Title
Dept./ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Waiving 20-day period for an ordinance to take effect
Purpose: This Resolution seeks to authorize an emergency be declared to exist for the Ordinance, which amends Title XIV Cannabis to the revised general ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented.
Ordinance No(s).:
Ordinance 6F-b was adopted on First Reading by the Municipal Council on November 4, 2021.
Ordinance 6PSF-c was deferred on November 15, 2021 to the November 23, 2021 Special Meeting.
Ordinance 6PSF-a is scheduled for a Public Hearing, Second Reading and Final Passage on November 23, 2021.
Additional Information:
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WHEREAS, On November 3, 2020, voters in the State of New Jersey approved Public Question #1, which amended the Constitution of the State of New Jersey to legalize the Adult-Use of marijuana, also known as “cannabis”, for persons age 21 and older and legalizes the cultivation, processing and sale of retail marijuana; and
WHEREAS, on February 22, 2021, Governor Murphy signed into law P.L. 2021, c. 16, known as the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (the “Act”), which legalizes the Adult-Use of marijuana by adults 21 years of age or older, and establishes a comprehensive regulatory and licensing scheme for commercial recreation (“adult use”) cannabis operations, use, and possession; and
WHEREAS, the City of Newark is designated as an “Impact Zone”, which are defined in the Act for the purposes of furthering principles of social justice, and in which the Cannabis Regulatory Commission shall prioritize applications for licenses; and
WHEREAS, Section 31 of the Act authorizes municipalities to adopt an ordinance to permit or prohibit one or more classes of licensed business; and
WHEREAS, Section 31 of the Act authorizes municipalities to regulate the number of permitted cannabis licensed businesses, and the time, manner, place, and other aspects of licensed cannabis business establishments; and
WHEREAS, Section 31 of the Act authorizes municipalities to prohibit the operation of any one or more classes of licensed cannabis businesses, but not the delivery of cannabis items and related supplies by a delivery service, within the jurisdiction of the municipality; and
WHEREAS, Section 31 of the Act stipulates that any municipal regulation or prohibition must be adopted within 180 days of the effective date of the Act (i.e. by August 21, 2021); and
WHEREAS, pursuant to Section 31 of the Act, the failure to adopt a municipal ordinance shall mean that for a period of five (5) years thereafter, Class 1 Cultivator, Class 2 Manufacturer, Class 3 Wholesaler, and Class 4 Distributor, Class 5 Retailer, and Class 6 Delivery licensed business shall not be numerically limited, permitted automatically in the municipality, and not regulated by the municipality it sits in but on the overall State regulations; and
WHEREAS, on August 19, 2021 the Municipal Council adopted Ordinance 6PSf-aa(S) creating Title XIV, Cannabis to permit and regulate adult-use and license cannabis establishments in the City of Newark; and
WHEREAS, the New Jersey Cannabis Regulatory Commission adopted its Personal Use Cannabis Rules on August 19, 2021 under N.J.A.C. 17:30-1 et seq., which describes the regulations and rules for municipalities and potential business; and
WHEREAS, due to the regulations and rules set forth under N.J.A.C. 17:30-1 et seq., and the feedback from the community we are amending this ordinance to address these items; and
WHEREAS, N.J.S.A. 40:48-2 authorizes a municipality to make, amend, repeal and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and
WHEREAS, the Municipal Council seeks to amend Title XIV, Chapter XIV, Cannabis to the Newark Municipal Code to permit and regulate Adult-Use and License Cannabis Establishments; and
WHEREAS, the Municipal Council seeks to regulate a legalized cannabis market and industry in the City of Newark to allow for stringent quality control and best practices, better ensuring a safer product than an unregulated market in order to promote public health, wealth, and safety.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. For the reasons set forth herein and the important public policies enunciated, an emergency is hereby declared to exist and the Ordinance 6PSF-a, which amends Title XIV Cannabis of the revised general ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, to become effective, once adopted by the Municipal Council after Public Hearing, Second Reading and Final Passage, in accordance with N.J.S.A. 40:69A-181(b). This is due to the exigent need to meet the deadline placed on the ordinance to be effective in time for the date of application, pursuant to N.J.S.A 24:6i-1 et seq.
STATEMENT
This Resolution seeks to authorize an emergency be declared to exist for Ordinance 6PSF-a, which amends Title XIV Cannabis of the revised general ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented to become effective, once adopted by the Municipal Council after Pubic Hearing, Second Reading and Final Passage, in accordance with N.J.S.A. 40:69A-181(b). This is due to the exigent need to meet the deadline placed on the ordinance to be effective in time for the date of application, pursuant to N.J.S.A 24:6i-1 et seq.