As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE TREATMENT CENTER and PREEXISTING ALTERNATIVE TREATMENT CENTERAn 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 (N.J.S.A. 24:6I-1 et seq.) 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 (N.J.S.A. 24:26I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit and/or any alternative treatment center deemed to concurrently hold any one or more class(es) of cannabis licensed marketplace license(s) pursuant to PL. 2021, c. 16 § 33, N.J.S.A. 24:61-46, and P.L. 2021, c. 16 § 34, amending N.J.S.A. 24:61-7.
CANNABISAll 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. 2016, c. 16 for use in cannabis products as set forth in this article, 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 seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); 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. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); 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 seq.).
CANNABIS CONSUMPTION AREAA cannabis consumption area as defined under P.L. 2021, c. 16 § 3, N.J.S.A. 24:61-33, of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.
CANNABIS CULTIVATORAny licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
CANNABIS DELIVERY SERVICEAny licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
CANNABIS DISTRIBUTORAny licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
CANNABIS ESTABLISHMENTA cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer or a cannabis distributor.
CANNABIS ITEMAny item available for lawful consumption pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.).
CANNABIS LICENSED MARKETPLACEA. A license issued under relevant state law including a license that is designated as either a:
(1) Class 1 cannabis cultivator license.
(2) Class 2 cannabis manufacturer license.
(3) Class 3 cannabis wholesaler license.
(4) Class 4 cannabis distributor license.
(5) Class 5 cannabis retailer license.
(6) Class 6 cannabis delivery license.
B. The term shall also include a conditional license for a designated class, except when the context of the provisions of relevant state law otherwise intend to only apply for a license and not a conditional license.
C. The term shall also include any activity related to cannabis cultivation, cannabis manufacturing, cannabis wholesale, cannabis distribution cannabis retail and/or cannabis delivery service by a preexisting alternative treatment center deemed to concurrently hold any one or more class(es) of the above-listed cannabis license(s) pursuant to PL. 2021, c. 16 § 33, N.J.S.A. 24:61-46, and P.L. 2021, c. 16 § 34 of the Act, amending N.J.S.A. 24:6I-7; but shall not include the preexisting alternative treatment's activities related to medical cannabis cultivation, medical cannabis manufacturing, medical cannabis processing and/or medical cannabis dispensing by a preexisting medical cannabis alternative treatment center pursuant to a license or conditional licensed issued by the State of New Jersey pursuant to 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.).
CANNABIS MANUFACTURERAny licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
CANNABIS RETAILERAny licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
CANNABIS WHOLESALERAny 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.
CONSUMPTIONThe act of ingesting, inhaling, or otherwise introducing medical cannabis items and/or cannabis items into the human body.
CURBSIDE RETAIL SALEWhen a cannabis retailer sells a cannabis item to a consumer who is on the exterior of the facility on the cannabis retailer premises, which includes any parking lot and adjacent sidewalk that are located at the physical address listed on the cannabis business license, pursuant to N.J.A.C. 17:30-14.4.
[Added 10-4-2023 by Ord. No. 2023-026]
DELIVERYA. The transportation of cannabis items and related supplies to a consumer.
B. "Delivery" shall also mean the use by a licensed cannabis retailer of any third-party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.
DESIGNATED CAREGIVERA "designated caregiver" as defined under the Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).
GIFTINGAny individual, cannabis business or license holder providing free samples of marijuana or cannabis items, either independent of, or in connection with the sale of other goods and or services.
[Added 9-7-2022 by Ord. No. 2022-042]
INDOOR PUBLIC PLACEA structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a commercial or other office building; office or building owned, leased or rented by the state or by a county or municipal government; public and nonpublic elementary or secondary school building; board of education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statutes; child care center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment; apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single-family dwelling.
INSTITUTIONAL CAREGIVERAn institutional caregiver as defined under 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.).
LICENSEEA person or entity that holds a license issued under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.) including a license that is designated as either a Class 1 cannabis cultivator license, a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor license, a Class 5 cannabis retailer license, a Class 6 cannabis delivery license, and also includes a person or entity that holds a conditional license for a designated class; a person or entity holding a preexisting medical cannabis cultivator license, preexisting alternative treatment center permit first issued by the State of New Jersey, Department of Health, Division of Medicinal Marijuana in accordance with the provisions of the Jake 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, and approved by the Township to hold a concurrent municipal license to operate as a Class 1 cannabis cultivator, Class 2 cannabis manufacturer, Class 3 cannabis wholesaler and/or Class 4 cannabis distributor in accordance with the provisions hereinafter and P.L. 2021, c. 16 § 33, N.J.S.A. 24:6I-46, and P.L. 2021, c. 16 § 34 (amending N.J.S.A. 24:6I-7) of the Act; and/or any other person or entity holding a local annual cannabis license issued by the Township pursuant to this Code.
MANUFACTUREThe drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling.
MEDICAL CANNABISCannabis dispensed to registered qualifying patients or their designated or institutional care giver(s) pursuant to 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.). "Medical cannabis" does not include any cannabis or cannabis item that is cultivated, manufactured, produced, processed, distributed, delivered, sold and/or resold for the ultimate purpose of recreational consumption by persons that are not registered qualifying patients.
PERSONAL USE and/or RECREATIONAL USEThe purchase, sale, possession, and/or consumption of cannabis items by person(s) who are not a registered qualifying patient under 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.).
PREMISES or LICENSED PREMISESThe following areas of a location licensed under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.): all public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms, 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.
PUBLIC PLACEAny place to which the public has access that is not privately owned, including but not limited to any property owned by the Township of West Milford, County of Passaic, and or any other government subdivision of the State of New Jersey situated within the geographic boundaries of the Township; or any place to which the public has access where alcohol consumption is not allowed, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming pool, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library, or any other public building, structure, or area.
SECURITY SHUTTERSInterior or exterior accordion, rolling, or bifold shutters made of steel or aluminum.
[Added 10-4-2023 by Ord. No. 2023-026]
SERVICE/WALK-UP WINDOWA window where customers of a licensed retail cannabis establishment can walk up for the purpose of purchasing cannabis products. See also "curbside retail sale."
[Added 10-4-2023 by Ord. No. 2023-026]
VETERANAs applicable to this section, to receive any discount, "veteran" shall mean any person who presents a DD Form 214 reflecting they have received an honorable characterization of service, and as to any corporate entity, shall mean when such corporate entity is more than 50% owned by such veterans, as defined above.
WHOLESALE TRADEEstablishments or places of business primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.