Recreational Marijuana Businesses Approved For Cinnaminson

CINNAMINSON, NJ — Recreational marijuana establishments that are licensed by the state are now permitted to operate in Cinnaminson after legislation that was passed at Monday night’s Township Committee meeting.

That doesn’t mean dispensaries will begin popping up in the township, Mayor Albert Segrest said. Township Committee’s 5-0 vote to allow cannabis establishments as a permitted use in the township just sets the parameters so if a business does want to come into the township, there are already laws in place.

“We were tasked with helping develop a vision of how we think about the topic as a whole,” Township Manager Eric Schubiger said. “When people want to bring a new business into the township, there is a process that involves the planning board and the zoning board. That gets lost a little bit, but we need to keep that in mind.”

After the legislation was introduced at the June 21 Township Committee meeting, it went before the planning board, which has ruled that having recreational marijuana establishments in the township is consistent with the township’s master plan, and they will be limited to a certain area of the township.

Township Committee introduced legislation Monday night that amends the township’s zoning code to specify that any use not expressly permitted is prohibited, and the marijuana establishments that open in the township will be subject to a tax.

The township also took steps to ensure that only the legal sale of marijuana takes place within the township’s borders. Part of that includes the mandatory installation and operation of security cameras that cover the inside, outside parking areas and entrances.

One resident questioned when the businesses would have to supply footage from those cameras to police without a warrant, but Segrest said that is a requirement of all businesses.

“From working in retail, I can say that is standard,” Segrest said. “If there was a crime in my store, I would gladly give police a video if it helped them.”

The township solicitor pointed out that videotaping of establishments was required under the medical marijuana law, and that it would likely be required under the state law overseeing the use of recreational cannabis.

After New Jersey voters approved the use of recreational marijuana through a referendum in November, the state set up a cannabis regulatory commission that is expected to release its recommendations regarding the sale of recreational marijuana on Aug. 21.

However, municipalities have until Aug. 22 to make a decision regarding the sale of recreational marijuana in their towns.

Municipalities 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.

By approving this legislation, Cinnaminson is taking control of the sale of cannabis in the township, but certain things remain unclear. One of them is how these establishments will interact with federal banks, which is something officials expect to be covered by the commission. It is not something local officials have control over.

One thing the state has done is establish 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.

Cinnaminson’s law allows those with licenses covered by all but Class 5 to operate at a permanent location 24 hours a day, although retail sales may only take place between 9 a.m. and 10 p.m.
Those holding Class 1 and 2 licenses may include an area used for selling items and supplies to consumers, but that area can't exceed 10 percent or 3,000 square feet of the total property, whichever is smaller.

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

The tax system was set up with the approval of a separate ordinance Monday night.
The township took steps to ensure recreational marijuana isn't used in public, including a provision in the proposed ordinance that explicitly states, "public consumption of cannabis, including that prescribed by a licensed clinician in accordance with State regulation, is not permitted unless ingested at a state and locally licensed consumption area."

It also specifically banned smoking, vaping or aerosolizing marijuana in any place where smoking tobacco is already banned, as well as in bars, restaurants and sports venues.

The establishments themselves would not be permitted within 200 feet of a residence, house of worship, school, child care or other similar businesses.

The establishments wouldn't be considered farmland, and would not be protected as such. They also aren't eligible for a Payment In Lieu Of Taxes (PILOT) program.

Each establishment will be required to provide an air treatment system that prevents any odors from being smelled outside the facility.

They can't have signs that promote the excessive use of cannabis, and they can't advertise in restricted areas, including parks and schools, among other areas.

All legislation came on the recommendation of a sub-committee that was formed when the township committee delayed a vote on how it would be handled locally because a state vote was canceled. Read more here: Cinnaminson Committee Delays Vote On Recreational Marijuana Ban

It intensified its work after the sale of recreational marijuana received approval from voters in November's referendum.