Knowlton City Zoning Code
ARTICLE 35
1 Prohibited Uses
[Added 12-10-2018 by Ord. No. 18-10]
§ 11-283.1 Recreational marijuana facilities.
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
CANNABIS or MARIJUANA
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 Marijuana Act (N.J.S.A. 24:6I-1 et seq.).
MEDICAL MARIJUANA FACILITY
Any facility that cultivates, possesses, manufactures, distributes, processes, stores, tests, labels, packages, transports, delivers, sells or otherwise provides cannabis or cannabis products in any manner to patients or primary caregivers in accordance with CUMMA and licensed by the state or other government entity that regulates the licensing of a cannabis business.
RECREATIONAL CANNABIS ACT
The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16).[1]
[Added 8-11-2021 by Ord. No. 21-11]
RECREATIONAL MARIJUANA FACILITY
Any facility that cultivates, possesses, manufactures, distributes, processes, stores, tests, labels, packages, transports, delivers or sells cannabis and cannabis products for recreational purposes, including any ancillary or related paraphernalia that is licensed pursuant to the Recreational Cannabis Act.
[Amended 8-11-2021 by Ord. No. 21-11]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
B.
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, Medical marijuana facilities, was repealed 8-11-2021 by Ord. No. 21-11.
C.
Recreational marijuana general use restrictions. All classes of cannabis establishments (except certain medical marijuana facilities as set forth in § 11-318H) 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 which is located in another municipality), shall be prohibited in all zones of the Township of Knowlton. The operation of recreational marijuana facilities, which include all facilities and businesses licensed pursuant to the Recreational Marijuana Act, are prohibited within the Township of Knowlton and, therefore, all activities related to the above mentioned retail uses such as, but not limited to cultivation, possession, extraction, manufacturing, processing, storing, laboratory testing, labeling, transporting, delivering, dispensing, transferring and distributing are expressly prohibited within the Township of Knowlton.
[Amended 6-14-2021 by Ord. No. 21-06; 8-11-2021 by Ord. No. 21-11]
D.
Medical use of marijuana. This section shall not be construed to limit any privileges or rights of any properly licensed medical marijuana facility, qualifying patient, primary caregiver, registered or otherwise, pursuant to CUMMA.
E.
Enforcement. Violations of this section shall constitute a public nuisance and may be enforced by the Township Zoning Officer in accordance with the provisions of Chapter 127 of the Township Code or any other applicable law. However, any person who violates or neglects to comply with any provision of this section 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 section does not authorize a criminal prosecution, arrest, or penalty inconsistent with or prohibited by state law.
