Ocean City says no to all marijuana biz

By BILL BARLOW/Special to the Sentinel

OCEAN CITY – In a vote after extensive discussion, Ocean City Council on Thursday, April 8, unanimously approved an ordinance banning cannabis-related businesses anywhere in the city.

Councilman Jody Levchuk expressed concern about the availability of cannabis for those with state approval for its medicinal use. He said he agreed to move forward with the ban with the understanding that the city would explore options for medical cannabis users in the coming months.  

At the same meeting, council members discussed introducing a further ordinance banning smoking or vaping marijuana or related products in public places anywhere in town. The city already bans cigarette smoking on the Boardwalk, in parks and on the beach. As proposed, the new ordinance would explicitly include cannabis in that ban, as well as cigars, pipes and all kinds of vaping. 

An ordinance is set to be introduced at an upcoming meeting. Cape May and Middle Township have already moved forward on similar limitations, with their attorneys advising that without them, the state law as written would allow people to smoke cannabis on sidewalks and other public places. 

City attorney Dottie McCrosson presented a draft ordinance at the meeting, saying it makes clear that smoking or vaping of tobacco or cannabis products are not allowed on streets, sidewalks, at outside dining facilities and other public property. 

Levchuk supported the smoking ban, but had doubts about preventing all cannabis-related businesses from locating in town. No matter what is being smoked, it should not be in public in Ocean City, he said. 

“My only concern about this is limiting anybody that has a prescription with a debilitating disease that has turned to using this product instead of hardcore narcotics or anything else, that currently is available at more than I can hold up on two hands, places in our town right now,” he said. He described some of the painkillers available by prescription as garbage. 

Because marijuana remains a schedule 1 substance at the federal level, it cannot be prescribed by a doctor without risk to the doctor’s medical license. Instead, a doctor can recommend its use for specific ailments, which for the past several years has been how medical marijuana cards are issued for the New Jersey program. As McCrosson pointed out, the substance can only be legally sold at a licensed dispensary and is not available at pharmacies. 

“I don’t want to say, hey, Somers Point will allow it,” Levchuk said. “I don’t want to bank on that for people of our town that do have debilitating diseases and depend on having medicinal marijuana.” 

For many, he said, cannabis is the only thing that works to improve their quality of life. He said he does not have a debilitating disease. 

“But I am a medical marijuana patient,” Levchuk said. He said he has his own business and a vehicle, and his condition is not as severe as some people’s. “I also have a hard time with getting the medication.” 

At previous meetings, cannabis patient advocates made similar arguments, that acquiring medical marijuana can be a considerable expense and difficult for physically limited or ill patients. None of the advocates spoke at the public hearing on the ordinance. 

“I know first-hand that it is a big deal for plenty of people, and plenty of them that live on this island,” Levchuk said. He said he does not want to send a message that Ocean City is pot friendly. 

Other members of council agreed that there is a place for cannabis for medical conditions. That included from Councilman Michael DeVlieger, an outspoken critic of legalization for adults, who agreed that there are legitimate medical uses for the plant. 

Councilman Keith Hartzell said someone will likely launch a business delivering cannabis. 

 “I think somebody’s going to make a very tidy living on delivery here,” he said. “I’d be shocked if someone doesn’t take up on this.”

“If certain liquor stores can deliver here, I see no reason that a responsible dispensary couldn’t do the same,” said DeVleiger. 

It sounds as though the city would not need to take action to allow delivery. Under the package of laws signed by Gov. Phil Murphy in February, towns will not be able to prevent the delivery of cannabis to adults, according to several legal opinions. 

According to McCrosson, the city has 180 days from that signature to put in place any limits to cannabis businesses, or else the law will impose the default zoning limits. Otherwise, she said, the city will have to wait five years to impose new limits. 

However, at any time the city can ease the limits it does enact. 

She said members of the administration went over the city’s zoning maps to see if there was any place where a dispensary would work, what she said council would have to do if members decide to allow a medicinal dispensary. She said the administration did not want anything close to schools, the community center or residential areas. 

“We were trying to figure out which zone could this work in,” she said. “As we went through these areas, there was no place in town where the administration felt it could safely occur.” 

The approved ordinance amends the city zoning. It does not have any impact on the right of those over 21 to possess up to 6 ounces of legally-purchased marijuana or to use it in private. 

McCrosson offered to work with Levchuk to go over the city’s zoning map to see if there was a zone where it could be allowed. But she also cautioned that a change could also permit the use in another area in the same zone. 

The city already approved a similar ban, before the state law was approved, but according to McCrosson, that law was thrown out when the new state law was approved. 

City Council President Bob Barr said he would not want to see multiple businesses opened in the city. Councilman Tomaso Rotondi said a medical-use dispensary might not make enough money to open, compared to one that sold to general market for adult use. 

“If this crazy governor and the rest of them stay in office for another four years, who knows that they’re not going to make other drugs legal and it gets expanded into these operations,” DeVleiger said. “There are arguments to legalizing drugs. I have no desire to live in Amsterdam. I think we’ve kept tight reins on this community and it’s served us well.” 

“We don’t allow alcohol. We shouldn’t allow any marijuana or cannabis or whatever you want to call it,” said Councilwoman Karen Bergman. She wanted to make sure vaping of all kinds was include in the planned ordinance. 

Resident Dave Breeden supported the cannabis ban and plans to limit smoking in public. 

“That helps us maintain our family values,” he said. 

Levchuk joined the other members of council in voting yes on the zoning ordinance, which was also reviewed by the Planning Board. If introduced at the April 22 meeting as proposed, a public smoking ban would require a public hearing and final vote before taking effect.