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Passaic, NJ Cannabis Regulations: Dispensary Zoning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Where permitted
M-1 and M-2 industrial zones only
Use classification
Conditional use, not by-right
School/park/facility buffer
1,000 feet, measured along street
License required
Chapter 232 cannabis business permit
Review body
Planning Board or Zoning Board of Adjustment
Added
Ord. No. 2296-21, 5-13-2021

Summary

Passaic confines licensed cannabis businesses to its M-1 and M-2 industrial zones, where they are a conditional use under Code of the City of Passaic § 317-23E. A cannabis business must hold a Chapter 232 permit and stay 1,000 feet from any school, park, athletic field or public facility, measured along the street.

Cannabis business. Must be a licensed "cannabis business" under Chapter 232 of the City Code, and all conditions/requirements of Chapter 232 must be met. No part of the lot shall be situated within 1,000 feet, measured along the street or highway on which located, of a public facility, park or athletic field and/or public or private school. May also be located in any preexisting industrial use within 1,000 feet (measured along the street or highway) of an M-1 or M-2 Zone.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).

Full Breakdown

Under § 317-23E, added by Ord. No. 2296-21 in 2021, a cannabis business is listed as a conditional use in the M-1 and M-2 Zones only, Passaic's industrial districts. Two conditions govern siting: the operator must first hold a licensed "cannabis business" permit under Chapter 232 of the City Code and meet every condition and requirement in that chapter, and no part of the lot may sit within 1,000 feet, measured along the street or highway on which it is located, of a public facility, park, athletic field, or public or private school.

The section adds a carve-out for existing buildings: a cannabis business may also locate in any preexisting industrial use within 1,000 feet, again measured along the street, of an M-1 or M-2 Zone, letting an existing industrial building just outside the mapped zone qualify without a rezoning. Because it is a conditional use rather than a by-right one, every application goes to the Planning Board or Zoning Board of Adjustment for site plan review under Chapter 29, Land Development Procedures, not an administrative sign-off. This zoning track covers Chapter 232's licensed classes, cultivator, manufacturer, wholesaler, distributor and delivery, but Passaic's cannabis ordinance separately states its intent "to prohibit cannabis dispensaries," so retail siting is a different question addressed under Chapter 232 rather than the M-1/M-2 conditional-use list.

Applicants who clear the buffer and zone tests must still obtain the Chapter 232 business permit, a City business license under § 232-16, and Zoning Department certification under § 232-18 before opening, so the zoning approval is only one gate in a multi-step process.

Violations & Fines

A cannabis business operating outside the M-1/M-2 Zones, inside the 1,000-foot buffer, or without the required Chapter 232 permit is in violation of the zoning ordinance and subject to the City's general penalty under § 1-3: a fine up to $2,000, imprisonment up to 90 days, or up to 90 days of community service, with each day of continued violation a separate offense. A cannabis business permit can also be suspended or revoked by the City Council under § 232-14 for violating chapter terms.

Frequently Asked Questions

Can a cannabis cultivator or manufacturer open in downtown Passaic?
No. § 317-23E limits cannabis businesses to the M-1 and M-2 industrial zones as a conditional use. A downtown commercial or residential zone is not eligible regardless of the license type held.
How close can a cannabis business be to a school in Passaic?
No part of the lot may be within 1,000 feet, measured along the street or highway on which it is located, of a public facility, park, athletic field, or public or private school, per § 317-23E(2).
Does zoning approval alone let a cannabis business open?
No. Site plan approval under § 317-23E is one step; the operator still needs a Chapter 232 cannabis business permit, a City business license under § 232-16, and Zoning Department certification under § 232-18 before commencing operations.

Sources & Official References

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Dispensary Zoning in Nearby Cities

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Significant Restrictions