Township of West Amwell, NJ Chapter 140 Taxation

[HISTORY: Adopted by the Township Committee of the Township of West Amwell as indicated in article histories. Amendments noted where applicable.]

Article I Cannabis Transfer Tax

[Adopted 8-18-2021 by Ord. No. 06-2021]

§ 140-1 Purpose.

It is the purpose of this article to implement the provisions of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021 (approved February 22, 2021),[1] and the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (approved January 18, 2010), amended by P.L. 2019, c. 153 (approved July 2, 2019), codified at N.J.S.A. 24:6I-1 et seq., which authorizes the governing body of a municipality to adopt an ordinance imposing a transfer tax on cannabis products, which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the dispensary.

[1] Editor's Note: See N.J.S.A. 24:6I-31 et seq.

§ 140-2 Medical cannabis transfer tax.

[Amended 4-20-2022 by Ord. No. 03-2022]

There is hereby established a medical cannabis transfer tax in the Township of West Amwell, which shall be fixed at a uniform percentage rate of 2% on the purchase price of any medical cannabis dispensed by a medical cannabis dispensary in the Township, including medical cannabis that is furnished by the dispensary to a medical cannabis handler for delivery to a registered qualifying patient or the patient's caregiver, and which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the dispensary.

§ 140-3 Adult use cannabis transfer tax.

There is hereby established a transfer tax at a uniform percentage rate not to exceed 2% of the receipts from each sale by a cannabis cultivator; 2% of the receipts from each sale by a cannabis manufacturer; 1% of the receipts from each sale by a cannabis wholesaler; and 2% of the receipts from each sale by a cannabis retailer located in the Township, which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the dispensary.