[HISTORY: Adopted by the Township Committee of the Township
of West Amwell as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-6-2023 by Ord. No. 12-2023[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Cannabis Transfer Tax, adopted 8-18-2021 by Ord. No. 06-2021, as amended 4-20-2022 by Ord. No. 03-2022; and 7-19-2023 by Ord. No. 05-2023.
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. 24:61-1
et seq., which authorizes the governing body of a municipality to
adopt an ordinance imposing a transfer tax or user tax on the sale
of any usable cannabis or cannabis products by a cannabis establishment
located within the municipality, 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 cannabis establishment.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
There is hereby established a user tax imposed on the sale or
transfer of any usable cannabis or cannabis products by a cannabis
establishment located within the Township. The user tax rate shall
be assessed at 2% of the receipts from each sale by a cannabis cultivator,
cannabis manufacturer and cannabis retailer. The user tax rate shall
be assessed at 1% of the receipts from each sale by a cannabis wholesaler.
The user tax shall also be imposed upon any transfer of any usable
cannabis or cannabis products to any person or cannabis establishment,
including any transfer to another cannabis establishment owned by
the licensee. Transfers shall be taxed according to the full retail
value of the usable cannabis or cannabis products transferred. The
user tax shall not apply to retail sales of medical cannabis. The
user tax shall be in addition to any other tax or fee imposed pursuant
to statute or local ordinance or resolution by any governmental entity
with regard to cannabis. Any transaction for which the user tax is
imposed is exempt from the tax imposed under the Sales and Use Tax
Act,[1] except for those which generate receipts from the retail
sales by cannabis retailers.
[1]
Editor's Note: See N.J.S.A. 54:32B-1 et seq.
