Brick's Cannabis Store Ordinance: What It Would Allow, and How to Speak at the Oct. 27 Hearing

On Tuesday, Oct. 27, the Brick Township Council is scheduled to hold a public hearing and final vote on an ordinance that would allow one licensed cannabis store in town. Before residents weigh in, one question matters most: what exactly would this ordinance allow, where, and under what rules?

Everything below about the ordinance's rules comes from the ordinance text itself, published in the township's Oct. 27 council press package (PDF). Section numbers are included so you can check them.

Where things stand: introduced, not law

The ordinance was introduced and passed on first reading on Oct. 13, according to its own public notice. Star News Group reported the vote was 6-1, with Councilman Gregory Cohen voting no. The Planning Board reviewed the zoning portions on Oct. 14 and found them consistent with the township's Master Plan; that resolution is included in the press package.

It is not adopted yet. Second reading, the public hearing, and the final vote are item 7.2 on the Oct. 27 agenda. If it passes, the ordinance says it takes effect "after second reading and publication as required by law." Even then, no store would open right away. An operator would need a state Class 5 retail license from the New Jersey Cannabis Regulatory Commission, the township's municipal license, and conditional-use and site-plan approval (§ 245-298.4 R and S, § 140-1 B and C).

What it would allow, and what stays banned

The ordinance allows no more than one municipal license for one adult-use Class 5 cannabis retailer at one location (§ 140-1 C). It covers adult-use sales to people 21 and older only; it does not authorize a medical dispensary or alternative treatment center (§ 140-1 E).

Every other kind of cannabis business, including cultivation, manufacturing, wholesale, distribution, and delivery services operating out of Brick, would remain prohibited (§ 245-25.1 A and C). Cannabis consumption areas, sometimes called lounges, would be banned townwide (§ 245-3, § 245-298.4 J). The ordinance also notes that it cannot block state-authorized delivery of cannabis to consumers in Brick, which matches the state's own guidance for municipalities.

Star News reports Brick banned these businesses in 2019 and kept the ban in 2021 after state legalization. The state confirms towns that opted out can opt back in at any time.

Where a store could go

A store would be a conditional use allowed only in the B-3 Highway Development Zone or the H-S Hospital Support Zone (§ 245-298.4 A). Within those zones, the ordinance adds distance and road rules, measured in a straight line from property line to property line (§ 245-298.4 B to E):

• At least 300 feet from any residential zone boundary or any lot with a house of worship.
• At least 1,000 feet from any public, private, parochial or charter school (pre-K through 12) or state-licensed child-care center.
• Frontage on a road the state classifies as a Major Collector, Minor Arterial or Other Principal Arterial, with every driveway connecting only to a Minor Arterial or Other Principal Arterial, never to a minor collector or local street.

The rules a store would have to follow

• Hours: customers only from 9 a.m. to 9 p.m. daily (§ 245-298.4 I).
• No on-site use: no consuming cannabis in the building or in vehicles on the property, and no opening packages there (§ 140-2).
• Age: no one under 21 in any area where cannabis is displayed, sold or stored (§ 140-3).
• No alcohol or tobacco sales, and no on-site eating, drinking or smoking by customers (§ 140-4 A and B).
• Site rules: drive-through only for pre-ordered pickup, if approved; customer lines kept indoors; no outdoor displays; odors not detectable beyond the lot line or in neighboring tenant spaces; one parking space per 200 square feet (§ 245-298.4 F, L, M, N, P).
• Security: cameras covering parking, loading, entrances, public areas and storage, with recordings kept at least 40 days and given to police on request; one licensed armed guard during business hours, paid by the store; a fixed safe approved by police and the Construction Official; and an alarm monitored around the clock (§ 140-4 D).

Violations could bring license suspension or revocation after a council hearing, and fines up to $2,000, up to 90 days in jail or community service, with each day counting as a separate offense (§ 140-6, § 140-7).

Fees, the 2% tax, and where the money goes

The municipal license would cost $10,000 at first and $5,000 a year after that (§ 140-1 D). Sales would carry a 2% local cannabis transfer tax on top of state sales tax (§ 140-5 A), the maximum the state allows a town to levy. License fees and tax revenue would go into a dedicated account "used to reduce the amount to be raised by taxation" (§ 140-5 B).

How much that would raise is an estimate, not a figure in the ordinance. Council Vice President Derrick Ambrosino said the township anticipates "upwards of $200,000 per year," according to Star News. Cohen, who said he opposes the ordinance on public-safety grounds and because of federal law, argued the property-tax relief would be small; he used a hypothetical $1 million in revenue to illustrate about $28.58 per household. Councilwoman Lisa Reina, who voted to introduce it, said she pushed for the armed-guard requirement, a larger residential buffer and the tax-reduction language, and said she would have preferred to put the question to voters.

How to be heard on Oct. 27

The meeting is Tuesday, Oct. 27, at 7 p.m. at the Municipal Building, 401 Chambers Bridge Road. Anyone who wants to be heard on the ordinance gets the chance, and the agenda limits each speaker to five minutes. Read the full text first on the township's council agendas page; other official township links are on our resources page.

Team Brick has not taken a position on this ordinance. Our test for every township decision is the same: is this good for the people of Brick? Residents answer that best when they know what is actually on the table, and Tuesday is the night to say what you think before the council votes. We will update this article with the result.