Notwithstanding any federal law to the contrary, this article is enacted to regulate and govern the use of cannabis and number and types of permits issued in the Town pursuant to the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Act, N.J.S.A. 24:6I-31 et seq. ("CREAMMA") (the "Act").
[Adopted 6-24-2024 by Ord. No. 2024-08]
As used in this chapter, word and phrases shall have the same meanings they have in the Act and as follows:
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 and N.J.S.A. 18A:40-12.22 et al.; 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. 24:21-1 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.
A designated location operated by a licensed cannabis retailer for which both a state and local endorsement has been obtained, that is either: 1) an indoor, structurally enclosed area of the cannabis retailer that is separate from the area in which retail sales of cannabis items occurs; or 2) an exterior structure on the premises as the cannabis items obtained from the retailer may be consumed. The definition shall be consistent with the Recreational Marijuana Act and all amendments thereto.
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 manufactures, cannabis wholesalers or cannabis retailers, but not to consumers.
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.
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.
A cannabis cultivator, a cannabis manufacturer or a cannabis wholesaler. For the purposes of the Town Code, "cannabis establishment" does not include cannabis retailers; nor does it include Class 6 cannabis delivery service.
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.
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 items and selling an optionally transporting these items to other cannabis manufacturers, cannabis wholesalers or cannabis retailers but not to consumers.
Any person or entity holding a Class 5 Cannabis Retailer 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 as 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 filled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
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, or 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.
The New Jersey Cannabis Regulatory Commission established pursuant to CREAMMA.
The drying, processing, compounding or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging and labeling.
A person or entity licensed by the CRC 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 no more than 2,500 square feet, and in the case of a cannabis cultivator, grow cannabis on an area more than 2,500 square feet measured on a horizontal plane and grow that plane no 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 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;
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.
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, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library or any other public building, structure or area.