[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
When used in this Chapter, the following words shall have the
meanings ascribed to them as set forth herein. Any reference to New
Jersey statutes includes any regulations promulgated thereunder and
is deemed to include any successor or amended version of the referenced
statute or regulatory provision.
Means all parts of the Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof;
the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin. "Cannabis" also
means the separated resin, whether crude or purified, obtained from
marijuana. "Cannabis" also means marijuana as defined by the New Jersey
Health and Safety Code. "Cannabis" does not include the mature stalks
of the plant, fiber produced from the stalks, oil or cake made from
the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination. For the purpose of this Chapter,
"cannabis" does not mean industrial hemp as that term is defined by
the New Jersey Food and Agricultural Code or the New Jersey Health
and Safety Code.
Means the businesses of commercial cannabis cultivation,
cannabis manufacturer, cannabis testing laboratory, and cannabis distributor.
Includes cultivation, manufacture, processing, laboratory
testing, transporting, delivery, distribution, or sale of cannabis
or a cannabis product, within the meaning of the New Jersey Business
and Professions Code.
Means a regulatory permit issued by the City of Linden pursuant
to this Chapter to a cannabis business and is required before any
cannabis activity may be conducted in the City of Linden. The initial
permit and annual renewal of a cannabis business permit is made expressly
contingent upon the business' ongoing compliance with all of
the requirements of this Chapter, any regulations adopted by the City
governing the cannabis activity at issue, compliance with any conditions
of approval placed on the use of the Cannabis Business site, and payment
of all fees, taxes and any other amounts owed to the City related
to the Cannabis Business Activity.
Means manufactured cannabis that has undergone a process
to concentrate the cannabinoid active ingredient, thereby increasing
the product's potency. An edible cannabis product is not considered
food, as defined by the New Jersey Health and Safety Code, or a drug,
as defined by the New Jersey Health and Safety Code.
Means a Cannabis Operator permitted pursuant to this Chapter
to operate a location or a facility where a person conducts the business
of procuring cannabis from permitted Cannabis Cultivation Sites or
Cannabis Manufacturers for sale to permitted Cannabis Dispensaries,
and the inspection, quality assurance, batch testing by a licensee,
storage, labeling, packaging and other processes prior to transport
to permitted Cannabis Dispensaries.
Means a State license issued pursuant to NJCREAMM Act, as
may be amended from time to time.
Means a person issued a Cannabis License under NJCREAMM Act
to engage in commercial Cannabis activity.
Means a location operating as a nursery solely for purposes
of supplying immature plants to cannabis cultivation facilities.
Means the person or entity that is engaged in the conduct
of any commercial Cannabis use.
Means a facility, entity, or site in the State that offers
or performs tests of Cannabis or Cannabis Products and is both of
the following:
Means the City of Linden, a New Jersey general law city.
Means any activity, whether occurring indoors or outdoors,
involving the propagation, planting, growing, harvesting, drying,
curing, grading, and/or trimming of cannabis plants or any part thereof
for any purpose, including cannabis.
Means a facility where cannabis is cultivated, propagated,
planted, grown, harvested, dried, cured, graded, or trimmed, or that
does all or any combination of those activities, and where the operator
holds a valid cannabis business permit for cultivation from the City
of Linden and, a valid state license for cultivation pursuant to the
NJCREAMM Act (as the same may be amended from time to time).
Means the commercial transfer of medical cannabis or medical
cannabis products from a dispensary, up to an amount determined to
be authorized by the State of New Jersey, or any of its departments
or divisions, to anyone for any purpose. "Delivery" also includes
the use by a dispensary of any technology platform owned, controlled,
and/or licensed by the dispensary, or independently licensed by the
State of New Jersey under the NJCREAMM Act (as the same may be amended
from time-to-time), that enables anyone to arrange for or facilitate
the commercial transfer by a licensed dispensary of cannabis or cannabis
products.
Means a cannabis business facility where cannabis, medical
cannabis products, or devices for the use of medical cannabis or medical
cannabis products are offered, either individually or in any combination,
for retail sale, including an establishment (whether fixed or mobile)
that delivers, pursuant to express authorization, medical cannabis
and medical cannabis products as part of a retail sale, and where
the operator holds a valid cannabis business permit from the City
of Linden authorizing the operation of a dispensary, and a valid state
license as required by state law to operate a dispensary.
Means any activity involving the retail sale of cannabis
or cannabis products from a dispensary.
Means the procurement, sale, and transport of medical cannabis
or cannabis products between cannabis businesses.
Means a person holding a valid cannabis business permit for
distribution issued by the City of Linden, and a valid state license
for distribution, pursuant to the NJCREAMM Act (as the same may be
amended from time to time).
Means all dead cannabis that has been harvested, dried, cured,
or otherwise processed, excluding leaves and stems.
Means manufactured cannabis that is intended to be used,
in whole or in part, for human consumption. An edible medical cannabis
product is not considered food as defined by the New Jersey Health
and Safety Code or a drug as defined by the New Jersey Health and
Safety Code.
Means a fully enclosed and secured structure, a space within
a building, greenhouse or other structure which has a complete roof
enclosure supported by connecting walls extending from the ground
to the roof, which is secure against unauthorized entry, provides
complete visual screening, complies with all odor control and other
design standards required by this chapter, and which is accessible
only through one or more lockable doors and is inaccessible to minors.
Means within a fully enclosed and secure structure. The term
indoors includes any indoor structures.
Means living cannabis flowers and plants, including seeds,
sprouts, immature plants (including unrooted clones), and vegetative
stage plants.
Means raw cannabis that has undergone a process whereby the
raw agricultural product has been transformed into a concentrate or
manufactured product intended for internal consumption or topical
application.
Means a person that conducts the production, preparation,
propagation, or compounding of manufactured cannabis, as defined in
this section, or cannabis products either directly or indirectly or
by extraction methods, or independently by means of chemical synthesis
at a fixed location that packages or repackages cannabis or cannabis
products or labels or relabels its container, where the operator holds
a valid cannabis business permit for manufacturing from the City of
Linden and a valid state license for manufacturing pursuant to the
NJCREAMM Act (as the same may be amended from time to time).
Means a location that produces, prepares, propagates, or
compounds cannabis or cannabis products, directly or indirectly, by
extraction methods, independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis, and is owned
and operated by a person issued a valid Cannabis business permit for
manufacturing from the City of Linden, and a valid state license for
manufacturing pursuant to the NJCREAMM Act (as the same may be amended
from time to time).
Means "cannabis," as that term is defined in this Chapter.
Means any location within the City of Linden that is not
within a fully enclosed and secure structure.
Means an individual, firm, partnership, joint venture, association,
corporation, limited liability company, estate, trust, business trust,
receiver, syndicate, or any other group or combination acting as a
unit and includes the plural as well as the singular number.
Means a permit or license issued by the State of New Jersey,
or one of its departments or divisions, pursuant to the New Jersey
Constitution, and the provisions of the "Medicinal and Adult-Use Cannabis
Regulation and Safety Act" ("NJCREAMM Act") (as the same may be amended
from time to time) to engage in cannabis activity.
Means a product intended for external use. A topical cannabis
product is not considered a drug as defined by the New Jersey Health
and Safety Code.
Means the transfer of cannabis or cannabis products from
the permitted business location of one licensee to the permitted business
location of another licensee, for the purposes of conducting cannabis
activity authorized by the NJCREAMM Act (as the same may be amended
from time to time).
Means a person issued a state license, and a cannabis business
permit by the City of Linden, authorizing the transport of cannabis
or cannabis products in amounts authorized by the State of New Jersey,
or by one of its departments or divisions.
