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.
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.
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.
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.
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.
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.
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.