Cannabis, health and hybrids: Morristown’s council has a busy night

VIRTUALLY GONE? At its Nov. 9, 2021, Zoom meeting, Morristown's council announced plans to resume in-person sessions on Nov. 30. Screen grab by Kevin Coughlin
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Step right up and get your Morristown cannabis license!

Well, maybe not quite yet. On Tuesday, the town council introduced a zoning ordinance defining where dealers of medicinal and recreational marijuana might set up shop.

If adopted next month, the measure will create a licensing framework for prospective vendors. But they still will need a state license, too.

The council also authorized hiring a public health officer and a health “educator,” to replace a service contract with Morris County’s health department.

County resources were overwhelmed by the pandemic, driving home the importance of public health services underfunded for too long by all levels of government, town Administrator Jillian Barrick said.

Both unanimous votes came during a 90-minute virtual session that may be the council’s last.

On Nov. 30, 2021, the governing body will attempt its first in-person meeting since March 2020. If all goes as planned, it will be a hybrid affair, with an option for residents to continue participating via Zoom.

CANNABIS, ANYONE?

While council members expressed concerns about marijuana as a gateway drug, they acknowledged one fact: The public wants its cannabis.

New Jersey voters supported legalizing pot by a 2-1 margin last year; 77 percent of Morristown voters were in favor.

A Morristown citizens panel met three times this spring to debate whether to allow cannabis sales in town. Ninety percent of its members were for it, said Council President Stefan Armington.

Playing defense, the council in June banned marijuana sales, buying time until the state began rolling out licensing rules over the summer.

Patterned after laws in a dozen towns, Morristown’s ordinance would allow no more than two establishments selling medical and/or recreational cannabis. And they would be restricted to the “core” Central Business District (Speedwell Avenue, Route 202, and South, Washington and Morris streets), and the MX2 zone (Ridgedale and Madison avenues, and a  portion of Martin Luther King Avenue).

Dispensaries cannot be within 1,000 feet of schools or each other, or within 200 feet of houses of worship. Nor may cannabis be sampled inside the shop, or consumed in public places.

It’s unclear how a 2 percent tax on cannabis sales would be spent. Iannaccone suggested  allocating proceeds to local health programs, or to police- and school anti-drug campaigns.

Hours of operation would be limited: 9 am to 8 pm from Monday through Saturday, and noon to 8 pm on Sundays.

A five-member advisory board would vet applicants for compliance with these requirements. But the council would grant the licenses and be responsible for oversight.

Successful applicants would have up to 18 months to nail down the necessary state license.

The mayor or his designee would serve on the advisory board, along with a council choice and the town business administrator, police chief, and law director.

Saying he has devoted much of his ministry to helping people overcome substance abuse, Councilman David Silva, a church pastor, argued for adding a doctor and a teacher to the panel, to broaden public input.

But Armington, Councilman Robert Iannaccone and town Attorney David Minchello emphasized that the town’s ordinance pertains strictly to zoning. Qualifications and competence of applicants are for the state to determine through its evolving licensing process, they said.

If Morristown were to extend its screening authority beyond elected officials and town employees, “the process could get away from us, and information could be compromised,” increasing chances of legal challenges from rejected license applicants, Minchello said.

Couldn’t cannabis vendors try to move into other parts of town by seeking variances from the zoning- or planning boards? asked Councilwoman Sandi Mayer.

Armington, council liaison to the planning board, said success was unlikely. The state ties cannabis licenses to properties; these licenses can’t be resold and transferred like liquor licenses, he said.

Parking may pose the biggest nuisance around cannabis dispensaries, so Morristown is mandating that they provide all their parking onsite. That reduces the number of potential sites for dispensaries, Armington said.

Iannaccone concurred.

“We looked at every inch of the town where this could possibly work,” he said of legal dispensaries.

Acknowledging that “none of us feel really comfortable” authorizing recreational cannabis sales, Iannaccone, a hospital CEO, said government controls nevertheless are a good idea, for public safety.

“People are going to smoke. Better to control it. A lot of stuff on the street is laced” with dangerous drugs, he said.

Barrick, the town administrator, said she will craft application procedures. The planning board is scheduled to review the ordinance on Dec. 2 for compliance with the town zoning master plan. If the law passes muster, the council will vote for its adoption on Dec. 14.

Tuesday’s vote was 6-0. Lame duck Councilman Michael Elms was absent.

HEALTH HIRES

Morristown will pay between $89,000 and $120,000 for a public health officer, and between $40,000 and $65,000 for a public health educator.

Both positions are mandated by the state, Barrick said.

In recent years, the town has been paying Morris County about $165,000 annually for part-time equivalents and health inspectors, Barrick said. The county has chosen to part ways with Morristown, and “the feeling, quite frankly, is mutual.”

The town would be “much better served” with its own full-time health staff to provide direct services, think strategically, and pursue grants, the administrator asserted.

Iannaccone said the county should beef up regional healthcare programs. He asked if Morristown could share health services with neighboring towns.

Morris Township isn’t interested, according to Barrick, but she’s talking with other municipalities. “In the meantime, we must be concerned about our residents. We have to move forward.”

It may not be easy. Licensed public health officers are a rare commodity, Barrick said.

COVID-19, she added, has exposed the folly of curbing health spending.   “We’re all playing catch-up… If there was any time to implore the powers that be to invest in public health…this obviously is the time,” Barrick said.

HYBRID TIME

Morristown is one of only four Morris County towns still conducting meetings remotely, according to a survey by town Clerk Margot Kaye.  At least 28 other Morris municipalities either meet in-person, or offer a mix of live and online.

Armington polled the council, and members agreed to go hybrid on Nov. 30.

They will return to the town hall council chamber. Vaccinated council members should not feel obligated to maintain distance from each other, Barrick said. For the audience, every other bench will be roped off.

The public microphone will be shielded with disposable covers, and it will stand farther from the council dais than in pre-pandemic times. Before and after meetings, the room will be sanitized, the administrator said.

One camera will stream to Zoom, where residents should be able to comment as they have done throughout the health crisis.

Although masks are required in town hall, officials cannot mandate them for council attendees, Barrick said.

Creating a hybrid system has posed technical challenges this fall. The council’s video contractor staged its first successful test run last week, Barrick said.

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