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TOMS RIVER – The township took the first step toward banning businesses that sell, manufacture or distribute marijuana when council members introduced an ordinance prohibiting legal weed sales Tuesday night.
Council members voted 6 to 1 to introduce the measure, which would block marijuana businesses for a five-year period. Councilwoman Laurie Huryk voted against the ordinance, which is scheduled for a public hearing at 6 p.m. May 11.
“In its current form I do not believe it should be introduced,” Huryk said of the cannabis ordinance.
Council members said they proposed the ordinance because of the uncertainty surrounding the rollout of legalized marijuana. Municipalities have until August to pass an ordinance either prohibiting or otherwise setting up regulations for marijuana-related businesses.
Otherwise they will be grandfathered into existing retail and industrial zones. Council members said they felt they had to pass an ordinance in order to give Toms River more time to study the pros and cons of legal marijuana businesses.
“We are not prohibiting it permanently,” Councilman Matt Lotano said. “We are just trying to get our ducks in a row.”
“I’m in favor of the township having control over our zoning, so I vote ‘yes,’ ” Councilman Terrance Turnbach said.
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Gov. Phil Murphy signed marijuana legislation into law on Feb. 22, making New Jersey the 13th state to legalize recreational use.
Under state law, adults over 21 can use and possess up to 6 ounces of marijuana without facing any penalties.
After the new law was signed by the governor, dozens of municipalities moved to block marijuana businesses from opening within their borders, despite the fact that a majority of New Jersey voters supported legalizing recreational marijuana in the November general election.
Brick is the latest Ocean County municipality to block weed-related businesses, adopting an ordinance earlier this week.
The council’s vote frustrated several residents who attended the April 27 council meeting. They pointed out that nearly 64% of Toms River residents supported legalizing marijuana in November’s election.
“We the people decided; it shouldn’t even be up for discussion,” said Toms River resident Bryce Morgan. He noted that there are 53 liquor licenses in town, and that there is police activity at many of them. Morgan contended there is not likely to be police activity outside any marijuana-related business.
“With the tax revenue you are going to lose out, which means we lose out, the residents of this town,” he said.
Assistant Township Attorney Anthony Merlino said the township can “pull back from the restrictions at any time” if Toms River decides to allow marijuana businesses to open in town.
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Towns are not allowed to ban their residents from consuming marijuana, according to state law, nor can they ban licensed cannabis delivery companies from making stops within their borders.
Jean Mikle covers Toms River and several other Ocean County towns, and has been writing about local government and politics at the Jersey Shore for nearly 37 years. She’s also passionate about the Shore’s storied music scene. Contact her: @jeanmikle, jmikle@gannettnj.com.
This article originally appeared on Asbury Park Press: Toms River moves to ban marijuana businesses, some residents object
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