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TOMS RIVER – After much back and forth, the Township Council banned the sale of cannabis products until the end of the year.
The bills signed by Gov. Phil Murphy in February defines a comprehensive regulatory and licensing process for commercial recreational cannabis operations, and gives municipalities 180 days to adopt regulations governing the number of cannabis establishments within the town’s boundaries.
The legislation allows municipalities to pass laws that prohibit any one or more classes of cannabis establishments, distributors or delivery services within its boundaries, as well as the location, manner and times they could operate.
If they did nothing, then legalization would go forward. Even if the town decided to create a ban after that, any businesses that were created would be grandfathered in. Several towns have made the decision to ban now and revisit the issue later.
Throughout the entire previous year, once it became known that legalization was going to be on the ballot, towns around Ocean County made a choice. Many of them installed pre-emptive bans that were more ceremonial than anything else. State law always overpowers local laws, so any ban would have been in name only. Some officials figured it wasn’t worth paying the township attorney to draft a resolution that would be voided.
Once the state regulations were released in February, it gave towns something to work for or against.
There is a sunset prohibition on the ban, Councilwoman Laurie Huryk said, which means that it will expire at the end of the year. This gives officials time to determine if there is a place for these businesses in town. There are ways to zone the town so that the businesses can only be in certain areas, for example.
There was a committee of local officials formed to debate what should be done with the legalization issue.
Councilman Matthew Lotano said how the bill explaining what legalization would look like is 245 pages long, so it was not something that the town wanted to rush into.
The ordinance creating the ban passed 5-1, with Councilman Joshua Kopp abstaining.
“I think Toms River is a family town, not a party town,” Councilman Daniel Rodrick said.
However, the Township Council could decide to renew the ban.
Like everything else, legalization could become a political football. Since a majority of Toms River residents voted in favor of legalization, this could become a topic for an election where four council seats will be decided. Already, many people have come out to meetings to give their opinion – for or against it.
Lakehurst and South Toms River, two small towns on the edge of larger towns, have opened their doors to cannabis businesses.
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