Marijuana Legalization Has Gloucester Twp. Revisting Smoking Laws

GLOUCESTER TOWNSHIP, NJ — If a Gloucester Township police officer comes across two people smoking in a public park, that officer would have to see what it is they are smoking. The person smoking tobacco would be fined. The person smoking marijuana would walk away without a problem.

This is the situation the township potentially faces once the use of recreational marijuana is completely legalized in the state, and it’s a situation the township is looking to avoid.

Gloucester Township Council unanimously passed a proposed ordinance on introduction that adds e-liquids, cannabis and other marijuana products to the list of items covered by the township’s current smoking ordinance at its meeting Monday night.

The ordinance already prohibits the smoking of tobacco or tobacco-like substances in public and community parks, recreational facilities and public buildings.

“We don’t want someone smoking a joint at Veterans Park,” Gloucester Township Council President Orlando Mercado said.

The township pursued this legislation after Gloucester Township Police Chief David Harkins realized what marijuana’s legalization meant for smoking in public parks.

On Monday night, he pointed out that at this point in time, anyone who has marijuana at all has obtained it illegally.

“There are no dispensaries right now, so there is no legal marijuana out there,” Harkins said. “Anyone who has obtained it right now has obtained it illegally.”

Once the state begins opening dispensaries, though, things will change.

The state is establishing a regulatory commission that will both regulate New Jersey’s medical cannabis marketplace and provide oversight for the soon-to-be-established adult-use recreational cannabis marketplace, Gov. Phil Murphy has announced.

While the state law supersedes local law, there are some things local officials will have control over. They can limit hours of operation, location, manner and the number of cannabis businesses in their community.

They can both ban retailers, producers, etc. outright and ban them from operating in certain areas. They can also choose to ban just one type of business, which means they could choose to not allow dispensaries, but allow a cultivation center to operate within the municipality.

To maintain control over the use of recreational marijuana in their municipality, local governments have 180 days to pass new ordinances. Ordinances that existed before marijuana was legalized will no longer be valid.

Any local government that doesn’t take initial action will have to wait five years before it is permitted to prohibit the future operation of anyone or more classes of cannabis establishment. They can reevaluate and pass new ordinances every five years.

There are aspects to the law that local governments have no control over, and that worries Harkins.

The bill as Murphy signed it last month prohibited a police officer from notifying parents if their teenage son or daughter (under 21) was found with marijuana or alcohol for the first time. For a first violation, the officer could only give a written warning to the teen, and the officer can record their name, address and birthday.

“We are working with Assemblywoman Gabrielle Mosquera’s office, and I’ve given her recommendations,” Harkins said. “We’re working from some different legislative fronts.”

And while residents are still not legally allowed to drive after using marijuana, there are restrictions on how police can enforce laws under the new state legislation.

“There are certain things law enforcement has been restricted in doing, and officers could be charged third-degree crimes, so officers have to be very careful,” Harkins said. “It’s changed a lot of how we’re operating.”

Harkins said the department respects the rule of law, and is adjusting as necessary to enforce it.
The proposal introduced locally Monday night will go for a final vote before township council on March 22. There will be a public hearing prior to the final vote.

With reporting by Patch staff writers Montana Samuels, Eric Kiefer and Alexis Tarrazi