Why have half of New Jersey’s cities opted out of recreational marijuana licensing?

New Jersey legalized the use and sale of marijuana for all purposes earlier this year – February 22, 2021. Cities and towns had 180 days to decide whether or not to be among the communities with a path to the legal recreational cannabis market in the state. Many of these cities have rejected the drug and are choosing to ban the drug and prohibit its sale.

Under the three laws approved by Governor Phil Murphy, marijuana may be consumed and possessed by adults aged 21 and over. The cities in the state were given the freedom to create individual rules for the sale and use of the drug.

There are several factors that determine which option a city can choose. Either they open their gates to cannabis entrepreneurs to improve their economies by creating a local enforcement structure, or they choose to keep the existing prohibition laws.

Deadline: August 21

Each city was given only 180 days to reflect and make its choice. This deadline was set under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.

There are less than ten days until the deadline and the majority of cities have voted. Areas where no action is taken by August 21st are subject to state law.

Events leading up to this vote

Garden State had historic voter support across the state when cannabis reform entered the vote in the last general election.

The measure was passed in 562 parishes out of a total of 565 in New Jersey. In southern, northern and central New Jersey, the polls showed that a high percentage of voters were in favor of legalizing cannabis policy. The voices did not differ according to the political orientation of the residents, whether they were located in rural or urban regions.

Proponents of legalization went beyond the usual boundaries.

50% have withdrawn from the industry

Half of all New Jersey cities and towns have chosen to maintain bans on adult marijuana stores in their area. This means they may not be eligible for the tax benefits that would come with authorizing recreational cannabis sales.

Some of these cities have stated that their stance could be reviewed later in the future, but for now they are refusing to open their doors to actors in the cannabis industry.

The Gothamist column reported that many of these local officials, while submitting their reports to the National Association of Municipalities, stated that they were cautious.

Some say they don’t want to be at the head of the New Jersey Cannabis Regulatory Commission. While others are reluctant to rush the deal until proper regulations are in place for the state’s newly formed recreational marijuana industry.

They claim they will reconsider after the New Jersey Cannabis Regulatory Commission announced their own new rules by August 21st.

Other reasons for the ban are:

• Proximity to residential areas
• Concerns about adolescent access to cannabis

One of the mayors of these parishes said that residents have not voted to allow teenagers to become drug users or allow overdriven products to be sold in the area to cause some people to undercut legal drugs.

Another mayor, Paul Kanitra of Point Pleasant Beach, explains that the city’s problems during the summer are due to excessive alcohol and drug use. Hence his city’s decision to ban the cannabis industry. The city has since passed an opt-out regulation.

Mayor Kanitra added, “I guarantee you that if you asked a question that was, ‘Point Pleasant Beach, are you going to grow marijuana here or have a storefront, it would be an overwhelming failure.”

There have also been reports that cities that have chosen to ban the cannabis industry are allowed to reverse their decision at any time, while the other half, who have chosen not to ban the cannabis industry within their borders, are not allowed to get out for at least five years.

Livingston Mayor Shan Klein said Livingston could clear the cannabis deal if the commission reveals other information such as parking requirements and most importantly, safety protocols.

Mayor Klein is accused of using the “delaying tactic” as an excuse to withdraw. However, Klein has refuted these allegations, adding that “the people who are interested in Marijauna in Livingston really want it and are talking about it very loudly”. However, the Council feels it would be wiser to wait and watch what happens next..

Toms River County also bans the marijuana industry.

The other 50%

Communities on board have started writing custom marijuana business rules that would regulate industry players in each area.

Their decision to allow adult cannabis companies to operate in their area shows their willingness to capitalize on tax sales and create employment opportunities for residents of the state.

One of the communities that will choose the industry and give tentative approval to proposed laws that will oversee local adult marijuana stores that will be within its boundaries is Newark City Council. Their approved rules take into account the safety of residents in the permitted locations as well as odor management.

Other communities joining this project include large cities like Atlantic City, Hoboken, Trenton, and even Jersey City.

They all write their own rules.

Like all municipalities, the Commission must present its first draft regulation for the emerging cannabis industry.

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The rate at which these communities are pulling out of the cannabis industry shows a disagreement between city governments and the majority of residents.

The prohibition of the industry is equivalent to the prohibition of all legal weed producers and cultivation facilities within the borders.

However, these councils are prohibited from prohibiting their residents from consuming the drug for whatever reason. The residents of these areas will depend on licensed cannabis delivery companies to deliver their cannabis products.

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