Marijuana Facilities, Tax Considered For Cinnaminson

CINNAMINSON, NJ — Marijuana establishments that are licensed by the state would be permitted to operate within Cinnaminson under new legislation that was introduced Monday night.

Cinnaminson Township Committee introduced a proposed ordinance to allow cannabis establishments as a permitted use in the township when it met Monday night.

It also introduced a proposal setting the amount each establishment would be taxed, based on their license. The public hearings and final votes on each proposal will take place July 19.

If approved at that time, state licensed cannabis cultivators, manufacturer, wholesaler, distributor, retailer, or delivery services would be permitted to operate in the township as a conditional use.

The township took steps to ensure recreational marijuana isn’t used in public, including a provision in the proposed ordinance that explicitly states, “public consumption of cannabis, including that prescribed by a licensed clinician in accordance with State regulation, is not permitted unless ingested at a state and locally licensed consumption area.”

It also specifically banned smoking, vaping or aerosolizing marijuana in any place where smoking tobacco is already banned, as well as in bars, restaurants and sports venues.

The establishments themselves would not be permitted within 200 feet of a residence, house of worship, school, child care or other similar businesses.

The establishments wouldn’t be considered farmland, and would not be protected as such. They also aren’t eligible for a Payment In Lieu Of Taxes (PILOT) program.

Each establishment will be required to provide an air treatment system that prevents any odors from being smelled outside the facility.

They can’t have signs that promote the excessive use of cannabis, and they can’t advertise in restricted areas, including parks and schools, among other areas.

In November, New Jersey residents voted to legalize recreational marijuana use. As part of the legalization process, the state established six types of licenses:

• Class 1: Cannabis Cultivator license, for facilities involved in growing and cultivating cannabis;
• Class 2: Cannabis Manufacturer license, for facilities involved m the manufacturing, preparation, and packaging of cannabis items;
• Class 3: Cannabis Wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
• 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;
• Class 5: Cannabis Retailer license for locations at which cannabis items and related supplies are sold to consumers; and
• 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. It also includes services that 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.

The township would allow those with licenses covered by all but Class 5 to operate at a permanent location 24 hours a day, although retail sales may only take place between 9 a.m. and 10 p.m.

Those holding Class 1 and 2 licenses may include an area used for selling items and supplies to consumers, but that area can’t exceed 10 percent or 3,000 square feet of the total property, whichever is smaller.

Anyone holding a Class 1, 2, or 5 license will be subject to a 2 percent municipal transfer tax on the lawful sale of marijuana, and those with a Class 3 license will be subject to a 1 percent tax.

The proposals were introduced on the recommendation of a sub-committee that was formed when the township committee delayed a vote on how it would be handled locally because a state vote was canceled. Read more here: Cinnaminson Committee Delays Vote On Recreational Marijuana Ban

It intensified its work after the sale of recreational marijuana received approval from voters in November’s referendum.