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Perth Amboy, NJ Cannabis Regulations: Dispensary Zoning (2026)

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

Key Facts

Scope of ban
All classes of cannabis establishments, distributors and delivery services
Where prohibited
All of the City's zoning districts
Exception
Delivery of cannabis items and supplies by a delivery service
Adopted
Ord. No. 1982-2021 (7-14-2021), amended by Ord. No. 1983-2021 (8-11-2021)
Penalty
Fine up to $1,000 or 30 days, each day separate

Summary

Section 430-10E of the Perth Amboy zoning chapter prohibits all classes of cannabis establishments, cannabis distributors and cannabis delivery services in every zoning district of the City of Perth Amboy, New Jersey. The one carve-out is delivery: the ban does not reach delivery of cannabis items and related supplies by a delivery service.

E. All classes of cannabis establishments, cannabis distributors, or cannabis delivery services (as said terms are defined in Section 3 of P.L. 2021, c. 16) are prohibited uses in all of the City's zoning districts, but not the delivery of cannabis items and related supplies by a delivery service. ... F. Only those uses specifically identified as a permitted principal use, permitted accessory use, conditional use, permitted sign or other permitted use shall be permitted. All other uses are prohibited.

Full Breakdown

Section 430-10 of the Perth Amboy zoning chapter sets the effect of the zoning districts, and subsection E, added by Ordinance No. 1982-2021 on 7-14-2021 and amended by Ordinance No. 1983-2021 on 8-11-2021, deals with cannabis. It names all classes of cannabis establishments, cannabis distributors, and cannabis delivery services, using the terms as defined in Section 3 of P.L. 2021, c. 16, and makes each of them a prohibited use in all of the City's zoning districts. So there is no district in the City of Perth Amboy, whether residential, commercial, industrial or waterfront, where a dispensary, cultivator, manufacturer, wholesaler or distributor can be sited under the zoning chapter.

The exception is narrow. The prohibition does not cover the delivery of cannabis items and related supplies by a delivery service, so a licensed delivery service can still bring product to addresses in the city even though it cannot locate a delivery-service business in a zone. Subsection F of the same section backs the ban up with the general rule of the chapter: only those uses specifically identified as a permitted principal use, permitted accessory use, conditional use, permitted sign or other permitted use shall be permitted, and all other uses are prohibited.

The district use lists in Article III do not name cannabis establishments as a permitted or conditional use. Applications and zoning questions go to the administrative official, who § 430-5 defines as the Zoning Officer unless a different municipal official is designated. Complaints are filed in writing under § 430-108. The City Council adopted these provisions by ordinance as an amendment to Chapter 430.

Violations & Fines

Operating a cannabis establishment in a district where it is prohibited violates Chapter 430. Section 430-109 lets the city seek court action to restrain, correct or abate the use, and it makes a violation a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for not more than 30 days, or both, plus costs. Each day the violation continues is a separate offense, and owners, tenants and contractors can each be charged.

Frequently Asked Questions

Can a cannabis dispensary open in the City of Perth Amboy?
Not under the zoning chapter. Section 430-10E makes all classes of cannabis establishments, cannabis distributors, or cannabis delivery services prohibited uses in all of the City's zoning districts. No district lists them as a permitted principal use, accessory use or conditional use, and § 430-10F prohibits every use that is not specifically identified.
Is cannabis delivery allowed in Perth Amboy?
The ban carves out delivery. Section 430-10E prohibits establishments, distributors and delivery services as uses in the zoning districts, but says the prohibition does not apply to the delivery of cannabis items and related supplies by a delivery service. The carve-out covers the act of delivering, not siting a business.
Which ordinance adopted the cannabis prohibition?
Ordinance No. 1982-2021 added the provision on 7-14-2021, and Ordinance No. 1983-2021 amended it on 8-11-2021. Both amended § 430-10 of the Perth Amboy zoning chapter, and the earlier ordinance also redesignated the former Subsection E as Subsection F.
Who defines the cannabis terms used in the ban?
Section 430-10E takes the terms cannabis establishment, cannabis distributor and cannabis delivery service as defined in Section 3 of P.L. 2021, c. 16. The city adopts those definitions by reference in its own ordinance text, so the local prohibition covers the same classes of business.
What is the penalty for violating the zoning ban?
Under § 430-109B a violation of Chapter 430 is a misdemeanor, with a fine of not more than $1,000 or imprisonment for not more than 30 days, or both, plus costs. Each day the violation continues is a separate offense, and § 430-109A also allows the city to sue to restrain the use.

Sources & Official References

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