[HISTORY: Adopted by the Township Committee
of the Township of Shamong 2-2-2021 by Ord. No. 2021-4. Amendments noted where
applicable.]
[Amended 10-4-2022 by Ord. No. 2022-12]
This enactment is amended in accord with and intended to conform
to the New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act,[1] which legalized personal use cannabis for certain adults, subject to state regulation. If there is any conflict between this chapter or the State Act, the State Act shall control. If there is any conflict between this chapter and Chapter 110, governing zoning, and Chapter 153, governing taxation, Chapters 110 and 153 shall control.
[1]
Editor's Note: See N.J.S.A. 24:61-31 et seq.
The Township Committee finds:
A.
In the interest of increasing local jobs; increasing the utilization of Shamong farms and commercial properties; increasing local tax revenues from cannabis-related activities; reducing local property taxes; increasing support of local Shamong schools; allowing law enforcement to focus on violent and property crimes; and enhancing individual freedoms; the Township of Shamong finds and declares that, in accordance with and subject to the State of New Jersey statutes and regulations permitting the production, distribution and sale of legalized cannabis, hemp and related products, for persons at least 21 years of age or older, it will be permissible for the growing, manufacturing, distribution and transportation of cannabis, hemp and related crops, all of which shall be permitted in certain zones and under certain conditions as set forth herein below, or hereinafter enacted by the Township of Shamong in Chapter 110 and pursuant to New Jersey State law.
[Amended 10-4-2022 by Ord. No. 2022-12]
B.
In the interest of the health and public safety of our citizenry,
the Township of Shamong further finds and declares that the production
and sale of cannabis should be regulated so that:
(1)
The location and uses of cannabis businesses shall be as permitted under Chapter 110, Zoning.
[Amended 10-4-2022 by Ord. No. 2022-12]
(2)
The desire of the Township is to ensure that legitimate, taxpaying
business people, and not criminal actors, will be permitted to conduct
the growing, manufacturing, transporting and distribution of cannabis,
hemp and related products sales in the Township as may be permitted;
and
(3)
Cannabis, hemp, and related products to be sold shall be regulated
businesses and any such products will be labeled and subject to additional
regulations to ensure that consumers are informed and protected.
A.
Notwithstanding any other provision of law, the following acts, when
performed by a licensed retail cannabis operator with a current, valid
license and all land use approvals, who is acting in his or her capacity
as an owner, employee or agent of a retail cannabis store, are lawful
and shall not be an offense under Township law:
(1)
Possessing, displaying, storing, or transporting cannabis or cannabis
products, except that cannabis and cannabis products may not be displayed
in a manner that is visible to the general public from a public right-of-way,
conducted contrary to zoning, or contrary to site plan conditions
imposed by the Shamong Township Joint Land Use Board;
[Amended 10-4-2022 by Ord. No. 2022-12]
(2)
Delivering or transferring cannabis or cannabis products to a cannabis
testing facility;
(3)
Receiving cannabis or cannabis products from a cannabis testing facility;
(4)
Licensed purchasing or distribution of cannabis from a cannabis cultivation
facility;
(5)
Delivering, distributing, or selling cannabis, hemp, or cannabis
products to consumers from a licensed facility.
B.
Notwithstanding any other provision of law, the following acts, when
performed by a licensed cannabis cultivation facility with a current,
valid license and all land use approvals, or a person who is at least
21 years of age or older who is acting in his or her capacity as an
owner, employee or agent of a cannabis cultivation facility under
the same conditions, are lawful and shall not be an offense under
Township law, provided the same is not contrary to zoning or contrary
to site plan conditions imposed by the Shamong Township Joint Land
Use Board:
[Amended 10-4-2022 by Ord. No. 2022-12]
(1)
Cultivating, manufacturing, harvesting, processing, packaging, transporting,
displaying, storing, or possessing cannabis, hemp or related products;
(2)
Delivering or transferring cannabis to a cannabis, hemp or related
products testing facility;
(3)
Receiving cannabis, hemp or related products from a cannabis testing
facility;
(4)
Delivering, distributing, or selling cannabis to a cannabis cultivation
facility, a cannabis product manufacturing facility, or a retail cannabis
store;
(5)
Receiving or purchasing cannabis, hemp or related products from a
cannabis cultivation facility.
C.
Conditioned upon approval by the State of New Jersey and notwithstanding
any other provision of law, the following acts, when performed by
a cannabis product manufacturing facility with a current, valid license
and all land use approvals, who is acting in his or her capacity as
an owner, employee or agent of a cannabis product manufacturing facility,
are lawful and shall not be an offense under Township law, provided
the same is not contrary to zoning, or contrary to site plan conditions
imposed by the Shamong Township Joint Land Use Board:
[Amended 10-4-2022 by Ord. No. 2022-12]
(1)
Packaging, processing, transporting, manufacturing, displaying, or
possessing cannabis, hemp or cannabis products;
(2)
Delivering or transferring cannabis or cannabis, hemp or related
products to a cannabis testing facility;
(3)
Receiving cannabis or cannabis products from a cannabis testing facility;
(4)
Delivering or selling cannabis or cannabis products to a licensed
retail cannabis store or a cannabis product to a licensed manufacturing
facility;
(5)
Purchasing cannabis, hemp or related products from a licensed cannabis
cultivation facility; and
(6)
Purchasing of cannabis, hemp or cannabis products from a licensed
cannabis product manufacturing facility.
D.
Conditioned upon approval by the State of New Jersey and notwithstanding
any other provision of law, the following acts, when performed by
a cannabis testing facility with a current, valid license and all
land use approvals, who is acting in his or her capacity as an owner,
employee or agent of a licensed cannabis testing facility, are lawful
and shall not be an offense under Township law, provided the same
is not contrary to zoning, or contrary to site plan conditions imposed
by the Shamong Township Joint Land Use Board:
[Amended 10-4-2022 by Ord. No. 2022-12]
(1)
Possessing, cultivating, processing, repackaging, storing, transporting,
displaying, transferring or delivering cannabis, hemp or related products;
(2)
Receiving cannabis or cannabis products from a licensed cannabis
cultivation facility, a licensed cannabis retail store, a licensed
cannabis products manufacturer; and
(3)
Returning cannabis, hemp or related products to a licensed cannabis
cultivation facility, licensed cannabis retail store, or licensed
cannabis products manufacturer.
E.
Conditioned upon approval by the State of New Jersey and notwithstanding any other provision of law, it is lawful and shall not be an offense under Township law to lease or otherwise allow the use of property owned, occupied or controlled by any person, corporation or other entity for any of the activities conducted lawfully in accordance with Subsections A through D of this section.
F.
Nothing in this section prevents the imposition of penalties as may
be imposed by Township of Shamong upon a licensed cannabis establishment
for violating this chapter or rules adopted by the Township, Joint
Land Use Board, or any other arm of law pursuant to this chapter or
state law.
[Amended 10-4-2022 by Ord. No. 2022-12]
The Township of Shamong hereby creates a Cannabis Advisory Board.
The Board shall be appointed by a majority vote on motion of the governing
body and shall consist of two members of the governing body, at least
three residents of the Township, the Township Administrator and the
Township Attorney. The Board shall be advisory in accord with N.J.S.A.
40A: 63-7(d).
The Township of Shamong may adopt additional regulations necessary
for implementation of this chapter. Such regulations shall permit
the operation of licensed cannabis establishments, and such regulations
may include:
A.
Procedures for the issuance, renewal, suspension, and revocation
of a registration to operate a cannabis, hemp or related products
establishment;
B.
A schedule of application, registration and renewal fees, provided,
application fees shall be established by the Township by resolution
and shall be in accord with the state statutes and regulations;
C.
Qualifications for registration that are directly and demonstrably
related to the operation of a licensed cannabis establishment;
D.
Security requirements for a licensed cannabis establishment, including
for the secure transportation of cannabis, hemp or related products
by cannabis establishments. No cannabis-related operation shall be
permitted without an approved security plan that requires the owner
and/or operator to ensure full security of its site and operation
and its cost. No security obligation or cost shall be permitted or
accepted on the part of the Township;
E.
Requirements to prevent the sale or diversion of cannabis and cannabis
products to persons under the age of 21;
F.
Labeling requirements for cannabis and cannabis products sold or
distributed by a licensed cannabis establishment;
G.
Health and safety regulations and standards for the manufacture,
distribution of cannabis, hemp or related products and the safe and
secure cultivation of cannabis;
H.
Reasonable restrictions on the advertising and display of cannabis,
hemp or related products; and
I.
Civil penalties, enforceable by the Shamong Municipal Court, for
the failure to comply with regulations made pursuant to this chapter.
A.
Each application or renewal application for a registration to operate
a cannabis establishment shall be submitted to the Township Committee
of the Township of Shamong or such other Township entity as may be
determined by the Township Committee. A renewal application may be
submitted up to 90 days prior to the expiration of the cannabis establishment's
registration.
B.
The Board shall begin accepting and processing applications to operate
cannabis establishments after legalization by the State of New Jersey.
C.
Upon receiving an application or renewal application for a cannabis
establishment, the Joint Land Use Board Administrator shall immediately
forward a copy of each application to the Township Committee.
[Amended 10-4-2022 by Ord. No. 2022-12]
D.
Within 45 to 90 days after receiving an application or renewal application,
or such additional time as may reasonably be required, the Township
shall issue an annual registration to the applicant unless the Township
finds the applicant is not in compliance with statutes, regulations,
or ordinances of the state or the Township, is not satisfied that
the establishment is in the correct zone authorizing the intended
activity with Township board approvals in place, or if the establishment
has any open violations which have not been corrected within 30 days
written notice.
E.
No more than three cannabis, hemp or related products establishments that distribute directly to the public under Class V Retail will be permitted in the Township and only if accessory to a principal use under Class I through III on the Route 206 zoning area designated under Chapter 110. The Township reserves the right to increase or decrease this cap following initial implementation and review of cannabis businesses within the Township.
[Amended 10-4-2022 by Ord. No. 2022-12]
F.
Upon denial of an application, the Township Committee shall notify
the applicant, in writing, of the specific reason for its denial.
G.
Every cannabis establishment registration shall specify the location
where the cannabis establishment will operate. A separate registration
shall be required for each location at which a cannabis establishment
operates.
H.
Cannabis establishments and the books and records maintained and
created by cannabis establishments are subject to inspection by the
Shamong Township Committee, its officials, and its related entities.
A.
Shamong Township may prohibit the operation of cannabis cultivation
facilities, cannabis product manufacturing facilities, cannabis testing
facilities, or retail cannabis stores through the enactment of any
additional ordinance.
B.
Shamong Township will enact ordinances or regulations governing the time, place, manner and number of cannabis establishment operations. Shamong Township may establish civil penalties for violation of an ordinance or regulation governing the time, place, and manner of a cannabis establishment that may operate in the Township. Any violation of any cannabis-related provisions adopted under the Code, including this chapter, Chapter 110, and Chapter 153, shall, at a minimum, be subject to the general penalty provision of the Township Code at § 1-15.
[Amended 10-4-2022 by Ord. No. 2022-12]
C.
Shamong Township has designated the Cannabis Advisory Board to be
the entity that is initially responsible for receiving and reviewing
applications submitted for a registration to operate a cannabis establishment
within the boundaries of the Township.
[Amended 10-4-2022 by Ord. No. 2022-12]
D.
Shamong Township may establish procedures for the issuance, suspension,
and revocation of a registration issued by the Township.
E.
Shamong Township may establish a schedule of annual operating, registration, and application fees for cannabis establishments, provided the application fee shall only be due if an application is submitted to a local government in accordance with Subsection F of this section, and a registration fee shall only be due if a registration is issued by a local government in accordance with Subsection F of this section or Subsection G of this section.
F.
If an application is submitted to Shamong Township under this subsection,
the fee shall be deposited in the general funds of the Township or
in such other manner as the Township Auditor and/or Chief Financial
Officer may recommend.
[Amended 10-4-2022 by Ord. No. 2022-12]
G.
The Township shall endeavor to review and make a determination on the issuance of a registration to an applicant within 90 days of receipt of the submitted or resubmitted application unless the local regulatory authority finds and notifies the applicant that the applicant is not in compliance with state statutes and regulations or Township ordinances and regulations, including, but not limited to, those made in this chapter or Chapter 110, governing zoning, at the time the application is submitted to the Township. The Township Committee shall notify the Joint Land Use Board and Cannabis Advisory Board if an annual registration has been issued to the applicant.
[Amended 10-4-2022 by Ord. No. 2022-12]
A.
Nothing in this chapter is intended to require an employer to permit
or accommodate the use, consumption, possession, transfer, display,
transportation, sale or growing of cannabis in the workplace or to
affect the ability of employers to have policies restricting the use
of cannabis by employees.
B.
Nothing in this chapter is intended to allow driving under the influence
of cannabis or to supersede laws related to driving under the influence
of cannabis.
C.
Nothing in this chapter is intended to permit the transfer of cannabis,
with or without remuneration, to a person under the age of 21.
D.
Nothing in this chapter shall prohibit a person, employer, school,
hospital, recreation or youth center, correction facility, corporation
or any other entity who occupies, owns or controls private property
from prohibiting or otherwise regulating the possession, consumption,
use, display, transfer, distribution, sale, transportation, or growing
of cannabis on or in that property.
Nothing in this chapter shall be construed to limit any privileges
or rights of a medical cannabis patient or medical cannabis caregiver.
As used in this chapter unless the context otherwise requires:
All parts of the plant of the genus cannabis whether growing
or not, the seeds thereof, the resin extracted from any part of the
plant, and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or its resin, including cannabis
concentrate. "Cannabis" does not include fiber produced from the stalks,
oil, or cake made from the seeds of the plant, sterilized seed of
the plant which is incapable of germination, or the weight of any
other ingredient combined with cannabis to prepare topical or oral
administrations, food, drink, or other products.
Any equipment, products, or materials of any kind which are
used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, composting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, vaporizing, or containing cannabis,
or for ingesting, inhaling, or otherwise introducing cannabis into
the human body.
An entity registered to cultivate, prepare, and package cannabis
and to sell cannabis to retail cannabis stores, to cannabis product
manufacturing facilities, and to other cannabis cultivation facilities,
but not to consumers.
A cannabis cultivation facility, a cannabis testing facility,
a cannabis product manufacturing facility, or a retail cannabis store.
An entity registered to purchase cannabis; manufacture, prepare,
and package cannabis products; and sell cannabis and cannabis products
to other cannabis product manufacturing facilities and to retail cannabis
stores, but not to consumers.
Concentrated cannabis products and cannabis products that
are comprised of cannabis and other ingredients and are intended for
use or consumption, such as, but not limited to, edible products,
ointments, and tinctures.
An entity registered to analyze and certify the safety and
potency of cannabis.
The Shamong Township Committee.
A person who is at least 21 years of age or older who purchases
cannabis, hemp or cannabis related products for personal use by persons
at least 21 years of age or older, but not for resale to others.
The act of ingesting, inhaling, or otherwise introducing
cannabis into the human body.
Shamong Township, including its related boards or entities
and Municipal Court.
The office or entity designated to process a licensed cannabis
establishment applications by Shamong Township Committee.
An entity registered to purchase cannabis from cannabis cultivation
facilities, to purchase cannabis and cannabis products from cannabis
product manufacturing facilities, and to sell cannabis and cannabis
products to consumers.
[Amended 10-4-2022 by Ord. No. 2022-12]
All taxation of cannabis, regardless of class of use, shall be governed by Chapter 153 of the Township Code and state law and regulation with regard to same.
[Amended 10-4-2022 by Ord. No. 2022-12]
Unless otherwise required under Chapter 153:
A.
Each cannabis entity shall send a statement by mail or electronically
to the Township of Shamong on or before the last day of each calendar
month or such other term as required by the state. The statement must
contain an account of the amount of cannabis, produced, processed,
cultivated, and/or sold or transferred to distributors, retail cannabis
stores, and/or cannabis product manufacturing facilities in the state
during the preceding month, setting out:
(1)
The total number of ounces, including fractional ounces sold or transferred;
(2)
The names and New Jersey address of each buyer and transferee;
(3)
The weight of cannabis sold or transferred to the respective buyers
or transferees; and
(4)
Such other information as may be necessary for the Township to determine
and verify the tax or fee due to the Township.
B.
The cannabis facility shall pay monthly, or at such term set by the
state, to the Township of Shamong, all taxes or fees, computed at
the rates prescribed in this chapter or as set forth in the state
statute, on the respective total quantities of the cannabis sold or
transferred during the preceding month or applicable period. The monthly
return shall be filed and the tax paid on or before the last day of
each month to cover the preceding month, or at such other term as
set by the state.
[Amended 10-4-2022 by Ord. No. 2022-12]
The Township has amended its zoning ordinance at Chapter 110 by Ordinance 2021-6 and subsequent amendments. Those zoning provisions shall control and no cannabis use may be carried out on any property or zone that does not comply with Chapter 110. Under the State Act, the Township has final authority to determine whether to permit cannabis uses, what classes of uses, and may restrict classes to certain zones or prohibit cannabis uses entirely. An applicant seeking a cannabis-related use may not apply to the Joint Land Use Board for a variance from the zoning regulations adopted by the Township Committee. An applicant's sole recourse is a request for an amendment to the Zoning Code to permit their proposed use in their proposed location. The Township Committee has full and final authority to accept or reject such a rezoning request, and the applicant shall have no right of appeal.
A.
All ordinances and provisions thereof inconsistent with the provisions
of this chapter shall be and are hereby repealed to the extent of
such inconsistency.
B.
If any section, paragraph, subdivision, clause or provision of this
chapter shall be adjudged invalid, such adjudication shall apply only
to the section, paragraph, subdivision, clause or provision and the
remainder of this ordinance shall be deemed valid and effective.
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation of, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty, § 1-15, governing general penalty provisions.
