Howell Council: New Ordinance Seeks To Ban Pot Retailers In Town

HOWELL, NJ - The township’s governing body is taking the steps to ban marijuana businesses in the township with the introduction of an ordinance aimed at barring cannabis-related businesses from operating in the municipality.

At a May 25 council meeting, the five-member organization introduced an ordinance set to prohibit “the operation of any class of cannabis business” in Howell. A public hearing for the proposed ordinance is set for June 15.

Although New Jersey voters approved the legalization of marijuana during the November 2020 general election 67.1 percent to 32.9 percent, local municipalities can still bar businesses from selling cannabis in town (in Monmouth County, the vote breaks down to 65.6 percent to 34.4 percent, with 63.39 percent of Howell voters saying “yes” to weed legalization).

"This prohibition shall not apply to the delivery of cannabis items and related supplies being delivered into Howell Township by a cannabis delivery service located outside the geographic boundaries of Howell Township, which delivery service shall have been duly licensed by the municipality in which it operates," the proposed ordinance reads.

Any action will need to be taken by the Township 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?

Council officials noted that the proposed ordinance, if adopted, is a time-biding measure. Councilman John Bonevich noted that the governing body may revisit the issue in the future.

"It was 70 percent for marijuana, for dispensaries, retail. The township voted for it," Bonevich said. "This ordinance is not for that. This is about home rule. We always complain, 'Trenton said this. The state says that.' This state law says we have 180 days to control it. If we only want retail or distribution on Route 9, this is our chance to do it.

"This is just giving us time to zone and say, 'This is where it should go and this is where it shouldn’t go,’” Bonevich said.

Township Attorney Joseph Clark added that the ordinance will serve as a temporary ban that will allow the council to revisit the issue without the stringent time restraint.

"If we don't move to ban it and we allow all six classes of cannabis to be legal in Howell, we don't have another opportunity to opt out of that law for five years," Clark said. "After that five-year period, after we do opt out, everything is grandfathered in ... [in] this way, we get to ban it for now, and we can revisit it when there are more rules and regulations in place when we see how other towns are faring with their tax revenues. The one thing we can't ban because of state law ... is the delivery of it into Howell."

Clark said the council anticipates revisiting the measure "at some point."

You can read the full proposed ordinance here.

Howell residents should know that, regardless of what businesses can operate in town, it won't limit their ability to consume cannabis. Adults 21 and over are allowed to consume cannabis on private property. Cannabis has also been decriminalized in New Jersey, and you can possess up to six ounces of marijuana or 17 grams of hashish without penalty. Read more: 5 Things You Need To Know About Marijuana Legalization In NJ