COURT HOUSE – Middle Township Committee April 5 introduced an ordinance banning marijuana smoking in public spaces, while also reiterating its support for a medical marijuana dispensary, on Indian Trail Road.
Borrowing from a similar ordinance introduced in Cape May, Middle Township is seeking to ban the “inherently dangerous behaviors of smoking marijuana around non-marijuana users.”
The ordinance establishes local penalties for violations, while trying to avoid conflict with state laws legalizing marijuana use.
The ordinance’s public hearing is slated for the May 3 committee meeting.
Mayor Timothy Donohue said the municipality would restrict other aspects of cannabis production, manufacture and retail sale, with the intent of “carving out” permissible uses later.
The new state statutes give municipalities 180 days to enact local restrictions, but it also prevents tightening of or adding to those restrictions after the initial 180 days for a five-year period. Municipal restrictions may be relaxed at any point.
Donohue reiterated the municipality’s support for INSA, a vertically integrated Massachusetts company engaged in the cultivation, manufacture, sale and distribution of cannabis.
The company has plans for a medical marijuana dispensary on the site of the former La Monica plant. The legalization of recreational cannabis in New Jersey led company executives to expand their plans for the site to include the cultivation and distribution of cannabis to other retail outlets outside the municipality.
Donohue said INSA expects to hear from the state concerning its license application soon. The municipality passed a resolution in support of the license application last year.
In the November general election, municipal voters supported the state question on legalizing cannabis by a more than 2-to-1 ratio. Donohue pointed to that level of public support for the new industry while reminding citizens that the proposed INSA plan, with its expanded purpose, would bring as many as 200 year-round jobs.
“That would make INSA one of the county’s largest employers,” he added.
Donohue also called attention to the fact that the municipality could impose a local tax of up to 2% on dispensary sales and another 1% on cannabis wholesale distribution.
Middle Township is one of the few municipalities that have openly welcomed aspects of the new cannabis industry. Donohue emphasized that retail sales at the proposed dispensary would be done in a controlled environment.
“This is not a location where people will be smoking marijuana,” he said.
Police Chief Christopher Leusner explained enforcing the new ordinance will present challenges, especially when officers are dealing with those under 21. New Jersey law prohibits underage possession and consumption of marijuana, but a violation is not considered a criminal act.
The police department is establishing a separate tracking system to record written warnings given to violators of the state law.
Leusner also noted that the decriminalization of marijuana possession means that while unregulated marijuana is illegal, the possession of up to 6 ounces of marijuana is not a criminal offense.
Deputy Mayor Theron “Ike” Gandy said the municipality is faced with a “steep learning curve” and a “short window” in which to absorb it.
“We will probably be forced to impose very strict measures on cannabis businesses and relax them as we go,” he said.
To contact Vince Conti, email vconti@cmcherald.com.
