CORRECTION: The below story incorrectly stated both recreational and medicinal marijuana storefronts are prohibited by ordinance in Avalon. Avalon Borough Council passed an ordinance prohibiting cannabis businesses before the legalization law passed, in Trenton, which made earlier ordinances null. The council May 26 introduced a similar ordinance, which is expected to have a public hearing in June.
COURT HOUSE –As summer nears, visitors and locals may want to know how their municipality is enforcing the state’s new law legalizing marijuana use and possession for adults 21 years and older.
Under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (https://bit.ly/3oAyVEl), towns have until Aug. 21 to create a local enforcement structure. If no action is taken, the state’s law governs.
What’s Legal?
Possessing 6 ounces (170 grams) or less of marijuana, or about three-fifths of an ounce (17 grams) of hashish, is no longer a state law violation.
It’s also no longer a crime to be under the influence of marijuana or hashish, or possess marijuana paraphernalia, or have it while operating a car. The state still has laws against driving under the influence of drugs.
What if I’m Under 21?
The law requires written parental notification upon the first violation for underage possession or consumption of alcohol, cannabis items, marijuana or hashish by individuals under 18.
Parents will also be notified for any subsequent violations, with the minor subject to a referral to community services.
Can I Grow My Own?
No. Homegrown was sought by advocates, but ultimately was left out of the final legislation.
What is Still Illegal?
Individuals can’t possess more than 6 ounces of marijuana in the state. If they do, it’s a fourth-degree crime, which could carry up to an 18-month sentence.
Distributing large amounts of marijuana is still illegal under New Jersey law.
Distributing 25 pounds (11 kilograms) or more of marijuana, or 5 pounds (2.2 kilograms) or more of hashish, is a first-degree crime, the most serious under state law.
For distributing 5 pounds or more of marijuana or 1 pound (.5 kilograms) of hashish, an individual faces second-degree charges. Distributing a pound of marijuana or 5 grams (.17 ounces) of hashish or less is a third-degree crime.
Sales of small amounts of marijuana – meaning an ounce or less – carry a written warning for the first offense. A second offense carries a court summons on the charge of a fourth-degree crime.
What Can Municipalities Regulate?
Municipalities have until Aug. 21 to enact ordinances governing the number, location, manner and times of operation of cannabis businesses, and many in the county have done so, prohibiting them.
Delivery of cannabis or cannabis products, however, cannot be prohibited. Delivery service times will be governed by the state Cannabis Regulatory Commission.
If no ordinance is enacted by Aug. 21, no ordinance can be enacted for another five years. However, the ordinances can be repealed during that time.
Here’s how Cape May County communities responded, so far:
Avalon
Both recreational and medicinal marijuana storefronts are prohibited by ordinance in Avalon.
Avalon’s Planning and Zoning Board is anticipated to continue this discussion, at its June 8 meeting, and it is anticipated this will be followed up by Avalon Borough Council, at a June meeting.
At the council’s May 26 meeting, it is anticipated some or all of borough property will be designated as no-smoking areas.
Cape May
Cape May City Council May 18 introduced an ordinance that would ban all classes of cannabis establishments and distributors from operating in the city (https://bit.ly/3wsbujh). It will come up for a public hearing and potential adoption in June.
The proposed ordinance makes no exception for medical cannabis establishments.
Council adopted a new ordinance April 6, banning marijuana smoking in public areas (https://bit.ly/3u4w1Jl). The new restrictions prohibit marijuana smoking on the city’s Washington Street Mall, Promenade, beaches and other public areas.
Cape May Point
The Cape May Point Board of Commissioners is expected to consider for adoption an ordinance prohibiting the cultivating, manufacturing, sales and distribution of marijuana, at its June 10 meeting.
Dennis Township
Dennis Township expects to adopt an ordinance May 25, prohibiting the smoking of marijuana in public places.
It is expected to adopt an ordinance June 8 (following a 5:30 p.m. public hearing, at the municipal building, 571 Petersburg Rd.) prohibiting the cultivating, manufacturing, sales and distribution of marijuana.
Lower Township
Lower Township Council adopted an ordinance, at its May 3 meeting, banning marijuana smoking in public places (https://bit.ly/3bGLLfn).
Penalties for violation include a written warning for the first offense, a $250-$500 fine for a second offense, and a $500-$1,000 fine for a third offense.
Middle Township
Middle Township Committee May 3 adopted an ordinance banning the use of cannabis products in public spaces (https://bit.ly/3yBFIm6).
Middle, however, has not yet decided whether it will welcome recreational cannabis sales within its boundaries. The municipality openly supported plans for a medical marijuana dispensary, on Indian Trail Road (https://bit.ly/2SWZGqS).
North Wildwood
North Wildwood May 18 approved an ordinance prohibiting recreational marijuana from being grown, manufactured, distributed, delivered and sold within its boundaries.
Ocean City
Ocean City Council put a law on the books April 8, prohibiting any marijuana dispensaries from opening in the city (https://bit.ly/3fr0Ylu).
Sea Isle City
Sea Isle City Council May 11 adopted a cannabis business prohibition ordinance, prohibiting the sale and/or operation of any marijuana manufacturing, cultivation, processing, distribution and dispensaries, as well as a prohibition of smoking in public places (https://bit.ly/3oym060).
Stone Harbor
Stone Harbor Borough Council May 4 adopted an ordinance prohibiting the sale, cultivation, manufacturing, processing and distribution of marijuana and other cannabis products within the municipality’s borders (https://bit.ly/3u2uXWb). The ordinance also banned smoking or ingestion of cannabis products in public spaces.
Upper Township
Upper Township Committee May 10 adopted a cannabis ordinance, prohibiting business activity for both recreational and medicinal sales within its borders (https://bit.ly/3bIVT79).
West Cape May
As of May 18, the West Cape May Board of Commissioners has not taken any action regarding marijuana business, but is expected to continue to discuss the issue until some action is taken before the Aug. 21 deadline, according to Mayor Carol Sabo.
West Wildwood
West Wildwood Borough Commissioners approved an ordinance May 7, prohibiting the sale, cultivation, manufacturing, processing and distribution of marijuana and other cannabis products within the municipality’s borders.
Delivery services located outside the municipality are permitted to make deliveries within West Wildwood.
Wildwood
Wildwood Board of Commissioners had its introduction and first reading May 12 of an ordinance prohibiting the operation of any class of cannabis business in the city and a second ordinance prohibiting smoking, vaping and otherwise consuming cannabis or cannabis items on public property (https://bit.ly/2SX7J76).
A public hearing is scheduled May 26 before both ordinances are expected to be adopted.
Wildwood Crest
Wildwood Crest Board of Commissioners May 12 moved to prohibit anyone from using marijuana/cannabis products in public places, such as borough parks and recreational areas (https://bit.ly/3f1ZMpJ).
Commissioners also passed an ordinance prohibiting the operation of all classes of cannabis establishments, cannabis distributors and cannabis delivery services within borough limits.
These new measures will be in place beginning June 7.
Woodbine
According to Mayor William Pikolycky, this matter is still under discussion by Woodbine Borough Council and the Land Use Board. A decision could be made near the end of May.
To contact Karen Knight, email kknight@cmcherald.com.
