As used in this chapter, the following terms shall have the
meanings indicated:
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 P.L. 2021, c.
16, for use in cannabis products as set forth in this 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 Jake Honig 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.); 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, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (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, P.L. 2019, c. 238 (N.J.S.A. 9:28-6 et seq.).
CANNABIS CONSUMPTION AREA
Shall mean and refer to a "cannabis consumption area" as
defined under P.L. 2021, c. 16, § 3, N.J.S.A. 24:6I-33,
of the New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act.
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.
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.
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.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer or a cannabis distributor.
CANNABIS ITEM
Any item available for lawful consumption pursuant to 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.).
CANNABIS LICENSED MARKETPLACE
A.
A license issued under relevant state law, including a license
that is designated as either a:
(1)
Class 1 cannabis cultivator license.
(2)
Class 2 cannabis manufacturer license.
(3)
Class 3 cannabis wholesaler license.
(4)
Class 4 cannabis distributor license.
(5)
Class 5 cannabis retailer license.
(6)
Class 6 cannabis delivery license.
B.
The term shall also include a conditional license for a designated
class, except when the context of the provisions of relevant state
law otherwise intend to only apply for a license and not a conditional
license.
C.
The term shall also include any activity related to cannabis
cultivation, cannabis manufacturing, cannabis wholesale, cannabis
distribution cannabis retail and/or cannabis delivery service by a
preexisting alternative treatment center deemed to concurrently hold
any one or more class(es) of the above-listed cannabis license(s)
pursuant to P.L. 2021, c. 16 § 33, N.J.S.A. 24:6I-46, and
P.L. 2021, c. 16, § 34 of the Act, amending N.J.S.A. 24:6I-7;
but shall not include the preexisting alternative treatment's
activities related to medical cannabis cultivation, medical cannabis
manufacturing, medical cannabis processing and/or medical cannabis
dispensing by a preexisting medical cannabis alternative treatment
center pursuant to a license or conditional licensed issued by the
State of New Jersey pursuant to 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.).
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
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.
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.
CONSUMPTION
The act of ingesting, inhaling, or otherwise introducing
medical cannabis items and/or cannabis items into the human body.
DELIVERY
The transportation of cannabis items and related supplies
to a consumer. "Delivery" shall also mean the use by a licensed cannabis
retailer of any third-party technology platform to receive, process,
and fulfill orders by consumers, which third party shall not be required
to be a licensed cannabis establishment, distributor, or delivery
service, provided that any physical acts in connection with fulfilling
the order and delivery shall be accomplished by a certified cannabis
handler performing work for or on behalf of the licensed cannabis
retailer, which includes a certified cannabis handler employed or
otherwise working on behalf of a cannabis delivery service making
off-premises deliveries of consumer purchases fulfilled by that cannabis
retailer.
INDOOR PUBLIC PLACE
A structurally enclosed place of business, commerce or other
service-related activity, whether publicly or privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public, including, but not limited to: a commercial or other
office building; office or building owned, leased or rented by the
state or by a county or municipal government; public and nonpublic
elementary or secondary school building; board of education building;
theater or concert hall; public library; museum or art gallery; bar;
restaurant or other establishment where the principal business is
the sale of food for consumption on the premises, including the bar
area of the establishment; garage or parking facility; any public
conveyance operated on land or water, or in the air, and passenger
waiting rooms and platform areas in any stations or terminals thereof;
health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A.
26:2H-1 et seq.); patient waiting room of the office of a health care
provider licensed pursuant to Title 45 of the Revised Statutes; child-care
center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et
seq.); race track facility; facility used for the holding of sporting
events; ambulatory recreational facility; shopping mall or retail
store; hotel, motel or other lodging establishment; apartment building
lobby or other public area in an otherwise private building; or a
passenger elevator in a building other than a single-family dwelling.
LICENSEE
A person or entity that holds a license issued under P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), including a license that
is designated as either a Class 1 cannabis cultivator license, a Class
2 cannabis manufacturer license, a Class 3 cannabis wholesaler license,
a Class 4 cannabis distributor license, a Class 5 cannabis retailer
license, a Class 6 cannabis delivery license, and also includes: a
person or entity that holds a conditional license for a designated
class; a person or entity holding a preexisting medical cannabis cultivator
license, 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, and approved by the Township to hold a concurrent municipal
license to operate as a Class 1 cannabis cultivator, Class 2 cannabis
manufacturer, Class 3 cannabis wholesaler and/or Class 4 cannabis
distributor in accordance with the provisions hereinafter and 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; and/or any
other person or entity holding a local annual cannabis license issued
by the Township pursuant to this code.
MANUFACTURE
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
PERSONAL USE and/or RECREATIONAL USE
The purchase, sale, possession, and/or consumption of cannabis
items by person(s) who are not a registered qualifying patient under
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.).
PREMISES or LICENSED PREMISES
The following areas of a location licensed under P.L. 2021,
c.16 (N.J.S.A. 24:6I-31 et seq.): all public and private enclosed
areas at the location that are used in the business operated at the
location, including offices, kitchens, rest rooms, and storerooms;
all areas outside a building that the Cannabis Regulatory Commission
has specifically licensed for the production, manufacturing, wholesaling,
distributing, retail sale, or delivery of cannabis items; and, for
a location that the commission has specifically licensed for the production
of cannabis outside a building, the entire lot or parcel that the
licensee owns, leases, or has a right to occupy.
PUBLIC PLACE
Any place to which the public has access that is not privately
owned, including but not limited to any property owned by the Township
of Hardyston, the County of Morris, and/or any other government subdivision
of the State of New Jersey situated within the geographic boundaries
of the Township; 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, 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.
WHOLESALE TRADE
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
The actual delivery of cannabis and cannabis items by any Class
6 cannabis delivery service to a consumer occurring within the Township
shall be prohibited from taking place in any public place and shall
only be permitted to take place within the confines of private property
or indoor public places with the express permission and authorization
of the owner of the property.
Pursuant to N.J.S.A. 2C:35-10a, the transfer of usable cannabis
in any instance where the usable cannabis is not obtained directly
from a licensed cannabis retailer, and/or is transferred with remuneration
or for promotional and/or business purposes, is hereby prohibited
within the geographic boundaries of the Township of Hardyston.
Enforcement of this chapter shall be by any officer of the Hardyston
Township Police Department and/or any municipal official as the Township
may, from time to time, designate.