Over 63% of NJ towns block marijuana businesses, at least for now

TRENTON – More than 63% of New Jersey municipalities have opted out of allowing recreational marijuana businesses within their borders, though it’s possible some will reconsider now that the state Cannabis Regulatory Commission has approved rules for the new industry.

Cities and towns have until Saturday to decide if they want to opt-out of allowing marijuana businesses. Those that don’t opt out cannot for another five years. Those that do are allowed to reverse course at any time and allow such businesses.

An unofficial count by the New Jersey State League of Municipalities finds that 80% of the municipalities about which it has collected information have passed ordinances blocking marijuana businesses – with 360 that have opted out and 90 that have opted in. It doesn’t yet have information on 115 others.

Mike Cerra, executive director of the League of Municipalities, said it was challenging for localities that were facing the same timeline as the state regulatory commission, which just adopted industry rules Thursday.

“They’ve been looking at their options without really knowledge of what the regulations are going to look like ultimately,” Cerra said.

“Many towns have opted out,” he said. “And there’s a group of those who are not necessarily opposed to cannabis or cannabis establishments in the community. They just want to look at the regulations first before they figure out how they’re going to craft ordinances. So, they have essentially given themselves an extension by opting out.”

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Atlantic County municipalities opting in

Absecon
Egg Harbor Township
Galloway
Pleasantville

Bergen County municipalities opting in

Cliffside Park
Elmwood Park
Fair Lawn
Fort Lee
Garfield
Hackensack
Lodi
Maywood
Moonachie
North Arlington
Rutherford
Saddle Brook
Teaneck
Wood-Ridge

Burlington County municipalities opting in

Bass River
Bordentown City
Burlington City
Cinnaminson
Delran
Eastampton
Evesham
Lumberton
Mount Holly
Riverside
Shamong

Camden County municipalities opting in

Barrington
Collingswood
Gibbsboro
Oaklyn
Pennsauken
Somerdale
Voorhees
Waterford

Cape May County municipalities opting in

Woodbine

Cumberland County municipalities opting in

Bridgeton
Millville
Vineland

Essex County municipalities opting in

Belleville
Bloomfield
Irvington
West Orange

Gloucester County municipalities opting in

Elk
Franklin
Greenwich
Woodbury
Woolwich

Hudson County municipalities opting in

Bayonne
East Newark
Jersey City

Hunterdon County municipalities opting in

Flemington
Lambertville

Mercer County municipalities opting in

Ewing
Hamilton
Lawrence

Middlesex County municipalities opting in

Highland Park
New Brunswick
North Brunswick
South River
Woodbridge

Monmouth County municipalities opting in

Aberdeen
Eatontown
Freehold Borough
Matawan
Neptune City
Neptune Township
Ocean Township
Red Bank

Morris County municipalities opting in

Boonton
Butler
Rockaway Borough
Rockaway Township

Passaic County municipalities opting in

Haledon
Passaic
West Milford

Salem County municipalities opting in

Lower Alloways Creek

Somerset County municipalities opting in

Franklin
North Plainfield
Somerville
South Bound Brook

Sussex County municipalities opting in

Andover Township

Union County municipalities opting in

Elizabeth
Plainfield
Rahway
Union

Warren County municipalities opting in

Frelinghuysen
Hackettstown

Cerra said it would be better to check a year from now on the progress of the industry, once the regulations have been available and perhaps fine-tuned.

“This is an industry that’s going to take some time to mature,” Cerra said. “And some of the towns that are opting out are likely to reconsider. There are some obviously that are firm in their position, but there are others who are based on those regulations may revisit it six months or a year from now.”

Bill Caruso, who heads the cannabis law group at Archer Law and was a founding member of New Jersey United for Marijuana Reform, said the large number of municipalities opting out was to be expected, “given the lack of official guidance at this point and overlapping deadlines.”

“I think you’re going to see a large amount of those towns that opted out opt in in the coming weeks now, post hopefully clarity from this commission,” Caruso said. “… I think there are going to be a significant amount of new ordinances redrafted in the September, October range. Folks that are looking for licenses are going to have some clarity on where they can be or where they can’t be.”

Caruso said some municipalities are holding off as they await information about issues such as their regulatory responsibilities and input, the fees that are allowed beyond a 2% transfer tax and what is allowed at consumption lounges.

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Of the 90 municipalities that have already opted in, Caruso said some did so because they’ve had good experience with the 12 medical marijuana dispensary operators and others have designated areas such as industrial parks where they want to encourage growing and processing.

“Other towns are absolutely headstrong about developing retail and attracting into certain areas retail and the traffic that will come along with those retail efforts,” Caruso said. “So, those towns I think have been the frontier folks to go out there and do that.”

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Michael Symons is State House bureau chief for New Jersey 101.5. Contact him at michael.symons@townsquaremedia.com.