Nutley Bans Marijuana Businesses Within Town Limits – For Now

NUTLEY, NJ — With the clock ticking, Nutley’s board of commissioners recently passed a local law banning marijuana businesses from operating in the township.

At their June 1 meeting, the Nutley Board of Commissioners held a public hearing for Ordinance 3473, voting unanimously to pass it on second reading (watch the video below).

The law bans all cannabis establishments, cannabis distributors or cannabis delivery services from operating anywhere in Nutley. Read the full text here.

Consistent with state law, there is an exception that allows services to make deliveries of recreational/medical cannabis and “related supplies” to local residents – but businesses can’t set up shop in the township.

Commissioner John Kelly, who voted in favor of the ordinance, said that the board isn’t passing the law because they don’t want marijuana-related businesses in town, or because they see cannabis as not “family-friendly.”

“We just want to make sure we’re doing it the right way, and to do that we need to see what the final laws, the final regulations look like once the ink has dried,” Kelly said. “We’re just doing this as a pause to make sure that we’re doing everything in the best interest of the town.”

Kelly added that in his view, Nutley’s law doesn’t ban cannabis-related businesses that legally existed before the state’s new law, such as those that deal in hemp and CBD oil, only those that were previously illegal.

New Jersey voters approved recreational marijuana in November 2020. But it wasn't legal to fire up the bong until Gov. Phil Murphy signed the official framework into law on Feb. 22.

Now, adults 21 and over are allowed to consume cannabis on private property. Read More: 5 Things You Need To Know About Marijuana Legalization In NJ

When state lawmakers crafted the legalization bill, they left room for individual municipalities to ban or limit the number of cannabis businesses operating in their communities. This includes dispensaries, delivery services and cultivators.

Town governments have a 180-day period from when the bill was enacted to pass a law banning cannabis businesses. They will be able to repeal or alter their ordinances afterwards. But if they don’t pass an ordinance in that time, not only will marijuana businesses be allowed to operate, but town officials won't have another chance to issue a ban for a period of five years. Read More: Marijuana Is Legal In NJ. But Can Towns Still Ban It?

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