Moorestown Discusses Possibilities For Recreational Marijuana Law

MOORESTOWN, 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.

After 68.2 percent of Moorestown residents voted in favor of legalizing the sale of recreational marijuana, and following the recommendations of a committee set up to explore the issue, Moorestown Council appears ready to introduce legislation allowing the sale of cannabis in the township. Read more here: Moorestown Council Hears Recommendations For Recreational Pot

That decision didn’t come Monday night. During the workshop portion of the meeting, Township Solicitor Kevin Aberant shared a draft of proposed legislation that could be introduced July 26. That legislation would permit cannabis to be sold as a conditional use in Moorestown.

The draft did include recommendations of where recreational marijuana may be sold, focusing mainly in the area of the Moorestown Mall, East Gate Square Shopping Center and along portions of Route 38. They wouldn’t be permitted on Main Street or Lenola, Mayor Nicole Gillespie said.

Council members said they didn’t want the opportunity to pass them by while towns such as Mount Laurel, Delran and Cinnaminson move toward allowing dispensaries in their municipalities.

As it discussed when considering liquor stores and microbreweries earlier this year, council spoke about the need to keep the revenue in the township and not allow it to go elsewhere. There was even discussion of using the tax money from the sale of cannabis to help improve life in the township, in the form of economic redevelopment, youth programs, parks or community policing.

And since there is no law prohibiting the transportation of marijuana to homes in the township from neighboring communities, Moorestown residents will be legally permitted to use marijuana even if the township bans businesses from actually operating within the municipality.

But not everyone agrees with the township’s stance.

“When I was the mayor in Medford, we looked at this issue,” Moorestown resident Chris Buoni said. “I see a lot of changes coming very quickly. What’s the rush here?”

He said he understands the financial component, but is concerned about the lingering effects of legalization on the township. He thinks Moorestown should wait and see how the issue unfolds in other towns.

Moorestown resident Greg Newcomer supports the idea, saying people were afraid of legalizing liquor in the historically Quaker town. That has worked out, he said, and he sees cannabis legalization as a benefit for Moorestown.

“Restrictions need to be in place,” resident Kathy Sutherland said. “I don’t want it to be a free-for-all.”

The state has not yet released hard regulations concerning cannabis. A regulatory commission has been formed, but it is not expected to release anything until Aug. 21.

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.

Council members voiced support for allowing all six licenses, taxing them at the maximum amount allowed. Deputy Mayor Sue Mammarella said they should put a cap on retail licenses, and consider a possible cap on delivery. Decisions on restrictions need to be done from the beginning, she said.

“I don’t want to say you can come here now, and later say, no you can’t,” Mammarella said.
Gillespie said prohibiting delivery businesses from opening in Moorestown right off the bat could hurt those businesses in the future, if the township decides to allow them later on.

“If you have a favorite delivery place in Mount Laurel, and then a year from now, we say they can open in Moorestown, will you change where you go,” Gillespie said.

“I don’t want to see a cannabis row, but I see no need to limit delivery,” Councilman Dave Zipin said. “We can’t control who drives through town. It will be here even if we allow no licenses.”

“Right now, we have a good amount of restrictions,” Councilman Quinton Law said, saying he wants to make sure township residents who want to get into the industry have a fair chance to. “One license per zone is too restrictive.”

The legislation would add another chapter to the township code, and incorporate the committee’s findings. Some of what was recommended:

• Dispensaries be indoor only;
• No minimum lot size;
• Dispensaries should be built on land occupied by existing facilities. No new construction should take place as a result;
• No consumption at retail locations;
• No consumption in public places;
• No sales to intoxicated individuals;
• Signs would only be permitted to display the word "cannabis";
• Businesses would be open Monday through Saturday, 8 a.m. to 10 p.m., and 8 a.m. to 6 p.m. on Sunday; and
• Anyone who violates any of the prohibitions would be subject to a $200 fine.