OC Weighs Marijuana Options; Considers Community Values

OCEAN CITY – The city’s attorney is looking at options for the community should New Jersey legalize the recreational use of marijuana. 
State Sen. Nicholas Scutari (D-22nd) introduced legislation at the start of this year’s session that would legalize the sale and use of the drug, along similar lines to what takes place in Colorado.
Gov. Phil Murphy is a supporter and indicated he would sign the bill if it reaches his desk. On Jan. 12, Democrat Murphy replaced Republican Gov. Chris Christie, who opposed any move toward legalization.
At the Jan. 25 City Council meeting, members of Ocean City’s governing body made clear they were not in favor.
Councilman Michael DeVlieger raised the issue as part of the discussion at the end of the meeting. He asked Mayor Jay Gillian what could be done to keep marijuana out of Ocean City.
DeVlieger cited a letter from the substance abuse treatment and prevention agency, Cape Assist, in raising the topic at the meeting.
“It’s a topic for more than just a little report here. It runs deep, in the effect it will have on the state as a whole. I’m more concerned about our community right here,” he said.
“But I think it’s something we need to get in the public conversation and make some decisions before it’s made at the state level.”
Gillian responded that he’s already asked city attorney Dottie McCrosson to investigate the issue.
In an apparent reference to medical marijuana, Gillian said, “If it helps kids I’m for it,” but he spoke against legalizing the drug for recreational sale and use.
Gillian indicated that he has heard from some in law enforcement that Colorado has seen an increase in homelessness and traffic fatalities since legalizing. He said the cost of the damage from legal weed would outweigh any benefit.
“If it brings a billion dollars in, it’s going to cost the taxpayers $2 billion in damage,” he said.
Others on council also expressed concerns about the potential impact of legalization.
Keith Hartzell cited Ocean City’s voters’ stance on alcohol sales as a likely indication of how they’d feel about marijuana. He also mentioned the town’s image as a family-friendly resort.
“I’ve got to think the majority of the community will not welcome it at all. Nor will our visitors,” he said. 
Councilwoman Karen Bergen expressed concern about people smoking pot in public.
“I mean, they can’t be smoking it on the boardwalk?” she asked.
“You have legislated no-smoking areas for cigarettes in town. I’m confident that you’re going to be able to do something similar with this,” McCrosson said.
Members of the administration stated that there is no smoking allowed on the boardwalk.
Councilman Bobby Barr made his opposition to legalization clear.
“I think the whole marijuana thing is silly,” he said. “All of the problems here in the State of New Jersey and that’s one of the first things we’re going to tackle, is marijuana? I just think it’s stupid.
“I would support anything that we could do to prevent that from happening here,” he continued.
McCrosson indicated that municipalities would likely be able to keep dispensaries out.
“The current draft of the bill allows municipalities to decide whether they will permit the sale of marijuana,” she told the council. “We don’t know what the final bill is going to be, but every draft that I’ve seen is going to allow the individual municipality to make a decision.”
“This is going to be a tough one,” Gillian said, indicating that he wants to hear from residents on the issue. During the discussion, he said he would speak for the other side, “because we are in America.” He said a town could not take away individual rights, and brought up the impact of alcohol.
“I don’t drink, and it’s very difficult for me, how it’s affected, my family. But you have to understand that if something is legal, and people can do it, you can’t take away people’s rights,” he said. We have to educate ourselves, and we have to be fair. Alcohol is legal, and look what it does to people.”
Under the current bill, towns that opt out of allowing sales do not get a share of the revenue.
“The money made on this is going to be huge. They think it’s going to lower property taxes,” Gillian said. “I don’t think so. I think it’s going to be very dangerous, and you need to talk to some of these other states.”
DeVlieger suggested that Murphy would spend that additional revenue.
“He’s going to need all of that for what he’s talking about giving away,” he said, in an apparent reference to the governor’s spending plans.
More than half of the states – including New Jersey – have made allowances for the medical use of marijuana, despite federal laws saying it cannot be used or prescribed.
An increasing number of states have also decided to allow possession, sale, and use of the drug for those over 21, most by popular vote.
This month, Vermont became the latest state to join the trend, with a successful ballot measure in Massachusetts and Maine set to take effect.
Under President Obama, a policy essentially kept federal law enforcement from taking action in states that have legalized marijuana.
President Trump’s Attorney General Jeff Sessions has ended that policy, and has indicated a harder line on medical and recreational marijuana could be on the way from Washington.
In New Jersey, Scutari’s bill would allow those over 21 to possess up to an ounce of marijuana, and set up a system for state-licensed dispensaries to sell heavily taxed marijuana or pot-infused edibles. The bill would also establish a state Division of Marijuana Enforcement. Its next step will be before the Senate Judiciary Committee.
If the committee gives its OK, the bill then heads to the Senate floor for a vote. Early indications during the campaign were that the Democratic majority would fast-track the matter, although some observers say it may not come for a vote until later this year at the earliest.
Some Democrats, including Sen. Jeff Van Drew, say they would oppose full legalization.
Scutari could not be contacted for this story.
In published comments, he has cited Colorado’s success in legalization, where weed is a billion-dollar industry and has meant a big boost in state revenues.
Polls indicate legalization remains popular in Colorado, the first state to allow sales to adults. 
He and other proponents say legalization takes illicit profits away from gangs and cartels, and that the current laws unfairly impact African Americans.
“Black New Jerseyans are nearly three times more likely to be arrested for marijuana possession than white New Jerseyans, despite similar usage rates,” Scutari’s bill reads. It also asserts that the state spends about $127 million a year on marijuana enforcement and that three out of five drug arrests in the state are for marijuana. According to the bill, 24,000 people were arrested for marijuana possession in 2012.
Gillian plans to bring a proposal to the city council, potentially banning marijuana sales in the municipality. Some shore towns have already taken similar steps, and others are looking at options.
“We’ll bring something forward, and our constituents will tell us what they think,” Gillian said. “It’s not going to be the golden egg. The detriment it’s going to have on families is just going to be heartbreaking.”
To contact Bill Barlow, email bbarlow@cmcherald.com.