[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/brick-township-votes-to-prohibit-recreational-marijuana-ahead-of-state-legalization\/#BlogPosting","mainEntityOfPage":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/brick-township-votes-to-prohibit-recreational-marijuana-ahead-of-state-legalization\/","headline":"Brick Township Votes to Prohibit Recreational Marijuana Ahead of State Legalization","name":"Brick Township Votes to Prohibit Recreational Marijuana Ahead of State Legalization","description":"Whether to legalize recreational marijuana is a controversial topic in New Jersey. As the state government considers whether to permit recreational marijuana use and sale in the state, local governments and townships are simultaneously weighing whether to allow the\u00a0manufacture, testing, cultivation of marijuana, or\u00a0sale of weed\u00a0in their communities. Recently,\u00a0Brick Township\u00a0decided this question, outlawing recreational marijuana […]","datePublished":"2019-03-21","dateModified":"2024-08-26","author":{"@type":"Person","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/author\/newjerseycriminallawfirm\/#Person","name":"William Proetta Criminal Law","url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/author\/newjerseycriminallawfirm\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/bf046e483cfd218aa23b814afd7f502ea8e6bd244632161b6e42395a76e91a8e?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/bf046e483cfd218aa23b814afd7f502ea8e6bd244632161b6e42395a76e91a8e?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"William Proetta Criminal Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/william-proetta-criminal-law-logo.png","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/william-proetta-criminal-law-logo.png","width":250,"height":76}},"image":{"@type":"ImageObject","@id":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2019\/03\/marijuana-brick-.jpg","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2019\/03\/marijuana-brick-.jpg","height":400,"width":500},"url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/brick-township-votes-to-prohibit-recreational-marijuana-ahead-of-state-legalization\/","about":["Marijuana Laws"],"wordCount":836,"articleBody":"Whether to legalize recreational marijuana is a controversial topic in New Jersey. As the state government considers whether to permit recreational marijuana use and sale in the state, local governments and townships are simultaneously weighing whether to allow the\u00a0manufacture, testing, cultivation of marijuana, or\u00a0sale of weed\u00a0in their communities. Recently,\u00a0Brick Township\u00a0decided this question, outlawing recreational marijuana within the municipality even if it is passed at the state level. The township\u2019s early decision may be a signal of how other cities will respond to state legalization efforts, and many have already done so. If have a pending marijuana case in Brick or elsewhere in Ocean County, New Jersey, get help developing your best defense by calling our marijuana attorneys at (848) 238-2100. The consultation is free and a member of our team is available now to assist you.Recreational Marijuana May Be Coming to New Jersey SoonReports recently surfaced that Governor Phil Murphy and key senior legislators had reached an agreement to legalize recreational marijuana in New Jersey. Legislators and the governor continue to debate the specifics of how recreational marijuana sales will be taxed, what share of those taxes will go to municipalities, and how state and local regulators will control the sale and\u00a0use of recreational marijuana.That said, the governor and Senate President Stephen Sweeney\u2014along with the Assembly Speaker Craig Coughlin\u2014have all stated that they are close to agreement on each of these key points, and they expect that legalizing recreational marijuana for adult use in New Jersey will assist law enforcement in focusing on serious crime, increase economic opportunity throughout the state, and lessen criminal justice disparities in charged crimes and sentencing.The governor and legislators expect a vote on a bill\u2014Senate Bill 2703, which legalizes recreational marijuana for adult use\u2014to be held as early as March 25, 2019. Although legislators and the governor still fine-tuning the details of the bill, local municipalities and townships will still have some control over whether marijuana can be cultivated or sold in their cities. Municipalities will also likely be able to restrict or exclude the growth or sale of marijuana through the use of zoning ordinances and other local regulations. It remains to be seen which municipalities will embrace the sale of recreational marijuana and which will restrict it. Some towns, including Brick Township, are already taking action on the question.Marijuana Is Not Allowed in Brick Township, NJIn what may be a signal of broader disputes between the state and New Jersey municipalities in coming months, Brick Township voted to prohibit the cultivation or sale of marijuana within city limits. Council President Andrea Zapcic explained that the township\u2019s decision came down to dollars and cents.The state legalization bill imposes a $42 per ounce flat tax on marijuana. Localities like Brick are eligible to receive 3% of tax revenue if they allow a legal marijuana dispensary in town, 2% if they allow cannabis cultivation within city limits, and 1% if they allow marijuana wholesalers to operate in their city. According to the Brick Township Council, that\u2019s not enough. Councilmembers voted unanimously against permitting marijuana activity in the city, noting that the costs of regulating dispensaries and cultivators would exceed the modest cut of the tax revenue that they would receive.Brick\u2019s governing body told reporters that Senate Bill 2703 permits towns to opt-out of permitting recreational marijuana cultivation and sale within city limits. If towns do not opt-out, they\u2019re automatically enrolled-into the state\u2019s proposed regulatory framework for a five-year period. Businesses that begin operating in the city during that five-year period cannot be shut down under a \u201cgrandfather\u201d provision in the new bill. According to Brick, that\u2019s enough to motivate the council to opt-out of the state recreational cannabis framework. However, the current version of the bill before the New Jersey Legislature renders any vote passed before legalization null and void. This means that towns like Brick would need to pass their local laws again in order to effectuate them.Need a Lawyer for Brick NJ Marijuana CaseIt remains to be seen whether additional townships will follow Brick\u2019s example and prohibit the growth and sale of recreational marijuana within their limits. Anyone interested in selling or growing marijuana in a particular city would be well-advised to consult with an attorney familiar with cannabis law prior to setting up the business to ensure that all required licensing and permits are obtainable. That being said, anyone who violates current\u00a0New Jersey law on possession of marijuana\u00a0can be arrested and face criminal penalties. If you have been arrested for having weed or selling marijuana in the Township of Brick, contact an experienced marijuana defense attorney at our firm for help. We defend clients in Brick Municipal and\u00a0Ocean County Superior Court\u00a0on a regular basis and are happy to answer all of your questions.For additional information, read the following:Brick Council Bans Recreational Marijuana SalesBrick Marijuana Ban Would Be \u2018Null And Void\u2019 Under State Bill"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Brick Township Votes to Prohibit Recreational Marijuana Ahead of State Legalization","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/brick-township-votes-to-prohibit-recreational-marijuana-ahead-of-state-legalization\/#breadcrumbitem"}]}]