NJ Towns Face Tight Deadline on Banning Weed In Their Municipality
Cities and towns in New Jersey will soon have to decide if they will ban businesses that grow, process and sell marijuana, even though there is still much that remains unknown about how the state’s powerful cannabis commission will regulate the new industry.
The Cannabis Regulatory Commission held its fourth meeting Tuesday and dozens testified. Many shared municipal concerns — like zoning, traffic and local control — and others spoke about regulating certain cannabis products like concentrates and edibles.
Municipalities have until Aug. 21 to pass ordinances banning all cannabis businesses or limiting their presence within their borders, meaning, they could restrict the number of dispensaries or decide to only allow growing of cannabis, but not its sale. If they do nothing, they will not be able to ban businesses for five years.
But the Aug. 21 deadline collides with a deadline the commission faces to unveil its rules and regulations governing the cannabis industry.
That will likely force municipalities to make their choice before they can review the full regulations.
“We are facing a lot of challenges with this deadline,” said Steven Pardalis, who is part of a group advising Bloomingdale on how to handle cannabis. “We have very little understanding of what our next steps are supposed to be.”
He said the small North Jersey town is open to sales, but without more information may move to ban sales and change its ordinance later. Bloomingdale is not alone — many towns have already opted out cautiously, fearing dispensaries will change the character of their town.
“We have to refrain from this lingering stigma of 80 years, this fear-based messaging,” said Krista Nash, one of the commissioners. “Erasing a stigma that has been perpetuated for many years is extremely difficult. But it’s not impossible.”
New Jersey voters said yes to legalizing marijuana last November by a 2-to-1 margin, but legal sales to those over 21 cannot begin until the commission establishes rules and licenses new dispensaries and grow facilities. Those will all need local approval from the cities and towns where they set up shop.
Janice Kovach, mayor of Clinton and president of the League of Municipalities, said cities and towns have concerns about increased traffic when dispensaries open and asked the commission to give municipalities control over certain zoning issues and ways to discipline bad actors.
“A one size fits all approach will not work,” she said, noting each city or town will have its own concerns.
She also urged the commission to ban cannabis gifting by unlicensed, commercial companies. These have popped up around the state this year, where companies sell cookies or snacks and then gift the buyer with weed.
The commission also sought comment Tuesday on cannabis concentrates and edibles, and concerns about high-potency products.
Beatriz Carilin, a professor at the University of Washington, said research has shown using some high-potency products has a correlation to schizophrenia. Studies so far are limited.
But Dr. Mikhail Kogan, a member of Doctors for Cannabis Regulation and professor of medicine at George Washington University, said trying to control dosing and potency is less effective for safety than putting a focus on labeling and childproof packaging, as well as educating the public on how to properly dose. If the state limits what people can buy, they may buy more or turn to the illegal, unregulated market, he said.
“The marketplace should determine product availability,” said Charles Gormally, co-chair of the cannabis law practice at Brach Eichler in Roseland. “The product mix is determined by what is popular among the population” in other states.
Ken Wolski, a patient advocate and executive director of the Coalition for Medical Marijuana, said he believes patients should have access to “anything” they need, noting some patients have conditions that make smoking difficult or dangerous.
“Some edibles have gotten the wrong reputation because inexperienced users tried them or disregarded the warnings,” he said. High-potency items should have warnings and dosage recommendations, he said.
The commission voted to approve three new medical marijuana dispensaries that will be run by currently licensed companies. They are Ascend Wellness in Fort Lee and Curalaef dispensaries in Edgewater Park and Bordentown.
But there’s still no word on when the commission will announce the awardees of two dozen new medical marijuana licenses. More than 150 people and companies applied to grow, process or sell marijuana in 2019, but a lawsuit shutdown the review of the applications for more than a year.
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