[HISTORY: Adopted by the Township Committee
of the Township of Lacey 9-10-2020 by Ord. No. 2020-14. Amendments noted
where applicable.]
As used in this section, the following terms have the meanings
indicated:
- MARIJUANA
- All parts of the plant Genus Cannabis L., whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant; but shall not include the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
- MARIJUANA ESTABLISHMENT
- A marijuana testing facility, a marijuana product manufacturing facility, or a marijuana retailer.
- MARIJUANA PARAPHERNALIA
- Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
- MARIJUANA PRODUCT MANUFACTURING FACILITY
- An entity licensed to purchase marijuana; manufacture, prepare, and package marijuana items; and sell items to other marijuana product manufacturing facilities and to marijuana retailers, but not to consumers.
- MARIJUANA RETAILER
- An entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana items from marijuana product manufacturing facilities or marijuana wholesalers and to sell marijuana and marijuana products to consumers.
- MARIJUANA TESTING FACILITY
- An independent, third-party entity meeting accreditation requirements established by the Division that is licensed to analyze and certify the safety and potency of marijuana items.
A.
The sale, resale, purchase, acquisition, distribution and dispensation
of marijuana and marijuana paraphernalia are prohibited in the Township
of Lacey, notwithstanding any nonpreemptive federal or state law to
the contrary.
B.
Marijuana
product manufacturing facilities, marijuana testing facilities, marijuana
retailers, and marijuana establishments are prohibited in the Township
of Lacey, notwithstanding any nonpreemptive state or federal law to
the contrary.
The prohibitions imposed pursuant to this chapter do not apply
to the "medical use of marijuana" by qualifying patients pursuant
to the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A.
24:61-1 et seq. (hereinafter "Act"), and regulations promulgated thereunder,
nor shall the prohibitions imposed pursuant to this chapter apply
to "medical marijuana/cannabis dispensaries" permitted in accordance
with the Act and in accordance with the zoning regulations of the
Township.
A.
The Police Department, Code Enforcement, and the Zoning Officer.
as applicable, are charged with enforcing this chapter.
B.
Any person or entity violating this chapter shall be subject to the
maximum fines and penalties established under N.J.S.A. 40:49-5 and
any subsequent amendments to the statute.
If any provision of this chapter is invalidated, preempted,
or superseded by any state or federal law, regulation, or judicial
decision, that provision shall be severed, and the remainder of the
chapter shall remain in full force and effect.
