This chapter is authorized pursuant to the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, P.L. 2021, c. 016, and the implementing regulations promulgated
by the Cannabis Regulatory Commission (collectively, the "Act"), which
are hereby incorporated herein by reference, and shall be controlling
unless more restrictive standards are prescribed herein. If any provision
of this chapter is inconsistent with the statutes and/or regulations
of the State of New Jersey, the Act shall govern.
For the purposes of this chapter, all terms shall be defined
consistent with the Act. The following terms shall have the meanings
indicated:
CANNABIS CULTIVATOR
Any state-regulated person or entity that grows, cultivates
or produces cannabis in this state, and sells, and may transport,
such cannabis to other cannabis cultivators, or usable cannabis to
cannabis manufacturers, cannabis wholesalers or cannabis retailers,
but not to customers. This person or entity shall hold a Class 1 cannabis
cultivator license.
[Added 6-21-2022 by Ord. No. 2022:15]
CANNABIS DELIVERY SERVICE
Any state-regulated 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.
[Added 6-21-2022 by Ord. No. 2022:15]
CANNABIS DISTRIBUTOR
Any state-regulated 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 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 issued by the CRC or other entity with regulatory jurisdiction
over adult-use cannabis.
CANNABIS MANUFACTURER
Any state-regulated 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.
[Added 6-21-2022 by Ord. No. 2022:15]
CANNABIS RETAILER
Any state-regulated 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 certified cannabis handlers 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.
[Added 6-21-2022 by Ord. No. 2022:15]
CANNABIS WHOLESALER
Any state-regulated 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 issued by the CRC or other entity with regulatory jurisdiction
over adult-use cannabis.
PERMITTING AUTHORITY
The Cannabis Regulatory Commission ("CRC"), established pursuant
to Section 31 of P.L. 2019, c. 307 (N.J.S.A. 24:6I-24) or other entity
with regulatory jurisdiction over adult-use cannabis.
[Amended 6-21-2022 by Ord. No. 2022:15]
A. Persons
wishing to obtain a local license for a cannabis establishment shall
file a license application with the Township Clerk on a standardized
form established by the Business Clerk and available in the Clerk’s
office and on the Township’s website.
B. An application
shall be deemed incomplete, and shall not be processed by the Township
Clerk, until all documents and application fees are submitted. To
be deemed complete, all applications shall be accompanied by the following:
(1) The
applicant shall submit proof of licensure by the permitting authority.
(2) The
applicant shall submit proof that the applicant has or will have lawful
possession of the premises proposed for the cannabis establishment,
which proof may consist of the following: a deed, a lease, a real
estate contract contingent upon successful licensing, or a letter
of intent from the owner of the premises indicating an intent to lease
the premises to the applicant contingent upon approval of required
licenses.
(3) The
location proposed for licensing by the applicant shall comply with
all applicable Township zoning laws and the location restrictions
set forth herein.
(4) The
applicant shall submit a nonrefundable application fee in the amount
of $1,000, or a nonrefundable annual renewal fee in the amount of
$500, as appropriate. The amount of the nonrefundable application
or renewal fee may be modified from time to time by a subsequent duly
adopted resolution of the Township Council.
(5) The
applicant and the contents of the application shall otherwise comply
with any and all qualification standards set forth in the state and
local laws, regulations, or requirements.
[Amended 6-21-2022 by Ord. No. 2022:15]
A. Any license
issued pursuant to this chapter shall be valid for a period of one
year, beginning on January 1 in each year. At the time of licensure,
or with each license renewal, the licensee shall remit to the Township
an annual license fee in the amount of $5,000.
B. The Township
Clerk may, at his/her discretion, adjust the annual renewal date of
the local license to correlate with an applicant's state licensing
and renewal schedule.
C. Upon renewal
of a license, the licensee shall be governed by any amendments, additional
restrictions, or changes in requirements adopted since the previous
license was issued or renewed.
D. Transfer
of ownership of a license, change of location of any license, or modification
to expand a licensed premises shall be treated as a new application,
subject to Township land use review and approval.
E. If the
licensee has received notice of violation of any law or regulation
relating to their state license, including disciplinary action against
any past or current cannabis license, the applicant for renewal shall
include a copy of the notice of violation or disciplinary action with
their application.
[Amended 6-21-2022 by Ord. No. 2022:15]
A. A maximum of two Class 3 cannabis wholesalers licenses shall be permitted
to operate in the Township.
B. A maximum of two Class 4 cannabis distributors licenses shall be
permitted to operate in the Township.
C. Pursuant to Section 31b of the Act, all other classes of licensed
cannabis businesses not expressly permitted herein, including Class
1 cannabis cultivator licenses, Class 2 manufacturer licenses, Class
5 cannabis retailer licenses, and Class 6 cannabis delivery licenses,
are hereby prohibited from operating anywhere in the Township, except
for the delivery of cannabis items and related supplies by a delivery
service.
[Amended 6-21-2022 by Ord. No. 2022:15]
A. No building or structure associated with a cannabis establishment
shall be located within 1,000 feet of any school property (including
any property owned or leased by a public school board), or within
500 feet of the real property comprising a public housing facility,
public park, or public building, except for the Township Wastewater
Treatment Plant located at Block 769, Lot 1, and the Sharkey Landfill
Site located at Block 771, Lot 1, and Block 770, Lot 7.
B. No cannabis establishment shall be located within 500 feet of a residential
zone district boundary or commercial residential mixed-use zone district
boundary, except for a cannabis distributor located in the SED-5-A
Zone District.
All cannabis establishments shall limit their hours of operation
from 6:00 a.m. to 10:00 p.m., Monday through Saturday.
All operations of a cannabis establishments shall occur within
a single, or series of, completely enclosed buildings. No outdoor
storage shall be permitted.
Marijuana plants, products, accessories, and associated paraphernalia
shall not be visible from a public sidewalk, public street or right-of-way,
or any other public place. On-site storage of usable marijuana shall
comply with applicable federal, state and local laws and regulations.
It shall be unlawful for any person 21 years of age or older
to consume cannabis through means other than by smoking, vaping, or
aerosolizing (e.g., edibles) in a public place, including any "indoor
public place" as the term is defined in N.J.S.A. 26:3D-57.
A cannabis establishment shall comply with all applicable state
and local laws and regulations.
Any person violating this chapter shall be subject to the penalties set forth in Chapter
1, Article
II, §
1-17, Violations and penalties.