West Milford is addressing state cannabis regulations

When Governor Phil Murphy signed the New Jersey Cannabis Regulatory, enforcement Assistance and Marketplace Modernization Act in February he legalized the recreational use of marijuana by adults 21 years of age or older and established a comprehensive regulatory and licensing plan for commercial recreational (adult use) cannabis operations, use and possession.

The Township of West Milford Council is addressing all aspects of the new law and putting local legislation in place in conformance with state regulations, one step at a time.

The council is moving slowly and thoroughly as they study the legislation, listen to public comment and take action to conform to state regulations. The state action to approve the legislation came after New Jersey voters approved a ballot question in February which allowed legislation of a controlled form of marijuana for adults at least 21 years of age.

Six classes of business licenses

Six marketplace classes of licensed cannabis businesses are established by the legislation. They are Class 1 Cannabis (grower) cultivator license; Class 2 Cannabis (Processor) manufactor license; Class 3 Cannabis Wholesaler License; Class 4 Cannabis Distributor License; Class 5 Cannabis Retailer License and Class 6 Cannabis Delivery License.

Cultivator

A Cannabis Cultivator license is issued to a Cannabis cultivator for facilities involved in growing and cultivating cannabis. It can be held by any person or entity in the state that grows, cultivates, or produces cannabis, sells and may transport this product to other cannabis cultivators, or usable cannabis to cannabis manufacturers, wholesalers or retailers, but not to consumers.

Delivery service

A Cannabis Delivery Service license is held by any licensed person or entity that provides courier services to 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.

Distributor

A Cannabis Distributor license is for 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.

Establishment

A Cannabis Establishment license is for a cultivator, a cannabis manufacturer; a cannabis wholesaler, a cannabis retailer or a cannabis distributor.

Manufacturer

A Cannabis Manufacturer is any licensed person or entity that possesses 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.

Retailer

A Cannabis Retailer is 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 certified cannabis 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.

Wholesaler

A Cannabis Wholesaler is 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 a cannabis retailer but not to consumers.

Find out more

The ordinance adopted by the township council regarding cannabis has many additional provisions. Known as Ordinance 2021-028 more information about it can be obtained by visiting the office of the Township Clerk at the West Milford Municipal Building, 1480 Union Valley Road, West Milford.

See related story on Page 8.