[Added 3-26-2019 by Ord. No. 2019-20; amended 12-14-2021 by Ord. No. 2021-73]
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 ALTERNATIVE TREATMENT CENTER or ALTERNATIVE TREATMENT CENTER
An organization issued a permit, including a conditional permit, by the Cannabis Regulatory Commission to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant.
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.
C. 
Parking.
D. 
Trash enclosure for solid waste and recyclables.
E. 
Fencing.
F. 
Signage.
The following uses shall be prohibited:
A. 
Outdoor grow area.
B. 
Agricultural greenhouse.
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.
A. 
Signage for medical cannabis businesses shall be in accordance with the standards in this chapter, in addition to N.J.A.C. 8:64-12.1. Standards specific to medical cannabis alternative treatment centers are as follows:
(1) 
Alternative treatment centers shall restrict signage to black text on a white background on external signage.
(2) 
Alternative treatment center signage shall not be illuminated at any time.
(3) 
Alternative treatment centers shall not display on the exterior of the facility advertisements for medical cannabis or a brand name except for the purposes of identifying the building by the permitted name.
(4) 
Cannabis and paraphernalia shall not be displayed or clearly visible to a person from the exterior of an alternative treatment center.
(5) 
Signs restricting access to the medical cannabis alternative treatment center shall be installed at the entrance drive and at the public entrance to the building.
B. 
In the absence of any specific sign standards adopted by the Cannabis Regulatory Commission for other medical cannabis businesses or for adult use cannabis businesses, the signage standards in the Land Use Ordinance shall be utilized. Should the Cannabis Regulatory Commission develop standards, the more stringent of the state or municipal standards shall prevail.
A. 
A medical or adult use cannabis business shall be developed in accordance with the standards in this chapter. In the event there is a conflict with a provision in this article, the provision in this chapter shall govern.
B. 
All medical and adult use cannabis business activities shall be conducted indoors.
Security shall be provided in accordance with N.J.A.C. 8:64-9.7.
A. 
The parking requirement for a medical or adult use cannabis business, with the exception of a medical cannabis dispensary or a cannabis retailer, shall be one space per employee on the main work shift.
B. 
The parking requirement for a medical cannabis dispensary or a cannabis retailer shall be one space per 200 square feet of gross floor area.
C. 
The parking requirement for a medical cannabis alternative treatment center, which may be a vertically integrated operation, shall be one space per 200 square feet of gross floor area devoted to the dispensary function and one space per employee on the main work shift for the other functions.
A. 
Buffers alongside and rear property lines shall be a minimum of 25 feet, while buffers along front property lines shall be a minimum of 30 feet.
B. 
Screening shall not be required because of the heightened need for security for a cannabis business.
C. 
Fencing, a minimum of eight feet tall, shall be installed around the developed portion of the site that is restricted from public access. Fencing may be installed around the entire site behind the required thirty-foot front buffer for a cannabis business, other than a medical cannabis dispensary or a cannabis retailer.
D. 
The thirty-foot front buffer shall be an irrigated landscaping bed. Vegetation in this bed shall not exceed a height of three feet. Additional landscaping shall not be required because of the heightened need for security for a cannabis business.
A. 
No medical cannabis dispensary or cannabis retailer shall be located closer than 500 feet to a day-care center, park, church, liquor store or other medical cannabis dispensary or cannabis retailer, or closer than 1,000 feet to a school (public, charter, parochial, private, vocational or college), as measured by the shortest distance property line to property line.
B. 
No medical cannabis dispensary or cannabis retailer shall be located further than 15,000 feet from a N.J. Route 55 interchange, Said distance shall be measured from a point at the center of the 300-foot Route 55 right-of-way (additional right-of-way devoted to ramps excluded) and the center of the intersecting road right-of-way.
C. 
Only one medical cannabis company having a state permit or permits shall be permitted in the City. A medical cannabis dispensary may or may not be located on the same site as the medical cannabis cultivation facility. It is recognized that a medical cannabis alternative treatment center is deemed eligible to apply for adult use cannabis licenses.
D. 
No cannabis retailer's premises shall be located in or upon any premises in which operates a grocery store, delicatessen, indoor food market, or other store engaging in retail sales of food, or in or upon any premises in which operates a store that engages in licensed retail sales of alcoholic beverages.
E. 
Two cannabis retailers having a state license shall be permitted in the City of Vineland.
[Amended 3-22-2022 by Ord. No. 2022-26]
F. 
Five cannabis cultivators, five cannabis manufacturers, five cannabis wholesalers and five cannabis distributors shall be permitted in the City of Vineland.
[Amended 3-22-2022 by Ord. No. 2022-26]
G. 
For a medical cannabis dispensary or a cannabis retailer, hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.
A. 
The state shall enforce the provisions of medical cannabis permits and cannabis licenses.
B. 
The Zoning Officer shall enforce the zoning and site plan provisions of this article.