Legalization of Marijuana Brings New Concerns for New Providence
May 3, 2021
In November of 2020, New Jersey residents voted to legalize marijuana for adults 21 and over. Governor Murphy clarified that anyone under the age of 21 seen in the possession of cannabis will face penalties.
In a legislative briefing by the state of New Jersey, it was stressed that all municipal ordinances applying to the regulation of cannabis do not apply. From now on, local municipalities are subject to the state’s ordinance drafts regarding cannabis policy. Municipalities can also consider their own cannabis tax that may now exceed 2% for the cultivator, manufacture, and/or retailer; and 1% for wholesalers. However, the municipality may not prohibit the individual delivery of cannabis to households residing within their jurisdiction. All news regarding the legalization of cannabis can be found on the New Jersey State League of Municipalities (NJLM) website where FAQs can be read and previous breakdowns of information can be found
Lately, New Providence has taken steps to ban cannabis businesses from selling in town.
On April 13, over Zoom, NP Mayor Al Morgan and the Borough Council discussed the NJ Senate bill legalizing the vending and use of recreational cannabis. By August 22, 2021, individual municipalities may disallow cannabis businesses from operating. For a town such as New Providence looking to ban cannabis for the time being, it is crucial that action is taken now or else cannabis businesses can run for five years.
The Mayor and most council members disagree with allowing the sale of cannabis in New Providence as they think the negatives outweighs the positives. Ultimately, when introducing a drug such as marijuana to a region, not entirely cognizant of the impact it may have, caution must be employed to make sure any type of transition happens as smoothly as possible.
Recently, the Council went through with a draft ordinance on the ban of marijuana in a Zoom meeting on April 27. In the draft ordinance, the Borough Council proposes inhibiting all of the six classes of cannabis businesses: Cannabis Cultivator license, Cannabis Manufacturer license, Cannabis Wholesale license, Cannabis Distributor license, Cannabis Retailer license, and the Cannabis Delivery license.
Under the discretion of the borough, cannabis businesses may be considered for operation in New Providence even after the ordinance is passed.
As of now, the state of New Jersey predicts that recreational marijuana could hit the market in a matter of months. As was the case in New Providence, each municipality will be taking their own stance on the issue to seek what is best for their own residents.
Local residents in other New Jersey municipalities will most likely only be able to acquire the recreational cannabis they desire through dispensaries in 2022. State officials will be responsible for giving the regulations and award licenses to any cannabis businesses who wish to sell on the legal market.
With time ticking, the borough must act now if it intends on following through with its plans.