BRICK — The Township Council voted 6-1 on Tuesday night to allow one licensed cannabis retailer in Brick, reversing the ban on marijuana businesses the council adopted unanimously in 2021.

The ordinance creates a single municipal license for a Class 5 adult-use cannabis retailer and sets zoning, security and tax rules for the business. Councilman Gregory Cohen cast the lone no vote. The council took up the measure at its Oct. 13 meeting, according to Patch, and held a public hearing before Tuesday's vote.

What the ordinance allows

Council Vice President Derrick Ambrosino outlined the rules before the vote. The dispensary must sit in one of a limited set of pre-approved locations in the township's B3 business zone or its hospital support zone. It must be at least 1,000 feet from schools and day care centers and at least 300 feet from residential zones and houses of worship, measured property line to property line. A township official said about 34 locations meet those rules.

No one may use cannabis inside the store, on the property or in a car parked there. No one under 21 may enter. Hours are limited to 9 a.m. to 9 p.m. The store must have a licensed armed security guard during business hours, security cameras and a 24-hour monitored alarm, and must keep camera footage for at least 40 days and give it to township police on request. The township can revoke the license if any requirement is not met, Ambrosino said.

The license carries a $10,000 fee and a $5,000 annual renewal. The township will also collect a 2% local cannabis tax on sales, which will go into a dedicated account used to reduce the amount raised through property taxes. Ambrosino said that account could take in more than $200,000 a year.

Answering a resident who said the license should cost far more, an official said state law limits the fee to the township's estimated administrative costs.

Ambrosino said the township is building a scorecard to rank applicants, which he expects to release in early November. "We will score everybody quantifiably," he said.

Supporters

Ambrosino said the 2021 ban reflected caution while legal sales were new in New Jersey. "And now, five, six years later, I think we're more comfortable that there's a net positive to be gained," he said.

Councilwoman Lisa Reina said 65% of Brick voters backed the 2020 statewide ballot question legalizing recreational cannabis. She said she knocked on more than 300 doors, and that more than 60% of the residents she spoke with favored a dispensary, 15% were unsure and 23% were opposed. She said she has never presented that as a scientific survey.

Councilwoman Melissa Travers, who said she is a health care provider, said a regulated store lets people who need cannabis for health reasons buy it "in a controlled way, in a controlled setting." Council President Steve Feinman said a properly regulated dispensary could bring tax revenue and local jobs.

Mayor Lisa Crate, who was council president when the 2021 ban passed, said officials should be able to change their minds as they learn more.

Opposition

Cohen said nothing had changed to justify reversing course. He noted that marijuana remains illegal under federal law, which he said still affects gun buyers, commercial drivers and federal workers. He also cited reports of children's emergency room visits linked to edibles.

"Good policy should drive revenue," Cohen said. "Revenue should not drive policy."

Cohen said the township had projected about $66,000 a year from cannabis businesses when it adopted the ban, compared with more than $200,000 now. He questioned why the township needed the money if its budget was as strong as Democratic leaders had said. He also said he wanted the license selection process to be fair to every applicant, adding that he was not accusing anyone of wrongdoing. Cohen said the question should have gone to voters.

Several residents agreed. One said he voted for legalization in 2020 but has since changed his mind, and that the township should hold a new vote because "it's not six years ago." Another, who also asked for a referendum, raised traffic safety on Route 70, Chambers Bridge Road and Brick Boulevard, saying a dispensary could draw shore-bound drivers to busy roads.

Other speakers backed the ordinance. A representative of United Food and Commercial Workers Local 360, which represents cannabis workers, urged the council to pick a company based on merit, including labor and environmental commitments. A licensed cannabis manufacturer said state rules already govern how dispensaries run and urged the council to vet the license holder closely.

The council's next meeting is Nov. 10.