Township of Randolph: Public Forum To Be Held On NJ Cannabis Laws

Press release from the Township of Randolph:

Randolph Township News Archive » News Article

Public Forum to Be Held on NJ Cannabis Laws

Posted: April 16, 2021

The Randolph Township Cannabis Subcommittee will be holding the first of two public forums on Wednesday, April 28, 2021 to collect input from residents and business owners on the local action the township council must consider regarding permitting or not permitting cannabis businesses under the recently enacted state law legalizing marijuana.

The forum will be held remotely via Zoom from 5:00 to 7:00 p.m. Residents may join the Zoom meeting via computer by going here . The meeting ID no. is 813 4616 5123. You may also call in by dialing 1-646-558-8656.

The forum will include a brief presentation on the recently enacted law, along with a review of the various businesses which can be permitted under the law. The presentation will also provide further explanation on the actions the township council must consider prior to the 180 day deadline (August 22, 2021) to either open Randolph to such businesses or prohibit their establishment.

Background Information

Governor Murphy has signed into law legislation legalizing and regulating cannabis use and possession for adults 21 years and older.

New Laws

• Cannabis Legalization (P.L.2021, c.16) (Feb. 22, 2021)Titled as the New Jersey Cannabis Regulatory, Enforcement, Assistance and Marketplace Modernization Act, this law legalizes regulatory cannabis. (A21)
• Marijuana Decriminalization (P.L.2021, c.19) (Feb. 22, 2021)This law decriminalizes possession of small amounts of marijuana and hashish and establishes new, more lenient penalties for the distribution of these substances. (A1897)
• Other Clarifying Provisions (P.L.2021, c.25) (Feb. 22, 2021)This law clarifies certain provisions regarding marijuana and cannabis use and possession penalties for individuals younger than 21 years old. (S3454)
• Additional Clarifying Provisions (P.L. 2021, c.38) (Mar. 26, 2021)This law revises certain provisions concerning parental notification of juveniles found to be using or possessing alcohol, marijuana, hashish or cannabis, as well as amending certain other provisions of N.J.S.A. 2C:33-15. (A5472)

To assist residents in gaining a better understanding of the new laws, view this Cannabis Legalization Fact Sheet .

Municipal Considerations

• Existing Ordinances: Any existing municipal ordinances regulating or prohibiting cannabis are null and void. They must be readopted to be effective.
• Opt-In or Opt-Out Timeline: Municipalities have 180 days (until August 21, 2021) to take action to either prohibit or limit the number of cannabis establishments, distributors, or delivery services; the location, manner, and times of operation, and establishing civil penalties for violation of ordinances.
• No Action Result: If municipalities do not take action within 180 days, any class of cannabis establishment or distributor will be permitted to operate in the municipality, and depending on the type of establishment, be considered a permitted use in certain zones.
• 5-Year Periods: Once a municipality permits cannabis establishment or distributor operations in their community, that action remains valid for 5 years. After this 5-year period, a municipality has another 180-day window to prohibit or limit cannabis operations, but this action only applies prospectively. Those who initially opt-out can opt-in at any time.
• Local Cannabis Tax: Municipalities can enact by ordinance a local cannabis tax that cannot exceed 2% for cannabis cultivator, manufacturer, and/or retailer; and 1% for wholesalers. The tax percentage is based on the receipts for each sale and is paid directly to the municipality in the manner prescribed by the municipality. Any delinquencies are treated the same as delinquent property taxes. The tax cannot apply to delivery services to consumers or transfers for the purpose of bulk transportation.
• Delivery Rights: A municipality cannot prohibit the delivery of cannabis items and related supplies by a delivery service within their jurisdiction.

Township Subcommittee
The township council has formed a subcommittee to study and collect additional information and community input on the new law. The subcommittee will be making a recommendation to the full township council prior to the expiration of the 180 day deadline for local action on the question of whether Randolph should opt in or out of allowing cannabis businesses to operate within the municipal boundaries. The subcommittee consists of the following members:

Chris Carey—Township Council
Joanne Veech—Township Council
Lance Tkacs—Township Council
Steve Mountain—Township Manager
David Ehehalt—Economic Development Committee
John Insinga—Board of Health
Kevin Keller—Chamber of Commerce
Art Lee—Planning Board
Liz Ritter—Municipal Alliance Committee

The subcommittee is meeting weekly to become more educated on the state laws and the decisions Randolph must address locally under the laws. In addition, the subcommittee will be hosting two community forums and administering a community survey to collect community input on the new laws in the upcoming months.

Other Resources

• March 3, 2021, New Jersey League of Municipalities Legislative Briefing
• March 18, 2021 New Jersey League of Municipalities Legislative Briefing

This press release was produced by the Township of Randolph. The views expressed here are the author’s own.