Red Bank To Review Cannabis Ordinance At Special Meeting

RED BANK, NJ — The Red Bank Borough Council will hold a special meeting Monday to review and discuss its ordinance that regulates certain requirements for cannabis businesses to operate in the borough.

The meeting is at 6:30 p.m. in Council Chambers. It is also a hybrid meeting so residents can follow it on Zoom.

The discussion may include, but is not limited to, a review of borough ordinance 2021-17, which amended the cannabis regulations for the borough, according to the notice.

But new issues are coming up regarding buffer zones required for allowing cannabis sales near parks and schools, said Councilman Michael Ballard.

Right now, he said, there is 1,000-foot buffer requirement under the ordinance, and that may no longer be practical for legal cannabis sales and may require amendment.

Ballard said the council needs a discussion on these issues. There is public comment on the agenda for the meeting, but no other action items are on the agenda.

In 2021, after voters in 2020 approved adult or recreational use of marijuana, the Red Bank Council unanimously passed an ordinance allowing for cannabis businesses to operate in town, under strict restrictions.

The decision then was to "balance the creation of jobs and economic opportunity within the borough with public safety and the best interests of borough residents," the ordinance reads.

Restrictions for retailers include not being able to have any cannabis plants, products or paraphernalia visible from the windows, not being able to operate outside of the timeframe of 8 a.m. to 10 p.m. and having to provide a detailed security plan that has to be approved by the police department.

There are also zoning and other restrictions applied to any cannabis business, including, cultivators, delivery services, distributors, manufacturers and wholesalers.

According to the League of Municipalities fact sheet, under state law, if a municipality did not enact an ordinance banning one or more classes of cannabis businesses (which Red Bank did not), then cannabis businesses were automatically be permitted to operate in the following areas for the next 5 years:

• A cultivator, manufacturer, wholesaler, distributor, or delivery service shall be permitted uses in all industrial zones of the municipality.
• A retailer shall be a conditional use in all commercial zones or retail zones, though they must still meet any applicable zoning ordinance or get a variance in accordance with the Municipal Land Use Law.