Borough of Bradley Beach, NJ Chapter 112 Cannabis

[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach by 5-11-2021 by Ord. No. 2021-12. Amendments noted where applicable.]

§ 112-1 Cannabis businesses prohibited.

A. Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in Borough of Bradley Beach, except for the delivery of cannabis items and related supplies by a delivery service.

B. Pursuant to Borough Code § 450-10A(39), the operation of cannabis cultivators, cannabis distributers, cannabis manufacturers, cannabis wholesalers, cannabis retailers, medical cannabis alternative treatment centers, medical cannabis cultivators, medical cannabis dispensaries, and medical cannabis manufacturers are prohibited uses in all zones within the Borough of Bradley Beach.

§ 112-2 Public consumption of cannabis prohibited.

A. It shall be unlawful for any person to consume a cannabis item available for lawful consumption pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act in any public place as defined in said Act, including any public street, highway, avenue, alley or road of the Borough, or upon any public grounds, parks, sidewalks, beaches, beachfronts, or boardwalks within the Borough, other than school property for which unlawful consumption is a disorderly persons offense, or when not prohibited by the owner or person responsible for the operation of that public place.

B. Any person violating this § 112-2 shall be subject to a civil penalty of up to $200, which shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to the Penalty Enforcement Law of 1999.[1] The Municipal Court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.

[1] Editor's Note: See N.J.S.A. 2A:58-10 et seq.

§ 112-3 Possession or consumption by underaged persons on private property.

A. It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes a cannabis item on private property.

B. Any person violating this § 112-3, in the case of an adult under the legal age to purchase cannabis items, shall be punished as follows:

(1) If the cannabis item possessed is an amount which may be lawfully possessed by a person of the legal age to purchase cannabis items pursuant to N.J.S.A. 2C:35-10a: for a first offense, a civil penalty of $100; for a second offense, a civil penalty of $200; and for a third or subsequent offense, a fine of $350. The civil penalties provided for in this section shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to the Penalty Enforcement Law of 1999.[1] The Municipal Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.

[1] Editor's Note: See N.J.S.A. 2A:58-10 et seq.

(2) If the cannabis item possessed is an amount that exceeds what may be lawfully possessed by a person of the legal age to purchase cannabis items pursuant to N.J.S.A. 2C:35-10a, or if any cannabis item is consumed: for a first offense, a fine of $250; and for a second or subsequent offense, a fine of $350.