Recreational Marijuana Businesses Considered For Moorestown

MOORESTOWN, NJ — After much public discussion, Moorestown Council introduced a proposed ordinance to permit state-licensed recreational marijuana businesses in the township Monday night.

The proposal allows recreational marijuana to be sold in the township as a conditional use in specific areas. This includes 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.

The township would permit four licenses to be sold, half of which would be allocated for local entrepreneurs. The proposed ordinance prohibits public consumption and sales to anyone who is already intoxicated.

Councilman Dave Zipin asked if police will be trained on how to identify someone who has been using marijuana, saying there are signs a police officer can look for when it comes to identifying someone who is intoxicated.

Township Solicitor Kevin Aberant said he wasn’t sure about training, but that the standard ordinance for engaging in disturbing behavior could apply in this instance.

The businesses’ signs are not allowed to include any images, or any slang terms that are used for cannabis, including marijuana, weed or pot.

The introduction follows two public discussions on the issue. Read more here: Moorestown Discusses Possibilities For Recreational Marijuana Law

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.

Each municipality has three options. 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.

The state's cannabis commission won't issue regulations concerning recreational marijuana until Aug. 21. With municipalities having until Aug. 22 to make a decision, they have to make a decision before they know what the regulations will be. In introducing a proposal, Moorestown is taking control of the issue early.

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.

The state has 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.

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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.

A portion of the taxes collected on these businesses by the township will be reinvested back into the community, although officials couldn’t say exactly what that would look like without knowing how much it will be.

Former Medford Mayor and current Moorestown resident Chris Buoni reiterated his concern from a previous meeting that the township is moving too fast.

“I don’t think marijuana should be illegal, but distribution is different,” Buoni said. “This is just chasing money.”

Moorestown resident Kathy Sutherland said she supports the proposal, saying marijuana has medicinal benefits.

Moorestown Council approved the proposed ordinance with a unanimous 4-0 vote. The public hearing and final vote will take place at the Aug. 9 meeting.