[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
It is the purpose and intent of this chapter to promote the
health, safety, morals, and general welfare of the residents and businesses
within the City of Linden by regulating the cultivation, processing,
extraction, manufacturing, testing, distribution, transportation,
sale, and consumption of cannabis, for recreational purposes as currently
allowed under New Jersey State law. It is the purpose and intent of
this chapter to prohibit Cannabis Dispensaries, but permit Cannabis
Businesses, upon application and approval of a regulatory permit,
and in accordance with the criteria and procedures set forth in this
Code. It is the purpose and intent of this Chapter to provide opportunities
for cannabis businesses to operate in the City, while imposing regulations
on the use of land to protect the City's neighborhoods, residents,
and businesses from negative impacts. It is a further purpose and
intent of this Chapter to regulate the cultivation, manufacturing
and processing of cannabis and cannabis-related products in a manner
which is responsible, which protects the health, safety, and welfare
of the residents of the City of Linden, and to enforce rules and regulations
consistent with state law. In part to meet these objectives, an annual
permit shall be required in order to own and/or to operate a Cannabis
Business within the City of Linden. Nothing in this Chapter is intended
to authorize the possession, use, or provision of cannabis for purposes,
which violate state or federal law. The provisions of this Chapter
are in addition to any other permits, licenses and approvals which
may be required to conduct business in the City, and are in addition
to any permits, licenses and approval required under State, County,
or other law.
[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
Pursuant to the New Jersey Constitution, the provisions of the
"New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace
Modernization Act" (the "NJCREAMM Act") (and as the same may be amended
from time to time), and regulations promulgated thereunder by the
New Jersey Cannabis Regulatory Commission ("CRC"), the City of Linden
is authorized to adopt ordinances that establish standards, requirements
and regulations for local licenses and permits for cannabis and cannabis-related
activity. Any standards, requirements, and regulations regarding health
and safety, security, and worker protections established by the State
of New Jersey, or any of its departments or divisions, shall be the
minimum standards applicable in the City of Linden to cannabis, and/or
cannabis-related activity.
[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
It is the responsibility of the owners and operators of the
cannabis business to ensure that it is, at all times, operating in
a manner compliant with all applicable state and local laws, and any
regulations promulgated thereunder, and any specific additional operating
procedures or requirements which may be imposed as conditions of approval
of the cannabis business permit. Nothing in this Chapter shall be
construed as authorizing any actions which violate federal, state
law or local law with respect to the operation of a cannabis business.
