search icon

Washington Township
City Zoning Code

ARTICLE XLV

Cannabis Use

[Added 9-14-2022 by Ord. No. 17-2022[1]]
[1]
Editor's Note: This ordinance superseded former Art. XLV, Cannabis, Cannabis Products and Cannabis-Related Businesses, added 5-26-2021 by Ord. No. 11-2021.

§ 285-339 Purpose and intent.

The purpose and intent of this article is to provide appropriate types of facilities in appropriate locations within the Township while promoting economic growth that will preserve and maintain the health, safety and welfare of the Township and its residents.

§ 285-340 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CANNABIS
All parts of the plant Cannabis sativa and Cannabis indica, 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 seq.) for use in cannabis products, 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 BUSINESS
Any person or entity that holds any of the six classes of licenses established under P.L. 2021, c. 16, the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act. (CREAMMA).[1]
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or produces cannabis, 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.
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.
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.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
CANNABIS ESTABLISHMENT LICENSE
An establishment with one or many of the licenses to operate as defined by the CREAMMA Act:[2]
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 Distributor license, for businesses involved in transporting cannabis plants in bulk from one 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; 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 purchased 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.
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.
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.
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.
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.
CREAMMA ACT
New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.[3]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[3]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.

§ 285-341 Classes of licenses prohibited within the Township.

A. 
All cannabis establishments under Class 1, Class 2, and Class 4 licenses involved in growing and cultivating cannabis, manufacturing, preparation, and packaging of cannabis items, and transporting of cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another shall be prohibited to operate within the Township.
B. 
Delivery of cannabis (Class 6) items and related supplies by delivery service within the jurisdiction of the Township are specifically exempted from this prohibition.

§ 285-342 Classes of licenses conditionally permitted within the Township; maximum permitted licenses.

Cannabis establishments licensed under Class 3 and Class 5 shall be conditionally permitted in the following districts:
A. 
Cannabis establishments involved in obtaining and selling cannabis items for later resale by other licensees licensed under Class 3 shall be a conditional use in CI Commercial Industrial and PI Planned Industrial Districts. No more than three cannabis wholesale facilities licensed under Class 3 shall be permitted. An additional three Class 3 licenses shall be permitted within the Washington Square Redevelopment Area and Delsea Drive Redevelopment Area in the Township.
B. 
Cannabis establishments involved in selling cannabis items and related supplies to consumers licensed under Class 5 shall be a conditional use in HC Highway Commercial, NC Neighborhood Commercial, and SC Shopping Center districts. No more than three cannabis retail facilities licensed under Class 5 is permitted within the Township.
C. 
Cannabis establishments shall comply with the standards of this Article XLV.

§ 285-343 Operation standards.

A. 
All cannabis establishments located within the Township shall meet all requirements for licensure and hold the appropriate license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey.
B. 
All cannabis establishment operations shall be conducted within a permanent building. No operations shall be conducted outside.
C. 
Smoking, vaping, or aerosolizing any cannabis item in a public place is prohibited, including but not limited to any public street, sidewalk, pedestrian plaza, parks, and any public place.
D. 
No outside storage of any cannabis, cannabis products or cannabis-related materials shall be permitted.
E. 
Hours of operation for cannabis wholesale facilities (Class 3) shall be limited to 7:00 a.m. through 8:00 p.m. daily.
F. 
Hours of operation of any cannabis retail facility (Class 5) shall be limited from 10:00 a.m. through 10:00 p.m. daily.
G. 
Drive-through facilities are prohibited.
H. 
For each cannabis establishment located within the Township, a security plan to be approved by the Washington Township Police Department shall be provided to demonstrate how the facility will maintain effective security and control of the operations. The plan should include the following, but not limited to:
(1) 
A map of all points of public entry and a description of all security measures, such as locks, alarms, access keypads, security cameras, or foot patrols, to restrict access by unauthorized persons;
(2) 
Type of security and alarm systems to be installed, which shall be in good working order 24 hours a day, seven days a week;
(3) 
Installation, operation, and maintenance of security cameras covering all interior and exterior parking lots, loading areas, points of entry, and interior space of the establishment;
(4) 
Tracking and recordkeeping of products and materials;
(5) 
Type of lighting provided in and around the establishment;
(6) 
Location of on-site security team and armed guard on-premises; and
(7) 
Procedures for maintaining records of regular audits to ensure that the security plan is current and that procedures are being followed.
I. 
All licensed facilities must provide the Washington Township Police Department with access to security footage immediately upon request by the Department.
J. 
Provide law enforcement with the name and phone number of the establishment's security staff contact to notify in case of problems.
K. 
All cannabis establishments shall provide detailed information on odor control from these sites, including air treatment systems with sufficient odor-absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located in the same building if the use occupies a portion of a building. The air treatment system shall be inspected annually to ensure compliance with the requirements of this subsection. A copy of the inspection report shall be filed with the Township.
L. 
All cannabis establishments shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading and other noise-generating equipment or machinery. All licensed facilities must operate within applicable state decibel requirements.
M. 
Loitering, disruption to and/or obstruction of the free passage of persons or vehicles in the immediate vicinity of the property shall be considered unlawful.

§ 285-344 Site development standards.

A. 
Cannabis establishments shall only be permitted on properties with frontage on either a state or county roadway.
B. 
Except as otherwise specified in this article, all licensed cannabis establishments shall comply with the area and bulk requirements and design standards established within the zone and Township ordinances.
C. 
No cannabis establishments shall be located within 1,000 feet from schools, day cares, child-care centers, public parks, and similar uses as measured from property lines.
D. 
No cannabis establishments shall be located within 1,000 feet from any behavioral care facilities or residential medical detoxification centers, as measured from property lines.
E. 
No cannabis establishments shall be located within 5,000 feet from another cannabis establishment, as measured from property lines.
F. 
Cannabis retailers licensed under Class 5 shall only have one primary public access point and shall be directly adjacent to the right-of-way or parking area of the building. Access should not be through common entrances with other uses.
G. 
Consumption areas. On-site consumption shall be prohibited.
H. 
Parking and loading. Parking and loading shall comply with Article XXX of the Zoning Ordinance.
I. 
Signage. Signage shall comply with Article XXXVI of the Zoning Ordinance and with the following requirements:
(1) 
No sign shall contain any visual representation or cannabis or associated paraphernalia.
(2) 
No cannabis establishment shall display on the exterior of its facility or building any advertisements for marijuana, marijuana paraphernalia or a brand name except for the purposes of identifying the building by the permitted name.
(3) 
Licensed cannabis retailers must post visible signage within the retail establishment about age requirements and the prohibition of using cannabis on public streets, sidewalks, and parks.

§ 285-345 Persons under legal age.

A. 
No person under the legal age of 21 shall be allowed in any building where cannabis is sold.
B. 
No person under the legal age of 21 shall purchase, attempt to purchase, or have another purchase for that person any cannabis on any premises licensed for the sale of cannabis.
C. 
Purchase of cannabis for a person under the legal age. No person shall purchase, attempt to purchase, or transfer cannabis to a person under the legal age of 21. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver cannabis to a person under the legal age of 21.

§ 285-346 Taxation.

[Amended 5-29-2024 by Ord. No. 4-2024]
A. 
Pursuant to Section 40 of the New Jersey Cannabis Regulatory, Enforcement and Marketplace Modernization Act (CREAMMA), the following municipal tax shall be collected from the following cannabis licenseholders:
(1) 
A 2% municipal transfer tax shall be imposed on the lawful sale of cannabis by any Class III licenseholder (retailer).
(2) 
A 1% municipal transfer tax shall be imposed on the lawful sale of cannabis produced by any Class III licenseholder (wholesaler).
B. 
The municipal transfer taxes provided for in this section shall be remitted to the Chief Financial Officer of the Township on a quarterly basis along with a report certified as true and accurate by the cannabis establishment's Chief Financial Officer, Comptroller, or other similarly situated person showing the gross revenues for the cannabis establishment for each month of the quarter ("Gross Revenue Report"). A copy of the cannabis retailer's ST-50C form filed with the state shall also be provided. No municipal transfer tax shall be considered remitted unless and until the ST-50C form and Gross Revenue Report provided herein have been submitted to the Township.
(1) 
The municipal transfer tax shall be paid quarterly on the same dates for the collection of property taxes. The municipal transfer tax due February 1 of each year shall include transfer taxes based on revenues for the prior year months of October, November and December. The municipal transfer tax due May 1 of each year shall include transfer taxes based on revenues for the immediate prior months of January, February, and March. The municipal transfer tax due August 1 of each year shall include transfer taxes based on revenues for the immediate prior months of April, May, and June. The municipal transfer tax due November 1 of each year shall include transfer taxes based on revenues for the immediate prior months of October, November and December.
(2) 
There shall be a ten-day grace period for the payment of municipal transfer tax. There shall be no extension of the municipal transfer tax grace period without a resolution of the Township Council.
C. 
Each cannabis establishment shall file on an annual basis no later than February 1 of each year a financial report from an independent accountant certifying as to the annual revenue for the preceding year.
D. 
In the event that the municipal transfer tax imposed by this section is not paid as and when due by a cannabis business, the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property comprising the cannabis business in the same manner as all other unpaid municipal taxes, fees, or other charges. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of municipal taxes, and shall be on a parity with and deemed equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same year. In the event of a delinquency, the Chief Financial Officer shall file with the Tax Collector a statement showing the amount and due date of the unpaid balance and identifying the lot and block number of the parcel of real property that comprises the delinquent cannabis business. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.

§ 285-347 Revocation of license.

A. 
Any license issued under this chapter may be suspended or revoked for a violation of any of the provisions of this article, the provisions of Chapter 133, Licensing, or any provision of the applicable statute or any of the rules or regulations of the State of New Jersey.
B. 
Proceedings for the suspension or revocation shall be in accordance with the provisions of Chapter 133, Licensing, or any provision of the applicable statute or any of the rules or regulations of the State of New Jersey by a service of the notice of charges preferred against the licensee and affording a reasonable opportunity for a hearing. Any suspension or revocation shall carry the penalties and prohibitions provided in the ordinances and statutes are referred to herein.
C. 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.