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," 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"Act" or "P.L. 2021, c. 16," as it may be amended or superseded, and are included herein for purposes of general acknowledgement
and ease of use:
ADULT USE CANNABINOID ITEMS
Any products containing 0.5 milligram or more of any combination
of THC or adult use cannabinoids as defined herein, including delta-8
THC or delta-8-tetrahydrocannabinol, delta-10 THC, Tetrahydrocannabivarin
(THC-V), THC-O-Acetate (THC-O), hexahydrocannabinol (HHC), or any
other cannabinoids advertised by the manufacturer or seller as having
an intoxicating effect.
ADULT USE CANNABINOIDS
(1)
Any tetrahydrocannabinols, artificially-derived cannabinoid,
or hemp product or that is not subject to regulation pursuant to the
Jake Honig Compassionate Use Medical Cannabis Act, New Jersey Compassionate Use Medical Marijuana Act, and/or Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act, or otherwise regulated by state law, and that is reasonably
determined to have an intoxicating effect when ingested, smoked, or
otherwise consumed;
(2)
Tetrahydrocannabinolic acids that are artificially or naturally
derived;
(4)
Optical isomers of delta-8-tetrahydrocannabinol or delta-9-tetrahydrocannabinol.
CANNABIS
All parts of the plant Cannabis sativa L., including indica
and any and all hybrids, 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 and N.J.S.A.
18A:40-12.22 et al; 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 marijuana 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. 24:2-1,
et al; 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 al.
CANNABIS CULTIVATOR
Any person or entity holding a Class 1 cannabis cultivator
license issued by the State of New Jersey that grows, cultivates,
or produces cannabis in the State of New Jersey, 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
The transportation of cannabis items and related supplies
to a consumer. "Cannabis delivery" also includes 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.
CANNABIS DELIVERY SERVICE
Any person or entity holding a Class 6 cannabis delivery
license issued by the State of New Jersey 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 person or entity holding a Class 4 cannabis distributor
license issued by the State of New Jersey that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports 40 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 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 and N.J.S.A. 18A:40-12.22, et al., 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 al.
CANNABIS MANUFACTURER
Any person or entity holding a Class 2 cannabis manufacturer
license issued by the State of New Jersey, 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 person or entity holding a Class 5 cannabis license issued
by the State of New Jersey 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 person or entity holding a Class 3 cannabis wholesaler
license issued by the State of New Jersey 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.
COMMISSION or CRC
The New Jersey Cannabis Regulatory Commission established
pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act (CREAMMA).
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.
MICROBUSINESS
Shall have the same meaning as defined in N.J.S.A. 24:6I-33
and operated in accordance with N.J.A.C. 17:30-6.7. Per statute, it
means a person or entity licensed by the state as a cannabis cultivator,
cannabis manufacturer, cannabis wholesaler, cannabis distributor,
cannabis retailer, or cannabis delivery service that may only, with
respect to its business operations and capacity and quantity of product:
employ no more than 10 employees; 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 about that plane
not higher than 24 feet; 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;
acquire each month, in the case of a cannabis manufacturer, no more
than 1,000 pounds of usable cannabis; 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; and
acquire for retail sale each month, in the case of a cannabis retailer,
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. Cannabis microbusinesses are not permitted
in the Township.
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.
RESOLUTION OF SUPPORT
Proof of local municipal support, which shall be demonstrated
by a resolution adopted by the Township Council.