Retail Cannabis License Ordinances Adopted
UPDATE: February 22, 2024
Township Council on February 22, 2024 adopted Ordinance 2024-01
amending Chapter 88 allowing for one Class 5 cannabis retail establishment license and one Class 6 cannabis delivery license within Robbinsville Township.
Council also adopted Ordinance 2024-02 amending Old York Road Redevelopment Area. This ordinance now allows for one Class 5 cannabis retail establishment license and one Class 6 cannabis delivery license within Robbinsville Township.
These Ordinances, both introduced on February 1, are in effect following final passage and publication according to law.
ROBBINSVILLE, NJ - (February 24, 2023) - With the clarification of rules regarding legal Cannabis by the State of New Jersey, Robbinsville Township now allows for cultivation, manufacturing and wholesale - those licenses are Class 1, Class 2 and Class 3, respectively.
Any prospective business looking to operate within Robbinsville's 20.5 square miles will need approval from both Township Council and a license from the State.
Under PL 2021, c. 16 “New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act” six classes of licenses were created. Municipalities were given the choice to "opt out" of any or all of the classes of licenses in 2021. Robbinsville initially opted out, but opted back in, per its right to do so, regarding the below activities. The State licenses are classified below. The five currently allowed in Robbinsville as of February 22, 2024 are in BOLD.
* Class 1 – Cannabis Cultivator; grows, cultivates or produces cannabis and sells and may transport to other cannabis growers, processors, wholesalers or retailers but not consumers. There will be no more than 37 cultivator licenses issued in New Jersey in the first two years.
* Class 2 – Cannabis Manufacturer; processes cannabis items by purchasing or obtaining cannabis, manufacturing, preparing and packaging cannabis items and selling and optionally transporting the items to other cannabis processors, wholesalers or retailers but not consumers.
* Class 3 - Cannabis Wholesaler; purchase or obtain, store, sell or transfer and possibly transport cannabis items for resale or other transfer to wholesaler or retailer, but not to consumers.
* Class 4 – Cannabis Distributor; transports cannabis items in bulk intrastate, from one licensed establishment to another and may temporarily store, as necessary.
* Class 5 (Adopted 2/22/2024) – Cannabis Retailer; purchase or obtain cannabis from other licensed entities in the state to sell to consumers, may use a cannabis delivery service or certified cannabis handler for delivery, consumers must purchase from a retailer to have cannabis delivered.
* Class 6 (Adopted 2/22/2024) - Cannabis Delivery Service; provide courier services of cannabis purchased from a retailer, make deliveries of cannabis items and related supplies to consumers, retailer can use third party technology platform to receive, process and fulfill orders for delivery.
Municipalities cannot stop cannabis items and supplies from being delivered to consumers within their borders (from other towns), according to the law. The taxes are levied at the local level based on the type of license and are a percentage of receipts of each sale. Class 1, 2 and 5 can be taxed at a maximum of 2% and Class 3 at a maximum of 1% by local municipalities. The municipality must collect the taxes directly from the licensee and can be handled like property taxes. Bulk transportation and delivery service to consumers is not taxed.
In July of 2021 by a 5-0 vote, Township Council adopted Ordinance 2021-21
to opt-out of allowing cannabis businesses in Robbinsville. Robbinsville has since opted back in, per its legal right, on Licenses 1, 2 and 3.
Dialogue continued as to what Township officials and residents wanted to be allowed, or prohibited, when it came to recreational cannabis businesses locating and operating in the Township.
"Our residents are in overwhelming support of (the new cannabis legalization legislation), but I know they are also in support of this town and they didn't want us to make any rash decisions," then-Councilman Mike Cipriano, discussing the initial decision to "opt-out" - said on June 24, 2021.
Under the initial legislation, municipalities had to vote to "opt-out" of allowing businesses to operate under the six newly-created licenses by August 21, 2021 - six months after the initial legislation was signed. The law establishes cannabis as the name for substance produced and consumed legally and marijuana as the illegally produced, sold or consumed substance.
Businesses must have at least one New Jersey resident who has lived in the state for at least two years “significantly involved” on the license application. Licensees must be at least 21-years-old and must be fingerprinted and undergo a criminal background check.
In evaluating the license, the New Jersey Cannabis Regulatory Commission cannot consider conviction of a crime involving controlled dangerous substances or illegal drugs that occurred before the law was passed, according to the New Jersey Attorney General's published information.