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Toms River, NJ Cannabis Regulations: Dispensary Zoning (2026)

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

Key Facts

Status
All cannabis business classes prohibited townshipwide
Exception
Delivery-only service into Toms River allowed
Adopted
July 13, 2021, Ord. No. 4703-21
Enforced by
Police Dept. and Bureau of Property Maintenance
Penalty basis
N.J.S.A. 40:49-5 and 40:69A-29 max fines

Summary

Toms River Township bans every class of cannabis business townshipwide: cultivators, manufacturers, wholesalers, distributors, retailers and delivery services are all prohibited from establishing or operating anywhere in the township under § 234-3 of the Township Code. The one exception is delivery: a licensed cannabis delivery service may still deliver cannabis items and related supplies to Toms River addresses even though local dispensaries can't open.

Pursuant to P.L. 2021, c. 16, Section 31b, all classes of cannabis establishments, cannabis distributors, or cannabis delivery services are prohibited from establishing or operating throughout the Township of Toms River, including, to the extent applicable, any part of the Township currently within or that subsequently falls under the jurisdiction of any independent state authority, commission, agency, or instrumentality of the State of New Jersey, notwithstanding any law to the contrary. ... Pursuant to P.L. 2021, c. 16, Section 31b, the prohibition established under § 234-3A does not apply to the delivery of cannabis items and related supplies by a delivery service.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4954830; v33 updated 2026-04-22; through 04-22-2026).

Full Breakdown

The Mayor and Township Council adopted Chapter 234, Cannabis, on July 13, 2021 by Ordinance No. L. 2021, c. 16), which let municipalities either regulate or prohibit cannabis establishments, cannabis distributors, and cannabis delivery services within their borders. Under § 234-3A, all six classes of cannabis establishment created by the state act, cultivators, manufacturers, wholesalers, distributors, retailers, and delivery services, are prohibited from establishing or operating throughout the Township of Toms River, and the ban reaches any part of the township that falls under the jurisdiction of an independent state authority, commission, agency, or instrumentality, notwithstanding any law to the contrary.

Section 234-3B carves out one exception: the prohibition does not apply to the delivery of cannabis items and related supplies by a licensed delivery service, so an out-of-town dispensary can still deliver into Toms River even though none may open a storefront here. The Township Council explained its reasoning in § 234-1H: given the uncertainty around the state act's effects, the council found a blanket prohibition against all classes of cannabis business necessary and in the best interest of residents' health, safety and welfare while the township studies the issue.

Section 234-6 assigns enforcement jointly to the Police Department and the Bureau of Property Maintenance. A. A. 40:69A-29 per § 234-5B, and § 234-5C makes each day a prohibited cannabis business operates a separate, cumulative violation.

Violations & Fines

Operating any prohibited cannabis establishment, distributor, or delivery service (other than the exempted delivery-only activity) violates Chapter 234 and exposes the operator to the maximum municipal fines and penalties available under N.J.S.A. 40:49-5 and N.J.S.A. 40:69A-29. Section 234-5C treats each day of continued operation as a separate, cumulative violation, and § 234-6 puts enforcement in the hands of both the Toms River Police Department and the Bureau of Property Maintenance.

Frequently Asked Questions

Can I open a cannabis dispensary in Toms River?
No. Section 234-3A of the Township Code prohibits every class of cannabis establishment, including retailers, cultivators, manufacturers and wholesalers, from establishing or operating anywhere in Toms River Township. The council adopted the blanket ban in 2021 under Ordinance No. 4703-21 while it studied the state's new cannabis law.
Is any cannabis-related business allowed in Toms River?
Yes, one: cannabis delivery. Section 234-3B specifically exempts the delivery of cannabis items and related supplies from the township-wide prohibition, so a licensed delivery service can still bring cannabis items to a Toms River address even though no dispensary, cultivator or manufacturer may operate locally.
Who enforces Toms River's cannabis ban?
Section 234-6 of the Township Code assigns enforcement of Chapter 234 to the Toms River Police Department and the Bureau of Property Maintenance. Someone who opens a prohibited cannabis business faces the maximum fines allowed under N.J.S.A. 40:49-5 and 40:69A-29 for each day of operation.
Could Toms River's cannabis ban change later?
It could. The state Cannabis Act lets towns that missed the original 180-day deadline restore their power to prohibit or regulate cannabis businesses at five-year intervals under § 234-1F and G, and § 234-4 lets any provision be severed if it's later preempted by state or federal law.

Sources & Official References

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