Bergenfield, NJ Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Prohibited
- Class 3 wholesaler, 4 distributor, 5 retailer
- Allowed exception
- licensed cannabis delivery service
- Legal basis
- Section 31b opt-out, N.J.S.A. 24:6I-1
- First adopted
- 2018 by Ordinance No. 18-2535
- Last amended
- 2022 by Ordinance No. 22-2591
Summary
Bergenfield prohibits Class 3 cannabis wholesalers, Class 4 distributors and Class 5 retailers from operating anywhere in the Borough under Land Development Ordinance § 186-41B, an opt-out of most licensed cannabis business types that leaves only licensed cannabis delivery services allowed to serve Borough addresses.
Pursuant to Section 31b of the Act, Class 3 cannabis wholesaler license, Class 4 cannabis distributor license, and Class 5 cannabis retailer license, as those terms are defined in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-1 et seq., and implementing regulations set fort at N.J.A.C. 17:30 et seq., are hereby prohibited from operating anywhere in the Borough, except for the delivery of cannabis items and related supplies by a delivery services.
Full Breakdown
A. C. 17:30. The prohibition is borough-wide, meaning there is no zone in Bergenfield, whether B-1 Retail Business, B-2 Business and Professional, M Light Industrial, or any residential district, where a licensed cannabis retail store, wholesale operation or distribution facility may locate. The ordinance carves out a single, narrow exception: delivery of cannabis items and related supplies by a licensed cannabis delivery service remains permitted, so Bergenfield residents may still receive cannabis products delivered from a licensed operation based elsewhere, even though no such business may open a storefront or facility inside Borough limits.
The provision was first added in 2018 by Ordinance No. 18-2535 and has been amended twice since, in 2021 and again in 2022, reflecting the Borough Council's continued position as the statewide licensing framework evolved. Because the ban sits inside the Land Development Ordinance's list of prohibited uses in § 186-41, any application to open a cannabis retail store, wholesaler or distribution facility would be treated as a prohibited use application and denied outright rather than routed through a use variance.
Violations & Fines
Operating a Class 3, 4 or 5 cannabis business anywhere in Bergenfield is a prohibited use under § 186-41, and an applicant seeking a zoning or construction permit for such a use is refused administratively rather than granted with conditions; because the use is barred outright rather than merely restricted, it cannot be approved even through a use variance from the Zoning Board of Adjustment.
Frequently Asked Questions
Can a cannabis dispensary open in Bergenfield?
Can I still get cannabis delivered to my home in Bergenfield?
Why did Bergenfield ban most cannabis businesses?
Sources & Official References
Other rules in Bergenfield
Compare Bergenfield to another location·View the New Jersey cannabis regulations overview
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