The Atlantic Highlands Mayor and Council unanimously adopted its cannabis ordinance Monday night, authorizing two cannabis dispensary shops and one manufacturing site in specific areas of the borough.
Final action came after an approximate 90 minutes public hearing with an estimated 60 persons at the regular meeting and another 17 on ZOOM. Approximately 20 persons spoke both for and against the proposed new business uses in the borough during the public hearing.
While many local residents were opposed to the issuance of any type of cannabis license, others, as well as several dispensary shop owners in other towns, lauded the governing body for taking action and highlighting the benefits cannabis business owners bring to a community.
Residents opposed to the facilities anyplace within the mile square community cited the small-town community feeling, the impact on families and children, and the impact of strong odors, inadequate regulations or ability to enforce them, and other factors they feel would be detrimental and unenforceable if regulations were to be violated.
A Bay Avenue father of three children voiced strong opposition to the ordinance, saying the family moved here to raise their children in the small-town environment and a cannabis business does nothing to help the environment.
Former Councilman Brian Boms questioned, but did not receive, the response to his question on why the Cannabis Committee has not met in more than a year, and whether the ordinance was introduced with their recommendation.
Mayor Lori Hohenleitner pointed out the governing body has been researching and studying the proposal for a long time in their desire not to rush into a decision and the conditional uses placed on any applicant must first be approved by the Planning Bord before the governing body gives final approval to any application.
Resident Deborah Appello termed cannabis a “gateway” ordinance and pointed out several areas of the ordinance she felt were insufficient in accuracy and strength.
Appello noted the ordinance calls for a security guard on the premises, but fails to describe whether that guard would be inside or outside a dispensary and whether the police department would be the agency following up any fights or crowd control activity if the company’s security personnel were only inside the building .
In response to the mayor telling her there were experts in the room who would be addressing some of her issues during the public hearing, Appello responded the governing body should have the answers and not be referring to any experts who had not yet spoken. She also cited lack of definition on both odors and mitigation, points borough attorney Peg Schaeffer said are well covered and strictly enforced by state regulations.
Some of the experts in the room to whom Hohenleitner referred were owners of dispensaries and other cannabis businesses in other towns.
Several rose during the public hearing to speak on their success, the amount of money they have already brought into their municipalities, the cleanliness and state regulations of their business, and just how strictly they are being regulated by the state and their communities to ensure laws are followed.
A dispensary owner said that 85 per cent of his business is for medical marijuana, both for senior citizens and veterans. “It’s not kids now.” Owners cited how they have become partners of the communities in which they have their businesses, perhaps more than others because they have had to prove themselves to be good neighbors and business owners who want to be a positive part of the community.
In response to questions from resident Mark Fisher, the governing body indicated the areas of town where either type of business can operate is minimal, with none being allowed on First Avenue, nothing within 500 feet of the elementary school, and nothing in residential areas, leaving only a portion of Route 36 through the borough and some smaller locations as a possible site for any of the businesses.
Even the former bank in the Foodtown shopping area, which had at one time been rumored to be a possible site, could not accept a dispensary because of the lack of parking.
Fisher did bring out, however, the possibility, which no one appeared to have known, that some sites on Route 36 could put a facility within 500 feet of the Navesink School, located on a portion of land in Middletown that that backs up to the Atlantic Highlands borough line.
Jay Russell, the owner of a dispensary in Matawan and his attorney, both spoke on state regulations controlling every aspect of the business including packaging and handling money and noted in the seven weeks his business has been open in Matawan, he has done $2 million in business and is preparing a check for the borough this week.
An Old Bridge business owner conceded that people do not like change, it is always upsetting but predicted that once a business is established it would be accepted with no problems and little fanfare within a year.
He also indicated his desire to apply for one of the licenses should the ordnance be approved. He said his store already makes deliveries to an Atlantic Highlands resident, and those are funds the borough does not get even though deliveries are made to the town.
Resident Zack Brown noted that cannabis is not new, but would be safer if legally purchased and under the strict control the state mandates.
Morgan Spicer thanked the borough leaders for having the hearing, all being respectful and said she is optimistic “we can all come together.”
Copies of the complete ordinance are available at Borough Hall and are on line on the borough site at AHNJ.com
cannabis
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