[Ord. No. 2025-07, 6-16-2025]
Notwithstanding any federal law to the contrary, the purpose of this article is to provide the Borough with a means to authorize, regulate and govern the location and operation of cannabis operations within the geographic boundaries of the Borough and the number and types of licenses issued in the Borough pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq. ("CREAMMA").
[Ord. No. 2023-20, 12-18-2023; Ord. No. 2025-07, 6-16-2025]
A. 
As used in this article, the following terms shall have the meanings as defined in the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,"[1] also referenced herein as the "Act" or "P.L. 2021, c. 16," as it may be amended or superseded, and are included herein for purposes of general acknowledgment and ease of use:
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 CREAMMA for use in cannabis products as set forth in that Act, 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" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Honig Act[2] and N.J.S.A. 18A:40-12.22 et seq.; marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, N.J.S.A. 2C:35B-1 et seq., or marihuana as defined in N.J.S.A. 24:21-2 and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, N.J.S.A. 24:21-1 et seq.; or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, N.J.S.A. 4:28-6 et seq.
CANNABIS CONSUMPTION AREA
A designated location operated by a licensed cannabis retailer or license holder for dispensing medical cannabis, for which both a state and local endorsement has been obtained, that is either: (1) an indoor, structurally enclosed area of the cannabis retailer or license holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or (2) an exterior structure on the same premises as the cannabis retailer or license 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 license 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 in this state, 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 from the State of New Jersey.
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 from the State of New Jersey.
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 from the State of New Jersey.
CANNABIS ESTABLISHMENT
A cannabis cultivator, cannabis manufacturer, or cannabis wholesaler, but not a cannabis distributor, cannabis retailer, or a cannabis delivery service.
CANNABIS ITEM
Any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin. "Cannabis item" does not include: any form of medical cannabis dispensed to registered qualifying patients pursuant to the Honig Act[3] and N.J.S.A. 18A:40-12.22 et seq., or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, N.J.S.A. 4:28-6 et seq.
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, or 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 from the State of New Jersey.
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 from the State of New Jersey.
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 from the State of New Jersey.
COMMISSION or CRC
The New Jersey Cannabis Regulatory Commission.
MANUFACTURE
The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling.
PUBLIC PLACE or QUASI-PUBLIC PLACE
Any place to which the public has access that is not privately owned; or any place to which the public has access where alcohol consumption is not allowed, including, but not limited to, a public street, road, thoroughfare, school, sidewalk, bridge, alley, plaza, park, playground, swimming pool, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library, or any other public building, structure, or area.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[2]
Editor's Note: See the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq.
[3]
Editor's Note: See the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq.
B. 
All other terms as defined in the Act are hereby incorporated herein by reference and shall have the meanings set forth in the Act, as may be amended or superseded.
C. 
In addition, the following terms shall have the meanings indicated:
GIFTING
The sale of any object containing cannabis or a cannabis product wherein the cannabis itself is assigned no or a below-market-price sales price.
[Ord. No. 2023-20, 12-18-2023; Ord. No. 2025-07, 6-16-2025]
A. 
The cultivation, manufacturing, preparation, packaging, wholesaling, distributing, retailing, delivery and other related enterprise consisting in whole or in part of cannabis growing, harvesting, drying, producing, marketing and selling by nonlicensed businesses or individuals is hereby prohibited throughout the Borough of Hightstown. No licensed cannabis enterprise and no nonlicensed business or individual may undertake the gifting of cannabis in the Borough of Hightstown. In addition to any criminal penalties which may be applicable, the Borough shall impose a civil penalty for the violation of any of the provisions of this section in accordance with § 4-13-7.
B. 
No person shall gift cannabis as part of a sale of another item or items and shall be abated pursuant to all remedies. Gifting is the knowing circumvention of the state's cannabis laws by "gifting" cannabis in exchange for non-cannabis-related purchases, such as overpriced cookies, brownies, jars, stickers and any other items.
[Ord. No. 2023-20, 12-18-2023]
The use of any cannabis license shall only be in strict accordance with the land use and location requirements of Chapter 28 of the Revised General Ordinances of the Borough of Hightstown. Consequently, the Borough of Hightstown may or may not establish locations for the use and operation of the six types of cannabis business licenses and operations as set forth in the Act. Should the Borough of Hightstown establish more than one type of cannabis license, nothing herein shall prohibit a single owner from owning more than one such license, provided such ownership is not prohibited by state statute or rule.
[Ord. No. 2023-20, 12-18-2023; Ord. No. 2025-07, 6-16-2025]
A. 
The Borough Council is hereby designated to act as the local licensing authority for the Borough of Hightstown for all cannabis businesses within the Borough. The Borough Clerk shall act as the receiver of any communications from the State Cannabis Regulatory Commission and shall promptly convey any item of information with regard to the licensing of cannabis businesses by the state or in which state law requires any review or approval by the Borough of any action to the Borough Council.
B. 
Under no circumstances shall a local license for a cannabis business issued by the Borough Council be effective until or unless the state has issued the requisite licenses to operate such a facility. It is the intent of this article that no cannabis business may lawfully operate in the Borough of Hightstown without the issuance of a state license and full regulatory oversight of the cannabis business by the Cannabis Regulatory Commission or other state licensing authority as required by law as well as oversight and issuance of a license by the Borough.
C. 
Municipal licensing for cannabis businesses shall follow the nomenclature of the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act"[1] as indicated in the definitions in this article.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Ord. No. 2025-07, 6-16-2025]
A. 
Purpose. This section is enacted to regulate and implement the provisions of the Acts. Licenses granted pursuant to this section shall be issued to applicants upon a showing of proof of receipt of a state license granted by the Cannabis Regulatory Commission. All provisions in this section are in addition to everything stated in N.J.A.C. 17:30-9.10.
B. 
Maximum number of licenses and fees. Subject to the provisions of Chapter 28, the Borough may issue up to and including the following number of licenses, which shall require the associated license application and annual renewal fee:
Borough of Hightstown Cannabis License and Fee Schedule
License
Class
Maximum Number of Licenses to be Issued
Nonrefundable Application Fee
Nonrefundable Initial License Fee
Non-refundable Annual License Renewal Fee
Cannabis cultivator
1
1
$10,000
$10,000
$10,000
Cannabis manufacturer
2
1
$10,000
$10,000
$10,000
Cannabis wholesaler
3
1
$10,000
$10,000
$10,000
Cannabis distributor
4
1
$10,000
$10,000
$10,000
Cannabis retailer
5
2
$10,000
$10,000
$10,000
Cannabis delivery
6
0
N/A
N/A
N/A
NOTES:
For any class of cannabis license referenced in the schedule above in which the number "0" is specified under the column entitled "Maximum Number of Licenses to be Issued," the Borough hereby continues to opt out relating to that class of cannabis license under the Act, as originally declared in Ordinance No. 2021-06.
The amount of the nonrefundable application fee, initial license fee, annual renewal license fee and number of licenses may be modified from time to time by a subsequent duly adopted resolution of the Borough Council.
C. 
Cannabis Advisory Committee.
(1) 
The Borough Cannabis Advisory Committee (hereinafter referred to as "CAC") as appointed below, will act as the body for local review for the Borough for all cannabis establishments. However, the authority and responsibility to activate, suspend, and revoke such licenses shall remain with the Borough Council. From this point forward, any reference to the Borough Cannabis Advisory Committee in this document shall be denoted as "CAC." Under all circumstances in which state law requires communication to the Borough by the CAC or any other state agency with regard to the licensing of cannabis establishments by the state, or in which state law requires any review or approval by the Borough of any action taken by the state licensing authority, the exclusive authority for receiving such communications and granting such approvals shall be communicated through the Borough Clerk's Office upon recommendation by the CAC and authorized by the Borough's governing body.
(a) 
The Borough Administrator (or their designee).
(b) 
The Chief of Police (or their designee).
(c) 
Up to two other Borough employees, designated by the Borough Administrator.
(2) 
Roles and duties of the CAC:
(a) 
The CAC shall be supported by the Special Cannabis Counsel, Borough Attorney and the Borough Planning and Zoning Office. The CAC may utilize additional resources as necessary to effectuate the responsibilities of the CAC. The CAC shall be supported by other legal and planning professionals, including, but not limited to, Special Cannabis Counsel. The applicants shall deposit and fund an escrow in the amount of $5,000 for the costs of said professionals. If the Borough hires one or more consultants to evaluate a first-time or renewal application for a license, the applicant will be responsible for the review fees of the Borough's hired consultant(s). To the extent that the escrow is exhausted, the applicant shall provide any replenishment amount required by the CAC within 10 days of a replenishment request by the CAC.
(b) 
Of the members of the CAC, no member shall be affiliated with or related to a New Jersey adult use cannabis business or medical cannabis establishment or prospective licensee.
(c) 
Duties of the CAC will be to advise the governing body as to the issuance of cannabis business licenses within the Borough of Hightstown. The CAC's work shall be based on the information contained in the application submitted to the Clerk and shall be made consistent with the criteria outlined in this chapter, in addition to the issuance of detailed application criteria made available in the application.
(d) 
No member of the CAC may hold interest in or be related to an applicant.
(e) 
Meetings of the CAC shall not be subject to the Open Public Meetings Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
D. 
Hours of operation.
(1) 
The hours of operation of vehicles on the premises of a cannabis business with a gross vehicle weight rating of 25,000 pounds or greater for Classes 2 through 4 licensees shall be limited from 7:00 a.m. to 7:00 p.m., inclusive, unless, as part of a site plan application and for good cause shown and mitigation of noise, appropriate access and site layout, an extended period, not to exceed 14 hours total in any day, is approved by the Planning Board.
(2) 
The hours of operation of cannabis retailers shall be limited from 9:00 a.m. to 10:00 p.m. daily.
(3) 
Such hours shall be construed to mean Eastern Standard Time or Eastern Daylight Saving Time, whichever is in effect within the Borough of Hightstown.
E. 
Consumption and unregulated sale.
(1) 
Prohibition of cannabis consumption areas. Cannabis consumption areas are strictly prohibited in the Borough. The consumption of cannabis items through smoking, vaping, aerosolizing or other means (e.g., edibles) is prohibited within or on the grounds of any licensed cannabis establishments of any permitted class of license within the Borough of Hightstown.
(2) 
Prohibition of unregulated sale.
(a) 
No person shall sell cannabis or medical cannabis in the Borough without a state license and a Borough license.
(b) 
No person shall gift cannabis or medical cannabis in the Borough as part of a sale of another item or items.
F. 
Resolution of support.
(1) 
The Borough Council shall act on the recommendations made by the CAC within 45 days of the Committee issuing its recommendations. The Council may issue a resolution of support or choose not to issue a resolution of support for a municipal cannabis license. The Borough Council shall not issue resolutions of support exceeding the number of local cannabis licenses permitted under the Borough of Hightstown Cannabis License and Fee Schedule.
(2) 
When multiple applicants apply for a license, the Borough Council will consider the CAC's recommendations but is not required to follow them.
(3) 
After obtaining a resolution of support, the applicant must proceed through the Borough's land use approval process, securing all necessary Planning Board approvals, site plan approvals, or variances as required. Simultaneously, the applicant must finalize licensing with the New Jersey Cannabis Regulatory Commission (CRC) and comply with all state regulations. Operations cannot commence until both local land use approvals and state licensing are secured.
(4) 
A resolution of support issued by the Borough Council pursuant to N.J.A.C. 17:30-5.1(g)1 shall expire within 12 months unless the business secures at least one annual state-issued cannabis license for operation within Hightstown. The Borough Council may grant up to two six-month extensions for good cause, including delays in approvals from state, county, or other agencies. Each extension request shall require a $2,500 fee. If the applicant does not secure a state license within this timeframe, unless extended, the Borough Clerk shall reopen the application process and evaluate new applicants under the established criteria.
G. 
Additional licensing regulations.
(1) 
Signage:
(a) 
External signage, including window signage, must be limited to text identifying the business and the logo for the business, provided that said logo does not include a cannabis plant leaf and/or outward glorification of cannabis consumption, where applicable.
(b) 
All of the Borough sign regulations must be complied with.
(2) 
Visible restrictions. No cannabis products, plants, accessories, or paraphernalia shall be visible from any public places, including public sidewalks, streets, or rights-of-way. Cannabis products must not be visible from outside the premises, including any public space.
(3) 
Security requirements. Licensees shall comply with N.J.A.C. 17:30-9.10 and any additional requirements as imposed by the Chief of Police.
(a) 
Surveillance system.
[1] 
Cannabis establishments must be monitored at all times by a closed-circuit television (CCTV) surveillance system. The security cameras must operate 24 hours per day, seven days per week and cover:
[a] 
All cannabis dispensing areas.
[b] 
Storage areas.
[c] 
All doors and windows with access to the cannabis establishment.
[d] 
Parking areas (if applicable).
[e] 
Any other areas deemed necessary by the Chief of Police or their designee.
[2] 
The system must allow for the surveillance of both interior and exterior areas and must have sufficient quality, color rendition, and resolution to enable the clear identification of individuals.
[3] 
The surveillance system must use internet protocol (IP) cameras that provide real-time footage accessible over the internet. Operators must provide the local Police Department with access to this footage in case of an emergency.
[4] 
The surveillance recordings must be retained for no less than 30 days. The recordings shall be made available to the local Police Department within 24 hours of a written request.
(b) 
Perimeter and lighting. The outside areas of the premises and the perimeter must be properly lit in accordance with Borough regulations, and N.J.A.C. 17:30-9.10.
(c) 
Security contact information. The local Police Department must be provided with the name and phone number of a designated staff member to contact during any suspicious activity, whether during or after operating hours.
(d) 
Security staff. A security staff member must be present on the premises during all hours of operation to ensure safety and compliance with regulations.
(e) 
Cultivation security. All cannabis cultivation activities must take place in an enclosed, locked facility to ensure security and prevent unauthorized access.
(f) 
State law compliance. Cannabis establishments must comply with all security requirements established by state law and regulations. These may be updated over time, and licensees must coordinate with the local Police Department to maintain compliance.
(4) 
Emergency power. All licensed cannabis establishments shall have backup power capable of maintaining, at a minimum, all electronic security systems and odor control systems in the event of a power failure for a period of at least 48 hours.
(5) 
Enclosed building. All cultivation, manufacturing, storage, distribution and retail activities, as may be permitted within the Borough, shall take place within an enclosed building. Any facility that is not the sole occupant of its building shall have no internal doorways, windows, or utility chases in common with other spaces in the building and shall have a separate HVAC system (which incorporates odor control) solely for the cannabis business.
(6) 
Pollen and seed control. Any licensed cannabis business with the exception of retail shall implement measures to prevent cross-pollination and to prevent cannabis pollen and seeds from leaving the premises, which may include, but is not limited to, use of pollen screens, ultraviolet light and other methods, to ensure that employees, customers, vendors and other persons on site do not leave the premises while carrying any cannabis pollen or seeds knowingly or unknowingly.
(7) 
Fencing. All fencing or walls installed for security purposes shall be at least six feet in height. Such security structure may be extended in height as approved on a site plan by the Planning Board.
(8) 
Site management. Any cannabis business shall properly store and dispose of all waste generated on the site, including chemical and organic waste, in accordance with all applicable laws and regulations. No cannabis business shall dispose of cannabis or cannabis products unless they have been made unusable and unrecognizable.
(9) 
Noise. All cannabis business facilities shall operate in compliance with state, county, and local noise laws and regulations, except in emergency situations requiring the use of a backup generator.
(10) 
Odor. All cannabis business facilities shall utilize available technology to filter and recirculate air so that odors are not discernible by a reasonable person beyond the property line. Such determination shall be supported by such exhibits, submissions and expert testimony in a development application before the Planning Board for site plan approval to which the approving authority may attach reasonable conditions. The Planning Board may engage such experts as needed to evaluate the submissions made by the applicant in accordance with the procedures set forth in N.J.S.A. 40:55D-1 et seq.
(11) 
Site plan and other necessary land use approvals. All applicants for a license to operate a cannabis business within the Borough shall be required to apply for and obtain site plan approval and any other necessary land use approvals from the Planning Board.
(12) 
Sales restricted to persons over age 21. No sales of cannabis items shall be permitted to persons who are under the age of 21 years.
H. 
Application for local license. Persons wishing to obtain any permitted classification of cannabis license within the Borough shall file a license application with the Borough Clerk on a standardized form established by the Borough and available in the Borough Clerk's Office or other suitable locations as determined by the Borough. An application shall be deemed incomplete, and shall not be processed by the Borough, until all documents and application fees are submitted. To be deemed complete, all applications shall be submitted to the Borough Clerk's Office and shall be accompanied by the items referenced below along with any additional requirements listed on the application. The following regulations shall apply:
(1) 
The applicant shall submit proof that the applicant has or will have lawful possession of the premises proposed for the cannabis establishment, which proof may consist of a deed, a lease, a real estate contract contingent upon successful licensing, or a binding letter of intent by the owner of the premises indicating an intent to lease the premises to the entrant contingent upon successful licensing.
(2) 
The applicant shall submit an affidavit and documentary proof of compliance with all state and local laws regarding affirmative action, antidiscrimination and fair employment practices. The applicant shall also certify under oath that they will not and shall not discriminate based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status in any of its activities or operations.
(3) 
The applicant shall submit all required nonrefundable fees for the application in accordance with the Borough of Hightstown Cannabis License and Fee Schedule.
(4) 
The applicant and the application shall otherwise comply with any and all qualification standards set forth in the state and Borough laws or regulations.
(5) 
Completed applications shall include a business plan outlining the proposed operations of the cannabis business.
(6) 
The applicant shall ensure that the location proposed for licensing complies, with all applicable municipal zoning laws and the location restrictions set forth in the land development portion of the Borough of Hightstown Municipal Code. A letter from the appropriate zoning official indicating that the location proposed for licensing by the applicant complies with all applicable Borough zoning laws and the location restrictions set forth herein and set forth in the land development portion of the Borough of Hightstown. The $100 fee for the determination letter from the zoning official must be paid prior to the application being submitted.
(7) 
All applications shall be evaluated by the CAC. The CAC shall evaluate all applications and issue to the Borough Council a recommendation as to the issuance of a resolution of support, a resolution of support with conditions or a rejection of the application. The recommendation shall be made after consideration and evaluation of the following criteria:
(a) 
The applicant's owners' or principals' qualifications and experience operating in highly regulated industries, including cannabis, health care, pharmaceutical manufacturing, or retail pharmacies, with preference to experience operating such businesses within the State of New Jersey and where the value of the owners' experience shall outweigh the experience of nonowner principals.
(b) 
The applicant's qualifications and experience related to public safety and security, including any of the applicant's owners' or principals' experience in securing controlled substances or valuable items. The applicant shall submit a summary of the applicant's plans for storage of products and currency, physical security, video surveillance, security personnel, and visitor management as well as training plans.
(c) 
The complete and notarized financial interest section, including the names and residences of all persons financially interested in the business and the nature and extent of this interest; and, if a corporation, the names, residences, and citizenship of the officers, directors, and stockholders.
(d) 
The status of the applicant's control over the premises at the proposed location, and specifically whether the applicant owns or has executed an agreement to lease or purchase the site.
(e) 
The description of the proposed location, including the surrounding area and the suitability or advantages of the proposed location.
(f) 
Any other information that the applicant may wish to highlight and bring to the Borough's attention regarding the proposed cannabis business operation and/or the owners, principals or employees of the business.
(8) 
The Borough Council shall act on the recommendations made by the CAC within 45 days of the CAC issuing its recommendations to issue a resolution of support, resolution of support with conditions, or to not issue a resolution of support of a municipal cannabis license under the terms of Subsection I hereinbelow. The Borough Council shall not issue resolutions of support in excess of the number of local cannabis licenses permitted in accordance with the Borough of Hightstown Cannabis License and Fee Schedule. When there are multiple applicants for one license, the Borough Council shall consider the recommendations of the CAC but is not required to follow the Committee's recommendation.
(9) 
After securing a resolution of support, from the Borough, the applicant must proceed through the land use approval process, in accordance with the Borough's zoning and site plan requirements. Upon receiving the state annual license and Planning Board approval, the applicant must submit both to the Borough along with the nonrefundable initial license fee. The Borough then issues the local cannabis license allowing operations to begin. This includes obtaining all necessary Planning Board approvals, site plan approvals, or variances, as required. Simultaneously, the applicant must finalize licensing with the New Jersey Cannabis Regulatory Commission (CRC) and ensure compliance with all state regulatory requirements. The applicant cannot begin operations until both local land use approvals, local cannabis licensing, and state licensing have been secured.
(10) 
Notwithstanding the foregoing competitive application process, a notification of a resolution of support shall entitle the recipient applicant to pursue a state license in the appropriate cannabis class and land use approval for up to 12 months, which may be extended at the Borough Council's discretion for up to two additional periods of six months each for good cause. No license to operate shall be issued until the applicant has received a state annual license, local cannabis license, land use approval and satisfied other prerequisites of municipal licensure. If the recipient of a resolution of support has not received a state license within 12 months from issuance, unless extended for good cause, the Borough Administrator shall issue a new request for applications and evaluate all applicants for licensure under the above criteria.
(11) 
Host community benefits agreement. In keeping with the intent of the CREAMM Act to encourage community partnership and responsible business practices, the Borough may offer applicants for cannabis licensure the opportunity to enter into a voluntary host community benefits agreement. This agreement may memorialize the applicant's commitment to supporting locally beneficial initiatives, such as workforce development, education, or public health, as mutually agreed upon by the parties. While participation in a host community benefits agreement is voluntary and not a condition of zoning approval, licensure, or commencement of operations, the Borough encourages such collaboration as a means of fostering positive community engagement and shared benefits.
I. 
Terms of local cannabis license and cannabis license renewals.
(1) 
Before the occupancy of a building or buildings where the local cannabis license will be used to operate the cannabis business, the license holder shall obtain site plan approval, along with any and all other land use approvals deemed necessary, from the Hightstown Planning Board, along with any additional outside governmental agency approval(s) which may be necessary.
(2) 
Any local license issued pursuant to this article shall be valid for a period of one year from the date of issuance and shall be renewed in accordance with the provisions of this article.
(3) 
The Borough Council may, at their discretion, adjust the renewal date of the local license to correlate with an applicant's state licensing and renewal schedule.
(4) 
Renewal of any license shall be governed by any code amendments, additional restrictions or changes in regulations adopted since the previous license was issued or renewed.
(5) 
Transfer of ownership of any local license or change of location of any license or modification to expand a licensed premises shall be subject to joint Borough Council and Planning Board review and approval as well as a new license application.
(6) 
Except where the Borough Clerk has received a complete renewal application along with the requisite fees, and the Borough has issued a license renewal, it shall be unlawful for any person to manufacture, sell, distribute, transfer, transport, or otherwise remove cannabis or cannabis products from the premises of any licensee after the expiration date recorded on the face of the license, except for the closure of the business.
[Ord. No. 2023-20, 12-18-2023; Ord. No. 2025-07, 6-16-2025]
A. 
The Code Enforcement Officer is the primary enforcer of municipal cannabis regulations, inspections, and violations, with assistance from designees such as the Police Department, Health Department, or Fire Marshal where applicable.
B. 
Jurisdiction. Violations of this article shall be adjudicated in the Hightstown Municipal Court. This article shall not affect the judicial proceedings of any other aspect of cannabis use in the Borough of Hightstown.
C. 
Penalties. Convictions shall result in the following penalties:
(1) 
First offense and subsequent offenses. A mandatory fine shall be imposed in an amount not to exceed $2,000 per day per violation. In addition to the mandatory fine, the following penalties may be imposed in the discretion of the Municipal Court Judge:
(a) 
Imprisonment in the Mercer County Jail for any term not exceeding 90 days; or
(b) 
Imposition of a period of community service for a period not exceeding 90 days.
(2) 
Each and every day such violation continues shall constitute a separate and distinct offense.
(3) 
Summary suspension. Notwithstanding the foregoing, when the Borough Administrator has been notified of a third conviction by a licensee or has reasonable grounds to believe that a licensee has engaged in deliberate and willful violation of any applicable law or regulation, or that the public health, safety, and/or general welfare has been jeopardized and requires immediate action, or in circumstances where the licensee has failed to reimburse the municipality for outside third-party financial consultant fees in a timely manner as set forth in § 31-1-5A of the Borough Code, the Borough Administrator, in consultation with the CAC, may recommend to the Hightstown Borough Council to enter a summary suspension order which immediately suspends the licensee's license to operate and schedule a hearing as follows:
(a) 
The summary suspension order shall be in writing, shall state the reasons therefor, and shall schedule a hearing not less than 10 nor more than 30 days from the date of the order. The order shall be served upon the licensee immediately.
(b) 
The Hightstown Borough Council along with the CAC shall conduct the hearing. The licensee shall be permitted to appear at the hearing, along with counsel, if so desired. The licensee must notify the Borough Administrator at least five days' prior to the hearing if the licensee plans to bring counsel to the hearing. At the conclusion of the hearing, the Hightstown Borough Council may lift the suspension order and reinstate the license in cases where the licensee has taken sufficient immediate actions to rectify the violation(s) which were the cause of the summary suspension order. Alternatively, the Hightstown Borough Council may impose any fines, conditions, restrictions, suspensions, revocations or combination thereof as warranted.
(c) 
Inactive licenses. Following the commencement of operations by a cannabis business, the Borough Council may suspend or revoke any license if the licensed premises has been inactive or unoccupied by the licensee for at least six months.
(4) 
State license. The Borough Council may suspend or revoke any locally issued license if the corresponding state license for the subject location is expired, surrendered, suspended, or revoked.