[Added 7-20-2021 by Ord. No. O:2021-18]
As used in this article, the following terms shall have the
meanings indicated:
The New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act.
Encompasses all components of the cannabis industry. Accordingly,
it shall mean any business involved in cultivating, manufacturing,
distribution, sales, or testing of marijuana. While it may have a
component that administers medical cannabis to qualifying patients,
it is open to adult use of cannabis for person 21 years and older.
An ATC facility that acquires, possesses, sells, distributes,
transmits, gives, dispenses, or otherwise provides cannabis to person
21 years and older. While it may administer medical cannabis to qualifying
patients, it is open to adult use.
An organization issued a permit, conditional permit, and/or
a vertically integrated permit pursuant to the "Jake Honing Compassionate
Use Medical Cannabis Act," P.L. 2009, C. 307 (C. 24:6I-1 et al.) to
operate as a medical cannabis cultivator, medical cannabis manufacturer,
medical cannabis dispensary or clinical registrant prior to February
22, 2021; and includes any alternative treatment center deemed pursuant
to section 7 of the "Jake Honing Compassionate Use Medical Cannabis
Act" (C. 24:26I-7) to concurrently hold a medical cannabis cultivator
permit, a medical cannabis manufacturer permit, and a medical cannabis
dispensary permit and/or any alternative treatment center deemed to
concurrently hold any one or more class(es) of Cannabis Licensed Marketplace
license(s) pursuant to PL. 2021, c. 16 § 33, N.J.S.A. 24:6I-46,
and P.L. 2021, c. 16 § 34, amending N.J.S.A. 24:6I-7. For
the purposes of zoning, the ATC within Phillipsburg serves as the
interface between provider and patient and operates as a medical cannabis
dispensary. Cultivation and manufacturing activities within the Town
of Phillipsburg, unless within the same structure or property as a
medical or adult use dispensary, shall be treated as a separate use
category though it may be part of the license issued by the state
for a single entity.
The definition given to "marijuana," as provided in section
2 of the New Jersey Controlled Dangerous Substances Act, P.L. 1970,
c. 226 (effective January 17, 1971), codified at N.J.S.A. 24:21-1
et seq.
An organization issued a permit by the Commission to operate
as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler
or cannabis dispensary.
See "permitting authority."
An organization issued a permit by the permitting authority
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from medical cannabis cultivators; purchase or
obtain medical cannabis products and related supplies from medical
cannabis manufacturers; purchase or obtain medical cannabis, medical
cannabis products, and related supplies and paraphernalia from other
medical cannabis dispensaries; deliver, transfer, transport, distribute,
supply, and sell medical cannabis and medical cannabis products to
other medical cannabis dispensaries; furnish medical cannabis, including
medical cannabis products, to a medical cannabis handler for delivery
to a registered qualifying patient, designated caregiver, or institutional
caregiver consistent with the requirements of the Act; and possess,
display, deliver, transfer, transport, distribute, supply, sell, and
dispense medical cannabis, medical cannabis products, paraphernalia,
and related supplies to qualifying patients, designated caregivers,
and institutional caregivers. For the purposes of zoning, this shall
include the building, structure, or premises used for the dispensing
of medical cannabis.
The documents issued by the permitting authority pursuant
to the Act granting the legal right to operate as a cannabis business.
The entity responsible for the regulation and enforcement
of activities associated with the medical use of cannabis. This shall
include the New Jersey Department of Health and the Cannabis Regulatory
Commission, established pursuant to section 31 of P.L. 2019, c. 153
(C.24:6I-24), which shall assume all powers, duties, and responsibilities
with regard to the regulation and oversight of activities authorized
pursuant to P.L. 2009, c. 307 (C.24:6I-1 et al.) from the Department
of Health for the further development, expansion, regulation, and
enforcement of activities associated with the medical use of cannabis
pursuant to P.L. 2009, c. 307 (C.24:6I-1 et al.).
The dried leaves and flowers of cannabis, and any mixture
or preparation thereof, but does not include the seed, stems, stalks,
or roots of the plant.
Vertically integrated operations proposing to have cultivation,
manufacturing, and dispensing within the same facility. For the purpose
of zoning, vertically integrated facilities shall be considered dispensaries.
Pursuant to section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), the following cannabis classes be and hereby are prohibited
from operating anywhere in the Town of Phillipsburg:
A.
Class 1 cannabis cultivator license, for facilities involved in growing
and cultivating cannabis;
B.
Class 2 cannabis manufacturer license, for facilities involved in
the manufacturing, preparation, and packaging of cannabis items;
C.
Class 3 cannabis wholesaler license, for facilities involved in obtaining
and selling cannabis items for later resale by other licensees;
D.
Class 4 cannabis distributer license, for businesses involved in
transporting cannabis plants in bulk from on licensed cultivator to
another licensed cultivator, or cannabis items in bulk from any type
of licensed cannabis business to another;
E.
Class 5 cannabis retailer license for locations at which cannabis
items and related supplies are sold to consumers, except that the
preexisting alternative treatment center, which is the holder of a
valid preexisting alternative treatment center permit first issued
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana in accordance with the provisions of the "Jake Honing 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.) prior
to February 22, 2021, is approved by the Town of Phillipsburg to operate
as both a medical cannabis dispensary and a Class 5 cannabis retailer
within the geographic boundaries of the Town of Phillipsburg, and
therefore may operate a cannabis retail establishment that functions
as either or both a medical cannabis dispensary and an adult use cannabis
dispensary in order to carry on the retail sale of cannabis, cannabis
items and related supplies to consumers for medical purposes and adult-use
consumption, in accordance with the provisions hereinafter and at
P.L. 2021, c. 16 § 33, N.J.S.A. 24:6I-46, and P.L. 2021,
c. 16 § 34, (amending N.J.S.A. 24:6I-7) of the Act. For
zoning purposes, the alternative treatment center shall be permitted
within all zones of the Town, including B-1 Office Zones, B-2 Business
District (Highway Zone) and the B-4 Central Business District Zone;
and
F.
Class 6 cannabis delivery license, for businesses providing courier
services for consumer purchases that are fulfilled by a licensed cannabis
retailer in order to make deliveries of the purchases items to a consumer,
and which service would include the ability of a consumer to make
a purchase directly through the cannabis delivery service which would
be presented by the delivery service for fulfillment by a retailer
and then delivered to a consumer.
