By Allison Perrine
MIDDLETOWN – Officials extinguished the potential for cannabis dispensaries in Middletown Monday night with the committee’s unanimous approval of an ordinance banning such establishments and related licenses township-wide – at least for now.
The decision came nearly a month before the Aug. 21 deadline set by the state for municipalities to either permit or ban adult-use cannabis in their towns, after the state legalized the substance and its possession for adults 21 and older. But township officials argue that the current state guidance on the matter and its regulations are unclear and insufficient.
“The Cannabis Regulatory Commission has not issued one announcement or press release since March 24. Not one,” said Mayor Tony Perry Monday night. “We are taking the step to ensure that we’re doing everything we can because at this point, not a single one of the 565 municipalities anywhere in the state of New Jersey – whether they are controlled by Republicans or whether they are controlled by Democrats, it doesn’t matter – because both of them are doing the same thing. Many of them are banning it because there is absolutely no regulations.”
The township will have the chance to amend the ordinance in the future should officials decide they want to allow dispensaries to open down the road. But for now, no classes of cannabis licenses are permitted in town aside from the delivery of cannabis items and supplies by a delivery service that is not subject to local jurisdiction. The ordinance also does not impact medical marijuana and “in no way” impacts the legality of recreational cannabis use by adults over 21 within the township.
According to the ordinance, the township supported the ballot question in November 2020 which asked residents whether or not cannabis should be legalized statewide. However, though the referendum question was approved by an overwhelming majority, it “did not specify with any particularity how legalized cannabis use for adults would be implemented into law,” the ordinance states. Due to the “present uncertainties governing the licensing process at both the state and local level,” and the “very limited amount of time” permitted to establish zoning regulations for this new class of commercial uses of property, officials are opting against it.
“The state of New Jersey passed this and I fully respect the vote that was taken, but at the same time the enabling legislation that was then put into place does not give any type of insight or any type of guidance to the 565 municipalities nor for that matter the 21 counties that encompass this state,” said Perry.
During the July 19 meeting, people who spoke during the public hearing on the ordinance had mixed views on the ban. River Plaza resident Joseph Pascarella said he understood why the committee is against dispensaries in town and supports it. “We feel with the state of New Jersey being the most densely populated state in the country that the possibility that there will be many more traffic accidents is very likely,” he said. “Plus, it’s really not good to have easy access for younger people to get this stuff because they will get it, as you know…just make it harder. Even though they will still get it, at least perhaps it will slow it down.”
Similarly, North Middletown resident Greta Siwiec thanked the committee for its “commitment to the quality of life” of township residents. “The negative effects of recreational marijuana cannabis businesses to communities across the country are well documented, yet are pushed aside by the cannabis industry and its culture in lieu of favorable statistics that have nothing to do with the quality of life,” she said. “Quality of life should always outweigh financial considerations.”
Middletown resident Rosemarie Newberry, on the other hand, said she was opposed to the ordinance and hoped to see the township “embrace the new law” that has been approved by the state. “I believe now that marijuana access should be equal to access of liquor stores. I do understand that we may want to have these stores not near schools and other kinds of restrictions, but not a five-year moratorium on having these stores.”
Newberry also argued that if the township does not allow dispensaries in town, people will travel to other municipalities that do allow it and it will be a loss of potential revenue for Middletown. “I would like to see people not driving so far and in this town be able to have access to it,” she said.
Perry clarified that this is not a five-year ban – it’s the opposite, he said. If the township did not act before the Aug. 21 deadline, the township would be “locked in to whatever regulations” the state Cannabis Regulatory Commission creates. “At any point, any municipality that opts out of this marijuana legislation that was passed by the legislature, that allows you to get back in at any time.”
Edward “Lefty” Grimes, a representative of the Sativa Cross 501(c)(3) nonprofit that advocates for disabled rights and cannabis patients’ rights, was frustrated that the language of the ordinance did not specifically mention medical marijuana and argued that it meant the township was excluding those facilities as well.
“No matter what you try to say and backpedal out of this, you’re including medical in this ban because you have no place where you’re going to zone anything for medical cannabis,” said Grimes. “You’re playing political football with the sick and the dying. You’re playing political football with our disabled vets, and that really bothers me.”
The article originally appeared in the July 22 – 28, 2021 print edition of The Two River Times.
