East Brunswick Ordinance Prohibits Cannabis Businesses 'For Now'

EAST BRUNSWICK, NJ — East Brunswick council voted 3-2 on an ordinance that prohibits all forms of recreational marijuana sale, use, growth, and manufacturing for now. The only part retained in the ordinance is conditional use for "alternative treatment center" or medical marijuana.

The decision was made during the June 14 council meeting. The township voted against any form of cannabis distribution as it wants to adopt a wait-and-watch approach regarding new regulations introduced by the Cannabis Regulatory Commission.

The New Jersey Cannabis Regulatory Commission is expected to roll out its rules and regulations governing the marijuana industry in August. Around the same time, municipalities have to pass ordinances banning all cannabis businesses or limiting their presence in town.

This leaves many townships in a tough spot as it forces municipalities to make their choice before reviewing the new regulations.

Township Attorney Mike Baker said East Brunswick is waiting to see what the state regulations are when they are adopted.

There is a three step-approach to approval in the township. After the ordinance is passed by the town council, it will have to go to the Planning Board "because it’s a zoning ordinance." After the board reads and makes recommendations, the ordinance will then come back to the council for a second reading, Baker said.

Council President Sharon Sullivan said “if we vote 'no,' we can go back and revisit it. I want to see what the commission does and how they regulate it for the state.”

Council Vice President Kevin McEvoy too was in favor of opting out. “I want us to opt-out so we can figure out what we want to do,” McEvoy said. “The big unanswered question is how much money are we going to receive from taxation. If we are able to opt-out we can determine how the revenue is going to work.”

McEvoy told residents that the vote was not going to “end the discussion on marijuana” in the township.

Councilman James Wendell said they needed a "little bit more discussion” and research before opting out. “While I’m not a huge fan of this, I believe there is a great amount of revenue to gain by the Township,” Wendell said.

“Since almost two-thirds of East Brunswick residents voted to support this on the ballot... I think we’d be foolish to opt-out so quickly without a little bit more discussion, a little bit more research.”

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

Read More Here: 5 Things You Need To Know About Marijuana Legalization In NJ

When the legalization bill was crafted, lawmakers left room for municipalities to ban or limit the number of cannabis businesses operating in their communities. Local 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 afterward. If they don't pass an ordinance in that time, not only will marijuana businesses be allowed to operate, but local officials won't have another chance to issue a ban for the next five years.

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

During the meeting, Baker pointed out that towns around East Brunswick are doing a mix when it comes to allowing cannabis — some towns are allowing everything, while others allow only some things. Baker said that the East Brunswick council can take a “buffet sort of an approach.”

Councilman Mike Spadafino said the town will not gain anything for residents if other towns give them access to cannabis. “I don't see where we are benefitting anyway by prohibiting it. We could possibly lose out on a revenue stream that could be beneficial to the town,” he said.

Wendell also said that people who were looking for places to put in dispensaries “will make their choice of towns by the time second round comes” and that the township might lose out on the state-issued licenses.

The cannabis ordinance will be up for discussion again during the June 28 council meeting. Click here for details.

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