[Added 8-19-2021 by Ord. No. 6PSF-AA (s), 08-19-2021; amended 9-18-2024 by Ord. No. 6PSF-G, 09-18-2024]
The following words and phrases have the meanings ascribed to them when used in this Title:
CANNABISMeans all parts of the plant genus cannabis, growing or not; the seeds of that plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination. Cannabis does not include industrial hemp.
CANNABIS CONSUMPTION AREAMeans a designated location operated by a licensed cannabis retailer, for which both a State and City endorsement has been obtained, that is either: (1) an indoor, structurally enclosed area of the cannabis retailer, that is separate from the area in which retail sales of cannabis items occurs; or (2) an exterior structure on the same premises as the cannabis retailer, either separate from or connected to the cannabis retailer, at which cannabis items obtained from the retailer may be consumed.
CANNABIS CULTIVATOR (a/k/a CANNABIS GROWER)Means a person licensed by the State to cultivate, grow, or produce cannabis and sells and/or otherwise transports cannabis to other cultivators, or useable cannabis to manufacturers, wholesalers or retail establishments, but not to consumer.
CANNABIS DELIVERYMeans a person licensed by the State to provide courier services for consumer purchases of cannabis items and related supplies fulfilled by a 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 may also include a third-party technology platform, used by a licensed cannabis retailer, which receives, processes, and fulfills orders by consumers. These acts must be accomplished by a certified cannabis handler.
CANNABIS DISTRIBUTORMeans a person licensed by the State to transfer cannabis items in bulk intrastate from one licensed cultivator to another licensed cultivator, or transports cannabis items in bulk intrastate from any one class or licensed cannabis establishment to another class of licensed cannabis establishment; and may temporarily store cannabis or cannabis items when it is necessary to provide transportation activities.
CANNABIS ESTABLISHMENTMeans a cannabis cultivator, cannabis safety compliance establishment, cannabis processor, cannabis microbusiness, cannabis retailer, cannabis secure transporter, cannabis wholesaler, cannabis manufacturer, cannabis delivery service, or any other type of cannabis-related business licensed by the State.
CANNABIS EVENT ORGANIZERMeans a person licensed to apply for a temporary cannabis event license under the Emergency Rules.
CANNABIS ITEMMeans any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin. It does not include medical cannabis dispensed to registered qualifying patients; or hemp or hemp product cultivated, handled, processed, transported, or sold.
CANNABIS MANUFACTURERMeans a person licensed by the State to process cannabis items in the State by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, packaging cannabis items, and selling and transporting these items to other processors, wholesalers, or retailers, but not to consumers.
CANNABIS MICROBUSINESSMeans a person licensed by the State to cultivate not more than 150 cannabis plants; process and package cannabis; and sell or otherwise transfer cannabis to individuals who are 21 years of age or older or to a cannabis safety compliance establishment, but not to other cannabis establishments.
CANNABIS RETAILERMeans a person licensed by the State to purchase or obtain usable cannabis and cannabis items from cultivators, manufacturers, and wholesalers and sells to a consumers at a retail store and may sell to a consumer using a delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers.
CANNABIS SECURE TRANSPORTERMeans a person licensed by the State to obtain cannabis from cannabis establishments in order to transport cannabis to cannabis establishments.
CANNABIS WHOLESALERMeans a person licensed by the State to purchase, obtain, store, sell, or transfer cannabis; may transport cannabis items for resale or transfers to wholesalers or retailers, but not to consumer.
CANNABIS-INFUSED PRODUCTMeans a topical formulation, tincture, beverage, edible substance, or similar product containing cannabis and other ingredients and that is intended for human consumption.
CERTIFIED CANNABIS HANDLERMeans a person licensed by the State who performs work for or on behalf of a cultivator, manufacturer, retailer, or participates in transporting, transferring, or delivering cannabis.
CITYMeans the City of Newark, New Jersey.
CO-LOCATION or CO-LOCATEDMeans the siting and operation of a combination of multiple establishments or establishment types at a single location.
COMMISSIONMeans the Cannabis Regulatory Commission established pursuant to section 31 of P.L. 2019, c. 153 (C. 24:6I-24).
CONSUMERMeans a person 21 years of age or older who purchases, directly or through a cannabis delivery service, acquires, owns, holds, or uses cannabis items for personal use by a person 21 years of age or older, but not for resale to others.
CUMCAMeans the Jake Honig Compassionate Use Medical Cannabis Act.
DESIGNATED CONSUMPTION ESTABLISHMENTMeans a commercial space that is licensed by the state and authorized to permit adults 21 years of age and older to consume cannabis products at the location indicated on the state license, must be a part of a Cannabis Retail Establishment.
EDIBLE CANNABIS PRODUCTMeans any cannabis-infused product containing cannabis that is intended for human consumption in a manner other than smoke inhalation.
EMERGENCY RULESMeans the emergency rules for adult-use cannabis establishments issued by the State.
FEDERAL, STATE, AND/OR LOCAL ECONOMIC INCENTIVEMeans a financial incentive, awarded by the Federal and/or State government, any political subdivision of the State, or any agency or instrumentality of the State or political subdivision of the State, to any non-governmental person, association, for-profit or non-profit corporation, joint venture, limited liability company, partnership, sole proprietorship, or other form of business organization or entity, or agreed to between the government and non-governmental parties, for the purpose of stimulating economic development or redevelopment in New Jersey, including, but not limited to, a bond grant, loan, loan guarantee, matching fund, tax credit, financial and/or tax abatement, or tax expenditure. Local in this context means Essex County and/or the City of Newark.
"LEGACY" APPLICANTShall mean persons who are eligible to be pronounced rehabilitated and have been adjudicated delinquent for, or convicted of, whether expunged or not in the State of New Jersey, another State, or the Federal government regarding the following:
a. At least two (2) marijuana or hashish related disorderly persons offense.
At least one (1) marijuana or hashish related indictable offense.
LICENSEEMeans person holding a state operating license for a cannabis establishment.
NJCREAMMAMeans the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.
PERSONMeans any natural person, association, entity, partnership, or corporation.
PREMISESMeans a building, together with its land and outbuildings, occupied by a business.
PREQUALIFICATION STEP or PREQUALIFIEDMeans the portion of the application for a state operating license pertaining to the applicant's financial background and the criminal history of the applicant and other associated persons.
PUBLIC PARKMeans a State, County, or City park within the boundary of the City of Newark.
PUBLIC PLACEMeans a structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a commercial or other office building; office or building owned, leased or rented by the State or by a County or Municipal Government; public and nonpublic elementary or secondary school building; board of education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to N.J.S.A. 26:2H-1 et seq.; patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised General Ordinances; child care center licensed pursuant to N.J.S.A. 30:5B-1 et seq.; race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment; apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single-family dwelling.
RETAIL STOREMeans a place of business affixed to a particular location, solely brick and mortar.
STACKED GROWER LICENSEMeans more than one state operating license issued to a single licensee to operate as a grower of class C-2,000 cannabis plants as specified in each license at an establishment.
STATEMeans the state of New Jersey.
STATE OPERATING LICENSEUnless the context requires a different meaning, a license that is issued by the State that allows the licensee to operate a cannabis establishment.