Nutley Is Pondering A Ban On Marijuana Businesses

NUTLEY, NJ — Nutley officials are pondering a ban on any marijuana-based businesses in town, with a public hearing on a potential local law set for June 1.

During their Tuesday meeting, the Nutley Board of Commissioners is expected to introduce an ordinance to prohibit the operation of “any class of cannabis business” within the town’s borders.

If passed, Ordinance No. 3473 would ban all cannabis establishments, cannabis distributors or cannabis delivery services from operating anywhere in Township of Nutley. There would be an exception that allows marijuana services to make deliveries of cannabis and “related supplies.”

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. Read More: Marijuana Is Legal In NJ. But Can Towns Still Ban It?

But an outright local ban won’t necessarily come easy. Here's why:

• Town governments have a 180-day period from when the bill was enacted to pass a new one, and the clock is already ticking.
• The exact deadline to pass an ordinance is Aug. 21, according to the New Jersey State League of Municipalities.
• 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.
• Municipalities have no authority to stop the delivery of cannabis items by a delivery service within their jurisdiction, the New Jersey League of Municipalities advises, and only the state's cannabis commission can regulate what time these delivery services operate.

This article contains reporting by Montana Samuels, Patch staff

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