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By NANETTE LoBIONDO GALLOWAY
VENTNOR The Board of Commissioners is considering if it will permit the sale of cannabis products in the city. The commissioners discussed the issue during their April 9 meeting, but took no formal action.
Solicitor Tim Maguire said the city has until the last meeting in May to decide if it will introduce an ordinance to allow or prohibit cannabis businesses within its jurisdiction.
We can discuss it, but you can't discuss it for a long time, Maguire said. If we are going to say yes or no, there must be an ordinance introduced at the last meeting in May and adopted in the first meeting in August.
New Jersey municipalities have until Aug. 1 to pass an ordinance opting-in or opting-out of allowing the growing, manufacture, distribution and sales of loose leaf marijuana, edibles, creams and a myriad of other cannabis products.
On Feb. 22, Gov. Phil Murphy signed three bills to legalize cannabis in New Jersey for adults 21 and older and to decriminalize it for people under 21. The legislation gave municipalities 180 days to determine if marijuana sales will be allowed. Any pre-existing ordinances governing the sale of cannabis were nullified by the legislation and must be re-adopted to be effective.
If the commission fails to enact an ordinance, it will be open season for establishing one of five classes of cannabis businesses anywhere zoning would permit.
The only license that we in Ventnor should think about is Class 5, for it to be sold in Ventnor, Mayor Beth Holtzman said. I didn't see any other licenses pertaining to us, but I could be wrong.
She said it would be one of the commission's toughest decisions.
Although she is concerned about the image of the city as a homey place, the city already has 13 liquor distribution licenses, with a soon-to-be third consumption license, and no one has a problem with that, she said. Will they have a problem if we allow someone to open retail store for marijuana?
She said allowing sales would offer more control over buying street drugs from dealers who will try to sell other drugs as well.
You go into a store selling marijuana, that's all they have. It's controlled and it's safer, she said.
If the city decides to opt-in on the sale of cannabis, the ordinance would be effective for five years, after which, the city could decide to re-adopt the ordinance or opt-out of future sales.
However, if the city opts-out of allowing it at this time, it can opt-in at any time.
A municipality cannot prevent the delivery of cannabis products from a business located outside of the city, Maguire said.
Commissioner Lance Landgraf said medical marijuana is already available to city residents.
I'd rather opt out now and have the availability once we see how it rolls out to op back in, than to be stuck with something we don't know will happen, Landgraf said.
Municipalities that agree to allow cannabis cultivation, manufacture or sales in their community will be able to enact a 2% cannabis tax.
Opting out gives us more options, Commissioner Tim Kriebel said. The windfall is not really there. You would have someone operating a half-million dollar business to get $10,000 in tax revenue. That's not the main motivator, it's if the city is ready for it.
Police Chief Douglas Biagi advised the commission to take its time in making its decision but advised that the public will be allowed to smoke on private property. He recommended amending the city's current ordinance that bans smoking on the boardwalk and on public property.
Ventnor is on the edge of greatness, and we can't grow too quick and do a knee-jerk reaction to every legislation that comes from the state. We need to keep our balance and our level-headedness, he said. See what other cities are doing&take it slow.
The board instructed Maguire to prepare an opting-out ordinance for the next meeting.
https://ocnjdaily.com/ocean-city-council-bans-marijuana-sales/
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