By NANETTE LoBIONDO GALLOWAY
VENTNOR The Board of Commissioners Thursday, May 13 introduced an ordinance prohibiting the operation of all cannabis businesses in the city.
Although Ventnor voters overwhelmingly approved the legalization of recreational cannabis, the board decided it would opt-out of allowing cannabis businesses at this time.
New Jersey Gov. Phil Murphy signed the Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act on Feb. 22 allowing the recreational use of cannabis for adults over age 21, however, clear guidance has not been provided to municipalities regarding regulations.
The legislation gave municipalities until Aug. 22 to pass an ordinance opting-in or opting-out of allowing the cultivation, manufacture, distribution and sales of loose leaf marijuana, edibles, creams and a myriad of other cannabis products.
Failing to adopt an ordinance by the deadline would mean cannabis businesses would be permitted in commercial and industrial zones.
If the city agreed to permit 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.
Opting-out will allow Ventnor to revisit its decision to prohibit cannabis businesses at any time over the next five years.
I think the safest bet for us is to opt-out now with the deadline in August and if we change our minds in future years then we can do so, Mayor Beth Holtzman said.
Solicitor Tim Maguire said that because the state has not adopted regulations regarding the operation and enforcement for such businesses, it would be best to opt-out.
How can you opt-in when you're not 100% sure what you are opting-in for. Without a doubt, the prudent strategy is to opt-out, let the regulations be adopted and then if you want to revisit it at that time, you can, he said.
Commissioners Lance Landgraf and Tim Kriebel agreed to opt-out as well.
The ordinance does not prevent people from consuming cannabis products in any form, nor does it prevent cannabis products from being delivered to homes via couriers from outside the city limits.
A second ordinance introduced at the meeting supplements Chapter 170 of the City Code, which bans smoking tobacco and using e-cigarettes on city property. The ordinance revision would also prohibit the smoking, ingesting, inhaling and vaping of cannabis products at any municipal property, including the beach, boardwalk, city parks and recreational facilities.
Anyone violating the no-smoking law faces a fine of between $100 and $1,000 or up to 30 days of community service at the discretion of the municipal court judge.
A public hearing on the ordinances will be held at 5:30 p.m. Thursday, May 27.
Copyright Mediawize, LLC 2021
