Montclair Council Gives Green Light To Marijuana Businesses

MONTCLAIR, NJ — The pathway is now clear for recreational marijuana businesses to set up shop in Montclair.

Acting less than two weeks ahead of a state-imposed deadline, the Montclair Town Council passed a package of local ordinances that allow for cannabis-related businesses on Tuesday evening (watch video below).

New Jersey voters approved recreational marijuana in November 2020. When state lawmakers crafted the legalization bill, they left room for municipalities to ban or limit the number of cannabis businesses operating in their communities. Read More: 5 Things You Need To Know About Marijuana Legalization In NJ

Town governments have until Aug. 21 to pass a law banning cannabis businesses. They will be able to repeal or alter their ordinances afterwards. If they don't pass an ordinance in that time, not only will marijuana businesses be allowed to operate, but local officials won't have another chance to issue a ban for a period of five years. Read More: Marijuana Is Legal In NJ. But Can Towns Still Ban It?

Montclair was already home to one of the state's first medical marijuana dispensaries, Ascend, formerly known as Greenleaf. However, the new ordinances will allow for two retail shops that could sell recreational cannabis. They also allow for five other cannabis-related businesses: a cannabis delivery service, cannabis wholesaler, cannabis distributor, cannabis manufacturer and cannabis cultivator.

The local ordinances don't affect out-of-town delivery services, which are allowed to operate within Montclair under state law.

Learn more about each ordinance below:

• ORDINANCE O-21-17 - AN ORDINANCE TO PROVIDE FOR THE REGULATION OF CANNABIS BUSINESSES IN THE TOWNSHIP OF MONTCLAIR
• ORDINANCE O-21-18 - AN ORDINANCE AMENDING THE ZONING ORDINANCE CHAPTER 347 TO PROVIDE FOR THE REGULATION OF THE LOCATION OF CANNABIS BUSINESSES
• ORDINANCE O-21-19 - AN ORDINANCE TO PROVIDE FOR MUNICIPAL SALES AND USE TAXES ON CERTAIN CANNABIS-RELATED TRANSACTIONS IN THE TOWNSHIP OF MONTCLAIR

Prior to Tuesday’s meeting, Montclair Councilman Peter Yacobellis released a statement about the package of ordinances, calling it a “compromise bundle of legislation” that allows the township to dip its toe in the water and experiment with a new marketplace – legal cannabis.

“To me, Montclair is the progressive capital of New Jersey and we should be leading on progressive issues, including crafting legislation even before the rest of the state does,” Yacobellis said, adding that he believes the town should “honor the will of the voters.”

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