A. 
Purpose. This Part 1 has been adopted by the Township Council of the Township of Mount Olive pursuant to its authority set forth under N.J.S.A. 24:6I-45 and N.J.S.A. 40:48I-1 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the "Act" or "CREAMMA") and N.J.S.A. 40:48-2 of the New Jersey Home Rule Act for the following purposes:
(1) 
To protect the public health, safety, and general welfare of the residents of the Township of Mount Olive by establishing strict licensing limits and regulations on the lawful sale and use of legal cannabis and cannabis items by persons age 21 years or older from Class 5 cannabis retailer establishments holding both a valid state license issued by the New Jersey Cannabis Regulatory Commission (or successor regulatory agency or commission(s)) and a valid local annual license issued by the Township in conformity with the laws of the State of New Jersey and the Township Code, as may be amended from time to time hereafter.
(2) 
To strictly regulate the local licensing, location and operation of licensed cannabis establishments and cannabis establishments, cannabis distributors, and principal locations of cannabis delivery services, each as defined in N.J.S.A. 24:6I-33 of the Act, and to protect against the unlawful operation, sale, use of cannabis and marijuana.
(3) 
To establish certain conditions and limitations on the number of cannabis licenses authorized to be issued within the municipal boundaries of the Township through the local licensing process.
(4) 
To establish local regulations on the time, location and manner of licensed cannabis establishments and activities in accordance with state law.
(5) 
To prohibit the operation of any cannabis establishment, cannabis distributor and cannabis delivery service within the Township unless strictly in conformance with state and local laws.
(6) 
To establish limitations on the number and types of cannabis establishment, cannabis distributor and cannabis delivery service licenses and cannabis marketplace activities.
B. 
Applicability. The provisions herein shall apply to all persons and businesses within the Township of Mount Olive, and to all persons, businesses, applicants for licenses, prospective licensees and/or actual licensees of cannabis establishments, cannabis businesses, medical cannabis facilities, and other organizations and businesses either seeking to operate, operating and/or seeking to operate within the Township of Mount Olive as any class of licensed cannabis establishment, cannabis distributor and cannabis delivery service pursuant to the Act.
ACT or CREAMMA
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., as may be amended from time to time in accordance with state law.
ALTERNATIVE TREATMENT CENTER; PREEXISTING ALTERNATIVE TREATMENT CENTER; or MEDICAL CANNABIS ALTERNATIVE TREATMENT CENTER
An organization issued a permit, conditional permit, and/or a vertically integrated permit pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et al., to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary or clinical registrant; as well as any alternative treatment center deemed pursuant to Section 7 of the Jake Honig Compassionate Use Medical Cannabis Act (N.J.S.A. 24:26I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit and/or any alternative treatment center deemed to concurrently hold any one or more class(es) of cannabis licensed marketplace license(s) pursuant to 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. These terms shall also include the organization's officers, directors, board members and employees.
APPLICANT
A person or entity applying to the Township for a local annual license to operate a cannabis establishment within the Township in accordance with the Code of the Township of Mount Olive.
CANNABIS
A. 
All parts of the plant Cannabis sativa L., including indica and any and all hybrids, whether growing or not, the seeds and/or flower 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 products, including 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.
B. 
"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 al.), and P.L. 2015, c. 158 (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, or N.J.S.A. 2C:35B-1 (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 al.); 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. 4:28-6 et al.).
CANNABIS CONSUMER
A person 21 years of age or older who purchases, directly or through a cannabis delivery service, acquires, owns, holds, or uses cannabis items for personal use by a person 21 years of age or older, but not for resale to others.
CANNABIS CONSUMPTION AREA
As further described in Section 28 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-21), a designated location operated by a licensed cannabis retailer or permit 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 permit 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 permit 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 permit 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. "Cannabis cultivators" refers to those uses and activities that require issuance and possession of a valid current Class 1 cannabis cultivator license from the New Jersey Cannabis Regulatory Commission and a valid local annual license from Township of Mount Olive in accordance with the Act, the regulations promulgated by the Cannabis Regulatory Commission and the local ordinances of the Township.
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 delivery service" refers to those uses and activities that require issuance and possession of a valid current Class 6 cannabis delivery license from the Cannabis Regulatory Commission in accordance with the Act and the regulations promulgated by the Cannabis Regulatory Commission.
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 distributors" refers to those uses and activities that require issuance and possession of a valid current Class 4 cannabis distributor license from the New Jersey Cannabis Regulatory Commission and the Township of Mount Olive in accordance with the Act, the regulations promulgated by the Cannabis Regulatory Commission and the local ordinances of the Township.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer, as defined under the Act.
CANNABIS EXTRACT
A substance obtained by separating resins from cannabis by:
A. 
A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane, or propane;
B. 
A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or
C. 
Any other process identified by the Cannabis Regulatory Commission by rule or regulation.
CANNABIS FLOWER
The flower of the plant Cannabis sativa L. within the plant family Cannabaceae.
CANNABIS ITEM
Any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin 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 al.). "Cannabis item" does not include: any form of 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 al.) and P.L. 2015, c. 158 (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, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et al.).
CANNABIS LICENSED MARKETPLACE
A. 
Shall mean 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 any one or more of the above designated class(es) 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 license issued by the State of New Jersey 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.).
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 manufacturer" refers to those uses and activities that require issuance and possession of a valid current Class 2 cannabis manufacturer license from the New Jersey Cannabis Regulatory Commission and the Township of Mount Olive in accordance with the Act, the regulations promulgated by the Cannabis Regulatory Commission, and the local ordinances of the Township.
CANNABIS PARAPHERNALIA
Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body. "Cannabis paraphernalia" does not include drug paraphernalia as defined in N.J.S.A. 2C:36-1 and which is used or intended for use to commit a violation of Chapter 35 or 36 of Title 2C of the New Jersey Statutes.
CANNABIS PRODUCT
A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include:
A. 
Usable cannabis by itself; or
B. 
Cannabis extract by itself; or
C. 
Any other cannabis resin by itself.
CANNABIS REGULATORY COMMISSION, COMMISSION or CRC
The administrative agency of the State of New Jersey established pursuant to Section 31 of P.L. 2019, c. 153, N.J.S.A. 24:6I-24, to review and approve or deny applications and issue licenses to operate as a cannabis establishment or cannabis delivery service at the state level independent of the Township's local license regulations established by ordinance.
CANNABIS RESIN
Resin extracted from any part of the plant Cannabis sativa L., including cannabis extract and resin extracted using nonchemical processes, processed and used in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.). "Cannabis resin" does not include: any form of 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 al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); hashish 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 as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense of the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (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, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et al.).
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 retailer" further refers to those uses and activities that require issuance and possession of a valid current Class 5 cannabis retailer license from the New Jersey Cannabis Regulatory Commission and the Township of Mount Olive in accordance with the Act, the regulations promulgated by the Cannabis Regulatory Commission and the local ordinances of the Township.
CANNABIS WHOLESALER
A 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. "Cannabis wholesaler" further refers to those uses and activities that require issuance and possession of a valid current Class 3 cannabis wholesaler license from the New Jersey Cannabis Regulatory Commission and the Township of Mount Olive in accordance with the Act, the regulations promulgated by the Cannabis Regulatory Commission and the local ordinances of the Township.
CONSUMPTION
The act of ingesting, inhaling, or otherwise introducing cannabis, medical cannabis marijuana, and/or cannabis items into the human body.
DELIVERY
The transportation of cannabis, 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.
GIFTING
The sale of any object containing cannabis, cannabis item or cannabis product wherein the cannabis, cannabis item or cannabis product itself is assigned no or below-market sales price.
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.
LICENSE
A license issued under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.), 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, or a Class 6 cannabis delivery license. The term includes a conditional license for a designated class, except when the context of the provisions of P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.) otherwise intend to only apply to a license and not a conditional license.
LICENSED CANNABIS ENTITY
A licensed cannabis establishment or a licensed medical cannabis facility as defined in this section.
LICENSED CANNABIS ESTABLISHMENT
A duly licensed cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer (including microbusiness(es) at each class and tier) licensed under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:61-31 et seq.
LICENSED MEDICAL CANNABIS FACILITY
A medical cannabis cultivator, medical cannabis manufacturer, cannabis dispensary, an/or an alternative treatment center holding a valid current permit, including a vertical integrated permit, with all required endorsements, lawfully operating pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et al.
LICENSEE
A person or entity that holds a valid local annual cannabis license issued by the Township pursuant to this Code and simultaneously holds a valid license issued by the Cannabis Regulatory Commission under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.) 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 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.) 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.
LOCAL ANNUAL LICENSE
An annual license issued by the Township of Mount Olive which a licensed cannabis establishment, cannabis distributor and/or cannabis delivery service shall be required to obtain in order to lawfully operate within the jurisdictional boundaries of the Township in accordance with the Township's ordinances and P.L. 2021, c. 16, § 31 (N.J.S.A. 24:6I-45c(2), in addition to a valid and current license separately issued by the Cannabis Regulatory Commission at the same license class and tier for the same location.
MANUFACTURE
The drying, processing, compounding, or conversion of usable cannabis into cannabis products, cannabis items, or cannabis resins. "Manufacture" does not include packaging or labeling.
MEDICAL CANNABIS
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 al.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.). "Medical cannabis" does not include any cannabis or cannabis item which is cultivated, produced, processed, and consumed in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.).
MEDICAL CANNABIS CULTIVATOR
An organization holding a permit issued by the commission that authorizes the organization to: possess and cultivate cannabis and deliver, transfer, transport, distribute, supply, and sell medical cannabis and related supplies to other medical cannabis cultivators and to medical cannabis manufacturers, clinical registrants, and medical cannabis dispensaries, as well as to plant, cultivate, grow, and harvest medical cannabis for research purposes. A medical cannabis cultivator permit shall not authorize the permit holder to manufacture, produce, or otherwise create medical cannabis products, or to deliver, transfer, transport, distribute, supply, sell, or dispense medical cannabis, medical cannabis products, paraphernalia, or related supplies to qualifying patients, designated caregivers, or institutional caregivers.
MEDICAL CANNABIS DISPENSARY
Means an organization issued a permit by the commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver consistent with the requirements of Subsection i of Section 27 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-20); and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers. A medical cannabis dispensary permit shall not authorize the permit holder to cultivate medical cannabis, to produce, manufacture, or otherwise create medical cannabis products.
MEDICAL CANNABIS MANUFACTURER
An organization issued a permit by the commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from a medical cannabis cultivator or a clinical registrant; purchase or obtain medical cannabis products from another medical cannabis manufacturer or a clinical registrant; produce, manufacture, or otherwise create medical cannabis products; and possess, deliver, transfer, transport, distribute, supply, and sell medical cannabis products and related supplies to other medical cannabis manufacturers and to medical cannabis dispensaries and clinical registrants. A medical cannabis manufacturer permit shall not authorize the permit holder to cultivate medical cannabis or to deliver, transfer, transport, distribute, supply, sell, or dispense medical cannabis, medical cannabis products, paraphernalia, or related supplies to registered qualifying patients, designated caregivers, or institutional caregivers.
MEDICAL USE OF CANNABIS
The acquisition, possession, transport, or use of cannabis or paraphernalia by a registered qualifying patient as authorized by P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.).
MICROBUSINESS
A person or entity licensed under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.) 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:
A. 
Employ no more than 10 employees;
B. 
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 above that plane not higher than 24 feet;
C. 
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;
D. 
Acquire each month, in the case of a cannabis manufacturer, no more than 1,000 pounds of usable cannabis;
E. 
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
F. 
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.
MOBILE STRUCTURE or TEMPORARY STRUCTURE
Any and all carts, carriages, pedicab(s) (as defined under N.J.S.A. 39:1-1), trailers and/or wagons, and any and all building(s) or structure(s) as defined under the Uniform Construction Code Act, N.J.S.A. 52:27D-121 et seq., that is/are either not permanently affixed to a parcel of land, or, if so affixed to land, the structure or building is readily capable of being moved or removed without undergoing a substantial alteration to its building or structural system, and includes but not limited to: carts(s); food truck(s); greenhouse(s); manufactured home(s) or mobile home(s), as defined under N.J.S.A. 52:27D-121; pedicab(s) (as defined under N.J.S.A. 39:1-1); pole barn(s); pole trailer(s) (as defined under N.J.S.A. 39:1-1); portable on-demand storage structure(s); shipping container(s), whether in their original form or altered/repurposed; modular structure(s), industrialized modular building(s) and industrialized modular building components, as defined under the New Jersey Uniform Construction Code; recreational vehicle(s); tent(s); "tiny home(s)"; "THOWs" or "tiny homes on wheels"; trailers(s), semitrailers and/or motor-drawn trailers, as defined under N.J.S.A. 39:1-1, as being capable of being drawn by a motor-driven vehicle; wagons; and/or other movable structures.
MOTOR VEHICLE or VEHICLE
And refer to the following term every device in, upon or by which a person or property is or may be transported upon any roadway, regardless of the source of power, and includes but is not limited to the following terms, as specifically defined under N.J.S.A. 39:1-1: autocycle(s); automobile(s); bus(es), commercial motor vehicles; commuter van(s); farm tractor(s); high-occupancy vehicle(s); limousine(s), whether leased or owned; leased motor vehicle(s); low-speed electric bicycle(s); low-speed electric scooter(s); low-speed vehicle(s); mobile home(s), when not physically attached to land; motorized bicycle(s); motorcycle(s); motor-drawn vehicle(s); motor vehicle(s); motorized scooter(s); omnibus(es) passenger automobile(s); pedicab(s), when equipped with a motor; pole trailer(s), when drawn by another vehicle; recreation vehicle(s); road tractor(s); school bus(es); semitrailer(s); street car(s); trackless trolly; trailer(s); truck(s); truck tractor(s); and/or vehicle(s).
PARAPHERNALIA
Shall have the same meaning as given in N.J.S.A. 2C:36-1.
PERSONAL USE 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 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.).
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 al.): all public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, restrooms, 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.
PRODUCE
The planting, cultivation, growing or harvesting of cannabis. "Produce" does not include the drying of cannabis by a cannabis manufacturer, if the cannabis manufacturer is not otherwise manufacturing cannabis.
PUBLIC PLACE
Any place to which the public has access that is not privately owned, including but not limited to any property owned or leased by the United States, federal agency, the Township of Mount Olive, the County of Morris, the State of New Jersey, any government institution, any agency or subdivision of the State of New Jersey, Board of Education, and/or public school system situated within the geographic boundaries of the Township of Mount Olive; and shall further mean any place to which the public has access, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, playground, public swimming pool, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library, or any other public building, structure, or area.
REGULATED ACTIVITY
The cultivation, growing, manufacture, wholesale, transport, delivery, transfer, sale, display and or use of marijuana, cannabis, cannabis items and/or marijuana items in such amounts or in such a manner that a license or permit is required 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., and/or the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq., and the Code of the Township of Mount Olive, each as may be amended from time to time.
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.
A. 
Prohibited classes of cannabis establishments, businesses and cannabis consumption areas.
(1) 
In accordance with Section 31 of the Act (N.J.S.A. 24:6I-45), the following types and classes of cannabis businesses and cannabis establishments are prohibited within the jurisdictional and geographic boundaries of the Township of Mount Olive:
(a) 
Class 1 cannabis cultivator establishment(s);
(b) 
Class 2 cannabis manufacturer establishment(s);
(c) 
Class 3 cannabis wholesale establishment(s);
(d) 
Class 4 cannabis distributor business(es);
(e) 
Cannabis consumption areas; and/or
(f) 
Any combination of the above.
(2) 
Except as otherwise provided in § 134-4, no licenses, permits or endorsements, including local annual license(s), shall be issued by the New Jersey Cannabis Regulatory Commission or the Township of Mount Olive for the above-listed types of cannabis establishments and cannabis businesses, and no property within the geographic boundaries of the Township shall be used therefor.
B. 
Prohibited medical cannabis facilities and concurrent operations. Medical cannabis cultivator(s), medical cannabis manufacturer(s), and alternative treatment center(s), including any combination thereof, are hereby prohibited from operating within the jurisdictional and geographic boundaries of the Township of Mount Olive. Except as otherwise provided in § 134-4, no licenses, permits or endorsements, including local annual license(s), shall be issued by the New Jersey Cannabis Regulatory Commission or the Township of Mount Olive for the above-listed types of medical cannabis facilities and no property within the geographic boundaries of the Township shall be used therefor.
(1) 
This prohibition shall apply equally to any medical cannabis cultivator, medical cannabis manufacturer, alternative treatment center, and any other medical cannabis facility deemed to have a concurrent license pursuant to N.J.S.A. 24:6I-7 of the Jake Honig Compassionate Use Medical Cannabis Act, and/or N.J.S.A. 24:6I-46 of CREAMMA, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), as amended by P.L. 2013, c. 160, § 2; P.L. 2019, c. 153, § 10; P.L. 2021, c. 16, § 34; P.L. 2021, c. 252, § 1; and/or pursuant to P.L. 2023, c. 162, §§ 2 to 3.
C. 
Prohibited retail sales without state and local annual cannabis license. Pursuant to N.J.S.A. 24:6I-45, the retail sale of cannabis and cannabis items within the geographic and jurisdictional boundaries of the Township of Mount Olive is prohibited without having first secured both a valid and current annual Class 5 cannabis retail license issued by the New Jersey Cannabis Regulatory Commission and a valid and current local annual Class 5 cannabis retail license from the Township of Mount Olive. The licensee or holder of a Class 5 cannabis retail license shall at all times operate within the scope of authority set forth in the state and local annual license and in full compliance with the laws and regulations of the State of New Jersey, the Code of the Township of Mount Olive, and the terms and conditions of any license/permit so issued by the Cannabis Regulatory Commission and the Township of Mount Olive.
(1) 
The prohibition on the retail sale of cannabis and cannabis items without a valid and current annual Class 5 cannabis retail license and local annual Class 5 cannabis retail license issued by New Jersey Cannabis Regulatory Commission and Township of Mount Olive, respectively, shall also include any medical cannabis dispensary and/or alternative treatment centers seeking to concurrently operate as a Class 5 cannabis retailer, and any other medical cannabis facility deemed to have a concurrent Class 5 license pursuant to N.J.S.A. 24:6I-7 of the Jake Honig Compassionate Use Medical Cannabis Act, and/or N.J.S.A. 24:6I-46 of CREAMMA, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) as amended by P.L. 2013, c. 160, § 2; P.L. 2019, c. 153, § 10; P.L. 2021, c. 16, § 34; P.L. 2021, c. 252, § 1; and P.L. 2023, c. 162, §§ 2 to 3.
D. 
Prohibited cannabis delivery service operations. Pursuant to Section 31 of the Act, N.J.S.A. 24:6I-45, any Class 6 cannabis delivery service(s) is/are prohibited from being operated from any real property located within the jurisdictional and geographic boundaries of the Township of Mount Olive and the physical premises of any cannabis delivery service, including any New Jersey licensed Class 6 cannabis delivery service, is prohibited from being located within the geographic boundaries of the Township of Mount Olive. No state and/or local annual license(s) shall be issued by the New Jersey Cannabis Regulatory Commission or the Township of Mount Olive for use and operation of a Class 6 cannabis delivery service business within the geographic boundaries of the Township of Mount Olive, and no property within the geographic boundaries of the Township shall be used for such purpose.
(1) 
Nothing herein shall be construed to prohibit the holder of a valid current New Jersey Class 6 cannabis delivery service license issued by the New Jersey Cannabis Regulatory Commission from legally transporting or delivering cannabis and cannabis items and related supplies to the private property owned or leased by the consumer of 21 years of age or older in accordance with state law and within the scope of authority set forth in the licensee's Class 6 license issued by the Commission.
E. 
Prohibited cannabis consumption areas. In accordance with Section 31, N.J.S.A. 24:6I-45, and Section 32 of the Act, N.J.S.A. 24:6I-21, cannabis consumption areas are hereby prohibited from operating within the jurisdictional and geographic boundaries of the Township of Mount Olive, including within any licensed Class 5 cannabis retailer establishment. No state and/or local annual license(s) or endorsements shall be issued by the New Jersey Cannabis Regulatory Commission or the Township of Mount Olive for any cannabis consumption area; and no property within the geographic boundaries of the Township shall be used therefor.
F. 
Prohibition on unlicensed regulated activities. Unless preempted by the laws of the State of New Jersey, it shall be unlawful for any person or entity to engage in any conduct and/or activity rising to the level of a "regulated activity" for which a license is required, including but not limited to the cultivation, manufacturing, packaging, repackaging, wholesale, distribution, storing, transporting, delivery, display, sale, and/or transfer of cannabis, cannabis items, marijuana, marijuana products and/or cannabis products without both a valid and current license/permit and local annual license issued by the New Jersey Cannabis Regulatory Commission and the Township of Mount Olive, respectively. This provision shall be interpreted and construed to be read so as to not conflict with the provisions of N.J.S.A. 2C:35-10 through 2C:35-10d.
G. 
Violations for operating prohibited cannabis establishments/businesses. Any person or business entity found to engage in any activities prohibited by the Code of the Township of Mount Olive, including in the cultivation, manufacturing, packaging, repackaging, wholesale, distribution, unlicensed storage, transporting, delivery, display, unlicensed sale and/or transfer of cannabis, cannabis items, marijuana, marijuana products and/or cannabis products, shall be subject to a civil fine and penalty as set forth in this Part 1.
A. 
Permitted classes. Subject to all applicable state and local laws and regulations, the retail sale of cannabis and cannabis items to persons of 21 years of age or older by the holder of both a valid and current Class 5 cannabis retail license and local annual cannabis retail license issued by the New Jersey Cannabis Regulatory Commission and the Township of Mount Olive, respectively, shall be permitted from a licensed premises located entirely within either the Township's C-1 or C-2 Commercial District(s).
(1) 
Class 5 cannabis retailer establishments shall include Class 5 cannabis retail microbusinesses, licensed/permitted medical cannabis dispensaries operating or seeking to operate as a concurrent Class 5 cannabis retailer establishment; and/or alternative treatment center operating or seeking to solely operate concurrently as a medical cannabis dispensary and Class 5 cannabis retailer establishment within the Township of Mount Olive.
(2) 
Nothing herein shall be read or construed to permit an alternative treatment center to operate as Class 1, 2, 3, 4, or 6 cannabis establishment or business or as a medical cannabis cultivator, medical cannabis manufacturer within the Township of Mount Olive.
B. 
Numerical limit. No more than one local annual Class 5 cannabis retailer license is authorized to be issued by the Township on an annual basis at any given time.
C. 
Permitted locations. No local annual license shall be issued which allows for the operation of a Class 5 cannabis retailer establishment at any location other than within the indoor confines of a building on real property located entirely within the C-1 Commercial District Zone or C-2 Commercial District Zone.
D. 
School zone prohibited. The entrance(s) to a Class 5 cannabis retailer facility shall not be located within 1,000 feet of any school.
A. 
Township council authority. Beginning 60 days after the date of final adoption and passage of this Part 1, the Township Council is authorized to issue no more than one local annual Class 5 cannabis retail license annually to a qualifying applicant having both a conditional license issued by the Cannabis Regulatory Commission and having received the highest total score following completion of request for proposal application process and departmental review set forth in Article II of this Part 1.
B. 
No other or additional licenses permitted. Except as provided above, no other or additional licenses or license class types shall be issued or otherwise made available by the Township Council except by formal adoption and passage of an ordinance amending the provisions of the Code of the Township of Mount Olive.
C. 
Qualifying applicant. Before a local annual license may be applied for or issued, any person or business entity seeking to engage in any Class 5 cannabis retailer establishment activities within the Township of Mount Olive shall first apply for and secure a Class 5 cannabis retailer conditional license from the State of New Jersey Cannabis Regulatory Commission in accordance with state law the regulations of the CRC, and submit a complete written application to the Township of Mount Olive, including all filing fees, in accordance with the requirements of Article II of this Part 1.
D. 
Term of license. The initial term of the local annual license shall be from the date of issuance until December 31, 2024. Thereafter, the term of any local annual license shall be for one calendar year ending on December 31.
E. 
Scope of authority. All local annual licenses shall be limited to the retail sale of adult use cannabis and cannabis items by the named holder of the license at the specific premises described in the license in which cannabis and cannabis items are retailed.
F. 
Nontransferable. Any local annual license(s) so issued by the Township Council shall not be transferrable by the licensee to another person or business organization and/or transferrable to another location.
G. 
Conditions of licenses. All local annual licenses shall be subject to and conditional upon compliance with all laws and regulations of the State of New Jersey, the provisions of the Code of the Township of Mount Olive, and any and all conditions of approval and/or conditions of compliance established by the Commission and/or the Township Council. All local annual licenses so issued shall be subject to revocation by the Township Council upon for the failure of the licensee to comply with any state and/or local laws, regulations and/or conditions of compliance.