Cannabis is Legal and Has Limits in Rahway, NJ

Updated: Jun 23, 2021

RAHWAY - The city is looking to amend its zoning ordinance to allow five of the six marketplace classes of cannabis business licenses now that recreational marijuana is legal in New Jersey for those at least 21.

Under an ordinance scheduled to be introduced during Monday's 7 p.m. City Council meeting, cannabis cultivation, manufacturing, wholesaling, distribution and delivery will be conditionally permitted only in the light industrial and heavy industrial zones.

The ordinance calls for retail marijuana businesses to be prohibited in all zones.

Under the ordinance, the number of cannabis-oriented businesses would be limited to two for each class type, including both medical and personal use. A marijuana business offering medical and personal cannabis will count as one toward the maximum number of each class type.

The ordinance prohibits on-site consumption of marijuana and marijuana derived products including smoking, ingesting edibles, or applying topical applications, or any other means of ingestion in all cannabis businesses.

The ordinance regulates signage limited to the name of the business and prohibits any illustrations, pictures or other imagery. Window signs and advertisements also would be prohibited. The cultivation, manufacturing, wholesale, distribution and delivery marijuana businesses in light and heavy industrial zones are permitted to have one sign not to exceed 10% of the front facade area.

Cannabis businesses would be prohibited to be adjacent to a residential use or zone with a shared side property line. The businesses also will be prohibited in locations that require people to pass through a business selling alcohol or tobacco or a private resident. No cannabis business shall be permitted to operate as a home occupation or a live/work unit, the ordinance states.

Under the ordinance the hours of delivery and shipping/distribution for cultivation, manufacturing, wholesaling, and distribution uses will be limited to 8 a.m. to 8 p.m. with the exception of on-site security.

Cannabis facilities will be required to have an air treatment system to mitigate

cannabis-related odors so any odors from inside the facility are not detectible outside. The ventilation system must be approved by the city health department.

All cannabis businesses in the city will be required to submit a security plan to the police department and use a video recording system in all areas of the buildings and outside all entrances and exits. The cameras will need to record operations 24 hours a day, 7 days a week with the recording saved for at least 30 days, according to the ordinance.

The ordinance also calls for a cannabis transfer tax fixed at 2 percent on all sales or transfers of cannabis products from any of the cannabis establishments in the city.

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