Transfer of license to a different location: $750.
(5)
Modification of premises, zoning permit: $150.
(6)
Application fee for alternative treatment center: $1,000.
