[Added 7-19-2021 by Ord.
No. 20-21]
As used in this article, the following terms shall have the
meanings indicated:
CANNABIS
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16, for use in cannabis products as set forth in this Act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include medical cannabis dispensed to
registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:61-1 et seq.),
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); "marijuana"
as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth
in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes,
or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or "marihuana" as
defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied
to any offense set forth in the New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6
et seq.).
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
CANNABIS DELIVERY SERVICE
Any licensed 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.
CANNABIS DISTRIBUTOR
Any licensed 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 any 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.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer or a cannabis distributor.
CANNABIS LICENSED MARKETPLACE
A.
A license issued under relevant state law, including a license
that is designated as either a:
(1)
Class 1 cannabis (grower) cultivator license.
(2)
Class 2 cannabis (processor) manufacturer license.
(3)
Class 3 cannabis wholesaler license.
(4)
Class 4 cannabis distributor license.
(5)
Class 5 cannabis retailer license.
(6)
Class 6 cannabis delivery license.
B.
The term includes a conditional license for a designated class,
except when the context of the provisions of relevant state law otherwise
intend to only apply for a license and not a conditional license.
CANNABIS MANUFACTURER
Any licensed 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.
CANNABIS RETAILER
Any licensed 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 a certified cannabis handler 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.
CANNABIS WHOLESALER
Any licensed 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.
MANUFACTURE
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
MICROBUSINESS
A person or entity licensed by the Cannabis Regulatory Commission
as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler,
cannabis distributor, cannabis retailer, or cannabis delivery service
that may only, with respect to its business operations and capacity
and quantity of product:
A.
Employ no more than 10 employees;
B.
Operate a cannabis establishment occupying an area of no more
than 2,500 square feet, and in the case of a cannabis (grower) cultivator,
grow cannabis on an area no more than 2,500 square feet measured on
a horizontal plane and grow above that plane not higher than 24 feet;
C.
Possess no more than 1,000 cannabis plants each month, except
that a cannabis distributor's possession of cannabis plants for transportation
shall not be subject to this limit;
D.
Acquire and process each month, in the case of a cannabis (processor),
manufacturer, no more than 1,000 pounds of usable cannabis (in dried
form);
E.
Acquire for resale each month, in the case of a cannabis wholesaler,
no more than 1,000 pounds of usable cannabis (in dried form), or the
equivalent amount in any (other) form of manufactured cannabis product
or cannabis resin, or any combination thereof; and
F.
Acquire for retail sale each month, in the case of a cannabis
retailer, no more than 1,000 pounds of usable cannabis (in dried form),
or the equivalent amount in any (other) form of manufactured cannabis
product or cannabis resin, or any combination thereof.
WHOLESALE TRADE
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
There shall be no cannabis cultivator license (Class 1), cannabis
manufacturer license (Class 2), cannabis distributor license (Class
4) or cannabis delivery license (Class 6) within the Town of Boonton,
and all such operations associated thereto are hereby specifically
disallowed.
Cannabis wholesaler (Class 3) shall be a conditional use in
the Commercial District C-2 Zone only and subject to the following:
A. Eligible locations. Facilities shall be at least 300 feet from any
parks and 300 feet from any school.
B. Lot area and setbacks must comply with requirements of the C-2 Zone.
C. Buildings. All facilities shall be enclosed in heated/air-conditioned
buildings, not in greenhouses, hoop houses or outdoors.
D. Odor control. The facility shall provide an air-treatment system
with sufficient odor-absorbing ventilation and exhaust systems such
that an odor generated inside the facility is not detectable by a
person of reasonable sensitivity at the property line of the subject
property. Odor from the facility shall be monitored on an annual basis
at the discretion of the Town by a licensed, qualified contractor
chosen by the Town.
E. Signage. Signs shall be limited to the address, name of the company
and emergency contact information located on one ground sign not to
exceed 24 square feet.
F. State license. The facility must have a valid license to operate
from the State of New Jersey.
G. 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.
Cannabis Retailer (Class 5) shall be a conditional use in the
Commercial District C1 Zone only, and shall be subject to the following:
A. Eligible locations. Facilities shall be at least 500 feet from any
parks and 1,000 feet from any school.
B. Location. Cannabis retailers shall be separate and distinct from
any cannabis wholesaler operation.
C. Buildings. All cannabis retailers shall be enclosed in heated/air-conditioned
permanent buildings, not trailers, outdoors, movable kiosks, etc.
D. Signage. Signs shall be limited to location identification/name of
business. Signage shall not promote consumption of any cannabis products.
E. Site plan approval. When seeking site plan approval, the applicant
for cannabis retailers shall submit a safety and security plan and
emergency services access plan.
F. Accessibility. Any cannabis retailer shall only have one primary
public access point, which shall be directly adjacent to the right-of-way
or parking area of the building. Access should not be through common
entrances with other uses.
G. Hours of operation. Hours of operation for cannabis retailers shall
be limited generally to daytime and early evening hours.
H. Interior security. Cannabis retailers' interiors shall provide a
secure location for storage of products with minimum products in any
customer service area.
I. Exterior loitering and security. People shall not be permitted to
congregate outside of a cannabis retailer, loiter or wait in line
to access the cannabis retailer. The facility shall have a plan in
place if interior capacity is exceeded, i.e., numbers are given and
customers wait in their vehicles until called.
J. Product consumption. No products shall be permitted to be consumed
on-site.
K. State license. The facility must have a valid license to operate
from the State of New Jersey.
L. 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.
[Added 9-7-2021 by Ord. No. 25-21]
As used in this article, the following terms shall have the
meanings indicated:
ALTERNATIVE TREATMENT CENTER and PREEXISTING ALTERNATIVE TREATMENT
CENTER
An organization issued a permit, conditional permit, and/or
a vertically integrated permit pursuant to the Jake Honing Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.),
to operate as a medical cannabis cultivator, medical cannabis manufacturer,
medical cannabis dispensary or clinical registrant prior to February
22, 2021; and includes any alternative treatment center deemed pursuant
to Section 7 of the Jake Honing Compassionate Use Medical Cannabis
Act (N.J.S.A. 24:26I-7) to concurrently hold a medical cannabis cultivator
permit, a medical cannabis manufacturer permit, and a medical cannabis
dispensary permit and/or any alternative treatment center deemed to
concurrently hold any one or more class(es) of cannabis licensed marketplace
license(s) pursuant to P.L. 2021, c. 16, § 33, N.J.S.A.
24:6I-46, and P.L. 2021, c. 16, § 34, amending N.J.S.A.
24:6I-7.
CANNABIS
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16, for use in cannabis products as set forth in this article, but
shall not include the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations, food, drink,
or other product. Cannabis does not include: medical cannabis dispensed
to registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.),
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana, as
defined in N.J.S.A. 2C:35-2, and applied to any offense set forth
in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes,
or P.L. 2001, c. 144 (N.J.S.A. 2C:35B-1 et seq.); or marihuana as
defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and
applied to any offense set forth in the New Jersey Controlled Dangerous
Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); or hemp
or a hemp product cultivated, handled, processed, transported, or
sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238
(N.J.S.A. 4:28-6 et al.).
CANNABIS CONSUMPTION AREA
Shall mean and refer to a cannabis consumption area as defined
under P.L. 2021, c. 16, § 3, N.J.S.A. 24:6I-33, of the New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act.
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
CANNABIS DELIVERY SERVICE
Any licensed 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.
CANNABIS DISTRIBUTOR
Any licensed 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 any 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.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer or a cannabis distributor.
CANNABIS ITEM
Any item available for lawful consumption pursuant to the
New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.).
CANNABIS LICENSED MARKETPLACE
A.
A license issued under relevant state law, including a license
that is designated as either a:
(1)
Class 1 cannabis cultivator license.
(2)
Class 2 cannabis manufacturer license.
(3)
Class 3 cannabis wholesaler license.
(4)
Class 4 cannabis distributor license.
(5)
Class 5 cannabis retailer license.
(6)
Class 6 cannabis delivery license.
B.
The term shall also include a conditional license for a designated
class, except when the context of the provisions of relevant state
law otherwise intend to only apply for a license and not a conditional
license.
C.
The term shall also include any activity related to cannabis
cultivation, cannabis manufacturing, cannabis wholesale, cannabis
distribution cannabis retail and/or cannabis delivery service by a
preexisting alternative treatment center deemed to concurrently hold
any one or more class(es) of the above-listed cannabis license(s)
pursuant to P.L. 2021, c. 16, § 33, N.J.S.A. 24:6I-46, and
P.L. 2021, c. 16, § 34 of the Act, amending N.J.S.A. 24:6I-7;
but shall not include the preexisting alternative treatment's activities
related to medical cannabis cultivation, medical cannabis manufacturing,
medical cannabis processing and/or medical cannabis dispensing by
a preexisting medical cannabis alternative treatment center pursuant
to a license or conditional licensed issued by the State of New Jersey
pursuant to the Jake Honing Compassionate Use Medical Cannabis Act,
P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et seq.).
CANNABIS MANUFACTURER
Any licensed 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.
CANNABIS RETAILER
Any licensed 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 a certified cannabis handler 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.
CANNABIS WHOLESALER
Any licensed 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.
CONSUMPTION
The act of ingesting, inhaling, or otherwise introducing
medical cannabis items and/or cannabis items into the human body.
DELIVERY
The transportation of cannabis items and related supplies
to a consumer. "Delivery" shall also mean the use by a licensed cannabis
retailer of any third-party technology platform to receive, process,
and fulfill orders by consumers, which third party shall not be required
to be a licensed cannabis establishment, distributor, or delivery
service, provided that any physical acts in connection with fulfilling
the order and delivery shall be accomplished by a certified cannabis
handler performing work for or on behalf of the licensed cannabis
retailer, which includes a certified cannabis handler employed or
otherwise working on behalf of a cannabis delivery service making
off-premises deliveries of consumer purchases fulfilled by that cannabis
retailer.
DESIGNATED CAREGIVER
Shall mean and refer to a designated caregiver as defined
under the Jake Honing Compassionate Use Medical Cannabis Act, P.L.
2009, c. 307 (N.J.S.A. 24:6I-1 et al.).
INDOOR PUBLIC PLACE
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 P.L. 1971, c. 136 (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 Statutes; child
care center licensed pursuant to P.L. 1983, c. 492 (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.
INSTITUTIONAL CAREGIVER
Shall mean and refer to an institutional caregiver as defined
under the Jake Honing Compassionate Use Medical Cannabis Act (P.L.
2009, c. 307, N.J.S.A. 24:6I-1 et seq., and P.L. 2015, c. 158, N.J.S.A.
18A:40-12.22 et seq.).
LICENSEE
A person or entity that holds a license issued under P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et al.), including a license that is
designated as either a Class 1 cannabis cultivator license, a Class
2 cannabis manufacturer license, a Class 3 cannabis wholesaler license,
a Class 4 cannabis distributor license, a Class 5 cannabis retailer
license, a Class 6 cannabis delivery license, and also includes: a
person or entity that holds a conditional license for a designated
class; a person or entity holding a preexisting medical cannabis cultivator
license, preexisting alternative treatment center permit first issued
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana, in accordance with the provisions of the Jake Honing Compassionate
Use Medical Cannabis Act (P.L. 2009, c. 307, N.J.S.A. 24:6I-1 et seq.,
and P.L. 2015, c. 158, N.J.S.A. 18A:40-12.22 et seq.) prior to February
22, 2021, and approved by the Town to hold a concurrent municipal
license to operate as a Class 1 cannabis cultivator, Class 2 cannabis
manufacturer, Class 3 cannabis wholesaler and/or Class 4 cannabis
distributor in accordance with the provisions hereinafter and P.L.
2021, c. 16, § 33, N.J.S.A. 24:6I-46, and P.L. 2021, c.
16, § 34 (amending N.J.S.A. 24:6I-7), of the Act; and/or
any other person or entity holding a local annual cannabis license
issued by the Town pursuant to this Code.
MANUFACTURE
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
MEDICAL CANNABIS
Cannabis dispensed to registered qualifying patients or their
designated or institutional caregiver(s) pursuant to the Jake Honing
Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et
seq.). Medical cannabis does not include any cannabis or cannabis
item that is cultivated, manufactured, produced, processed, distributed,
delivered, sold and/or resold for the ultimate purpose of recreational
consumption by persons that not registered qualifying patients.
PERSONAL USE and/or RECREATIONAL USE
The purchase, sale, possession, and/or consumption of cannabis
items by person(s) who are not a registered qualifying patient under
the Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009,
c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A.
18A:40-12.22 et seq.).
PREMISES or LICENSED PREMISES
The following areas of a location licensed under P.L. 2021,
c. 16 (N.J.S.A. 24:6I-31 et al.): all public and private enclosed
areas at the location that are used in the business operated at the
location, including offices, kitchens, restrooms, and storerooms;
all areas outside a building that the Cannabis Regulatory Commission
has specifically licensed for the production, manufacturing, wholesaling,
distributing, retail sale, or delivery of cannabis items; and, for
a location that the commission has specifically licensed for the production
of cannabis outside a building, the entire lot or parcel that the
licensee owns, leases, or has a right to occupy.
PUBLIC PLACE
Any place to which the public has access that is not privately
owned, including, but not limited to, any property owned by the Town
of Boonton, the County of Morris, and/or any other government subdivision
of the State of New Jersey situated within the geographic boundaries
of the Town; or any place to which the public has access where alcohol
consumption is not allowed, including, but not limited to, a public
street, road, thoroughfare, sidewalk, bridge, alley, plaza, park,
playground, swimming pool, shopping area, public transportation facility,
vehicle used for public transportation, parking lot, public library,
or any other public building, structure, or area.
WHOLESALE TRADE
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
All medical cannabis establishments and cannabis establishments
operating within the Town of Boonton shall be required to designate
a corporate representative of the business who shall be available
24 hours daily to serve as the primary person of contact for the establishment,
and shall have full authority to make decisions on behalf of the establishment
in the event of an emergency. The establishment shall provide the
up-to-date direct telephone and email contact information for the
corporate designee to the Town Police Department and the Town Administrator
and shall assure that such contact information remains current at
all times. At a minimum, the corporate designee shall be responsible
to respond to the Town in the event of a report of criminal activity,
adverse odor event, or any suspected violation of applicable state
and/or local laws.
The actual delivery of cannabis and cannabis items by any Class
6 cannabis delivery services to a consumer occurring within the Town
shall be prohibited from taking place in any public place and shall
only be permitted to take place within the confines of private property
or indoor public places with the express permission and authorization
of the owner of the property.
No Class 3 cannabis wholesaler licensee shall operate prior
to 8:00 a.m., nor after 6:00 p.m. No Class 5 retailer licensee shall
operate prior to 9:00 a.m., nor after 10:00 p.m.