[Adopted 10-20-2020 by Ord. No. O:2020-22]
A. 
The State of New Jersey acknowledged there is a beneficial use for marijuana in treating or alleviating the pain or other symptoms associated with certain debilitating medical conditions and therefore has adopted the Jake Honig Compassionate Use Medical Cannabis Act (CUMCA).
B. 
The CUMCA authorizes the Town to implement a Medical Cannabis Transfer Tax on any medical cannabis dispensed by the dispensary, 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.
The definitions, including a medical cannabis dispensary, are defined in the CUMCA, N.J.S.A. 24:6I-3, and are incorporated herein by reference and shall have the same meaning.
A. 
The medical cannabis transfer tax in the Town of Phillipsburg shall be fixed at a uniform percentage rate of 2% on all sales or transfers of cannabis products from a medical cannabis dispensary, pursuant to N.J.S.A. 24:6I-10(i) of the CUMCA.
B. 
The medical cannabis transfer tax shall be in addition to any other tax or fee imposed pursuant to statute, state and federal, or local ordinance or resolution by any government entity upon a medical cannabis dispensary.
C. 
The tax imposed by this section shall be paid to the Town quarterly in the same manner as payments made for real property taxation with a report certified as true and accurate by the Chief Financial Officer, Comptroller or other similarly situated person showing the gross revenues for the medical cannabis dispensary for each month of the preceding year. The Town may require that the medical cannabis dispensary obtain a financial report from an independent accountant certifying as to the annual revenues for the preceding year.
[Amended 3-2-2021 by Ord. No. O:2021-09]
D. 
A copy of this article shall be transmitted to the State Treasurer and to every medical cannabis dispensary within the Town of Phillipsburg.