By Allison Perrine
Now that cannabis is legal at the state level, some Two River-area towns are considering legislation that could allow dispensaries to open in nearby business districts in the future, including in Highlands and Sea Bright.
Over the past two weeks, the two municipalities have introduced ordinances that establish guidelines to address prohibited and conditional uses for cannabis establishments and licensing requirements.
And the conversation does not end there. Atlantic Highlands Borough Council will discuss the topic at its Thursday, May 27 meeting, while other towns are introducing legislation that prevents these businesses from opening, including Oceanport, Monmouth Beach, Little Silver and Shrewsbury Borough. All this potential legislation will be up for public hearings in the coming weeks.
Sea Bright
Sea Bright’s council met May 18 and introduced Ordinance No. 09-2021. If approved on final hearing, it will allow for the operation of one “Class 5” cannabis retail business in town – defined as a cannabis retailer license for locations where cannabis items and related supplies are sold to customers. There are six class categories in total as established in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act signed by Gov. Phil Murphy Feb. 22.
The proposed Sea Bright ordinance defines cannabis establishments as cannabis cultivators, manufacturers, wholesalers or retailers. Off-premises deliveries by certified cannabis handlers working for or on behalf of the retailer will be permitted. Only New Jersey residents age 21 and older will be able to use its services per state legislation.
The ordinance states that any Class 5 cannabis retailer permitted to operate in Sea Bright will not be allowed to sell food nor will its customers be allowed to bring outside food into the establishment. It will not be permitted to sell anything other than cannabis. Smoking will not be permitted within the store and businesses will not be permitted to have indoor or outdoor consumption areas. There will be no seating in the store for customers.
During the May 18 meeting, councilman Sam Catalano said he has done significant research on the idea for Sea Bright and it seems there could be a “really big increase” in tax revenue for the town from these services. He called the ordinance “a major victory.” He and other council members approved the ordinance on introduction; councilman William J. Keeler was the lone dissenting vote. It will be up for a second reading and public hearing June 15.
Highlands
All but one elected official on the borough’s five-member, nonpartisan council approved the introduction of three related ordinances at the May 19 meeting. Councilwoman Linda Mazzola said that her “no” vote was not based on a judgment of anyone who wants to or already does utilize cannabis, nor is it about whether or not it should have been legalized in New Jersey. Instead, it is “strictly about, and for, Highlands,” which she noted has a “residential business district.”
“That business district is probably 85 percent residential, and with that being said I cannot support the sale of cannabis next to our residents’ homes. I’m not comfortable with that,” said Mazzola. “If we were structured something more like Middletown where we had large strip malls on Route 36 and whatnot, and vast areas where people’s domiciles would not be affected by the sale of cannabis, I would have a different opinion right now.”
With that, she voted “absolutely no, not for Highlands,” which received applause from audience members present that night.
Later, during the public comment portion of the meeting, resident and former mayor Frank Nolan said that while cannabis is legal and he does not have a problem with it being sold in New Jersey, he feels it is not “appropriate” to have around borough residents and neighborhoods surrounded by the business district.
Resident Tina Cameron thanked Mazzola for speaking up about the ordinances and said she looks forward to the public hearing on it, currently slated for July 14. She said the July night is likely to have “a very robust public hearing from all sides.”
Legalization in New Jersey
Sea Bright and Highlands are both able to consider cannabis dispensary operations because of legislation approved by New Jersey voters during the November 2020 election. On Feb. 22, 2021, Gov. Phil Murphy signed adult-use cannabis reform bills into law, legalizing and regulating cannabis use and possession for anyone 21 and over and decriminalizing the possession of marijuana and hashish.
The state has established a Cannabis Regulatory Commission to create regulations “to govern the medical and adult-use industries and oversee the applications for licensing of cannabis businesses,” a press release from the governor’s office states.
“Our current marijuana prohibition laws have failed every test of social justice, which is why for years I’ve strongly supported the legalization of adult-use cannabis. Maintaining a status quo that allows tens of thousands, disproportionately people of color, to be arrested in New Jersey each year for low-level drug offenses is unjust and indefensible,” said Murphy in the Feb. 22 release. “This legislation will establish an industry that brings equity and economic opportunity to our communities, while establishing minimum standards for safe products and allowing law enforcement to focus their resources on real public safety matters.”
The article originally appeared in the May 27 – June 2, 2021 print edition of The Two River Times.
