The regulations of this chapter 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, including the Commission. If any provision of this chapter is inconsistent with state statutes and/or regulations, the state statutes and/or regulations shall prevail.
The purpose of this chapter is to enable the Township of Middle to take effective action to assure that all cannabis-related businesses advance the requirements of their licensure as regulated by the State of New Jersey, by ensuring the citizens of the Township of Middle are provided ample opportunity to participate within this new industry while advancing community development initiatives, including but not limited to social-justice-related programming, job training, enhanced recreational opportunities, public health and drug prevention education, and/or support thereof.
A. 
The following terms, as used in this chapter, shall have the meanings as set forth in N.J.S.A. 24:6I-33:
(1) 
Cannabis.
(2) 
Cannabis cultivator.
(3) 
Cannabis delivery service.
(4) 
Cannabis distributor.
(5) 
Cannabis item.
(6) 
Cannabis manufacturer.
(7) 
Cannabis product.
(8) 
Cannabis retailer.
(9) 
Cannabis wholesaler.
(10) 
Commission.
(11) 
Consumer.
(12) 
Licensee.
(13) 
Premises or licensed premises.
B. 
In addition to the foregoing definitions, the following definitions shall apply:
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, or a cannabis retailer.
CANNABIS FACILITY
The property or location at which a cannabis establishment is licensed to operate its business.
CONCEPT PLAN
A site plan, land survey or conceptual plan drawn on a tax map depicting all of the following:
(1) 
All existing structures, setbacks, distances and an indication of whether the existing structures and uses will be retained or removed;
(2) 
All proposed project improvements, dimensions, setbacks, and other proposed site improvements;
(3) 
All means of vehicular and pedestrian access, ingress and egress to and from the site and the cannabis facility, including the location and width of proposed sidewalks, the distances to adjacent public streets, the location of any existing and proposed driveways on the site and the distances and locations of any existing driveways on adjacent lots that are within 75 feet of the site;
(4) 
The location of all existing utilities, including but not limited to water and sewer mains, electricity, and cable, the anticipated means and locations of connecting to said utilities; and
(5) 
The location and height of any fences, signs, and/or accessory buildings.
CONCURRENT LICENSE HOLDER
Any person, firm, corporation, or other entity authorized pursuant to N.J.S.A. 24:6I-46 to concurrently hold more than one state license.
CREAMM ACT
The New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), as amended and supplemented, that authorizes the CRC to expand and further develop the current Medicinal Cannabis Program as well as develop, regulate, and enforce the rules and activities associated with recreational cannabis for adults 21 years or older.
INDOOR CANNABIS CULTIVATOR
A cannabis cultivator that grows, cultivates and/or produces cannabis entirely within a permanent building or structure, whose contents are not visible from any public area outside of the building or structure, and is accessible only through one or more locked doors that are secured against unauthorized entry.
LOCAL LICENSE
A license issued by the Township of Middle pursuant to § 106-7, authorizing the operation of a cannabis establishment within the Township of Middle.
LOCAL LICENSE HOLDER
Any cannabis establishment that has been issued a local license pursuant to this Code.
MICROBUSINESS
A person or entity licensed under the CREAMM Act as a cannabis cultivator, cannabis manufacturer, or cannabis retailer that may only, with respect to its business operations and capacity and quantity of product:
(1) 
Employ no more than 10 employees;
(2) 
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;
(3) 
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;
(4) 
Acquire each month, in the case of a cannabis manufacturer, no more than 1,000 pounds of usable cannabis; and
(5) 
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.
OUTDOOR CANNABIS CULTIVATOR
A cannabis cultivator that grows, cultivates and/or produces cannabis in such a manner as to not qualify as an indoor cannabis cultivator.
RESOLUTION OF LOCAL SUPPORT
A resolution adopted by the Township Committee in accordance with § 106-5 indicating the Township's local support for the suitability of the proposed location for the cannabis facility and for the cannabis establishment.
STATE LICENSE
A license issued to a cannabis establishment by the Commission or any other state agency authorized to issue licenses to any cannabis establishment, as applicable, pursuant to the CREAMM Act.
ZONING COMPLIANCE AFFIDAVIT
A letter or affidavit issued by the Township Zoning Officer pursuant to § 106-6 indicating that the proposed location for the cannabis establishment will conform to municipal zoning requirements allowing for such activities related to the cultivation, manufacturing, or retail sales as will be conducted at the proposed cannabis facility as required by the CREAMM Act.
A. 
Class 1 cannabis cultivators, Class 2 cannabis manufacturers, and Class 5 cannabis retailers are permitted uses in all zoning districts of Middle Township subject to the applicant's receipt of all applicable planning, zoning, and other local and state regulatory permits, licenses, and approvals.
B. 
The delivery of cannabis items and related supplies by a delivery service is permitted in all zoning districts of Middle Township.
C. 
Unless otherwise specified above, all uses requiring a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor license, or a Class 6 cannabis delivery services license shall be prohibited within Middle Township.
D. 
No authorized and approved license class(es) establishment shall be located within a distance of 1,000 feet from the boundaries of the property on which the cannabis establishment is located to the boundaries of the property on which the following land uses are located; a public or private school, including elementary, vocational, or secondary schools, colleges, and universities; a state-licensed child-care center; a house of worship; and a state-licensed addiction recovery facility.