Document Text
--- Document: 1145 Cannabis Ordinance (Barrington); Document ---
ORDINANCE NO. 1145
ORDINANCE OF THE BOROUGH OF BARRINGTON, COUNTY OF CAMDEN AND STATE
OF NEW JERSEY PERMITTING THE OPERATION OF CLASS 5 CANNABIS BUSINESSES
AND PROHIBITING THE OPERATION OF ALL OTHER CLASSES OF CANNABIS
BUSINESSES WITHIN THE BOROUGH OF BARRINGTON
WHEREAS, in 2020 New Jersey voters approved Public Question No. 1, which amended the
New Jersey Constitution to allow for the legalization of a controlled form of marijuana called
"cannabis" for adults at least 21 years of age; and
WHEREAS, on February 22, 2021, Governor Murphy signed into law P.L. 2021, c. 16,
known as 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; and
WHEREAS, the Act establishes six marketplace classes of licensed businesses, including:
•
Class 1:
Cannabis Cultivator license, for facilities involved in growing and
cultivating cannabis;
•
Class 2:
Cannabis Manufacturer license, for facilities involved in the
manufacturing, preparation, and packaging of cannabis items;
•
Class 3:
Cannabis Wholesaler license, for facilities involved in obtaining and
selling cannabis items for later resale by other licensees;
•
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;
•
Class 5:
Cannabis Retailer license for locations at which cannabis items and
related supplies are sold to consumers; and
•
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.
WHEREAS, Section 3l(a) of the Act authorizes municipalities by ordinance to adopt
regulations governing the number of cannabis establishments (defined in section 3 of the Act 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 establishing civil penalties for the violation of any such regulations; and
WHEREAS, Section 3l(b) 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; and
WHEREAS, Section 31(b) of the Act also stipulates, however, that any municipal regulation
or prohibition must be adopted within 180 days of the effective date of the Act (i.e., by August 22,
2021); and
WHEREAS, pursuant to Section 31(b) of the Act, the failure to do so shall mean that for a
period of five years thereafter, the growing, cultivating, manufacturing, selling and reselling of
cannabis and cannabis items shall be permitted uses in all industrial zones, and the retail selling of
cannabis items to consumers shall be a conditional use in all commercial and retail zones; and
WHEREAS, at the conclusion of the initial and any subsequent five-year period following a
failure to enact local regulations or prohibitions, the municipality shall again have 180 days to adopt
an ordinance regulating or prohibiting cannabis businesses, but any such ordinance would be
prospective only and would not apply to any cannabis business already operating within the
municipality; and
NOW THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of
Barrington, as follows:
1.
Pursuant to Section 31(b) of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P .L. 2021, c. 16), cannabis retail establishments referred
to as Class 5 businesses in the statute, subject to the provisions of Chapter 125 of the Code of the Borough
of Barrington, are permitted to operate in the Borough of Barrington; and
2.
Pursuant to Section 31(b) of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P .L. 2021, c. 16), cannabis establishments, cannabis
distributors or cannabis delivery services referred to as Class 1, Class 2, Class 3, Class 4 and Class 6
businesses in the statute, are hereby prohibited from operating anywhere in the Borough of Barrington,
except for the delivery of cannabis items and related supplies by a delivery service.
3.
Chapter 128, Zoning, of the Code of the Borough of Barrington is hereby
amended by adding to the list of prohibited uses, the following: "All classes of cannabis
establishments, cannabis distributors or cannabis delivery services referred to as Class 1, Class
2, Class 3, Class 4 and Class 6 businesses in the statute, 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."
4.
Any article, section, paragraph, subsection, clause, or other provision of the
Code of the Borough of Barrington inconsistent with the provisions of this ordinance is hereby
repealed to the extent of such inconsistency.
5.
If any section, paragraph, subsection, clause, or provision of this ordinance shall be
adjudged by a court of competent jurisdiction to be invalid, such adjudication shall apply only to the
section, paragraph, subsection, clause, or provision so adjudged, and the remainder of this
ordinance shall be deemed valid and effective.
6.
This ordinance shall take effect upon its passage and publication, and as otherwise
provided for by law.
BOROUGH OF BARRINGTON
Introduced: June 10, 2021
Adopted:
July 13, 2021