At last week’s Township Council meeting, on Monday, March 13, the Council and the public were shown a report from an ad hoc Livingston Cannabis Subcommittee focused on potentially permitting certain classes of cannabis business in town. The subcommittee has been researching the matter for over a year, and presented its findings and recommendations during the meeting.
In November of 2020, a referendum passed in New Jersey approving the legalization of cannabis by a two to one vote. Governor Phil Murphy signed adult use cannabis reform bills into law in February of 2021, and towns had 180 days from when the bill was signed to pass an ordinance instituting any restrictions; otherwise all classes (cultivator, manufacturer, wholesaler, distributor, retailer, and delivery) would be approved for the next five years. That spring, the Council held multiple public forums to hear from residents on the issue. And in July of 2021 the Council passed a ban on all classes, on a four to one vote, with then-Council member Michael Vieira not in favor of the ban.
At the time the ordinance was passed, the Council members stated that the ban was temporary, a protection so that they could permit the business on their terms, without having to rush into a decision. They pledged to study the issue, see how other towns who approved the business were affected, and reassess the ordinance at a later date.
Well, it took nearly two years, but we now have that study. In the report, which looked into all classes except for retail, the subcommittee recommended that all five of those classes be permitted in three industrial areas of town, away from residential buildings.
The Council can now choose to accept these recommendations, filling in details such as the number of licenses the town would like to issue, and then draft an ordinance, which would take a minimum of two meetings to pass. If that ordinance is ready to be introduced at the next meeting on March 27, then it could be approved as soon as April 10. If the Council wishes to discuss the matter further at future meetings before drafting an ordinance, then that approval could take some time. Either way, it seems that the non-retail cannabis classes will likely be permitted in Livingston within a matter of months.
This is progress, but there is more left to do. When twothirds of New Jersey voters elected for cannabis business to be legal in the state, the vast majority of them were not thinking about delivery or wholesalers. Very few were considering cultivation, manufacturing, and distribution. What most of them were likely voting for was retail, a dispensary close to where they live. Several residents spoke on the matter at last week’s meeting, many echoing a similar sentiment. And it is time the Council listens to them.
We understand that the initial ordinance was passed in 2021 so that the town could control what specifically comes into their community, and where it should go. We also understand both commissioning a study and waiting to see how other towns fared. But all that has now occurred, and we have spent far too long waiting. It should also be noted that the town can tax sales at retail dispensaries, as well; permitting retail cannabis would bring money into the town.
At minimum, two of the five Council members vocally support retail (and medical) cannabis business in town. Both Mayor Vieira and Council member Rosy Bagolie (who was not on the Council during the 2021 vote) stated at last week’s meeting that they were disappointed that retail was not included in the study. Bagolie noted that Livingston has already lost the chance to lead on this issue.
If the Council wants to commission a study on retail, if that is what will make members feel comfortable enough about this issue to pass an ordinance, then that is fine. It should have already happened by now, but that cannot be undone; however, we feel there is no good reason to wait any longer to start that study.
The list of reasons to approve all types of cannabis business in town has grown longer in the two and a half years since that November 2020 vote. There is now concrete evidence – in the form of similar communities that have permitted dispensaries not reporting any concerns – that disputes many of the reasons originally cited against doing so. These products are now easily accessible to those who want them. Why make residents drive one town over when they do not have to, especially when this town and its residents stand to benefit from the added business and taxes? Hopefully Livingston will not be playing catch-up to other forward-thinking towns for much longer.
