Council splits 5-2 in favor of ordinance
By CRAIG D. SCHENCK/Sentinel staff
NORTHFIELD — City Council voted 5-2 to introduce an ordinance that would allow four types of cannabis businesses to operate in the city.
All municipalities in the state are up against a deadline of Aug. 21 to permit, prohibit or otherwise limit cannabis businesses or be stuck with them for five years, with those that opened during that time able to continue despite later restrictions.
New Jersey voters approved a ballot questions in November 2020, with 67 percent statewide approving the decriminalization of marijuana possession and consumption and creating six types of businesses permitted to operate. Gov. Phil Murphy signed the measure into law. Seventy percent of Northfield voters approved the ballot question.
The types of licenses permitted are cultivator, manufacturer and retailer, on which municipalities may enact a local tax of as much as 2 percent, and wholesaler, on which cities can charge as much as a 1 percent tax. The final two types are distributor and delivery.
Northfield would prohibit cultivator and manufacturer but allow the others under the ordinance, which is subject to a public hearing and final vote set for Aug. 10.
The businesses would be restricted to the Regional Commercial Zone on Tilton Road, from Deborah Avenue to the border with Egg Harbor Township.
Council President Tom Polistina opened the discussion during a meeting June 15, saying solicitor Kris Facenda prepared two ordinances for consideration — one would permit marijuana-related business and the other to prohibit them.
The state still has not created the framework for the marijuana program, leaving a lot of questions.
“We don’t know what the state is going to come up with,” Polistina said. “A lot of people who voted for this didn’t know what was coming.”
He said the city would be dealing with the fact that marijuana is legal and available whether the city allows the businesses or not.
“If we prohibit it we can opt in any time,” Polistina said, suggesting that would be the wisest move until the state finalizes the program.
Councilman Paul Utts, who led the committee that studied the issue and has advocated for permitting cannabis business in the city from the beginning, countered that there may be a limited number of licenses allowed and that permitting the businesses from the beginning “would give them lead time,” saying the city could miss out otherwise.
“In this business there are no secrets just head starts,” he said. “People may look elsewhere.”
Councilwoman Barbara Madden said the city “could lose a valuable opportunity.”
Polistina, who heads the finance department, said “investors will go where they think they will do the best.”
Utts noted the businesses are already getting set up and that it takes a large investment to do so.
Madden said it’s City Council’s job to represent the people’s wishes.
“We cannot ignore the 70 percent that want this,” she said, saying the fire department is working on a skeleton crew and the police chief wants more officers the city can’t pay for.
“Not at that cost I don’t,” Police Chief Paul Newman replied.
Newman said he is not in favor of allowing the businesses until he knows more.
“You don’t know what’s coming down the line,” Newman said, characterizing permitting the businesses before the state finalizes the program as “putting the cart before the horse.”
“We have zero experience. How do you prepare? You literally don’t know what you don’t know,” the chief said.
Newman also questioned how allowing the businesses would affect the quality of life in the city.
“How is it going to improve your life putting marijuana on Tilton Road?” he asked.
Councilman Brian Smith, who has been vehemently against the idea from the start, restated his objection.
“I don’t want it, I don’t want it to be in my town. The money doesn’t matter,” he said, noting the irony in that the city had an ordinance on the agenda creating the Northfield Municipal Alliance, a committee of stakeholders with experience dealing with drug and alcohol abuse and addiction.
Facenda, who has urged caution from the beginning, said the city can always choose to allow the businesses but could prohibit them only now.
“You can opt out tonight and opt in next month,” he said. “If you don’t do anything, you get all six classes anywhere. You could opt out, revisit it, figure out what you want and where you want it. If you are on the fence you should opt out tonight.”
Councilman Frank Perri said the city could use the tax revenue that could be generated.
“I see this as an opportunity to provide tax relief,” Perri said. “It’s been very difficult to balance the budget and I would hate to see this opportunity pass.”
He said among the bills City Council would be paying that night were “million-dollar payments going to the school, hundreds of thousands of dollars for health insurance.”
“People are selling it now and all of the money goes to them,” he said. “The bottom line is we are in the business of regulating a billion-dollar cannabis industry in New Jersey.”
The draft ordinance included a 500-foot buffer between any marijuana-related business and a residential zone, which would limit where the business could operate to just a small portion of the Regional Commercial Zone. After discussion, it was removed.
Part of the ordinance prohibits smoking of all types on the bike path.
Council agreed to prohibit consumption, so cafes and smoke rooms are out, but approved moving forward with the ordinance. Smith and Polistina voted against it.
Only one woman spoke during the public comment period. Heather Mellon, a crossing guard, said she has talked to a lot of people about the issue. She said most are not against the legalization of marijuana but do not want the businesses in their town.
“They can go to Pleasantville or Egg Harbor Township. It’s not like they are miles and miles away,” Mellon said.
She pondered whether schools would change their curriculums and how they would present it.
“This has been a controlled drug. If it was me, I would wait and see how other towns are doing,” she said.