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AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY AMENDING TITLE X, FINANCE AND TAXATION, BY ADDING A NEW CHAPTER 33 MEDICAL CANNABIS TRANSFER TAX PURSUANT TO N.J.S.A. 24A:61-10(i).
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WHEREAS, the State of New Jersey has acknowledged that there is a beneficial use for cannabis in treating or alleviating the pain or other symptoms associated with certain debilitating medical conditions and therefore has adopted the Jake Honig Compassionate Use Medical Cannabis Act ("CUMCA"), N.J.S.A. 24A:61-1 et seq.; and
WHEREAS, the CUMCA authorizes a municipality to implement a Medical Cannabis Transfer tax on any medical cannabis dispensed by the dispensary, including medical cannabis that is furnished by the dispensary to a medical cannabis handler for delivery to a registered qualifying patient or the patient's caregiver; and
WHEREAS, N.J.S.A. 24:6I-10(i) of the CUMCA mandates that the Medical Cannabis Transfer tax is not permitted to exceed two percent (2%) of the purchase price of the medical cannabis; and
WHEREAS, the Mayor and Municipal Council desires to impose a Medical Cannabis Transfer tax of two percent (2%) on all sales or transfer of medical Cannabis and, if authorized by the State Legislature, a two percent (2%) sales tax on the sale or transfer of recreational cannabis.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
[Editor's Note: Additions are shown as underlined and bold. Deletions are shown as strikethroughs].
SECTION 1: Title X, Finance and of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is amended as follows to add a new Chapter 33 Medical Cannabis Transfer Tax:
10:33-1. SHORT TITLE.
This Chapter shall be known and cited as the "Medical Cannabis Transfer Tax".
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