[Added 9-13-2021 by Ord. No. 21-1760; amended 4-18-2022 by Ord. No. 22-1770]
Cannabis wholesalers and distributors, as said terms are defined in Section 3 of P.L. 2021, c. 16 (New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act),[1] shall be prohibited in all zones in the municipality, but the delivery of cannabis items and related supplies by a delivery service is permissible. Cannabis delivery services shall only be permitted if they are owned by and located on the same premises as a licensed cannabis retail business.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Added 9-13-2021 by Ord. No. 21-1760; amended 4-18-2022 by Ord. No. 22-1770; 8-21-2023 by Ord. No. 23-1807]
a. 
Cannabis cultivators, manufacturers, and retailers, as said terms are defined in Section 3 of P.L. 2021, c. 16 (New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act),[1] shall only be permitted uses in the Township as set forth in this chapter and in Chapter 17.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
b. 
The number of cannabis cultivators and/or manufacturers in the Township shall not exceed one. A single entity that holds both a cannabis cultivator license and a cannabis manufacturer license shall be permitted.
c. 
The number of cannabis retailers in the Township shall not exceed two.
d. 
Cannabis delivery services shall only be permitted if they are owned by and located on the same premises as a licensed cannabis retail business.
[Added 9-13-2021 by Ord. No. 21-1760]
As used in this chapter, 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. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.) for use in cannabis products, 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 BUSINESS
Any person or entity that holds any of the six classes of licenses established under P.L. 2021, c. 16, the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."[1]
CANNABIS CONSUMPTION AREA
A designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a state and local endorsement has been obtained, that is either: 1) an indoor, structurally enclosed area of the cannabis retailer or permit holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or 2) an exterior structure on the same premises as the cannabis retailer or permit holder, either separate from or connected to the cannabis retailer or permit holder, at which cannabis items or medical cannabis either obtained from the retailer or permit holder, or brought by a person to the consumption area, may be consumed.
[Added 4-18-2022 by Ord. No. 22-1770]
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or produces cannabis, 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. This person or entity shall hold a Class 1 cannabis cultivator license.
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. This person or entity shall hold a Class 6 cannabis delivery license.
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. This person or entity shall hold a Class 4 cannabis distributor license.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
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. This person or entity shall hold a Class 2 cannabis manufacturer license.
CANNABIS PRODUCT
A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include:
a. 
Usable cannabis by itself; or
b. 
Cannabis extract by itself; or
c. 
Any other cannabis resin by itself.
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. This person or entity shall hold a Class 5 cannabis retailer license.
CANNABIS TESTING FACILITY
An independent, third-party entity meeting accreditation requirements established by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis items and medical cannabis for compliance with applicable health, safety, and potency standards.
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. This person or entity shall hold a Class 3 cannabis wholesaler license.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Added 9-13-2021 by Ord. No. 21-1760]
a. 
Any request for a resolution of local support, pursuant to N.J.S.A. 24:6I-7.2, shall include a concept plan indicating how applicant intends on complying with the Township's zoning, site plan and licensing requirements.
b. 
A resolution of local support does not constitute final approval for local licensure. A local license shall only be granted as set forth in § 24-5 of this Code.
c. 
The Township Committee shall consider proposals for a resolution for local support in the order that the proposals are submitted.
[Added 9-13-2021 by Ord. No. 21-1760]
a. 
No cannabis business may lawfully operate in Hopewell Township without the issuance of a state permit or license and full regulatory oversight of the cannabis business by the Cannabis Regulatory Commission or other state licensing authority, as well as oversight and issuance of a license by the Township in accordance with the provisions of this chapter.
b. 
All cannabis businesses shall be subject to conditional use and site plan approval in accordance with the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
c. 
A license to operate shall be granted by the Township Committee when the applicant has submitted evidence that it:
1. 
Received site plan approval from the Planning Board;
2. 
Complies with all elements of its concept plan;
3. 
Complies with any other relevant Township ordinance; and
4. 
Has paid the required fees pursuant to § 24-6.
d. 
Each local license shall be effective from January 1 until December 31 and shall be annually renewed upon the submission of a renewal application and renewal fee provided all conditions and requirements of applicable state law and this chapter are met.
e. 
Any conditions of land use approval may be incorporated as conditions of the local license.
[Added 9-13-2021 by Ord. No. 21-1760; amended 4-18-2022 by Ord. No. 22-1770]
a. 
The application fee for a cannabis cultivator, cannabis manufacturer, cannabis retailer, or cannabis delivery service license shall be $5,000. The fee shall be nonrefundable. A single cannabis business that seeks to obtain both a cannabis cultivator and cannabis manufacturer license shall remit application fees for both license types. A single cannabis business that seeks to obtain both a cannabis retailer and cannabis delivery service license shall remit application fees for both license types.
b. 
The annual registration fee for a cannabis cultivator, cannabis manufacturer, cannabis retailer or cannabis delivery service license shall be $5,000. A single cannabis business that maintains both a cannabis cultivator and cannabis manufacturer license shall remit annual registration fees for both license types. A single cannabis business that seeks to obtain both a cannabis retailer and cannabis delivery service license shall remit application fees for both license types.
[Added 9-13-2021 by Ord. No. 21-1760; amended 4-18-2022 by Ord. No. 22-1770]
a. 
Cannabis cultivators and manufacturers shall only be permitted in the Valley Resource Conservation (VRC) District, as set forth more fully in § 17-160.
b. 
Cannabis retailers and cannabis delivery services shall only be permitted in the Neighborhood Retail Commercial (C-1), Shopping Center (SC), Shopping Center 1 (SC1), Highway Business and Office (HBO), and Industrial/Commercial (IC) Districts, as set forth more fully in Chapter 17 of this Code.
[Added 9-13-2021 by Ord. No. 21-1760; amended 4-18-2022 by Ord. No. 22-1770]
A cannabis business licensee shall maintain security on the site in accordance with the security plan that is approved by the Police Director/Chief. Such plan shall include appropriate fencing, security personnel, lighting, transport of product and receipts, and site control features that prevent unauthorized entry. All growing areas shall be fully enclosed by a six-foot-tall fence of a material and strength to prevent unauthorized access and public viewing. All storefront windows for cannabis retail establishments shall be heavily tinted or blacked out.
[Added 9-13-2021 by Ord. No. 21-1760]
a. 
The cannabis business shall prevent and eliminate any conditions on the site that constitute a nuisance.
b. 
The cannabis business shall maintain the exterior of the site, including any parking lots under the control of the permittee, free of litter, debris, and trash.
c. 
The cannabis business shall properly store and dispose of all waste generated on the site, including chemical and organic waste, in accordance with all applicable laws and regulations. No permittee shall dispose of cannabis or cannabis products unless they have been made unusable and unrecognizable.
[Added 9-13-2021 by Ord. No. 21-1760]
The cannabis business licensee shall implement measures to prevent cross-pollination and to prevent cannabis pollen and seeds from leaving the premises, including, but not limited to, use of pollen screens, ultraviolet light and methods to ensure that employees and other visitors do not leave the premises while carrying any cannabis pollen or seeds.
[Added 9-13-2021 by Ord. No. 21-1760; amended 4-18-2022 by Ord. No. 22-1770]
a. 
Hours of delivery and shipping/distribution for cultivation and manufacturing uses shall be limited to 8:00 a.m. to 8:00 p.m., with the exception of on-site security.
b. 
Hours of operation for cannabis retailers shall be limited to 8:00 a.m. to 10:00 p.m.
[Added 9-13-2021 by Ord. No. 21-1760]
a. 
Any violation of the terms of this chapter, of any condition of the license, or of any state, or local law or regulation may result in the revocation of the license and may further subject the licensee to any applicable penalties.
b. 
The provisions of this chapter shall be enforced by the Township Police Department, Township Zoning Officer and/or Township Health Officer as appropriate based on the nature of the violation.