Zoning for Marijuana: Retail Not Included

Local municipalities in New Jersey retain local control in response to a state law that legalizes marijuana businesses throughout the state.

December 23, 2021, 6:00 AM PST

By James Brasuell @CasualBrasuell


ShutterstockProfessional / Shutterstock

Marsha A. Stoltz reports for NorthJersey.com that the borough of Oakland, in New Jersey, has approved a new marijuana ordinance that allows non-retail marijuana businesses to locate in industrial areas. The borough council approved three separate ordinances to clear the way for cultivation, manufacturer, wholesaler, distributor, and delivery businesses. Retail is the only kind of business left out.

"Ordinance 863 defines the zones. Ordinance 872 sets out licensing regulations. Ordinance 873 establishes procedures for the 2% transfer taxes on those businesses," according to Stoltz.

The ordinances are one example of a response to a law signed by New Jersey Governor Phil Murphy in February that legalized all forms of commercial marijuana business. "All New Jersey municipalities were required to reinstate cannabis bans nullified" by the law, according to Stoltz. "Any municipality which did not reinstate bans could not do so for five years after the Aug. 21 deadline." 

A separate article by Stoltz, published ahead of the council vote, provides additional context on Oakland's new ordinances.

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