Cherry Hill Makes Move To Ban Recreational Marijuana

CHERRY HILL, NJ — After New Jersey voters approved the use of recreational marijuana through a referendum in November, municipalities statewide were given until Aug. 22 to make a decision.

They can prohibit the sale of cannabis in their municipalities, lifting that prohibition at any time. They can allow the sale of cannabis, but it has to be permitted for at least five years. Or, they can do nothing, and lose all control over the regulation of the sale of cannabis in their townships.

With no word on hard regulations from the state, Cherry Hill has chosen to pursue the first option, at least for now.

Cherry Hill Council unanimously approved a proposed ordinance on introduction Monday night to prohibit the operation of any cannabis business within the township. A public hearing and final vote on the matter will take place July 26.

The state’s regulatory commission is expected to release regulations on Aug. 21.

“If we’re going to move forward, we want to make sure we do it right,” Cherry Hill Council President David Fleisher said. “We’ve spoken to plenty of residents who are supportive of us making sure we do it the right way.”

Fleisher said that with the regulations coming so close to the deadline for municipalities to make their decision, he was uncomfortable with opting-in to something they don’t yet fully understand.

While the vote was unanimous, members of council felt they should be doing more now to make sure they can make an informed decision by the end of the year, which is what Fleisher said the township’s goal is.

“When we postpone things, they tend to languish in a pile and nothing gets done,” Councilwoman Carole Roskoph said. “This is too important for us not to have a plan.”

“We can take three to four months to dissect this and see if moving in a different direction seems reasonable,” Fleisher said.

“We’ve had five months (since the November vote), and we haven’t done anything,” Roskoph said. “It’s time to start the conversations.”

She said decisions such as zoning and taxes can be made without knowing what the regulations will be. The state has established six types of licenses, and each license carries with it a set amount for taxation. (See below).

Councilwoman Jennifer Apell agreed, saying that by the end of the year, she wants council to be in a position to make a more informed decision.

Councilman William Carter pointed out that while the businesses might be banned in the township, residents can still legally get recreational marijuana delivered to their homes.

“If we opt-out, someone else can still deliver into the township,” Carter said.

Residents Jamell Rosario and Barbara Coppens were in favor of the ban.

“I commend you for this decision,” resident Jamell Rosario said. “It’s called leadership. This was not an easy decision to make. The state did not give you enough time to make a decision on such a major issue. This is a serious issue, and I tip my hat to you for your courage.”

Resident Ilana Yares said she was disappointed in the council’s decision, saying the township should’ve pushed the state to release their regulations earlier.

“I don’t want us to miss out on sales or on the taxes,” Yares said. “The township might not need the money, but the school district does, and their taxes are handled by the township.”

As part of the legalization process so far, the state established six types of licenses:

• Class 1: Cannabis Cultivator license, for facilities involved in growing and cultivating cannabis;
• Class 2: Cannabis Manufacturer license, for facilities involved m the manufacturing, preparation, and packaging of cannabis items;
• Class 3: Cannabis Wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
• Class 4: Cannabis Distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
• Class 5: Cannabis Retailer license for locations at which cannabis items and related supplies are sold to consumers; and
• Class 6: Cannabis Delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer. It also includes services that would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.

Anyone holding a Class 1, 2, or 5 is subject to a 2 percent municipal transfer tax on the lawful sale of marijuana, and those with a Class 3 license are subject to a 1 percent tax.