Zoneomics Logo
search icon

Englishtown City Zoning Code

§ 620-9

Cannabis.

[Added 4-26-2023 by Ord. No. 2023-03; 5-22-2024 by Ord. No. 2024-08; 10-23-2024 by Ord. No. 2024-19; 6-25-2025 by Ord. No. 2025-08]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CANNABIS
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c.16 (N.J.S.A. 24:6I-31 et al.) for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c.307 (N.J.S.A. 24:6I-1 et 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 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.22 (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.). (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
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. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
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. This person or entity shall hold a Class 1 cannabis cultivator license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
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. This person or entity shall hold a Class 6 cannabis delivery license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
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. This person or entity shall hold a Class 4 cannabis distributor license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
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. This person or entity shall hold a Class 2 cannabis manufacturer license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
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:
(1) 
Usable cannabis by itself; or
(2) 
Cannabis extract by itself; or
(3) 
Any other cannabis resin by itself. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
CANNABIS RESIN
The 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.). (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
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. This person or entity shall hold a Class 5 cannabis retailer license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
CANNABIS TESTING FACILITY
An independent, third-party entity meeting accreditation requirements established by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis items and medical cannabis for compliance with applicable health, safety, and potency standards. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 cannabis wholesaler license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
COMMISSION
The Cannabis Regulatory Commission established pursuant to Section 31 of P.L. 2019, c.153 (N.J.S.A. 24:6I-24). (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
CONDITIONAL LICENSE
A temporary license 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 that allows the holder to lawfully act as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service, as the case may be, which is issued pursuant to an abbreviated application process, after which the conditional license holder shall have a limited period of time in which to become fully licensed by satisfying all of the remaining conditions for licensure which were not required for the issuance of the conditional license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
CONSUMPTION
The act of ingesting, inhaling, or otherwise introducing cannabis items into the human body. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
DELIVERY
The transportation of cannabis items and related supplies to a consumer. "Delivery" also includes the use by a licensed cannabis retailer of any third-party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
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. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
LICENSEE
A person or entity that holds 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, and includes a person or entity that holds 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 person or entity that holds a license and not a conditional license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
LICENSEE REPRESENTATIVE
An owner, director, officer, manager, employee, agent, or other representative of a licensee, to the extent that the person acts in a representative capacity. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
MANUFACTURE
The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
MATURE CANNABIS PLANT
A cannabis plant that is not an immature cannabis plant. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
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.). (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
NONCOMMERCIAL
Not dependent or conditioned upon the provision or receipt of financial consideration. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
PREMISES or LICENSED PREMISES
Includes 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. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)
B. 
Cannabis class uses.
(1) 
Cannabis class uses (other than alternative treatment centers) shall be permitted in the Commercial and Industrial Zoning Districts as follows:
(a) 
Location. The permitted location of such uses shall be in accordance with the current NJ state requirements in addition to the following:
[1] 
All commercial zones, as defined in the Borough's land use ordinance, may be used for retail sales and delivery of cannabis as defined herein;
[2] 
Industrial zones, as defined in § 620-19, may be used for wholesale, packaging, testing and cultivation of cannabis as defined herein;
[3] 
Permitted classes of licenses (as defined by the State of NJ). The following classes or combination thereof are permitted:
[a] 
Class 1: cannabis cultivator.
[b] 
Class 2: cannabis manufacturer.
[c] 
Class 3: cannabis wholesaler.
[d] 
Class 4: cannabis distributor.
[e] 
Class 5: cannabis retailer.
[f] 
Class 6: cannabis delivery service.
[4] 
Class 5 cannabis retailers and/or Class 6 cannabis delivery services shall be permitted to engage in delivery services 24 hours per day.
[5] 
Class 5 cannabis retailers, may, after receiving Unified Planning/Zoning Board site plan approval, operate a drive through. This approval shall include a traffic study and impact analysis paid for by the applicant.
[6] 
Cannabis Consumption Areas shall be permitted as an accessory use to a licensed Class 5 cannabis retailer in all commercial zones, subject to site plan approval by the Unified Planning/Zoning Board. Such approval shall include review of ventilation, public health, public safety, and security measures, and shall be consistent with applicable State regulations and any conditions imposed by the Unified Planning/Zoning Board.
(2) 
For licensees who have already received license endorsements from the Council, the applicable license fee shall be due no later than receipt of the certificate of occupancy to open the business. All prospective licensees must pay the fee within 70 days of receiving endorsement from the Council.