Howell Council Adopts Pot Biz Ban Ordinance, Plans To Revisit

HOWELL, NJ - The primary governing body of Howell Township has voted to ban all cannabis-related businesses in the municipality during a Tuesday night meeting, noting that the council had to do so in order to meet the state’s deadline and establish more detailed plans to potentially permit cannabis-related businesses at a later date.

A special meeting aimed at zoning cannabis-related businesses in town will be scheduled for the near future, the council said.

"You can put the pause on this thing, but you can also actively see where it can go," said Councilman Thomas Russo regarding the ordinance. "[It's not about] banning the legal use of it, but about whether the issue of cultivation, growing, distribution and all those uses, can be left to the local level or the state level."

Municipalities across the state are now scrambling to meet the Aug. 21 deadline to pass an ordinance banning or limiting the number of cannabis establishments and establishing civil penalties for violation of ordinances. Related: Marijuana Is Legal In NJ. But Can Towns Still Ban It?

If a town does nothing or waits until after the deadline, cannabis retailers, growers, distributors, manufacturers and delivery services will be allowed to move into existing industrial and retail zones in the state.

But not all Howell residents are pleased with the move to ban cannabis-related operations, even if the decision is only temporary.

During the Tuesday night public hearing, several residents questioned why the council didn't prepare meetings to discuss the contested issue earlier this year.

Howell resident Joan Osbourne pointed out that the council knew about the law when New Jersey voted to approve cannabis legislation in November 2020. Fellow resident Tina Smilek echoed Osbourne's sentiments:

"It's not like this hasn't been decided in November by the public by 70 percent," Smilek said. "This should've been talked about since probably January. You're far off. You're talking about now planning meetings. The planning of the meetings should've started back in January."

Howell resident Glen Cantor argued that cannabis operations in the township would greatly benefit small businesses and generate more jobs in the area. Howell resident Dan Stinger added that cannabis businesses in the township would give the area a much-needed economic boost, especially following the negative economic effects of the COVID-19 pandemic.

"I'm pro-business," Cantor said. "This is a business. We should attempt to allow these businesses in the town, to regulate them and benefit from the revenue that they generate, the jobs that they generate. I don't personally use marijuana but I've seen some of the stores in Massachusetts, they're clean. You can't consume marijuana on premises ... it's a nice business, and we have plenty of properties in and around Howell that are empty and needing tenants."

Lawrence Luttrell, an attorney representing Edward McNamee and Susan Keymer, the owners of Merrick Farm in Farmingdale, added that the ability to cultivate cannabis in Howell will be an unequivocal boost for the township's struggling farming community.

"I come here today to ask you to please reconsider your position on the ordinance," Luttrell said. "It's going to be a problem for my clients and people like my clients who want to be prospective bidders, there's going to be a very competitive licensing project. They want to be cultivators of cannabis ... they just want to be farmers. Howell, we all know is a farming town. It's got its own right to farm ordinance and it makes it very clear in the right to farm ordinance that it's a farming town and it's here to protect the farmers."

The attorney continued that the farm has struggled to make ends meet and pay taxes, but has been unable to compete with industrial farming.

"Now, a once-in-a-lifetime opportunity has come. You have a plant that has the highest yield profit margin of any plant that's ever been on this planet and grown. They have an opportunity ... that if they do get it, it's going to be able to have a sustainable farm."

Several other municipalities in Monmouth County are considering pot's role in town, including Holmdel, Manalapan and Marlboro. Freehold, Wall, Asbury Park and Colts Neck have already taken steps to have an outright ban on pot retailers, manufacturers and cultivators within town limits.

Howell residents should know that, regardless of what businesses can operate in town, it won't limit the ability to consume cannabis or get cannabis delivered from an outside service. Adults 21 and over are allowed to consume cannabis on private property. Cannabis has also been decriminalized in New Jersey, and you can possess up to six ounces of marijuana or 17 grams of hashish without penalty. Read more: 5 Things You Need To Know About Marijuana Legalization In NJ

"I'm very torn at this point, listening to the citizens that need the service and we all know people who needed to utilize it," Mayor Theresa Berger said. "I respectfully request that we do put some type of a time frame on this. It is not fair to just let it sit out there for a long while and then possibly loose an opportunity."

The mayor added that she would like to see the issue resolved in three to five months.

"Let's get to work," Russo said. "We have work to do."