[HISTORY: Adopted by the Mayor and Council of the Borough
of East Rutherford 9-16-2014 by Ord. No. 2014-17. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 389.
A.
The State of New Jersey has determined that there exists a beneficial
use for marijuana in treating or alleviating the pain or other symptoms
associated with certain debilitating medical conditions and therefore
has adopted the New Jersey Compassionate Use Medical Marijuana Act,
N.J.S.A. 24:61-1 et seq. (the "State Medical Marijuana Law"), which
permits the production and dispensing of marijuana for medical purposes
at "alternative treatment centers."
B.
The regulations adopted pursuant to the State Medical Marijuana Act
by the Department of Health and Senior Services, specifically N.J.A.C.
8:64-6.2(a)4, require that the Department of Health and Senior Services
evaluate applications for alternative treatment centers by a number
of criteria, including "community support and participation."
C.
The regulations adopted pursuant to the State Medical Marijuana Law
by the Department of Health and Senior Services, specifically N.J.A.C.
8:64-7.9(b), recognize that political subdivisions of New Jersey,
including municipalities such as East Rutherford, have the authority
to limit the number of alternative treatment centers that may operate
in the municipality and may enact reasonable local ordinances applicable
to alternative treatment centers.
D.
Notwithstanding the State Medical Marijuana Law, marijuana continues
to be a controlled dangerous substance and therefore must be carefully
controlled to avoid abuses.
E.
Therefore, through this chapter, the Borough exercises its authority
under N.J.A.C. 8:64-7.9(b) to enact this chapter regulating alternative
treatment centers.
Notwithstanding anything to the contrary, not more than one
alternative treatment center may be located within the Borough of
East Rutherford.
No alternative treatment center shall operate within the Borough
of East Rutherford unless such center shall satisfy each of the following
criteria:
A proposed alternative treatment center which does not satisfy the requirements of § 96-3 above shall be deemed to lack the community support of East Rutherford as required by N.J.A.C. 8:64-6.2(a)4.
A.
Any person or entity convicted of violating any provision of this
chapter shall be sentenced to a term of imprisonment in the county
jail for a term not to exceed 90 days or be fined not less than $100
nor more than $2,500 for each offense. Each day in which such violation
continues shall be deemed a separate offense.
B.
Any person or entity convicted of violating any provision of this
chapter within one year of the date of a previous conviction for violating
this chapter shall be sentenced by the court as a repeat offender.
The additional fine shall not be less than the minimum fine and shall
not exceed the maximum fee fixed for a violation of this chapter.
The additional fine shall be calculated separately from the fine imposed
for violating this chapter.