As used in this chapter, the following terms shall have the
meanings as indicated below. Any term not defined herein shall have
the meaning as established by § 40 of Public Law 2021-16
(N.J.S.A. 24:6I-33).
ACT
Public Law 2021, c. 16, commonly known as the "New Jersey
Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act," codified at N.J.S.A. 24:6I-31 et seq.
ALTERNATIVE TREATMENT CENTER
An organization issued a permit pursuant to the Jake Honig
Compassionate Use Medical Cannabis, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1
et seq.) to operate as a medical cannabis cultivator, medical cannabis
manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to § 7
of that act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis
cultivator permit, a medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
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 in accordance with P.L. 2021, c.
16 (N.J.S.A. 24:6I-31 et seq.) for use in cannabis products as set
forth in this act, 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 the
Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307
(N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22
et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to
any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the
New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.),
or marijuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A.
24:21-2) and applied to any offense set forth in the New Jersey Controlled
Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.);
or hemp or a hemp product cultivated, handled, processed, transported,
or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c.
238 (N.J.S.A. 4:28-6 et seq.).
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 1 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 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
cannabis 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 ESTABLISHMENT
Any person or entity that holds any of the six classes of
license established under the Act.
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 cannabis manufacturer license.
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:
A.
Usable cannabis by itself; or
B.
Cannabis extract by itself; or
C.
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. 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.
MICROBUSINESS
Any person or entity licensed as a cannabis cultivator, cannabis
manufacturer, cannabis wholesaler, cannabis distributor, cannabis
retailer, or cannabis delivery service that may only, with respect
to its business operations, and capacity and quantity of product:
A.
Employ no more than 10 employees;
B.
Operate a cannabis establishment occupying an area of no more
than 2,500 square feet, and in the case of a cannabis cultivator,
grow cannabis on an area no more than 2,500 square feet measured on
a horizontal plane and grow above that plane not higher than 24 feet;
C.
Possess no more than 1,000 cannabis plants each month, except
that a cannabis distributor's possession of cannabis plants for transportation
shall not be subject to this limit;
D.
Acquire each month, in the case of a cannabis manufacturer,
no more than 1,000 pounds of usable cannabis;
E.
Acquire for resale each month, in the case of a cannabis wholesaler,
no more than 1,000 pounds of usable cannabis, or the equivalent amount
in any form of manufactured cannabis product or cannabis resin, or
any combination thereof; and
F.
Acquire for retail sale each month, in the case of a cannabis
retailer, no more than 1,000 pounds of usable cannabis, or the equivalent
amount in any form of manufactured cannabis product or cannabis resin,
or any combination thereof.
It is the intent of this chapter to set forth the locations
within the Township where a cannabis establishment may be located,
and to establish the regulatory framework to implement the provisions
of the Act, including the imposition of a cannabis tax, as permitted
by § 40 of the Act, at a uniform percentage rate not to exceed 2% of the receipts
from each sale by a cannabis cultivator; 2% 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, which
shall be in addition to any other tax or fee imposed pursuant to any
other statute or local ordinance or resolution by any governmental
entity having regulatory authority of the cannabis establishment.
The regulations and prohibitions of this section are subject
to the enabling authority of the State of New Jersey and are subject
to compliance with all statutes and/or regulations adopted by the
State of New Jersey or its instrumentalities. If any provision of
this section is inconsistent with the statutes and/or regulations
of the State of New Jersey, the state statutes and/or regulations
shall prevail.
A. Any proposed cannabis establishment
shall be required to submit for site plan review and approval by the
Township Planning Board. Site plan review shall include architectural
plans that include scaled drawings of the interior and exterior of
the premises showing the location of all operations, any seating and
waiting areas, waste removal and garbage storage areas. All storage
of waste materials and garbage shall be in enclosed containers that
shall be stored inside the main building or in a separately enclosed
and secure structure that will completely confine odors and obstruct
view of the waste/garbage.
B. On-site consumption of cannabis
products is prohibited and adequate signage shall be provided which
indicates such.
C. The sale and/or consumption of
tobacco or alcohol on-site is prohibited.
D. The sale of cannabis products
to visibly intoxicated individuals is prohibited.
E. Cannabis retailer businesses shall
have equipment in place to mitigate any potential odors which may
have a deleterious effect on the surrounding area. The cannabis retailer
business shall be equipped with a ventilation system sufficient enough
to keep odors from emanating from the premises.
F. All cannabis retailer businesses
must provide the Bordentown Township Police Department with immediate
access to security footage upon request by the Township.
G. A cannabis establishment shall
provide a detailed security plan for review and comment by the Bordentown
Township Police. The premises shall be secured in accordance with
State of New Jersey statutes and regulations; shall have a round-the-clock
video surveillance system, 365 days a year; shall have trained security
personnel on-site at all times during operating hours; and the security
plan shall include the name and contact information of a designated
person to respond to community concerns.
H. Any proposed cannabis establishment
shall submit a written report describing the full particulars of the
proposed use, including, but not limited to, hours of operation, anticipated
customer volume, on-site parking required to accommodate customer
volume and measures to be taken to avoid nuisance effects upon adjacent
properties and nearby residential areas.
I. Any cannabis establishment shall not be located in a drug-free school zone as shown on the officially adopted map pursuant to Chapter
247, Article
I, Drug-Free School Zones, §
247-1, of the Code of the Township of Bordentown.
J. Cannabis plants, products, and
paraphernalia shall not be visible from outside the building in which
the cannabis establishment is located.
K. A cannabis establishment shall
not open before 9:00 a.m. or remain open to customers after 9:00 p.m.,
Monday through Saturday, and shall not remain open to customers after
8:00 p.m. on Sundays.
L. Cannabis establishment signage
shall not contain text and/or image intended to promote excessive
consumption of legal cannabis products. The signage shall not have
the words "weed" or "marijuana," or depict marijuana or cannabis plants,
or contain graphics indicating such images or wording.
The Township of Bordentown hereby imposes a cannabis user tax at rates equivalent to the cannabis transfer tax rates set forth in §
222-5 as permitted by § 40 of the Act, operating more than one cannabis establishment. The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the transfer tax imposed pursuant to §
222-7, from the license holder's establishment that is located in the Township of Bordentown to any of the license holder's other establishments, whether located in the Township of Bordentown or another municipality.