[HISTORY: Adopted by the Township Committee of the Township
of Freehold 5-25-2021 by Ord. No. O-21-12. Amendments noted where applicable.]
The purpose of this chapter is the prohibition of the consumption
of cannabis items within the Township of Freehold to the extent possible
pursuant to P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act."
As used in this chapter, the following terms shall have the
meanings indicated:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16 for use in cannabis products as set forth in this act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include: medical cannabis dispensed to
registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as
defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in
Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or
P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined
in Section 2 of P.L. 1970, c. 226 (N.J.S.A 24:21-2) and applied to
any offense set forth in the New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6
et seq.).
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. "Cannabis item" does not include: any
form of medical cannabis dispensed to registered qualifying patients
pursuant to the Jake Honig Compassionate Use Medical Cannabis Act,
P.L. 2009, c. 307 (N.J.S.A. 24:61-1 et seq.) and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et seq.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
A.
No person
under the legal age may, without legal authority, knowingly possess
or knowingly consume, other than by smoking, vaping, or aerosolizing,
any cannabis item on private property.
B.
Any adult
under the legal age to purchase cannabis items found to be in violation
of this section shall be subject to the following penalties:
(1)
If
the cannabis item possessed is an amount which may be lawfully possessed
by a person of the legal age to purchase cannabis items pursuant to
Section 46 of P.L. 2021, c. 16 (N.J.S.A. 2C:35-10a): for a first offense,
a civil penalty of $ 100; for a second offense, a civil penalty of
$200; and for a third or subsequent offense, a fine of $350.
(2)
If
the cannabis item possessed is an amount that exceeds what may be
lawfully possessed by a person of the legal age to purchase cannabis
items pursuant to Section 46 of P.L. 2021, c. 16 (N.J.S.A. 2C:35-10a),
or if any cannabis item is consumed: for a first offense, a fine of
$250; and for a second or subsequent offense, a fine of 350.
A.
No person
21 years of age or older may consume, other than by smoking, vaping,
or aerosolizing, any cannabis item in a public place, including any
indoor public place as that term is defined in Section 3 of P.L. 2005,
c. 383 (N.J.S.A. 26:3D-57), or portion thereof.
B.
Any person
found to be in violation of this section shall be subject to a civil
penalty of up to $200.
