[Added 8-19-2021 by Ord. No. 21-17; amended 6-2-2022 by Ord. No. 22-13; 10-19-2023 by Ord. No. 23-48]
The regulations of this article are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities, including the Cannabis Regulatory Commission. If any provision of this article is inconsistent with state statutes and/or regulations, the state statutes and/or regulations shall prevail.
The purpose of this article is to enable the City of Trenton to take effective action to assure that all cannabis-related business advance the requirements of their licensure as regulated by the State of NJ, by ensuring the citizens of the City of Trenton are provided ample opportunity to participate within this new industry while advancing community development initiatives, including but not limited to public health, job training, enhanced recreational opportunities, drug prevention education, and social justice related programming and/or support thereof.
ACADEMIC MEDICAL CENTER
An entity located in New Jersey that, on the effective date of P.L. 2019, c. 153 (C.24:6I-5.1 et al.), has an addiction medicine faculty practice or is in the same health care system as another facility located in New Jersey that offers outpatient medical detoxification services or inpatient treatment services for substance use disorder; has a pain management faculty practice or a facility-based pain management service located in New Jersey; has graduate medical training programs accredited, or pending accreditation, by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association in primary care and medical specialities; is the principal teaching affiliate of a medical school based in the State; and has the ability to conduct research related to medical cannabis. If the entity is part of a system of health care facilities, the entity shall not qualify as an academic medical center unless the health care system is principally located within the State.
ACT
Collectively refers to NJCUMA and NJ CREAMMA.
A. 
NJ CUMAThe New Jersey Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (approved January 18, 2010), amended by P.L. 2019, c. 153 (approved July 2, 2019), codified at N.J.S.A. 24:6I-1 et seq.
B. 
NJ CREAMMAThe New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16); legalizes personal use cannabis for certain adults, subject to State regulation; decriminalizes small amount marijuana and hashish possession; removes marijuana as Schedule I drug.
ALTERNATIVE TREATMENT CENTER (ATC) or MEDICAL DISPENSARY
A dispensary authorized through licensure issued by the NJ State Department of Health and the Board of Medical Examiners to perform activities necessary to provide registered qualifying patients with usable cannabis and related paraphernalia in accordance with the provisions of the CUMA. Cultivation and manufacturing, unless within the same structure or property as a the dispensary, shall be treated as a separate zoning use category though it may be part of the license issued by the state for a single entity. No Adult Use cannabis business-related activities may take place within an ATC Dispensary unless granted a Resolution of Local Support by City Council to do so and appropriately zoned as deemed by the City's Zoning Official as an Expanded ATC.
CANNABIDIOL (CBD) RELATED PRODUCTS
A psychoactive non-intoxicating compound derived from a cannabis or hemp plant known to have many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties, containing less than 0.3% Delta 9 Tetrahydrocannabinol and less than 0.1% delta 8 Tetrahydrocannabinol (THC). THC as applied to this definition includes both Delta 8 and Delta 9 limitations. Products include:
A. 
FLOWERCombusting or vaporizing CBD weed allows users to feel the potential therapeutic effects of CBD almost immediately.
B. 
ISOLATECBD isolate is cannabidiol in its purest form: a fine white powder. This crystalline form of CBD is versatile and allows users to measure precise doses.
C. 
CONCENTRATESCBD can also be purchased in concentrate form, including raw CBD oil, cartridges, vape pens, syringes, and more. Concentrates bridge the gap between CBD flower and CBD isolate.
D. 
INFUSIONSReadily usable products infused with CBD, including edibles, elixirs, sublingual sprays, and topicals.
Manipulated hemp derived CBD is not permitted to be sold with synthetic additives or concentrated doses of Tetrahydrocannabinol or any regulated components of the plant.
CANNABIS
The definition given to 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 for use in cannabis products as set forth in the NJCREMMA, 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 (C.24:6I-1 et al.) and P.L. 2015, 47 c. 158 (C. 18A:40-12.22 et al.); marijuana as defined in N.J.S. 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 (C.2C:35B-1 et seq.), or marihuana as defined in section 2 of P.L.1970, c. 226 (C.24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (C. 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 (C.4:28-6 et al.) as long as said hemp does not contain more than the State and/or Federal allowable limits of Delta-8-Tetrahydrocannabinol or Delta-9-Tetrahydrocannabinol, the compound commonly known as THC.
A. 
REGULATED CANNABIS ITEM(S)Any cannabis item(s) as regulated and defined by the New Jersey Cannabis Regulatory Commission, bought, sold and used in accordance with state and local laws and regulations, including but not limited to, medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act (the "Medical Act"), P.L. 2009, c.307, N.J.S.A. 24:6I-2, et seq., and cannabis dispensed to adults 21 years of age or older, pursuant to the New Jersey Cannabis Regulatory, Enforcement, Assistance, and Marketplace Modernization Act (the "Adult Use Act"), P.L. 2021, c. 16, N.J.S.A. 24:61-31, et seq.
B. 
UNREGULATED CANNABIS ITEM(S)Any cannabis item(s), including any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin as further defined in P.L. 2021, c. 16; hashish; and marijuana/marihuana, which is not regulated by the New Jersey Cannabis Regulatory Commission.
CANNABIS BUSINESS or ESTABLISHMENT
An organization issued a license by the Commission to operate as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, or cannabis dispensary. While it may have a component that administers Medical Cannabis to qualifying patients, it is open to adult use of cannabis for person 21 years and older.
CANNABIS CONSUMPTION AREA "CCA"
A designated location operated by a licensed operator for which both a State and local license has been obtained, that is either: (1) an indoor, structurally enclosed area of the cannabis retailer, or alternative treatment center that is separate from the area in which retail sales of cannabis items occurs within the same building; or (2) a separate but enclosed structure on the same premises as the cannabis retailer or alternative treatment center; or (3) an establishment authorized to allow retail or medical cannabis to be sold and consumed under a separate license within an enclosed structure properly zoned and approved by the City of Trenton. Licensed operators shall restrict use or consumption to designated areas or spaces. In order to operate a CCA, the license holder must also apply for a license from the CRC and the local governmental entity. The cannabis retail license holder is prohibited from operating a CCA without both state and local approval.
CANNABIS CULTIVATION CENTER or CULTIVATION CENTER (Class 1 License)
A building, structure, or premises used for the cultivation or storage of cannabis. Includes the planting, propagating, cultivation, growing, harvesting, labeling or manufacturing, compounding and storing of cannabis for the limited purpose of this chapter. A cultivation center may be physically separate and off-site from the associated licensee's cannabis dispensary. When connected to, or part of, the same property by which an ATC dispenses from, it is considered part of the ATC or Dispensary.
CANNABIS DELIVERY SERVICE (Class 6 License)
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.
CANNABIS DISPENSARY or RETAILER (Class 5 License)
A retail facility that acquires, possesses, sells, distributes, transmits, gives, dispenses, or otherwise provides cannabis to person 21 years and older. While it may administer medical cannabis to qualifying patients, it is open to Adult Use.
CANNABIS DISTRIBUTOR (Class 4 License)
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.
CANNABIS MANUFACTURING FACILITY OR MANUFACTURING FACILITY (Class 2 License)
Facility involved with compounding, making, and processing of medical cannabis in all forms including those that involve food handling.
CANNABIS MICROBUSINESS
A person or entity licensed 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: (1) employ no more than 10 employees; (2) operate a cannabis establishment in accordance with CRC regulations for microbusinesses; (3) have at least one person with significant ownership interest as a resident of the City of Trenton.
CANNABIS TRAINING FACILITY
An entity that provides educational curriculum and/or mentorship and job training in related Cannabis & Hemp related businesses, including but not necessarily limited to; medical research, political science, legal, accounting, operational professionals, and law enforcement in the emerging cannabis industry from a Science, Technology, Engineering, Arts, & Math perspective. A Training Facility may, but is not required to, hold any license to sell, cultivate, or manufacture Cannabis.
CANNABIS WHOLESALER (Class 3 License)
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.
CAREGIVER
Institutional or Designated Caregiver, as defined in the Act, who is authorized to assist with a registered qualifying patient's medical use of cannabis.
CAREGIVER IDENTIFICATION CARD
The New Jersey Medical Marijuana Program Identification Card, which identifies registered caregivers under the Act.
CLINICAL REGISTRANT
An entity that has a written contractual relationship with an academic medical center in the region in which it has its principal place of business, which includes provisions whereby the parties will engage in clinical research related to the use of medical cannabis and the academic medical center or its affiliate will provide advice to the entity regarding patient health and safety, medical applications, and dispensing and managing controlled dangerous substances, among other areas.
DIVERSELY OWNED BUSINESS
A business that is minority-owned, woman-owned, or disabled veteran-owned and certified as such by the New Jersey Department of the Treasury in one or more of the listed categories.
EXPANDED ALTERNATIVE TREATMENT CENTER or EXPANDED ATC
Is a permitted ATC pursuant to P.L. 2019, c. 153 and N.J.A.C. 17:30A that is authorized to operate a cannabis business or businesses pursuant to that Act and that chapter, in addition to its medicinal cannabis operations. An expanded alternative treatment center shall be deemed to have all the rights and privileges of a cannabis dispensary or retailer (Class 5 License) cannabis establishment as defined in this article and shall be subject to all those requirements unless explicitly stated otherwise. The requirements of corporate structure and alternative treatment center physical requirements under P.L. 2019, c. 153 and that ensuing request for applications by the State of New Jersey shall supersede local Class 5 License requirements pursuant to Section 1, 146-50(1)(g).
HEMP or INDUSTRIAL HEMP
Is a variety of the Cannabis sativa plant species that is grown specifically for industrial use. It can be used to make a wide range of products including paper, rope, textiles, clothing, biodegradable plastics, paint, insulation, biofuel, food, and animal feed. Regulated through the USDA, the allowable amount of total THC may not exceed 0.3% at harvest.
MEDICAL CANNABIS CULTIVATOR
An organization issued a permit by the Permitting Authority 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 and dispensaries, as well as to plant, cultivate, grow, and harvest medical cannabis for research purposes. For the purposes of zoning, this shall include the building, structure, or premises used for the cultivation or storage of medical cannabis. A cultivation center may be physically separate and off-site from an associated medical cannabis dispensary. When connected to, or part of, the same property as a medical cannabis dispensary, the cultivation center shall be considered part of the medical cannabis dispensary.
MEDICAL CANNABIS DISPENSARY
An organization issued a permit by the Permitting Authority 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; 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 the Act; 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. For the purposes of zoning, this shall include the building, structure, or premises used for the dispensing of medical cannabis. No adult use cannabis business-related activities may take place within an ATC Dispensary unless granted a Zoning Permit by the City Zoning Official.
MEDICAL CANNABIS MANUFACTURER
An organization issued a permit by the Permitting Authority that authorizes the organization to: purchase or obtain medical cannabis and related supplies from a medical cannabis cultivator; purchase or obtain medical cannabis products from another medical cannabis manufacturer; 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 dispensaries. For the purposes of zoning, this shall include the building, structure, or premises used for the manufacturing of medical cannabis products.
MEDICAL USE OF CANNABIS
The acquisition, possession, transport or use of cannabis or paraphernalia by a registered qualifying patient as authorized by the CUMA.
MMP IDENTIFICATION CARD
The New Jersey Medical Marijuana Program Identification Card, which identifies registered qualifying patients under the Act.
PARAPHERNALIA
The definition as provided in N.J.S.A. 2C:36-1.
PERMIT
The documents issued by the Permitting Authority pursuant to the Act and local ordinance granting the legal right to operate as a Cannabis Business.
PERMITTING AUTHORITY
The entity responsible for the regulation and enforcement of activities associated with the production and/or sale of cannabis. This shall include the New Jersey Department of Health and the Cannabis Regulatory Commission, established pursuant to section 31 of P.L.2019, c. 153 (C.24:6I-24), which shall assume all powers, duties, and responsibilities with regard to the regulation and oversight of activities authorized pursuant to P.L.2009, c. 307 (C.24:6I-1 et al.) from the Department of Health for the further development, expansion, regulation, and enforcement of activities associated with the medical use of cannabis pursuant to P.L.2009, c. 307 (C.24:6I-1 et al.). This shall also include any City Cannabis Committee or entity set up for the review and local licensing of Cannabis Businesses.
QUALIFYING PATIENT OR PATIENT
A resident of the State of New Jersey who has been authorized for medical use of cannabis by a health care practitioner, and who has been registered by the Permitting Authority as, a registered qualifying patient.
SOCIAL EQUITY BUSINESS
A business owned by people who have lived in an Economically Disadvantaged Area of the state as defined by State legislation, or who have convictions for cannabis-only related offenses (expunged or not).
USABLE CANNABIS
The dried leaves, flowers, stems, stalks of a Cannabis Sativa plant, including any mixture manufactured as a tincture, ointment, salve, or products prepared for oral digestion, but does not include the seed, or roots of the plant.
VERTICALLY INTEGRATED CANNABIS FACILITY
The co-location or combination of the following activities related to the production of usable cannabis within a single corporate entity or majority ownership: cultivation, manufacturing, and dispensing. While NJCREAMMA does not permit vertically integrated cannabis facilities to be licensed as such with regard to adult use cannabis, multiple licenses may be assembled as rules and regulations permit over time.
A. 
Buffering requirements:
(1) 
No Cannabis Dispensary shall be located within 1,000 feet from any other Cannabis Dispensary, excluding Alternative Treatment Centers selling Medical Cannabis, which shall be generally measured from door to door walking distance, except that the minimum distance requirement for those Cannabis Dispensaries appropriately zoned and approved in the Roebling Redevelopment Area (The Entertainment District) or the Business A District south-west of Rt 206 (The Downtown District) may be 500 feet.
(2) 
Established ATC's (Medical Cannabis Dispensaries) seeking to become an Expanded ATC Adult Use may not do so if in violation of the City's buffer requirements. ATC's may however signal their intention to include adult sales upon seeking endorsement from the City, and in advance of CRC approval, by stating its desire for such use to be included within City Council's endorsement of an application.
(3) 
Cannabis dispensaries shall not be located within 750 feet from all schools where children are routinely present, which shall be generally measured from door-to-door walking distance, excluding daycare centers that are co-located within a mixed-use commercial and/or industrial building.
(4) 
Cannabis Dispensaries shall not be located within 250 feet from the front entrance to a place of worship.
(5) 
Standalone cultivation centers and manufacturing facilities are not included within these buffering prohibitions if the secured facility is properly zoned within an Industrial zone and does not contain a Cannabis Dispensary or have public access or visible signage and is and is otherwise properly situated in accordance with this Chapter.
B. 
In the event more than one land use application for a Cannabis Dispensary, cultivation center or manufacturing facility of the same classification are submitted to the City in close proximity to one another, and if the applications comply with all the requirements of this chapter and the Act, the City is not permitted to approve all of the applications because of the limitations set forth in this subsection. The City shall first review for approval the application that was first submitted and determined to be a complete and compliant application by the City Planner, or Zoning Official. The City will not accept applications in violation of any part of this article or is incomplete in any way.
C. 
The City encourages the transition of legacy operators to apply for endorsement. However, the City will not accept applications by applicants that are in violation of any part of this article or are otherwise incomplete in any way.
A. 
The City Council will act as the body for local review for the City for all cannabis establishments seeking a Resolution of Local Support for its State licensing application and local licensure. Pursuant to CRC regulations, as part of the state license application, each cannabis applicant must receive a Resolution of Local Support from the municipality's governing body. Under all circumstances in which State law requires communication to the City by the Cannabis Regulatory Commission 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 City 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 City Clerk's Office. City Council may appoint a Cannabis Advisory Committee to advise them on all cannabis related matters.
(1) 
Members of said CAC shall include at least three residents and two business owners located within the City.
(2) 
Thereupon the governing body (the City Council) shall, appoint such persons, of whom two shall be recommendations by the Mayor, annually by resolution.
(3) 
The Committee shall be supported by the Law Department, Police Department, City Planning, and Zoning Official.
(4) 
Of the members of the Committee, no member shall be affiliated with or related to a New Jersey Adult Use Cannabis Business or Medical Cannabis Establishment or prospective licensee, but all shall be resident or business owner of the City within the past five years.
(5) 
No member of the committee may hold interest in or be related to an applicant.
(6) 
All meetings of the Committee shall be subject to the Open Public Meetings Act, with minutes kept in accordance with same.
(7) 
Duties of the Committee will be to advise the City Governing Body as to the community development and philanthropic aspects of the Cannabis Businesses within the City of Trenton based on the information required of all applicants by the Governing Body and consistent with § 146-50. The Council may also authorize the Committee to finalize the terms of any Local Host Agreement pertaining to community development and philanthropic activities proposed by the operator prior to Council's ratification of same.
(8) 
The City Council may request a written report on a quarterly basis, on the status of the City's Cannabis industry, including but not limited to:
(a) 
The number of applicants and the location(s) of any approved facilities;
(b) 
The number of employees/qualifying microbusiness identifiers;
(c) 
The percentage of ownership for each beneficial owner, and if applicable intermediary owners, as well as LLC members, partners, public or non-public shareholders displayed in an ownership structure chart;
(d) 
Local residency;
(e) 
The owner(s)' gender; and
(f) 
The owner(s)' race, nationality, or ethnic group.
(g) 
Programs and/or community benefits derived through the Local Host Agreements.
(9) 
The Committee shall be advisory only and volunteer only to the City Council.
(10) 
The City Council may dissolve such committee as deemed appropriate and/or circumstances allow.
A. 
Under no circumstances shall a local permit for a cannabis establishment issued through the Clerk be effective until or unless the State has issued the requisite license(s) to operate such a facility. It is the intent of this Chapter that no cannabis establishment may lawfully operate in the City of Trenton without the issuance of a State license and full regulatory oversight of the cannabis establishment by the Cannabis Regulatory Commission or other state licensing authority as well as the issuance of a Cannabis Business Permit by the City. Once the City has granted a Resolution in Support of an application, the actual license to operate will be subject to State CRC approval and an executed Local Host Agreement once all appropriate approvals are obtained, including but not limited to Planning Board approval, Certificate of Occupancy through the Code Enforcement office in addition to any other requisite agencies associated with land development in the State of NJ, Mercer County, or the City of Trenton.
(1) 
Classification of licenses. Consistent with the State classification of licenses, the City, subject to local land use approval and/or zoning permit, and State licensure, may issue the following municipal permits to operate a cannabis establishment. The City Council shall set the number of local cannabis licenses issued annually but may not exceed the total number of such permitted at any given time, which shall be as follows for each license class:
(a) 
Class I: Cannabis Cultivator - Limit of 15. After a five-year period, Council may increase to a total not to exceed 20.
(b) 
Class II: Cannabis Manufacturer - Limit of 15. After a five-year period, Council may increase to a total not to exceed 20.
(c) 
Class III: Cannabis Wholesaler - Limit of 2.
(d) 
Class IV: Cannabis Distributor - Limit of 2.
(e) 
Class V: Cannabis Retailer - including alternative treatment centers, microbusiness retailers, and those connected to vertically integrated businesses - Limit of 10.
(f) 
Class VI: Cannabis Delivery - Limit of 10.
(g) 
Cannabis Consumption Areas - Limited to ATCs and Expanded ATCs.
A. 
While the State of New Jersey Cannabis Regulatory Commission vets all applicants with regard to much of the information being asked for herein, particularly with regard to compliance with financials rules, collusion with certain foreign governments, and criminal history, the City's application seeks to understand who its future business owners may be. The City Council and its review Committee will process this information, but will primarily focus on what an applicant may propose that will benefit the citizens of the Capital City as found within § 146-50 "Evaluation" below.
B. 
Persons wishing to obtain any Resolution of Local Support shall first file a license application with the City Clerk, on a standardized form established by the City Council and available in the Clerk's office. The application period and deadline for all applications shall be rolling until such time as the Council notifies the public via the City's website that no more applications will be accepted. An application shall be deemed incomplete and shall not be processed by the Clerk and transmitted to the Council and/or its Committee, until all documents and application fees are submitted. Once complete, the applicant shall receive a response no longer than 45 days upon receipt of a complete application.
C. 
To be deemed complete, all applications shall be accompanied by the following:
(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. No application will be accepted unless the applicant is fully compliant with applicable rules and regulations, including but not limited to the unregulated sales of cannabis, including hemp-derived infused THC cannabis products.
(2) 
The applicant shall submit an affidavit and documentary proof of compliance with all state and local laws regarding affirmative action, anti-discrimination 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) 
A letter from the Zoning Officer that the location proposed for licensing by the applicant shall comply with all applicable municipal zoning laws and the location restrictions set forth in this Code and shall include verification that the property conforms, or may be able to conform with all applicable planning and zoning related rules and regulations upon Planning or Zoning Board approval. The report from the Zoning Officer shall also include: bulk standards (e.g. parking, setbacks, etc.), how the property meets buffering requirements, as well as any other preliminary insight related to any Site Plan application to the Planning Board that may be required. The Zoning Officer, or appropriate official, shall also provide the applicant with a certified property owner list of those within 200 feet of the property to be utilized for the operation.
(4) 
The applicant shall submit proof within the application for Local Support that the applicant has delivered by certified mail notice that the property is intended to be utilized for cannabis and that the applicant will be petitioning the City Council for a Resolution of Support for its State CRC licensing application. The notice shall also contain;
(a) 
Name and address of the business;
(b) 
The type of license being pursued;
(c) 
Owner's (or representative) contact information;
(d) 
Any other information the owner wishes to share with the community highlighting its intent in being a good neighbor.
(5) 
The applicant shall submit, to the satisfaction of the Council or the Committee, proof of financial capability to open and operate the marijuana establishment for which the applicant is seeking a license. Standards for proof of financial capability shall be presented in strict confidence as determined by the requirements of the CRC.
(6) 
The applicant shall submit a fee for the application in the amount of $10,000. If the application is denied, applicants shall receive a refund of $5,000. Micro-licenses shall submit a fee of $1,000 application fee. Trenton residents that are social equity applicant may petition to receive a 50% discount of local license fees. A petition for discount shall include proof of residency and any associated documents that reveal the applicant's eligibility in meeting State CRC definitions.
(7) 
Transfer fees. Shall be 10% of sale of the license or $50,000, whichever is greater. Any entity assuming the transfer of classification license must adhere to the same state and city cannabis laws/regulations.
(8) 
Upon receipt of a conditional City Cannabis License, the Cannabis Business shall enter into a Local Host Agreement with the City when, upon receipt of a State License, to ratify the proposal put forth in the application. Such an agreement will include any and all proposed community programs, public service proposals, security, and mitigation of any community impacts agreed upon.
(9) 
Annual registration fees. Upon obtaining a State license shall submit annual registration fees of $10,000. Micro-licenses shall submit a fee of $5,000.
(10) 
The applicant and the application shall otherwise comply with any, and all qualification standards set forth in the State and City laws or regulations.
A. 
The City Council shall evaluate all applicants and may ask its Cannabis Advisory Committee for review and recommendations after consideration and evaluation of the following criteria. Presentation before the City Council is required. Each application should be reviewed within the confines of the license category being sought. (For example, a retail dispensary should focus on customer service, marketing, branding and architectural presentation, and public access issues, while a cultivation, distribution, wholesale operation on security, job environment, truck access and loading, and security. Micro-licenses should focus on their business plan and tangentially related experiences and support structures.) Notwithstanding the categories provided for herein, subjectivity in regard to personal tastes and aesthetic matters should be restrained in favor of the thoroughness and level of detail by which an applicant responds. Generally, the Council and its Committee shall utilize the following upon finalizing criteria for publication, the purpose of which is to understand the applicant and its operations, with particular focus on how the operator/operation plans to become a corporate citizen contributing to the well-being of the City of Trenton:
(1) 
Applicant's owners' or principals' qualifications and experience operating in highly regulated industries, including cannabis, healthcare, pharmaceutical manufacturing, and retail pharmacies, with preference to experience operating such businesses within the State of New Jersey;
(2) 
Applicant's brand and proposal for the physical presence of the business. Including but not limited to; the site's ability to meet all land use regulations (parking, landscaping, signage, etc.), architectural treatments, customer experience (where applicable), etc.;
(3) 
A summary of the applicant's operational plans; including, but not limited to, storage of products and currency, physical security, video surveillance, security personnel, and visitor management;
(4) 
Applicant's orientation to research and development of Cannabis. Including but not limited to its owners' experience conducting, supporting, and/or future plans to conduct institutional review board-approved research related to medical cannabis, veterans' affairs, or substance abuse. Include whether the applicant has had any assurance accepted by the U.S. Department of Health & Human Services indicating the applicant's commitment to complying with 45 CFR Part 46 (human subjects); and whether the applicant has a research collaboration or partnership agreement in effect with an accredited U.S. school of medicine, or osteopathic medicine with experience conducting cannabis-related research, veterans affairs, or other institutions of higher learning dedicated to cannabis research or occupational training;
(5) 
Applicant's or its owners' demonstrated commitment and plans to become responsible employers, defined as the applicant entity being a committed to a local program in collaboration with organizations committed to the well-being of residents, including, but not limited to the City and surrounding service area. Provide evidence in letters of support and agreements, (e.g. Local workforce hiring and development plan, Community service, Collaborations with a university or specialized training facility such as, but limited to Vo-Tech, and dedicated support to social justice initiatives);
(6) 
Summary of the applicant's environmental impact/mitigation, and sustainability plan; whether the applicant entity or its parent company has any recognitions from or registrations with federal or New Jersey state environmental regulators for innovation in sustainability; and whether the applicant entity or its parent company holds any certification under international standards demonstrating the applicant has an effective environmental management system or has a designated sustainability officer to conduct internal audits to assess the effective implementation of an environmental management system;
(7) 
Applicant's ties to the host community, demonstrated by at least one shareholder's proof of residency in the City for five or more years within the past 10 years, or at least one shareholder's continuous ownership of a business based in the City for five or more years in the past 10 years;
(8) 
Applicant's experience and/or commitment to community health related programs and associated charitable organizations, including but not limited to, particular attention toward prevention of drug and alcohol abuse including but not limited to youth and vulnerable persons both locally and regionally;
(9) 
Applicant's demonstrated commitment to diversity in its ownership composition and hiring practices; Applicant's commitment to supporting and working with local micro-licensees regardless of the licensing category, including but not limited to contracting for service and training/mentorship; The applicant entity or its parent company holds any certifications as a NJ minority-owned, women-owned, or veteran-owned business;
(10) 
Applicant's or its owners' demonstrated commitment, sufficient experience, and/or plans to be responsible employers, including but not limited to, an entity entering into a labor peace agreement or collective bargaining agreement with a union in the regulated cannabis industry for at least one year prior to application for a Cannabis Establishment license, in an effort to create well-paying jobs with employee benefits in the City.
B. 
Upon receipt, review, and evaluation, the City Council shall vote on whether to issue a Resolution of Local Support to the applicant.
A. 
Term of application endorsement. Notwithstanding any application process, a Resolution of Local Support shall entitle the recipient applicant to pursue a State license in the requisite classification for up to 12 months, which may be extended in the City Council's discretion for an additional six months for good cause. No business may operate until the applicant has received a State license and satisfied other prerequisites of municipal permit. If the recipient of a notice of award and conditional permit has not received a State permit or license within 12 months from issuance, unless extended for good cause, the City Council shall issue a new request for applications and/or reevaluate the applications under the above criteria.
B. 
The City Clerk's office shall issue a local cannabis license only upon receipt and confirmation that the applicant has received state licensure approval, Planning Board or Zoning Board approval, and has paid the annual license fee.
C. 
Term of License and License renewals.
(1) 
Any local License issued pursuant to this chapter that receives a State Cannabis License to operate shall be valid for a period of two years from the date of state issuance and shall be renewed in accordance with the provisions of this chapter.
(2) 
The Committee may, at its discretion, adjust the renewal date of the local license to correlate with an applicant's State licensing and renewal schedule.
(3) 
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 in addition to any history of property maintenance and zoning code violations.
(4) 
Transfer of ownership of any local license or change of location of any license or modification to expand a licensed premise shall be subject to City Planning review and zoning approval. Such review shall be in accordance with § 146-50 (Evaluation) and continuance of the Host Agreements.
(5) 
Except where Council has received a complete renewal application along with the requisite fees, and 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 license after the expiration date recorded on the face of the license.
D. 
Award limitations. In the event more than one application for a Cannabis Business (Dispensary, cultivation center or manufacturing facility, etc.) of the same classification is awarded by the State and are submitted to the City which are either; too close in proximity to one another, or exceed the number of available licenses, and if the applications comply with all the requirements of this chapter and the Act, the City is not permitted to approve all of the applications because of the limitations set forth in this subsection. The City Council shall make a determination if reasonable accommodations can be made to eliminate the conflict and/or expand the number of available City Cannabis Business licenses awarded in any given year.
E. 
The conditional Local Host Agreement with the City shall be contingent upon State license approval. Upon receipt of a State License, the local host agreement shall by fully executed. No applicant shall commence operation in the City without execution of an Agreement.
Cannabis products may be transferred or delivered, consistent with the requirements of the Act. Mobile facilities shall not be permitted unless expressly authorized under the Act or permitted by the Permitting Authority and approved by Special Permit by the City.
A. 
Samples of cannabis products offered for sale may be displayed on shelves, counters and display cases. All bulk cannabis products shall be locked within a separate vault or safe, with no other items in the safe, securely fastened to a wall or floor, as coordinated with the Trenton City Police Department and allowable under Permitting Authority regulations and state legislation.
B. 
Signage.
(1) 
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.
(2) 
All other City sign regulations must be complied with the Land Development Ordinance.
C. 
Must adhere to the provisions of the applicable zoning or redevelopment standards to the extent feasible and gain site plan approval.
D. 
Security and reporting.
(1) 
Surveillance system.
(a) 
Cannabis Establishments shall be monitored at all times by closed-circuit television surveillance system. Security cameras shall be in use 24 hours per day, seven days per week, and shall cover all cannabis dispensing areas, storage areas, all doors and windows with access into the Cannabis Establishment, parking areas if applicable, and any other areas not mentioned if deemed necessary by the Chief of Police or his/her designee. The surveillance system must be capable of providing surveillance of both interior and exterior areas of the Cannabis Establishment and must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the site.
(b) 
The security cameras must be Internet Protocol (IP) cameras capable of providing real time footage over the internet. Operators must provide the Trenton City Police Department with access to this real-time camera footage in case of an emergency.
(c) 
The recordings shall be maintained at the Cannabis Operation for a period of not less than 30 days and shall be provided to the City Police Department within twenty-four hours of a written request from the Police Department for any recordings.
(2) 
Outside areas of the premises and the perimeter shall be lit in accordance with City regulations and all doors equipped with motion censored lights.
(3) 
The Trenton City Police Department shall be provided the name and phone number of a staff person to notify during suspicious activity during or after operating hours
(4) 
Security staff is required on the premises during all hours of operation.
(5) 
The premises must only be accessed by authorized personnel and free of loitering.
(6) 
All cultivation of cannabis shall take place in an enclosed, locked facility.
(7) 
Storage of currency. All currency over $1,000 shall be stored within a separate vault or safe, not used for the storage of medical cannabis, securely fastened to a wall or floor, as approved by the Trenton City Police Department.
(8) 
Cannabis Establishments shall comply with all security requirements as established by state law and regulations, as they may be updated from time to time.
E. 
No products to be visible from public places. Cannabis plants, products, accessories, and associated paraphernalia contained in any cannabis business shall not be visible from a public sidewalk, public street or right-of-way, or any other public place. On-site storage of usable cannabis shall comply with 21 CFR 1301.72.
F. 
No beer or alcohol on premises. No fermented malt beverages and no alcoholic beverages shall be kept, served or consumed on the premises of a cannabis business.
G. 
Storage of products. All products and accessories shall be stored completely indoors and on-site in accordance with the Act and the Permitting Authority regulations.
H. 
Cannabis consumption areas. No consumption or smoking of any cannabis products shall be allowed or permitted on the premises or adjacent grounds of a cannabis business unless specially permitted through a Consumption Area permit as part of a licensed Medical Dispensary, and for the exclusive use of medical patients only, and the following conditions:
(1) 
No Cannabis Dispensary shall be permitted to operate a Consumption Area within 200 feet of any residential zoning district of the City or a single-family residential zoning district of any adjacent municipality.
(2) 
If cannabis will be consumed by smoking or vaping, the Cannabis Dispensary must comply with the New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-55 et seq.) and associated regulations (N.J.A.C. 8:6-1.1 et seq.).
(3) 
The Consumption Area shall be limited to those licensed alternative treatment centers and Expanded alternative treatment centers, or other establishment endorsed by the State Cannabis Regulatory Commission.
(4) 
The Cannabis Consumption Area shall comply with the definition set forth herein and be either (a) an indoor, structurally enclosed area of the licensed Cannabis Dispensary that is separate from the area in which retail sales of cannabis items occur or (b) an exterior structure on the same premises as the dispensary, either separate from or connected to the dispensary.
I. 
Prevention of emissions and disposal of materials.
(1) 
Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the cannabis business premises shall be provided at all times. In the event that any debris, dust, fluids or other substances shall exit the business premises, the property owner and operator shall be jointly and severally responsible for the full cleanup immediately.
(2) 
Businesses shall properly dispose of all materials and other substances in a safe and sanitary manner in accordance with state regulations.
(3) 
As applicable, cannabis businesses shall be equipped with ventilation systems with carbon filters sufficient in type and capacity to eliminate cannabis odors emanating from the interior to the exterior of the premises discernible by reasonable persons. The ventilation system must be inspected and approved by the Construction Official.
(4) 
If carbon dioxide will be used in any cultivation area, sufficient physical barriers or a negative air pressure system shall be in place to prevent carbon dioxide from moving into the ambient air, into other units in the same building or into an adjacent building in a concentration that would be harmful to any person, including persons with respiratory disease and shall be inspected and approved by the Construction Official and the Fire Marshall.
(5) 
All state regulations concerning ventilation systems shall be followed.
J. 
Compliance with other codes. Any cannabis business and the adjacent grounds of the cannabis business shall comply with all zoning, health, building, fire, and other codes and ordinances of the City as shown by completed inspections and approvals by the City Planner, Zoning Official, Construction Division/Technical Services, Fire Safety Division, and the City Health Department, if applicable.
K. 
No harm to public health, safety or welfare. The premises of a cannabis business, and any adjacent grounds thereto, shall be operated in a manner that does not cause any substantial harm to the public health, safety and welfare.
L. 
Additional requirements. At the time the Planning or Zoning Board grants site plan approval, or a major change to a cannabis business is approved, the Board may impose on the applicant any condition related to the proposed use that is reasonably necessary to protect the public health, safety or welfare, not inconsistent with the Permitting authority requirements, including but not limited to the following:
(1) 
Additional security requirements;
(2) 
Limits and requirements on parking and traffic flows;
(3) 
Requirements for walls, doors, windows, locks and fences on the premises and adjacent grounds;
(4) 
Limits on the type of unregulated cannabis products that may be sold;
(5) 
Requirements and limits on ventilation and lighting;
(6) 
Limits on noise inside the licensed premises or on the adjacent grounds;
(7) 
Prohibitions on certain conduct in the cannabis business;
(8) 
Limits on hours of operation.
(9) 
Local Host Agreements shall be a Condition of Approval if an executed agreement does not exist at the time of application.
M. 
Penalty for violation. Any violation of the provisions of this subsection or the conditions of the zoning permit granted, by a cannabis business shall be punishable by a civil fine of up to $2,500. Each day that a violation is committed, exists or continues shall be deemed a separate and distinct offense. In addition, any violation of the provisions of this subsection, or any conditions imposed by the zoning permit may result in the revocation of the zoning permit.
N. 
Relationship to any Redevelopment Plan, and the City Zoning and site plan standards. To the extent any provisions of the City redevelopment plans, zoning and site plan standards conflict with this section, the provisions and standards of this section shall control.
[Amended 9-5-2024 by Ord. No. 24-51]
A. 
Disciplinary actions. Penalties for investigation of permit violations and for suspension, revocation, or other permit sanctions as a result of any such violation shall be as follows:
(1) 
First offense: Up to $250 per violation per day;
(2) 
Second offense: Up to $500 per violation per day;
(3) 
Third violation shall result in summary suspension.
B. 
Summary suspension. Notwithstanding the foregoing section, when the City Council 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 emergency action, the Council may enter a summary suspension order for the immediate suspension of the permit and notice to the Cannabis Regulatory Commission pending further investigation.
(1) 
The summary suspension order shall be in writing and shall State the reasons therefore. The licensee shall be afforded an opportunity for a hearing as outlined herein.
(2) 
The City Council shall convene a review panel. The hearing shall be scheduled within 45 days of the date of the order.
(3) 
The review panel is authorized to impose any fines, conditions, restrictions, suspensions, or combination thereof authorized by the State of New Jersey. In the absence of State specified penalties, the City may issue fines up to, but not to exceed, $2,500 per offense and/or suspension of license for a period not to exceed six months.
C. 
Inactive licenses. Following the commencement of retail sales of cannabis or cannabis products, the Administrator may suspend or revoke any permit if a licensed premise has been inactive or unoccupied by the licensee for at least six months.
D. 
State license. The Committee may suspend or revoke any permit if the corresponding State license for the subject location is expired, surrendered, suspended, or revoked.
[Added 9-5-2024 by Ord. No. 24-51]
It is unlawful and it is prohibited to establish or operate a cannabis business in the City of Trenton without first obtaining the proper licensure and permission from both the State of New Jersey and the City of Trenton, as is further outlined in this article and in the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act.
A. 
Disciplinary actions for operators and owners of unlicensed cannabis establishments. Any owner and/or operator that is found to operate a cannabis business in the City of Trenton without the proper licensure and permission from both the State of New Jersey and the City of Trenton shall be subject to:
(1) 
$2,000 violation per day;
(2) 
Imprisonment in the county jail for a period not exceeding 90 days;
(3) 
Exclusion from future consideration for a Resolution of Local Support and/or local licensing; and
(4) 
The owner and/or operator's business licenses shall be suspended for six months.
B. 
Disciplinary actions for landlords that permit unlicensed cannabis operations on their premises. Any landlord that is found to have permitted a cannabis business to operate on their premises without the proper licensure and permission from the State of New Jersey and the City of Trenton shall be subject to a $2,000 violation per day. The failure to pay such fines shall subject the landlord to a lien on the premises in accordance with applicable laws.