[Added 8-19-2021 by Ord. No. 21-8]
As used in this article, the following terms shall have the
meanings indicated:
The New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act.[1]
Encompasses all components of the cannabis industry. Accordingly,
it shall mean any business involved in cultivating, manufacturing,
distribution, sales, or testing of marijuana. While it may have a
component that administers medical cannabis to qualifying patients,
it is open to adult use of cannabis for person 21 years and older.
A building, structure, or premises used for the cultivation
or storage of cannabis. Includes the planting, propagating, cultivation,
growing, harvesting and storing of cannabis for the limited purpose
of this chapter. A cultivation center may be physically separate and
off-site from the associated licensee's cannabis dispensary. When
connected to, or part of, the same property by which an alternative
treatment center dispenses from, it is considered part of the alternative
treatment center.
An ATC facility that acquires, possesses, sells, distributes,
transmits, gives, dispenses, or otherwise provides cannabis to persons
21 years and older. While it may administer medical cannabis to qualifying
patients, it is open to adult use.
Facility involved with compounding, making, and processing
of medical cannabis in all forms including those that involve food
handling.
An organization authorized through licensure issued by the
NJ State Department of Health and the Board of Medical Examiners to
perform activities necessary to provide registered qualifying patients
with usable cannabis and related paraphernalia in accordance with
the provisions of the Jake Honig Compassionate Use Medical Cannabis
Act (N.J.S.A. 24:61-2 et seq.). For the purposes of zoning, an ATC
is the interface between provider and patient and is synonymous with
a medical cannabis dispensary. Cultivation and manufacturing, unless
within the same structure or property as a dispensary, shall be treated
as a separate use category though it may be part of the license issued
by the state for a single entity.
The definition given to "marijuana," as provided in Section
2 of the New Jersey Controlled Dangerous Substances Act, P.L. 1970,
c. 226 (effective January 17, 1971), codified at N.J.S.A. 24:21-1
et seq.
An organization issued a permit by the Commission to operate
as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler
or cannabis dispensary.
See "permitting authority."
An organization issued a permit by the permitting authority
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 and dispensaries, as well as
to plant, cultivate, grow, and harvest medical cannabis for research
purposes. For the purposes of zoning, this shall include the building,
structure, or premises used for the cultivation or storage of medical
cannabis. A cultivation center may be physically separate and off-site
from an associated medical cannabis dispensary. When connected to,
or part of, the same property as a medical cannabis dispensary, the
cultivation center shall be considered part of the medical cannabis
dispensary.
An organization issued a permit by the permitting authority
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from medical cannabis cultivators; purchase or
obtain medical cannabis products and related supplies from medical
cannabis manufacturers; purchase or obtain medical cannabis, medical
cannabis products, and related supplies and paraphernalia from other
medical cannabis dispensaries; 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 the requirements of the Act; 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. For the purposes of zoning, this shall
include the building, structure, or premises used for the dispensing
of medical cannabis.
An organization issued a permit by the permitting authority
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from a medical cannabis cultivator; purchase
or obtain medical cannabis products from another medical cannabis
manufacturer; 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 dispensaries. For the purposes of zoning,
this shall include the building, structure, or premises used for the
manufacturing of medical cannabis products.
The documents issued by the permitting authority pursuant
to the Act granting the legal right to operate as a cannabis business.
The entity responsible for the regulation and enforcement
of activities associated with the medical use of cannabis. This shall
include the New Jersey Department of Health and the Cannabis Regulatory
Commission, established pursuant to Section 31 of P.L. 2019, c. 153
(N.J.S.A. 24:6I-24), which shall assume all powers, duties, and responsibilities
with regard to the regulation and oversight of activities authorized
pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.), from the
Department of Health for the further development, expansion, regulation,
and enforcement of activities associated with the medical use of cannabis
pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.).
The dried leaves and flowers of cannabis, and any mixture
or preparation thereof, but does not include the seed, stems, stalks,
or roots of the plant.
Vertically integrated operations proposing to have cultivation,
manufacturing, and dispensing within the same facility. For the purpose
of zoning, vertically integrated facilities shall be considered dispensaries.
Facilities licensed by the Commission to obtain and sell
cannabis items for later resale by other licensees.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
A.
Stand-alone cultivation centers.
Stand-alone cultivation centers, both adult-use and medical, shall
be permitted to be located within the following zones in accordance
with this chapter and the redevelopment plans where applicable. For
all properties, adherence to the site design standards of the Township
land development ordinances and redevelopment plans through a review
by the Zoning Official, and the Township Land Use Board when applicable,
is required. Cultivation centers are not permitted on lands with farmland
assessment and therefore will trigger a rollback of taxes. Issuance
of zoning permit and site plan approval may be required for sites
out of compliance with the provisions set forth herein. Zones permitted
include:
A.
Dispensaries. Dispensaries and
retail cannabis facilities, both adult-use and medical, shall be prohibited
within all zones of the Township. This includes alternative treatment
centers and vertically integrated facilities.
B.
Wholesalers. Wholesale cannabis
facilities shall be prohibited within all zones of the Township.
C.
Manufacturing facilities. Manufacturing
facilities shall be prohibited within all zones of the Township.
Cannabis products may be transferred or delivered, consistent
with the requirements of the Act, under a cannabis delivery license.
Mobile facilities shall not be permitted unless expressly authorized
under the Act or permitted by the permitting authority, and approved
by special permit by the Township.
A.
The cultivation of cannabis shall
not be permitted on exterior portions of a lot, unless under special
permit for the cultivation of hemp that is in conformance with Federal
Agriculture Improvement Act of 2018 (2018 Farm Bill). The cultivation,
production or possession of cannabis within a building or unit must
not be perceptible from the exterior of the building or unit from
a street or residential use. Such use shall adhere to the bulk standards
of the underlying zoning.
B.
Cannabis businesses must limit
signage to text on external signage, labeling, and brochures. Use
of graphics shall be limited to the logo for the business so long
as it does not include a cannabis plant leaf and outward glorification
of cannabis consumption.
C.
All other Township sign regulations
must be complied with.
D.
Cannabis business signage shall
not display on the exterior of the facility or windows advertisements
for cannabis or a brand name except for purposes of identifying the
building by the permitted name.
E.
Parking shall be provided as provided for in § 525-34, except that a cultivation center shall be the same as research and laboratory use.
F.
In the event of a conflict between
the Township bulk standards and the Act or the permitting authority's
regulations, the Township shall consider the pertinent statute or
regulation as justification of any variance and/or design waiver.
Security systems must be in place, along with a 24/7 recording
system that records for a minimum thirty-day archive. This system
shall be shared with the New Jersey State Police via web browser.
Outside areas of the premises and the perimeter shall be well lit.
The New Jersey State Police shall be provided the name and phone number
of a staff person to notify during suspicious activity during or after
operating hours. Security staff is required on the premises during
all hours of operation. Additionally:
Cannabis plants, products, accessories, and associated paraphernalia
contained in any cannabis business shall not be visible from a public
sidewalk, public street or right-of-way, or any other public place.
On-site storage of usable cannabis shall comply with 21 CFR 1301.72.
All products and accessories shall be stored completely indoors
and on-site in accordance with the Act and the permitting authority
regulations.
A.
Sufficient measures and means
of preventing smoke, odors, debris, dust, fluids and other substances
from exiting the cannabis business premises shall be provided at all
times. In the event that any debris, dust, fluids or other substances
shall exit the business premises, the property owner and operator
shall be jointly and severally responsible for the full cleanup immediately.
B.
Businesses shall properly dispose
of all materials and other substances in a safe and sanitary manner
in accordance with state regulations.
C.
As applicable, cannabis businesses
shall be equipped with ventilation systems with carbon filters sufficient
in type and capacity to eliminate cannabis odors emanating from the
interior to the exterior of the premises discernible by reasonable
persons. The ventilation system must be inspected and approved by
the Construction Official.
D.
If carbon dioxide will be used
in any cultivation area, sufficient physical barriers or a negative
air pressure system shall be in place to prevent carbon dioxide from
moving into the ambient air, into other units in the same building
or into an adjacent building in a concentration that would be harmful
to any person, including persons with respiratory disease, and shall
be inspected and approved by the Construction Official and the Fire
Marshall.
E.
All state regulations concerning
ventilation systems shall be followed.
Any cannabis business and the adjacent grounds of the cannabis
business shall comply with all zoning, health, building, fire, and
other codes and ordinances of the Township as shown by completed inspections
and approvals by the Township Planner, Construction Division, Fire
Safety Division, and the County and Township Health Departments, if
applicable.
The premises of a cannabis business, and any adjacent grounds
thereto, shall be operated in a manner that does not cause any substantial
harm to the public health, safety and welfare.
At the time a site plan approval is granted, amended, or a major
change to a cannabis business is approved, the Township may impose
on the applicant any condition related to the proposed use that is
reasonably necessary to protect the public health, safety or welfare,
not inconsistent with the permitting authority requirements, including,
but not limited to, the following:
A.
Additional security requirements;
B.
Limits and requirements on parking
and traffic flows;
C.
Requirements for walls, doors,
windows, locks and fences on the premises and adjacent grounds;
D.
Requirements and limits on ventilation
and lighting;
E.
Limits on noise inside the licensed
premises or on the adjacent grounds;
F.
Prohibitions on certain conduct
in the cannabis business;
G.
Limits on hours of operation.
Any violation of the provisions of this article, or the conditions
of the zoning permit granted, by a cannabis business shall be punishable
by a civil fine of up to $1,000. Each day that a violation is committed,
exists or continues shall be deemed a separate and distinct offense.
In addition, any violation of the provisions of this article, or any
conditions imposed by the zoning permit, may result in the revocation
of the zoning permit.
To the extent any provisions of the Township redevelopment plans,
zoning and site plan standards conflict with this section, the provisions
and standards of this section shall control.
