Cannabis distributors, retailers and delivery services, as said
terms are defined in Section 3 of P.L. 2021, c. 16 ("New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act") shall be prohibited in all zones of the municipality, but the
delivery of cannabis items and related supplies by a delivery service
is permissible.
As used in this chapter, the following terms shall have the
meanings indicated:
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 al.) for use in cannabis products, 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 BUSINESS
Any person or entity that holds any of the six classes of
licenses established under P.L. 2021, c. 16, the "New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act."
CANNABIS CONSUMPTION AREA
A designated location operated by a licensed cannabis retailer
or permit holder for dispensing medical cannabis, for which both a
state and local endorsement has been obtained, that is either:
A.
An indoor, structurally enclosed area of the cannabis retailer
or permit holder that is separate from the area in which retail sales
of cannabis items or the dispensing of medical cannabis occurs; or
B.
An exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical cannabis
either obtained from the retailer or permit holder or brought by a
person to the consumption area may be consumed.
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or
produces cannabis, 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 items 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
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
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. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 Cannabis Retailer license.
CANNABIS TESTING FACILITY
An independent, third-party entity meeting accreditation
requirements established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
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.
A cannabis business licensee shall maintain security on the
site in accordance with the security plan that is approved by the
Chief of Police. Such plan shall include appropriate non-chain-link
fencing, security personnel, lighting, transport of product and receipts,
and site control features that prevent unauthorized entry. All growing
areas shall be fully enclosed by a six-foot-tall, non-chain-link fence
of a material and strength to prevent unauthorized access and public
viewing.
Shipping/distribution for cultivation, manufacturing and wholesale
uses shall be limited to 8:00 a.m. to 8:00 p.m.