Phillipsburg City Zoning Code
ARTICLE XXII
Cannabis Related Businesses
§ 625-110 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.
Encompasses all components of the cannabis industry. Accordingly, it shall mean any business involved in cultivating, manufacturing, distribution, sales, or testing of marijuana. 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.
An ATC 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.
An organization issued a permit, conditional permit, and/or a vertically integrated permit pursuant to the "Jake Honing Compassionate Use Medical Cannabis Act," P.L. 2009, C. 307 (C. 24:6I-1 et al.) to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary or clinical registrant prior to February 22, 2021; and includes any alternative treatment center deemed pursuant to section 7 of the "Jake Honing Compassionate Use Medical Cannabis Act" (C. 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 PL. 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. For the purposes of zoning, the ATC within Phillipsburg serves as the interface between provider and patient and operates as a medical cannabis dispensary. Cultivation and manufacturing activities within the Town of Phillipsburg, unless within the same structure or property as a medical or adult use dispensary, shall be treated as a separate use category though it may be part of the license issued by the state for a single entity.
The definition given to "marijuana," as provided in section 2 of the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (effective January 17, 1971), codified at N.J.S.A. 24:21-1 et seq.
An organization issued a permit by the Commission to operate as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler or cannabis dispensary.
See "permitting authority."
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.
The documents issued by the permitting authority pursuant to the Act granting the legal right to operate as a cannabis business.
The entity responsible for the regulation and enforcement of activities associated with the medical use 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.).
The dried leaves and flowers of cannabis, and any mixture or preparation thereof, but does not include the seed, stems, stalks, or roots of the plant.
Vertically integrated operations proposing to have cultivation, manufacturing, and dispensing within the same facility. For the purpose of zoning, vertically integrated facilities shall be considered dispensaries.
§ 625-111 Permitted cannabis businesses, location.
Pursuant to section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), the following cannabis classes be and hereby are prohibited from operating anywhere in the Town of Phillipsburg:
A.
Class 1 cannabis cultivator license, for facilities involved in growing and cultivating cannabis;
B.
Class 2 cannabis manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;
C.
Class 3 cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
D.
Class 4 cannabis distributer license, for businesses involved in transporting cannabis plants in bulk from on licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
E.
Class 5 cannabis retailer license for locations at which cannabis items and related supplies are sold to consumers, except that the preexisting alternative treatment center, which is the holder of a valid 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 Honing 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, is approved by the Town of Phillipsburg to operate as both a medical cannabis dispensary and a Class 5 cannabis retailer within the geographic boundaries of the Town of Phillipsburg, and therefore may operate a cannabis retail establishment that functions as either or both a medical cannabis dispensary and an adult use cannabis dispensary in order to carry on the retail sale of cannabis, cannabis items and related supplies to consumers for medical purposes and adult-use consumption, in accordance with the provisions hereinafter and at 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. For zoning purposes, the alternative treatment center shall be permitted within all zones of the Town, including B-1 Office Zones, B-2 Business District (Highway Zone) and the B-4 Central Business District Zone; and
F.
Class 6 cannabis delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchases items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.