Cannabis Information

Overview

In February of 2021 the State of New Jersey passed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMM” or the “Act”) which legalizes the recreational use of marijuana by adults 21 years of age or older and establishes a regulatory and licensing scheme for commercial production, distribution, and sale of cannabis items.  Under the Act, if the Township desires to maintain local control of what may be permitted or prohibited within the Township for the next five years, the Township is required to adopt some form of regulation.

Section 31b of the Act stipulates: .. any municipal regulation or prohibition must be adopted within 180 days of the effective date of the Act (i.e., by August 22, 2021). The failure to act within 180 days shall mean that for a period of five years thereafter, the growing, cultivating, manufacturing, selling and reselling of cannabis and cannabis items shall be permitted uses in all industrial zones, and the retail selling of cannabis items to consumers shall be conditional use in all commercial and retail zones.

The Cannabis Regulatory Commission (CRC) has published a 160-page initial rule book.  However, the tight statutory deadline for filing initial rules did not allow the CRC to include rules on every sector of the cannabis industry. As such, the CRC chose to prioritize those sectors that must come first when establishing the new industry. The initial regulations include minimum standards for providing the secure transportation and home delivery of cannabis items. While the rule book is incomplete, the CRC is dedicated to ensuring that details for wholesalers, distributors, and delivery service businesses are included in its formal rule proposal, which is expected to be released in the near future.

Accordingly, the Township wanted the option to maintain local control of what may be permitted or prohibited within the Township.  The Township Council approved an ordinance (Ordinance 21-16), which will be amended from time-to time as final rules become available, permitting cannabis establishments, distributors, and delivery services to operate within its borders. This ordinance regulates the number, location, manner, and times of operation of these establishments, distributors, and delivery services. It also establishes civil penalties for the violation of any such regulations, provided the time of operation of delivery services shall be subject only to regulation by the State Cannabis Regulatory Commission. The Zoning Overlay Map can be found HERE.

How can I apply to gain municipal support to operate a cannabis business in Ewing Township?

The Township's application process starts with the local application. Once reviewed, the Township will take a meeting with prospective applicants to get them what they need to submit an application with the CRC.  

What is the Township looking for from applicants?

It is imperative that applicants do thorough research and have a detailed plan for how they seek to be good corporate citizens in the Township. Your community plan should be detailed enough to have thoughtful discussions regarding how you plan to involve Ewing citizens formally and informally in your business. From local ownership, to partnerships with philanthropic organizations, the applicant should be prepared to make a positive impact on the Ewing and greater Trenton community.

I found a property I'd like to utilize that is properly zoned. What else do I need to consider?

Ewing's land development ordinance is specific in that a property must meet site design criteria standards. Please ensure that your Team reviews the property to ensure it can meet these standards that include; parking, safe and efficient ingress and egress, landscaping, and aesthetic (architectural) improvements, etc.

What are the local requirements for commercial cannabis activity?

The NJ CREAMM Act authorizes municipalities to enact ordinances or regulations governing the number of cannabis establishments within their borders. Each municipality is responsible for establishing and enforcing its own rules and process that a cannabis business must follow to obtain local approval. The Township passed Ordinance 21-16 to amend certain general ordinances to include cannabis regulations, which limits the number of recreational dispensaries to no more than two.  There is no limit of the number of medical dispensaries, manufacturing facilities, wholesalers or cultivation centers.  This ordinance will be amended, from time to time, in the future when the CRC has finalized its rules.  Please see Ordinance 21-16 for more information.

Can a business operate legally with just approval from a local municipality instead of obtaining a state license?

No. All legal cannabis operators must receive a license from the NJCRC to conduct cannabis business in New Jersey. 

For municipalities that have chosen to allow cannabis businesses to operate, what authority do municipalities have regarding the establishment and operation of a cannabis business?

So long as it does not conflict with the CREAMM Act, a municipality may enact an ordinance or regulation to:

• Determine how many of each class of cannabis businesses are allowed in their jurisdiction;
• Regulate location and hours of operation for cannabis businesses, except for the times of operation of a licensed delivery service. Local regulations may include requirements that a cannabis business premises be a certain distance from the closest church, synagogue, temple, or other place used exclusively for religious worship; or from the closest school, playground, park, or child daycare facility;
• Levy local taxes of up to 2%;
• Institute additional local approval processes, though local fees must be reasonable; and
• Enact civil penalties for violations within the municipality.

Municipalities will also be able to weigh in with the CRC on preferences for license applicants.

How likely is it that CRC will grant a retail dispensary (distribution) license to the Township?

Based on availability, the Township can issue a maximum of 5 dispensary retail licenses. 

What is the most probable class of cannabis business that may obtain a license from CRC to operate in the Township?

Cultivation and/or manufacturing is based solely on the availability of commercial and light industrial land available in the market.

• New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act: Legalizes personal use cannabis for certain adults, subject to State regulation; decriminalizes small amount marijuana and hashish possession; removes marijuana as Schedule I drug.
• Public Law 2021, Chapter 16, C.2C:35-10a Personal use of cannabis items. Decriminalizes possession of 10 grams or less of marijuana and personal-use amount of regulated marijuana-infused products; requires substance abuse treatment under certain circumstances.
• Cannabis Regulatory Commission: The Cannabis Regulatory Commission (CRC) is the governing body responsible for regulating the new recreational cannabis program in New Jersey for adults 21 years and older, as well as the existing Medicinal Cannabis Program.  Its goals are to  create and protect equitable patient access, oversee the production of safe products, and promote diversity and inclusion in the industry to develop a national model for sensible, fair oversight.
• The Medicinal Cannabis Program (previously the Medicinal Marijuana Program) helps registered patients under the care of licensed medical practitioners to safely access cannabis-based medicine from regulated and monitored facilities.
• Medicinal Marijuana Registry  Registration and access for patients and caregivers and healthcare practitioners.