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 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" does not include: medical cannabis dispensed to registered qualifying patients pursuant to N.J.S.A. 24:61-1 et al. and N.J.S.A. 18A:40-12.22 et al.; marijuana as defined N.J.S, 2C:35Q; or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to N.J.S.A. et al.
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. This person or entity shall hold a Class I 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 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 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 Manufacturer license.
CANNABIS PARAPHERNALIA Any equipment, products, or materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body.
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: (1) usable cannabis by itself; or (2) cannabis extract by itself; or (3) 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 that will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 Cannabis Retailer license.
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.
COMMISSION The Cannabis Regulatory Commission established pursuant to N.J.S.A. 24:6I-24(31).
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.
LICENSE A license issued under N.J.S.A. 24:61-1 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, or a Class 6 Cannabis Delivery license.
MEDICAL CANNABIS Cannabis dispensed to registered qualifying patient pursuant to N.J.S.A. 24:61-1 et al. and N.J.S.A. 18A:40-12.22 et al. Medical cannabis does not include any adult use cannabis or cannabis item that is cultivated, produced, processed, and consumed.
MEDICAL CANNABIS CLINICAL REGISTRANT An entity that has a written contractual relationship with an academic medical center in the region in which it has its principal place of business, which includes provisions whereby the patties will engage in clinical research related to the use of medical cannabis and the academic medical center or its affiliate will provide advice to the entity regarding patient health and safety, medical applications, and dispensing and managing controlled dangerous substances, among other areas.
MEDICAL CANNABIS CULTIVATOR An organization holding a permit issued by the commission that authorizes the organization to: possess and cultivate cannabis and deliver, transfer, transport, distribute, supply, and sell medical cannabis and related supplies to other medical cannabis cultivators and to medical cannabis manufacturers, clinical registrants, and medical cannabis dispensaries, as well as to plant, cultivate, grow, and harvest medical cannabis for research purposes. A medical cannabis cultivator permit shall not authorize the permit holder to manufacture, produce, or otherwise create medical cannabis products, or to deliver, transfer, transport, distribute, supply, sell or dispense medical cannabis, medical cannabis products, paraphernalia, or related supplies to qualifying patients, designated caregivers, or institutional caregivers.
MEDICAL CANNABIS DISPENSARY An organization issued a permit by the commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and purchase or obtain medical cannabis related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products, to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver consistent with N.J.S.A. 24:6120(27)(i); and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers. A medical cannabis dispensary permit shall not authorize the permit holder to cultivate medical cannabis, to produce, manufacture, or otherwise create medical cannabis products.
MEDICAL CANNABIS MANUFACTURER An organization issued a permit by the commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from a medical cannabis cultivator or a clinical registrant; purchase or obtain medical cannabis products from another medical cannabis manufacturer or a clinical registrant; produce, manufacture, or otherwise create medical cannabis products; and possess, deliver, transfer, transport, distribute, supply, and sell medical cannabis products and related supplies to other medical cannabis manufacturers and to medical cannabis dispensaries and clinical registrants. A medical cannabis manufacturer permit shall not authorize the permit holder to cultivate medical cannabis or to deliver, transfer, transport, distribute, supply, sell, or dispense medical cannabis, medical cannabis products, paraphernalia, or related supplies to registered qualifying patients, designated caregivers, or institutional caregivers.
PERMIT A permit issued under N.J.S.A. 24:61-1 et al., that is designated as either a medical cannabis alternative treatment center permit, a medical cannabis cultivator permit, a medical cannabis manufacturer permit, a medical cannabis dispensary permit, or a medical cannabis clinical registrant permit.
PREMISES or LICENSED PREMISES Include the following areas of a location licensed under N.J.S.A. 24:61-1 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 the 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; 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.
The purpose of this article is to:
A. Provide regulations and standards for the establishment and operation of medical and adult use cannabis businesses.
B. Provide appropriate locations for medical and adult use cannabis businesses, by permit type for medical cannabis (medical cannabis alternative treatment center, medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, and medical cannabis clinical registrant) and license type for adult use cannabis (cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, and cannabis retailer), that will minimize conflicts with other uses, thereby advancing public health, safety and welfare.
This article is authorized under N.J.S.A. et al., pertaining to medical and adult use cannabis, and N.J.S.A. 40:55D-1 et seq., pertaining to land use.
Permitted uses shall be as follows:
A. Medical cannabis alternative treatment center, in accordance with this chapter.
B. Medical cannabis cultivator, in accordance with this chapter.
C. Medical cannabis manufacturer, in accordance with this chapter.
D. Medical cannabis dispensary, in accordance with this chapter.
E. Medical cannabis clinical registrant, in accordance with this chapter.
F. Cannabis cultivator, in accordance with this chapter.
G. Cannabis manufacturer, in accordance with this chapter.
H. Cannabis wholesaler, in accordance with this chapter.
I. Cannabis distributor, in accordance with this chapter.
J. Cannabis retailer, in accordance with this chapter.
Permitted accessory uses shall be as follows:
A. Administrative office for business on site.
B. Environmental equipment, as may be required by the Environmental Protection Agency or by the Department of Environmental Protection.
D. Trash enclosure for solid waste and recyclables.
The following uses shall be prohibited:
C. Sale of noncannabis food, noncannabis beverages, alcohol or tobacco or consumption of food, beverages, alcohol or tobacco on the premises of a medical cannabis dispensary or a cannabis retailer.
D. Consumption area for either a medical cannabis dispensary or a cannabis retailer.
E. Any residential use of the property.
F. Cannabis delivery service.
Security shall be provided in accordance with N.J.A.C. 8:64-9.7.