New Jersey-2016-A2116-Introduced

An Act concerning the cultivation and production of marijuana for medical purposes, and amending and supplementing P.L.1983, c.31 and P.L.1983, c.32.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. Notwithstanding any provision of section 6 of P.L.1983, c.31 (C.4:1C-9), or any rule or regulation adopted pursuant thereto, to the contrary, the cultivation or production of marijuana for medical use regulated pursuant to P.L.2009, c.307 (C.24:6I-1 et seq.) shall be considered an agricultural activity and a generally accepted agricultural operation or practice, and no county, county board, or municipality may prohibit or restrict its cultivation or production, provided that:

1) the marijuana is cultivated or produced exclusively for medical use as regulated pursuant to P.L.2009, c.307 (C.24:6I-1 et seq.); and

2) there is a 24-hour, seven-days-a-week manned security presence on the property where the marijuana is cultivated or produced, or another security plan, approved by the municipality in which the property is located, is implemented on the property.

b. The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall supersede any law, ordinance, resolution, or regulation to the contrary concerning the cultivation or production of marijuana for medical use regulated pursuant to P.L.2009, c.307 (C.24:6I-1 et seq.) enacted by any municipality, county, county agriculture development board, or the State Agriculture Development Committee.

2. (New section) a. Marijuana for medical use may be cultivated or produced on preserved farmland, provided that:

1) the marijuana is cultivated or produced exclusively for medical use as regulated pursuant to P.L.2009, c.307 (C.24:6I-1 et seq.); and

b. For the purposes of this section, "preserved farmland" means land on which a development easement was conveyed to, or retained by, the State Agriculture Development Committee, a county agriculture development board, a county, a municipality, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989, c.28 (C.4:1C-38), section 1 of P.L.1999, c.180 (C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152 (C.13:8C-37 through C.13:8C-40), or any other State law enacted for farmland preservation purposes.

3. Section 6 of P.L.1983, c.31 (C.4:1C-9) is amended to read as follows:

6. Notwithstanding the provisions of any municipal or county ordinance, resolution, or regulation to the contrary, the owner or operator of a commercial farm, located in an area in which, as of December 31, 1997 or thereafter, agriculture is a permitted use under the municipal zoning ordinance and is consistent with the municipal master plan, or which commercial farm is in operation as of the effective date of P.L.1998, c.48 (C.4:1C-10.1 et al.), and the operation of which conforms to agricultural management practices recommended by the committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or whose specific operation or practice has been determined by the appropriate county board, or in a county where no county board exists, the committee, to constitute a generally accepted agricultural operation or practice, and all relevant [federal or] State statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety may:

a. Produce agricultural and horticultural crops, trees and forest products, livestock, and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping or, after the operative date of the regulations adopted pursuant to section 5 of P.L.2003, c.157 (C.4:1C-9.1), included under the corresponding classification under the North American Industry Classification System;

b. Process and package the agricultural output of the commercial farm;

c. Provide for the operation of a farm market, including the construction of building and parking areas in conformance with municipal standards;

d. Replenish soil nutrients and improve soil tilth;

e. Control pests, predators and diseases of plants and animals;

f. Clear woodlands using open burning and other techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas;

g. Conduct on-site disposal of organic agricultural wastes;

h. Conduct agriculture-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm;

i. Engage in the generation of power or heat from biomass, solar, or wind energy, provided that the energy generation is consistent with the provisions of P.L.2009, c.213 (C.4:1C-32.4 et al.), as applicable, and the rules and regulations adopted therefor and pursuant to section 3 of P.L.2009, c.213 (C.4:1C-9.2); and

j. Engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

(cf: P.L.2009, c.213, s.2)

4. Section 3 of P.L.1983, c.32 (C.4:1C-13) is amended to read as follows:

3. As used in this act:

a. "Agricultural development areas" means areas identified by a county agricultural development board pursuant to the provisions of section 11 of this act and certified by the State Agriculture Development Committee[;].

b. "Agricultural use" means the use of land for common farmsite activities, including but not limited to: production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing[;]. "Agricultural use" shall include the cultivation or production of marijuana for medical use regulated pursuant to P.L.2009, c.307 (C.24:6I-1 et seq.), provided that: 1) the marijuana is cultivated or produced exclusively for medical use as regulated pursuant to P.L.2009, c.307 (C.24:6I-1 et seq.); and 2) there is a 24-hour, seven-days-a-week manned security presence on the property where the marijuana is cultivated or produced, or another security plan, approved by the municipality in which the property is located, is implemented on the property.

c. "Board" means a county agriculture development board established pursuant to section 7 or a subregional agricultural retention board established pursuant to section 10 of this act;

d. "Committee" means the State Agriculture Development Committee established pursuant to section 4 of the "Right to Farm Act," P.L. 1983, c. 31 (C. 4:1C-4) [;].

e. "Cost," as used with respect to cost of fee simple absolute title, development easements or soil and water conservation projects, includes, in addition to the usual connotations thereof, interest or discount on bonds; cost of issuance of bonds; the cost of inspection, appraisal, legal, financial, and other professional services, estimates and advice; and the cost of organizational, administrative and other work and services, including salaries, supplies, equipment and materials necessary to administer this act;

f. "Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by the provisions of this act and any relevant rules or regulations promulgated pursuant hereto [;].

g. "Development project" means any proposed construction or capital improvement for nonagricultural purposes [;].

h. "Farmland preservation program" or "municipally approved farmland preservation program" (hereinafter referred to as municipally approved program) means any voluntary program, the duration of which is at least [8] eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981," P.L. 1981, c. 276, which has as its principal purpose the long-term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to this act and the maintenance and support of increased agricultural production as the first priority use of that land. Any municipally approved program shall be established pursuant to section 14 of this act [;].

i. "Fund" means the "Farmland Preservation Fund" created pursuant to the "Farmland Preservation Bond Act of 1981," P.L. 1981, c. 276 [;].

j. "Governing body" means, in the case of a county, the governing body of the county, and in the case of a municipality, the commission, council, board or body, by whatever name it may be known, having charge of the finances of the municipality [;].

k. "Secretary" means the Secretary of Agriculture [;].

l. "Soil and water conservation project" means any project designed for the control and prevention of soil erosion and sediment damages, the control of pollution on agricultural lands, the impoundment, storage and management of water for agricultural purposes, or the improved management of land and soils to achieve maximum agricultural productivity [;].

m. "Soil conservation district" means a governmental subdivision of this State organized in accordance with the provisions of R.S. 4:24-1 et seq. [;].

n. "Agricultural deed restrictions for farmland preservation purposes" means a statement containing the conditions of the conveyance and the terms of the restrictions set forth in P.L. 1983, c. 32 and as additionally determined by the committee on the use and the development of the land which shall be recorded with the deed in the same manner as originally recorded.

(cf: P.L.1988, c.4, s.1)

5. This act shall take effect immediately.

STATEMENT

This bill establishes the cultivation or production of marijuana for medical use as an agricultural activity and a generally accepted agricultural operation or practice protected by the "Right to Farm Act," and permits this activity on preserved farmland, provided that, in either case:

1) the marijuana is cultivated or produced exclusively for medical use as regulated pursuant to P.L.2009, c.307 (C.24:6I-1 et seq.); and

The bill specifies that no county, county agriculture development board, or municipality may prohibit or restrict the cultivation or production of marijuana for this purpose. Finally, the bill provides that no law, ordinance, resolution, or regulation enacted by any municipality, county, county agriculture development board, or the State Agriculture Development Committee that is contrary to the bill's provisions concerning the cultivation or production of marijuana for medical use may supersede the provisions of this bill.