Toms River Council Delays Cannabis Business Ban

TOMS RIVER, NJ — The Toms River Township Council has tabled an ordinance that would ban the operation of retail cannabis businesses.

The council voted 6-1 Tuesday night to delay action to further discuss and explore the issues involved with the potential for retail businesses under New Jersey's law governing the legalization of adult recreational marijuana use. Councilman Daniel Rodrick voted against tabling the measure.

The vote to table came after several residents spoke out against the ban and urged the council to look deeper into it, emphasizing that 64 percent of Toms River residents who voted on the issue in November favored legalization.

The council had introduced the ordinance at the April 27 meeting, proposing the ban because officials said they wanted more time to consider the best options for retail marijuana businesses.

State law defines the process cannabis businesses must go through to be able to operate in towns across the state. Under the state law, towns that do not pass an ordinance by Aug. 22 will be barred from banning the retail sale for five years; Toms River council members wanted to avoid that process.

Those who want to see cannabis businesses in Toms River had strong messages about the proposed ban.

“You are deliberately not listening to your constituents,” one resident said, warning those who favor a ban "will be voted out."

“We already stated our opinion on Nov. 2,” another man said in response to a statement from township attorney Anthony Merlino, who said town officials had received a lot of response from people who oppose having marijuana for sale in Toms River. “We shouldn’t have to tell you a second time.”

Several residents said the town's proposed ban would continue to limit options for those who use medical marijuana. Under state law, there are a dozen dispensaries around the state where those who have medical marijuana cards can get marijuana to treat a variety of conditions. None of the dispensaries are in Ocean County, and the nearest option is a 45-minute drive.

“None of you are medical people except her,” said Susan Gato, who pointed at councilwoman Laurie Huryk, who is a nurse. “None of you know what patients need.”

Others highlighted what they believe will be an economic boost for Toms River.

“We have a unique business opportunity,” said Kenneth Gaughran, who pointed out that other nearby towns, including Brick and Lakewood, have enacted bans on retail cannabis businesses, meaning Toms River would draw people from those towns to buy weed.

“(Allowing retail marijuana businesses) will make Toms River more than a pass-through town,” he said.

Some cited the revenue from taxes on retail cannabis as a potential boost for the school district, but there is nothing in the state law that states the tax revenues would be directed to the school district.

The vote to table also included a call to form a committee to advise the town how to proceed. Council President Kevin Geoghegan said those who wish to be considered for the committee should send their resume to the council members or to business administrator Lou Amoruso.

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