BY JOHN SNYDER
OF PASCACK PRESS
TOWNSHIP OF WASHINGTON, N.J.—The Township Council wrapped up last year’s business on Jan. 7 with a blanket ban affecting cannabis and vaping sales—including where items considered paraphernalia are now sold.
With only Independent Councilman Michael Ullman voting no, the council voted to prohibit the sale of marijuana and vaping products and related paraphernalia, including rolling papers and hookahs, and vaping devices with heating elements, in all zones.
The measure expands a ban passed July 2, 2018, that affected the retail zone.
The new restriction, Ordinance 18-23, says “No land or building shall be used or allowed to be used for the sale or distribution of marijuana (cannabis) products, including, but not limited to, tetrahydrocannabinol (“THC”) oil and derivatives, hashish, adulterants and dilutants, which includes retail and wholesale marijuana stores, retail and wholesale marijuana cultivation facilities, retail and wholesale marijuana products manufacturing facilities, retail and wholesale marijuana testing facilities, and the operation of retail and wholesale marijuana lounges or social clubs.”
As well, no land or building shall be used or allowed to be used for the sale or distribution of vaping products, which includes the operation of retail and wholesale stores, lounges or social clubs.
Finally, no land or building shall be used or allowed to be used for the sale or distribution of marijuana-related paraphernalia or vaping paraphernalia.
Ullman spoke out against the ordinance at its Dec. 17, 2018 introduction and Jan. 7, saying it restricts a use that is becoming more widely accepted.
“I think we are disadvantaging residents, potentially; commerce, the strip mall and other retail areas in town from operating businesses that I feel should be allowed to operate in the town,” Ullman said.
He told Pascack Press on Jan. 8 that there is no grandfather clause to shield current outlets selling items that could be construed as in violation.
“They will be breaking the law in 20 days,” Ullman said. He added that interpretation will fall to the zoning officer.
According to township attorney Kenneth Poller, the local ban does not bar residents from receiving medical marijuana products by mail, so long as the sender is outside the township, as where a legal dispensary may operate.
Poller told Pascack Press on Jan. 9 that the zoning officer would be making the rounds to advise stores of the ordinance, its prohibited items, and its enforcement provisions.
He said they would be given time to comply.
“I don’t think anybody’s looking to create enforcement issues. The council just wants to dissuade these types of businesses from operating in the township,” Poller said.
The Township Code addresses violations with penalties of up to $2,000, jail time, or community service. It also says in some cases lesser penalties or no penalties are appropriate.
Code Enforcement Officer Joe Setticase told Pascack Press on Jan. 9 that he would know more about the measure and how to field possible questions on it from store owners before the law takes effect.
Before casting his vote in favor, Council President Michael DeSena thanked the council “for their support in bringing this to second reading and getting this done for the residents of Washington Township and the children of Washington Township.”
The landlord of Washington Town Center said at the May 30 meeting of the Planning Board that he strongly disagreed with its refusal to permit prospective tenant Cedar Smoke Shop, which specializes in vaping, saying the board ignored its own zoning ordinance permitting ordinary retail use at the site and bowed to public opinion opposed to the store.
“To push the responsibility on me to make ethical judgments on what tenants are there is an unfair request. Make your ordinance clear so I can understand it so I can conduct a business,” Town Center landlord Alexander DiChiara of Granite CPM, LLC told the Planning Board.
Hundreds of residents pressured the town to close its door to vape shops as part of a wider front against the prospect of legal marijuana sales, which Gov. Phil Murphy said he supports.
Recreational marijuana is now legal in 10 states; medical marijuana is legal in 33.
With the market at billions of dollars, Murphy and legislative leaders have yet to agree on how much tax to charge or on regulatory matters over legalizing marijuana for adults in New Jersey.
That might change as early as February, speculate those closely watching the issue.