RED BANK — Members of the Red Bank Borough Council have passed two resolutions which acknowledge that entities known as Divine Garden, LLC, and 918 RB, LLC, have each proposed operating a permitted cannabis business in town.
The resolutions acknowledge that Divine Garden, LLC’s, and 918 RB, LLC’s, proposals would not exceed the municipal limit for the number of permitted cannabis businesses.
Divine Garden, LLC, is seeking a cannabis cultivator’s license and 918 RB, LLC, is seeking a retail cannabis license, according to the resolutions.
Divine Garden and 918 RB join ACTF, G Tree’s, Floro RB, Flower Shop Dispensaries, Canna Source, Quiet Bloom, Higher Breed, Monteverde, Scarlet Reserve Room, Next Chapter Market, RBFC, Canopy Crossroad and PLUG Naturals as potential cannabis business operators in Red Bank.
ACTF, G Tree’s and Divine Garden are the only two entities that are seeking to obtain a cultivator’s license. The remaining entities are seeking to obtain a retail cannabis license.
The resolutions that were passed by Red Bank’s elected officials were requested by representatives of Divine Garden, LLC, and 918 RB, LLC, as part of an application each will submit to the New Jersey Cannabis Regulatory Commission.
As stated in each resolution, the operator of a potential cannabis business must submit a resolution from the municipality in which the business may be located to the New Jersey Cannabis Regulatory Commission.
The local resolution certifies the municipality has authorized the type of cannabis business license that is being sought in its jurisdiction and confirms the issuance of the license would not exceed municipal limits for cannabis businesses, if there is a limit.
Red Bank’s resolutions provide Divine Garden, LLC, and 918 RB, LLC, with the necessary information to submit an application to the New Jersey Cannabis Regulatory Commission.
Under Red Bank’s ordinance pertaining to cannabis businesses, cannabis cultivators are permitted to operate in Red Bank’s industrial and light industrial zones.
Cannabis retailers are permitted to operate in Red Bank’s Business/Residential-1 zone and in the waterfront development district as a conditional use.
A cannabis retailer may only be located in buildings with other uses if the cannabis business is separated by full walls and has a separate entrance. No more than one cannabis business will be located on a single parcel, according to a municipal ordinance.
According to the ordinance, a cannabis retailer must provide a detailed security plan and receive approval of the security plan from the Red Bank Police Department.
Red Bank will impose a transfer and user tax to receive 2% of the receipts from each sale by cannabis cultivators and retailers. The user tax will be imposed on any license holder operating more than one cannabis business.
In March, the governing body amended its ordinance to require a municipal license from cannabis businesses seeking to operate in Red Bank.
The Borough Council established regulations for cannabis businesses following the enactment of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, also known as A-21.
The law legalizes the recreational use (also known as adult use) of marijuana for certain adults, subject to state regulation; it decriminalizes the possession of small amounts of marijuana and hashish (a marijuana concentrate); and it removes marijuana as a Schedule I (high potential for abuse) drug.
A-21 established six marketplace classes of licensed marijuana businesses: cultivator, manufacturer, wholesaler, distributor, retailer and delivery. All six business types will be permitted in Red Bank.