Freehold Boro Council: Ordinance Seeks To Regulate Pot Businesses

FREEHOLD BOROUGH - The main governing body in Freehold Borough is taking the steps to regulate marijuana businesses that may set up shop in Freehold in the near future with the introduction of an ordinance aimed at establishing where locations can go and how businesses can obtain proper licenses.

During a June 7 meeting, the seven-member organization introduced an ordinance set to "create land use regulations and licensing requirements for cannabis businesses that can promote the health, safety and general welfare of the community.” A public hearing for the proposed ordinance is set for June 21.

According to the introduced ordinance, several inquiries have already been made by companies that are seeking to establish a business in Freehold. These companies have either already applied or will apply to the state for licensing.

The introduction of the ordinance comes as an overwhelming 67.1 percent of New Jersey voters approved the legalization of marijuana during the 2020 general election. State lawmakers finalized the move in February.

Any action will need to be taken by the Borough Council by July 2021 as the exact deadline to pass an ordinance banning or limiting the number of cannabis establishments and establishing civil penalties for violation of ordinances is Aug. 21, according to the New Jersey State League of Municipalities. Related: Marijuana Is Legal In NJ. But Can Towns Still Ban It?

Per the introduced ordinance, cannabis retailers will be allowed in the following areas:

• In commercial manufacturing and modified commercial manufacturing zones on lots fronting Throckmorton Street and between the intersection of Throckmorton Street and Rhea Street west to borough limits;
• Office commercial, limited professional office and general commercial zones on lots fronting Park Avenue and between the intersection of Park Avenue and South Street east to the borough limits;
• Commercial manufacturing and general commercial zones on lots fronting Jerseyville Avenue and between the intersection of Jerseyville Avenue and Parker Street east to the borough limits.

Cannabis cultivators, distributors, manufacturers and wholesalers will only be permitted to operate in the commercial manufacturing district and, although marijuana delivery businesses will not be permitted to operate in any zone in the borough per the ordinance, the delivery of cannabis products and supplies to Freehold addresses by a delivery service based outside the borough may not be prohibited.

Each business would be limited to 8 a.m. to 8 p.m. operating hours. Processing and cultivation facilities must provide air treatment systems with “sufficient odor absorbing ventilation” and exhaust systems, as well as noise mitigation systems. All sites must also have at least one security guard as well as security cameras covering all parking, loading, storage and interior spaces open to the public or used for production of cannabis products. Facilities must provide Freehold Borough police with access to security footage upon request.

Cannabis retailers will not be allowed within 200 feet of a correctional facility, 250 feet of a childcare facility or 500 feet of a school. All businesses shall conduct operations indoors only.

Cultivators and manufacturers in the borough would have to pay an annual $10,000 license fee, while cannabis wholesalers, distributors and retailers would be required to shell out a $5,000 license fee annually. A maximum of two licenses will be issued for each business type. Cultivators, manufacturers, distributors and retailers would each have a 2 percent business sales tax, while wholesalers would have a 1 percent business sales tax in the borough.

Cannabis businesses themselves also won’t be allowed to sell alcohol or tobacco products, nor would on-site consumption of food, alcohol, tobacco or cannabis products be permitted.

Cannabis consumption areas will not be permitted in the borough, per the ordinance.