[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 7-13-2021 by Ord. No. 4703-21. Amendment noted where applicable.]
A.
At the November 2020 general election, New Jersey voters approved
Public Question No. 1, which amended the State Constitution to permit
the legalization of a controlled form of marijuana, called "cannabis,"
for recreational use by adults 21 years of age and over.
B.
On February 22, 2021, the Governor signed into law P.L. 2021, c.
16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act" (the "Act"),[1] which legalizes the recreational use of marijuana by adults
21 years of age an older and establishes a comprehensive regulatory
and licensing scheme for commercial recreational (adult use) cannabis
operations, use and possession.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
C.
The Act establishes six marketplace classes of licenses businesses,
including: 1) Class 1 cannabis cultivator license, for facilities
involved in growing and cultivating cannabis; 2) Class 2 cannabis
manufacturer license, for facilities involved in the manufacturing,
preparation, and packaging of cannabis items; 3) Class 3 cannabis
wholesaler license, for facilities involved in obtaining and selling
cannabis items for later resale by other licensees; 4) Class 4 cannabis distributor
license, for businesses involved in transporting cannabis plants in
bulk from on licensed cultivator to another licensed cultivator, or
cannabis items in bulk from any type of licensed cannabis business
to another; 5) Class 5 cannabis retailer license for locations at
which cannabis items and related supplies are sold to consumers; and
6) Class 6 cannabis delivery license, for businesses providing courier
services for consumer purchases that are fulfilled by a licensed cannabis
retailer in order to make deliveries of the purchases items to a consumer,
and which service would include the ability of a consumer to make
a purchase directly through the cannabis delivery service which would
be presented by the delivery service for fulfillment by a retailer
and then delivered to a consumer.
D.
The Act authorizes municipalities by ordinance to adopt regulations
governing the number of cannabis establishments (defined in Section
3 of the Act[2] as "a cannabis cultivator, a cannabis manufacturer, a
cannabis wholesaler, or a cannabis retailer"), cannabis distributors
or cannabis delivery services allowed to operate within their boundaries,
as well as the location manner and times operation of such establishments,
distributors or delivery services, and to establish civil penalties
for the violation of any such regulations.
[2]
Editor's Note: See N.J.S.A. 24:6I-33.
E.
The Act further authorizes municipalities by ordinance to prohibit
the operation of any one or more classes of cannabis establishments,
distributors, or delivery services throughout the municipality.
F.
Any such prohibitions or regulations must be enacted no later than
180 days from the Act's effective date, otherwise the growing,
cultivating, manufacturing, selling, and reselling of cannabis and
cannabis items automatically default to the status of permitted uses
in all industrial zones, and the retail selling of cannabis items
to consumers automatically defaults to the status of a conditional
use in all commercial and retail zones, for a five-year period, during
which they are immune from municipal action.
G.
At the expiration of the initial and any subsequent five-year period
following a failure to enact local regulations or prohibitions, the
municipality's power to do so is restored, but must be exercised
within 180 of the expiration of the statutory five-year grace period,
and any such ordinance would be prospective only and would not apply
to any cannabis business already operating within the municipality.
H.
The Mayor and Township Council have determined that, due to the uncertainty
surrounding the potential future impacts of allowing one or more classes
of cannabis business to operate in Toms River, it is at this time
necessary and appropriate, and in the best interest of the health,
safety and welfare of the Township's residents and members of
the public who visit, travel, or conduct business in Toms River, to
impose a blanket prohibition against all classes of cannabis establishments,
cannabis distributors, and cannabis delivery services, as those enterprises
are defined in P.L. 2021, c. 16, Section 3, within the geographic
boundaries of Toms River.
I.
Such sweeping action is necessary due to the complexity and novelty
of the Act; the many areas of municipal law that are or may be implicated
in decisions as to whether or to what extent cannabis or medical cannabis
should be permitted or otherwise regulated in the Township; the relatively
short duration in which the Act would allow such decisions to be made
before automatically imposing such uses in specified zoning districts
subject to unspecified conditions; and to ensure sufficient time to
carefully review all aspects of the Act and its potential impacts.
The terms "cannabis," "cannabis establishments," "cannabis distributors,"
and "cannabis delivery services" are defined as set forth in P.L.
2021, c. 16, Section 3.[1]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
A.
Pursuant to P.L. 2021, c. 16, Section 31b,[1] all classes of cannabis establishments, cannabis distributors,
or cannabis delivery services are prohibited from establishing or
operating throughout the Township of Toms River, including, to the
extent applicable, any part of the Township currently within or that
subsequently falls under the jurisdiction of any independent state
authority, commission, agency, or instrumentality of the State of
New Jersey, notwithstanding any law to the contrary.
[1]
Editor's Note: See N.J.S.A. 24:6I-45b.
If any provision of this chapter is subsequently superseded,
invalidated, or preempted by any federal or state law, regulation,
or judicial decision, then that provision shall be severed and the
remainder shall continue in full force and effect.
A.
The establishment or operation of a cannabis establishment, cannabis
distributor, or cannabis delivery service in the Township of Toms
River constitutes a violation of this chapter, subject to the fines
and penalties imposed herein.
B.
Any person or entity that establishes or operates a cannabis establishment,
cannabis distributor, or cannabis delivery service in the Township
of Toms River in violation of this chapter is subject to the maximum
fines and penalties provided under N.J.S.A. 40:49-5 and N.J.S.A. 40:69A-29,
and any subsequent amendments to those statutes.
C.
Each day a cannabis establishment, cannabis distributor, or cannabis
delivery service remains or established or continues to operate in
violation of this chapter constitutes a separate violation, subject
to cumulative fines and penalties.
