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AN ORDINANCE AMENDING AND SUPPLEMENTING, TITLE XIV, CANNABIS, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO PERMIT AND REGULATE ADULT USE AND LICENSE CANNABIS ESTABLISHMENTS.
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WHEREAS, Title 14, Cannabis, Section 1-1 et seq., sets forth Rules and Regulations governing Cannabis in the City of Newark; and
WHEREAS, the City of Newark desires to amend this section to include Rules and Regulations from New Jersey Cannabis Regulatory Commission N.J.A.C. 17:30-1 et seq., to revise and add additional City of Newark Rules and Regulations; and
WHEREAS, there is an obligation to provide specifications to the public and all interested parties desiring to operate a cannabis facility within the City of Newark.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
SECTION 1. The Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, are amended by amending Title XLI, Chapter 1 Purpose and Definitions, Section 14:1-2 Definitions:
“LEGACY” APPLICANT shall mean persons who are eligible to be pronounced rehabilitated and have been adjudicated delinquent for, or convicted of, whether expunged or not in the State of New Jersey, another State, or the Federal government regarding the following:
1. At least two (2) marijuana or hashish related disorderly persons offense.
2. At least one (1) marijuana or hashish related indictable offense.
SECTION 2. Title 14, Cannabis, Chapter 3, License, Section 14:3-5, Limitation on the Number of Licenses Issued, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is amended by revising thereto subsection A - F and H & I:
a. Not more than five (5) cannabis growers with the designation of one (1) for a “Legacy” applicant operating under Class 1 licenses;
b. Not more than five (5) cannabis manufacturers with the designation of one (1) for a “Legacy” applicant operating under Class 2 licenses;
c. Not more than three (3) cannabis wholesalers with the designation of one (1) for a “Legacy” applicant operating under Class 3 licenses;
d. Not more than three (3) cannabis distributors with the designation of one (1) for a “Legacy” applicant operating under Class 4 licenses;
e. Not more than five (5) fifteen (15) cannabis retailers with the designation of three (3) for a “Legacy” applicant operating under Class 5 licenses;
f. Not more than five (5) fifteen (15) cannabis delivery with the designation of three (3) for a “Legacy” applicant operating under Class 6 licenses;
g. Not more than three (3) safety compliance establishments shall operate within the City;
h. Not more than five (5) microbusinesses per Class can operate within the City operating under Class 1-4 & 6 with the designation of one (1) per Class for a “Legacy” applicant and not more than fifteen (15) microbusiness retailers with the designation of three (3) for a “Legacy” applicant operating under Class 5;
i. I. Not more than two (2) five (5) designated consumption establishments shall operate within the City, with the designation of one (1) for a “Legacy” applicant.
SECTION 3. Title 14, Cannabis, Chapter 6, License, Section 14:6, General Regulations, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is amended by adding subsections 14:6-2.1,14:6-2.2 and 14:6-2.3:
14:6-2.1 PACKAGING, LABELING, AND ADVERTISEMENT
All holders of licensing within the City shall adhere to the established laws regulating the packaging and labeling, and advertisement of cannabis items pursuant to N.J.A.C. 17:30-16 and N.J.A.C. 17:30-17.
14:6-2.2 PACKAGING AND LABELING REQUIRMENTS
A. Cannabis products shall be sealed in a closed container, so that the package cannot be opened, and contents consumed. All seals shall be visibly intact and not broken.
B. Usable cannabis and cannabis product packaging shall bear a label that complies with N.J.A.C. 17:30-16.3 and shall be affixed with the universal symbol established by the Commission.
C. Labeled cannabis packaging shall include the following consumer safety and product information:
1. The name, address, license number, and telephone number of cannabis cultivator and/or manufacturer.
2. Net weight and quantity of packaged cannabis items.
3. Production or harvest date.
4. Expiration date.
5. A sequential serial number, batch or lot number, and bar code to identify the batch or lot associated with cultivation or manufacturing.
6. A list of ingredients.
7. A list of potential allergens.
8. Storage method.
9. Serving size and total amount of active cannabinoid per serving size.
D. Labels affixed to cannabis items shall contain the following consumer warnings:
1. “This product contains cannabis.”
2. “This product is intended for use by adults 21 years of age or older and not for resale. Keep out of reach of children.”
3. “There may be health risk associated with the consumption of this product including for women who are pregnant, breastfeeding, or planning on becoming pregnant.”
4. “Do not drive a motor vehicle or operate heavy machinery while using this product.”
5. Nationwide toll free number used to access poison control centers.
6. “This is a high potency product and may increase your risk of psychosis.”
a. For any cannabis item containing total THC percentage greater than Forty Percent (40%).
7. “The intoxicating effects of this product may be delayed by two or more hours.”
a. For ingestible products.
8. “This device has not been evaluated or approved by the Food and Drug Administration.”
a. For an electronic smoking device.
E. Prohibited cannabis item packaging and labeling:
1. Statement, illustration, or image that includes false, deceptive, or misleading statements or promotes over-consumption.
2. Resemblance to a trademarked, characteristic, or product-specialized packaging of any commercially available candy, snack, baked good, or beverage.
3. Statement, artwork, or design that could reasonably mislead any person to believe that the cannabis item or package contains anything other than cannabis items.
4. Seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person to believe that the cannabis items or package have been endorsed, manufactured, or used by any state, county, or municipality, or any agency thereof.
5. Statement, illustration, or image that depicts a child or other person under legal age consuming cannabis items.
6. Statement, illustration, image, cartoon, color scheme, graphic, or feature that might make the cannabis item or package attractive to children.
a. i.e. toys, games, candy, beverages, food products, cartoon characters.
14:6-2.3 ADVERTISEMNT REQUIREMENTS AND PROHIBITIONS:
1. There shall be no advertisement whatsoever within the Two Hundred (200) feet of any elementary or secondary school grounds.
2. There shall be no advertisement at or in connection with a charitable, sports, musical, artistic, social or other similar event unless there is reliable evidence that no more Twenty Percent (20%) of the audience is expected to be under the legal age.
3. There shall be no advertisement on a billboard that is not on the real property of the cannabis facility.
4. There shall be no advertisement on a sign or placard in an arena, stadium, and shopping mall, fair that receives State allocations or video game arcade unless such facility is an adult only facility.
5. Cannabis facility may have external signage to identify the building by the licensed name.
6. There shall be no display on the exterior of the establishment advertising cannabis or a certain brand of cannabis product.
7. There shall be no use of a commercial mascot outside of, or in proximity to the cannabis facility premises.
8. There shall be no display of cannabis and cannabis paraphernalia visible to a person from the exterior of the facility.
9. There shall be no advertisement of pricing for cannabis products.
10. Cannabis establishments may make available a catalogue or printed list of pricing and strains.
11. Cannabis establishments shall not produce any items for sale or promotional gifts, such as T-shirts or novelty items, bearing a symbol or references to cannabis.
SECTION 4. Any ordinances or parts thereof inconsistent with this Ordinance are hereby repealed to the extent of their inconsistency only.
SECTION 5. If any part of this Ordinance shall be declared to be invalid or inoperative, such part shall be deemed severable and the invalidity thereof shall not affect remaining parts of this Ordinance.
SECTION 6. This Ordinance shall take effect upon final passage and publication and in accordance with the laws of the State of New Jersey.
SECTION 7. Codification. This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.
STATEMENT
This Ordinance amends and revises Title XIV, Cannabis, of the Revised Ordinances of the City of Newark, New Jersey, as amended and supplemented to permit and regulate adult use and license cannabis establishments.