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Upper Deliberates Marijuana Ordinance

Marijuana joints

By Camille Sailer

PETERSBURG – In a spirited discussion March 22, Upper Township Committee members weighed how to approach concerns regarding the implementation of the state’s new legal marijuana laws.  

Members debated the merits of a strategy to move a municipal ordinance regarding possible cannabis dispensary authorization to operate in Upper Township forward. 

“This is a land-use issue, which requires a consistency affirmation from the Planning Board,” explained Solicitor Daniel Young. “Committee can provide context to the Planning Board and a due date for its review, and a dispensary ban could be consistent with its past decisions.”  

Mayor Richard Palombo shared that “by an overwhelming majority, in fact, about a 2:1 vote, voters in Upper approved the new state statute liberalizing cannabis.  

“There were 2,500 votes more in support out of a total of about 8,000 cast. That needs to be uppermost in mind since this is a clear indication of approval of the law’s provisions, although many are very unhappy with statute provisions.” 

In response, Committee member Curtis Corson, said, “They may have approved the law, but that doesn’t mean they support a pot shop in their neighborhood.”  

Continuing his comments, Corson said, “Upper residents approved the legalization of recreational cannabis, but does that mean permission for a dispensary, especially with no local police (Upper Township is policed by New Jersey State Police) to enforce ‘local nuisance’ problems?” 

Palombo mentioned the potential for revenue generation associated with the cannabis business, such as a dispensary, although the tenor of the discussion among members seemed to reflect strong anti-cannabis viewpoints.  

Other issues raised included a possible federal law violations problem since the state law is at odds with U.S. provisions; however, it seems no prosecutions have been pursued to date. Palombo opined that the influx of cannabis is inevitable, given that home delivery and use are specifically allowed under the new law.  

Committee member Kim Hayes argued for the governing body to draft its ordinance to send to the Planning Board after first reading, but before final adoption, so that perspectives would be known, and guidance given. All agreed that was an excellent approach and would be implemented.  

The mayor recommended the municipality organize a cannabis workshop to elicit public input before the drafting of the ordinance, which must be done and approved by Aug. 20.  

Other public comment opportunities are expected to occur when the Planning Board holds its review and then subsequently when committee deliberations are held to vet and adopt the ordinance.  

Young advised the committee to put into place an ordinance, given that even by prohibiting certain aspects of the cannabis law, it then leaves the door open for five years for future revisions, pro or con.  

“If there is no ordinance by the deadline, there is no room to modify our position,” he explained.  

Committee members agreed to set the process in motion, with continued discussions at future meetings, and pledged that the public will stay well-informed at all stages of deliberations.    

To contact Camille Sailer, email csailer@cmcherald.com. 

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