[HISTORY: Adopted by the Township Committee of the Township
of Boonton 6-10-2019 by Ord. No. 877. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
- CANNABIS or CANNABIS
- Shall refer to all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
- CUMMA
- The Compassionate Use of Medical Cannabis Act (N.J.S.A. 24:61-1 et seq.).
- RECREATIONAL CANNABIS FACILITY
- Any facility that cultivates, possesses, manufactures, distributes, processes, stores, tests, labels, packages, transports, delivers or sells cannabis and cannabis products for nonmedical or recreational purposes, including any ancillary or related paraphernalia that is not permitted pursuant to CUMMA.
A.
Recreational cannabis facilities are prohibited in all zoning districts.
B.
Sunset clause. The prohibition of the sale, distribution, and cultivation
of recreational cannabis shall sunset immediately upon the enactment
of any legislation or a decision of a court of competent jurisdiction
directly contrary to this chapter. In such event, the provisions regulating
the time, place, and manner of the sale, distribution, and cultivation
shall be addressed by future legislative action of this governing
body, including enacting a new ordinance, if they so desire, prohibiting
the sale, distribution, and cultivation of recreational cannabis.
Violations of this chapter shall constitute a public nuisance and may be enforced by the Township Zoning Officer in accordance with the provisions of Chapter 102 of the Township Code or any other applicable law. However, any person who violates or neglects to comply with any provision of this chapter or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than $1,000 for each day of the violation. Notwithstanding the above, this chapter does not authorize a criminal prosecution, arrest, or penalty inconsistent with or prohibited by state law.
