This chapter is enacted to regulate cannabis related business
operations within the Township of Pequannock in accordance with the
provisions of an act of the Legislature of the State of New Jersey,
entitled "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act," P.L. 2021, c. 16 (hereinafter
referred to as "Act") and its supplements and amendments. It shall
be a violation of this chapter for any person or entity to operate
a cannabis establishment within the Township without possessing a
license issued under this Chapter.
For the purpose of this chapter, words and phrases shall have
the meanings given in the Act.
The class of cannabis license permitted in the Township shall
be for a cannabis cultivator. No license for any other class of cannabis
establishment, including cannabis retailers, manufacturers, distributors,
wholesalers, testing facilities, or delivery services, shall be available.
The following conditions are required for the issuance and renewal
of a cannabis establishment license:
A. Applicant must possess any and all required licenses, permits or
authorizations from the State of New Jersey and/or the New Jersey
Cannabis Regulatory Commission for the operation of a cannabis establishment.
B. The applicant has received the requisite land use approval from the
appropriate land use board (either the Planning Board or Zoning Board
of Adjustment) having jurisdiction over the required approvals
C. The applicant is in compliance with the following operational requirements:
(1) A cannabis facility shall comply with the zoning code, the building
code, the property maintenance code, and all conditions of the applicable
land use approval at all times.
(2) The facility must hold at all times a valid license or permit issued
by the State of New Jersey to undertake cannabis cultivation and manufacturing
activities (when required for any accessory production) at the permitted
property. A state-issued license is valid only for the location identified
on the license and until the expiration date printed on the license
and cannot be transferred to another location in the Township without
a new application. The state-issued license shall be prominently displayed
inside the permitted premises in a location where it can be easily
viewed by law enforcement and administrative authorities. Any cannabis
facility is subject to compliance with all state laws, regulations
and guidelines with respect to cannabis licenses issued by the State
of New Jersey.
(3) Cultivation and manufacturing operations shall be conducted solely
within the permitted premises on the permitted property.
(4) No person under the age of 18 shall be permitted to enter into the
permitted premises without a parent or legal guardian.
(5) A cannabis cultivation or manufacturing facility shall at all times
maintain a security system that meets state law requirements.
(6) All cannabis in whatever form stored at the permitted premises shall
be kept in a secure manner and shall not be visible from outside the
permitted premises, nor shall it be grown, processed, exchanged, displayed
or dispensed outside the permitted premises.
(7) The amount of cannabis on the permitted property and under the control
of the permit holder, owner or operator of the facility shall not
exceed the amount permitted by the state license.
(8) No pictures, photographs, drawings, or other depictions of cannabis
or cannabis paraphernalia shall appear on the outside of any permitted
premises nor be visible outside of the permitted premises on the permitted
property.
(9) The words "marijuana," "cannabis" and any other words used or intended
to convey the presence or availability of marijuana shall not appear
on the outside of the permitted premises nor be visible outside of
the permitted premises on the permitted property.
(10)
No person operating or employed by a cannabis cultivation facility
shall provide or otherwise make available cannabis to any person who
is not legally authorized to possess same under state law.
(11)
All necessary building, electrical, plumbing and mechanical
permits must be obtained for any part of the permitted premises in
which electrical, wiring, lighting or watering devices that support
the cultivation, growing, harvesting or testing of cannabis are located.
(12)
The owner and operator of a cannabis cultivation or manufacturing
facility shall use lawful methods in controlling and disposing of
waste or by-products from any activities allowed under the state license
or permit.
(13)
Odor and noise control methods as established shall be maintained
at all times.
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Chapter
74, Violations and Penalties.