[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne 7-7-2021 by Ord. No. 2276-21. Amendments noted where applicable.]
The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the "Act"), which legalizes the recreational use of marijuana by adults 21 years of age or older, and establishes a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession, at Section 31b of the Act, authorizes municipalities by ordinance to prohibit the operation of any one or more classes of cannabis establishments, distributors, or delivery services anywhere in the municipality. The Municipal Council of the Borough of Hawthorne, based upon uncertainty in the development of regulations and implementation of the terms of said law, has determined it advisable, at this time, to prohibit operation of any class of cannabis business in the Borough of Hawthorne as provided for in the Act.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services, as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service, is hereby prohibited anywhere within the borders of the Borough of Hawthorne. No agency operating within the borders of the Borough of Hawthorne shall have the right to operate any such business, and no board or body of the Borough of Hawthorne shall have the authority to grant permission to any such business to operate a cannabis business in the Borough of Hawthorne.
The provisions of this chapter shall be enforceable by any law enforcement officer in the Borough of Hawthorne as well as the Land Use Officer or Zoning Official to the extent any use of property is made in furtherance of any prohibited business operation. Any person violating any provision of this chapter shall, upon conviction, in addition to any other penalty or remedy authorized, be subject to payment of a fine not to exceed $2,000 for each offense, which may be deemed a recurring offense, or imprisonment of a term not to exceed 90 days or the requirement to perform community service for not more than 90 days, or any combination thereof.