[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
This Title is enacted to regulate the adult-use cannabis industry
in the City of Newark in accordance with the provisions of an act
of the Legislature Of the State of New Jersey entitled the New Jersey
Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, compromising Assembly Bill No. 21, L.2021, c.16, its supplements
and amendments, and also comprising N.J.S.A. 24:6I-1 et seq., and
in accordance with the rules and regulations of the Cannabis Regulatory
Commission.
[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:
Means 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.
Means 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.
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.
Means 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.
Means 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.
Means 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.
Means a person licensed to apply for a temporary cannabis
event license under the Emergency Rules.
Means 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.
Means 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.
Means 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.
Means 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.
A person licensed by the State to test cannabis, including
certification for potency and the presence of contaminants.
Means a person licensed by the State to obtain cannabis from
cannabis establishments in order to transport cannabis to cannabis
establishments.
Means 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.
Means a topical formulation, tincture, beverage, edible substance,
or similar product containing cannabis and other ingredients and that
is intended for human consumption.
Means 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.
Means the City of Newark, New Jersey.
Means the siting and operation of a combination of multiple
establishments or establishment types at a single location.
Means the Cannabis Regulatory Commission established pursuant
to section 31 of P.L. 2019, c. 153 (C. 24:6I-24).
Means 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.
Means the Jake Honig Compassionate Use Medical Cannabis Act.
Means 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.
Means any cannabis-infused product containing cannabis that
is intended for human consumption in a manner other than smoke inhalation.
Means the emergency rules for adult-use cannabis establishments
issued by the State.
Means 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.
Shall 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:
Means person holding a state operating license for a cannabis
establishment.
Means the New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act.
Means any natural person, association, entity, partnership,
or corporation.
Means a building, together with its land and outbuildings,
occupied by a business.
Means 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.
Means a State, County, or City park within the boundary of
the City of Newark.
Means 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.
Means a place of business affixed to a particular location,
solely brick and mortar.
Means 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.
Means the state of New Jersey.
Unless the context requires a different meaning, a license
that is issued by the State that allows the licensee to operate a
cannabis establishment.
