HILLSBOROUGH, NJ – The Township Committee approved an ordinance Tuesday night prohibiting retail marijuana sales, farming and warehouse operations within the township by a 4-1 vote.
The proposed law as written prohibits cannabis establishments, delivery services and distributors from operating anywhere within the Township of Hillsborough, except for the delivery of cannabis and related supplies by a delivery service.
“This ordinance will enable us to evaluate marijuana sales and usage in other communities so we can make an informed judgement on how to approach the same in Hillsborough,” said Mayor Shawn Lipani when the ordinance was first introduced last month. “It is a quality of life issue intended to act in the best interest of Hillsborough residents, families, business owners and visitors to the township, in regard to health, safety and welfare.”
Lipani voted in favor of the ordinance, along with Deputy Mayor Frank DelCore and Committee members Doug Tomson and Janine Erickson. Voting against the ordinance was Committeeman Jeffrey Wright.
The vote came following more than two hours of public comments and statements by the members of the Committee. Wright moved to delay a vote until a June 22 meeting but did not receive any support from the Committee.
Residents critical of the ordinance said the township should consider the revenue that would be created by retail, warehousing and farming operations; the state law legalizing marijuana permits local municipalities to charge as much as two percent on all sales and transactions.
Others pleaded with the Committee to consider the advantages for those who require medical marijuana.
The majority of the public comments were critical of the ordinance, with several residents suggesting it be tabled for a vote in the future, but Lipani, Tomson and DelCore pushed back, complaining that the state law as it is written will not allow sufficient time to make a responsible decision by an Aug. 21 deadline because of the lack of rules and regulations from the state, and the time required locally to promulgate new zoning laws and hold more public hearings once those rules and regulations are issued by the state.
“This is about being prudent and careful,” Lipani said.
“This ordinance has nothing to do with legalization,” DelCore said. “We have the right to know what the requirements will be. We don’t know what we are going to be bound to; we don’t have the luxury of time.”
Tomson added, “We need to see the rules. We don’t have the rules.”
New Jersey voters approved a referendum legalizing Cannabis in the November 2020 election by more than 70 percent; the vote in Somerset County reflected that overwhelming majority. In Hillsborough, 64 percent of voters approved the measure.
On Feb. 22, 2021, Governor Murphy signed into law the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” which legalizes the recreational use of marijuana by adults 21 years of age or older, and establishes a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession.
The five-member New Jersey Cannabis Regulatory Commission has six months to promulgate the laws to oversee the legalization of cannabis; New Jersey is the 13th state to legalize the sale and possession of cannabis.
The law allows municipalities 180 days – until Aug. 21, 2021 – to take action to either prohibit or limit the number, location, and operating hours of cannabis establishments, distributors, and delivery services.
Tomson and Delcore were critical of the CRC because the rules and regulations have not been forthcoming; Lipani pointed out that the CRD was to have met last week, but the meeting was canceled.
If municipalities do not take action within 180 days, by default all 6 license/classes of cannabis would be permitted to operate in the municipality in both commercial and industrial zones as a conditional use.
Municipalities that pass an ordinance within 180 days to ban cannabis establishments or distributor operations can, at any time, reverse that decision and opt-in. However, once a municipality permits cannabis establishment or distributor operations in their community, the municipality may not opt out for 5 years.
This ordinance does not prohibit residents from partaking in cannabis usage on their own property, private club or as the law permits, but it will enable lawmakers to gather more information on how to best approach marijuana sales and usage in the community, according to Lipani.
The state law gives local governing bodies several options, from licensing cannabis retail stores in their business districts to an outright ban on such businesses. The law provides for six different types of licenses that businesses may seek in connection with the recreational cannabis market:
Class 1 License: Cannabis Cultivator (growing cannabis)
Class 2 License: Cannabis Manufacturer (preparing and packaging)
Class 3 License: Cannabis Wholesaler (selling to other wholesalers and retailers)
Class 4 License: Cannabis Distributor (selling between cultivators/establishments)
Class 5 License: Cannabis Retailer (selling to retail customers)
Class 6 License: Cannabis Delivery (delivery from retailers to retail customers).
Wright suggested the Committee consider voting separately on each of the six license classifications, but did not receive any support.
Elsewhere in Somerset County:
On April 6, the Bridgewater Township Council voted to ban the sale of marijuana in the township, approving four related ordinances prohibiting the operation of cannabis businesses within Bridgewater’s borders; the operation of any class of marijuana establishment in all the town’s zones; smoking, vaping, aerosolizing and consumption of cannabis or cannabis items on public property; and recreational cannabis, as a matter of conduct.
On April 15 Bernardsville lawmakers voted in favor of an ordinance prohibiting the operation of any class of cannabis business within the borough’s boundaries,
On April 16, Manville voted to ban retail sales of marijuana;
On April 19, the Somerville Borough Council began preliminary discussions, with most members indicating they would look favorably on the retail sale of cannabis in the 2.5-square mile county seat. A second meeting has been scheduled for May 6 to continue the conversation, according to Mayor Dennis Sullivan.
Franklin Township lawmakers are also in favor of approving retail operations.
The Raritan Borough Council has approved licensing of medical marijuana dispensaries.
