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Marlboro officials take first step to prohibit cannabis sales, production in town

MARLBORO – The members of the Marlboro Township Council have introduced an ordinance that will, if adopted, prohibit the operation of any class of cannabis licensed business in the municipality.

“We understand (adult use marijuana) is legal, but we don’t believe it adds to the value of residents in Marlboro in terms of sale and production,” Mayor Jonathan Hornik said following the June 17 introduction of the ordinance.

A public hearing on the ordinance has been scheduled for July 15. Members of the public may comment on the proposed legislation at that time. The council members may take action on the ordinance following the public hearing.

The ordinance states the council members have “determined it is necessary and appropriate, and in the best interest of the health, safety and welfare of Marlboro’s residents and members of the public who visit, travel or conduct business in Marlboro to prohibit all classes of cannabis establishments, distributors or delivery licenses and
services anywhere in Marlboro.”

The potential action in Marlboro follows the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, also known as A-21, which was approved by state legislators in February after New Jersey residents voted in 2020 to approve a constitutional amendment to legalize marijuana.

The state legislation legalizes the use of recreational marijuana (also called adult use marijuana) for certain adults, subject to state regulation; it decriminalizes the possession of small amounts of marijuana and hashish (a marijuana concentrate); and it removes marijuana as a Schedule I (high potential for abuse) drug.

By Aug. 21, municipal officials in every New Jersey municipality must decide whether any or all of the state’s approved cannabis businesses will be permitted to operate within their borders. If they do not act, automatic zoning will permit the operation of cannabis businesses.

Municipal officials have the option to issue six types of licenses related to cannabis:

• Cannabis Cultivator license, for facilities involved in growing and cultivating cannabis;

• Cannabis Manufacturer license, for facilities involved in the manufacturing, preparation and packaging of cannabis items;

• Cannabis Wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;

• Cannabis Distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;

• Cannabis Retailer license, for locations at which cannabis items and related supplies are sold to consumers;

• Cannabis Delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer; this service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.

Marlboro’s council members are proposing to not issue any type of cannabis license. They may not, by law, prohibit the delivery of cannabis and cannabis supplies in Marlboro by a delivery service that is licensed in another municipality.

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