Cannabis Commerce Frequently Asked Questions

Why is cannabis commerce permitted in West Amwell?

The short answer is financial stability for the Township – but first some history.

History

In the runup to the statewide public question on legalizing cannabis, the Township was faced with three options for planning cannabis commerce in West Amwell: 

• 1 - Do nothing. Do nothing and adopt the state guidelines – which would mean that it would be permitted in every commercial zone with no local restrictions. 

• 2 - Prohibit. Prohibit all cannabis commerce – but we would have the ability to opt-in at a later time. 

• 3 - Control. Adopt a local ordinance and set the conditions under which businesses can submit an application to the Planning Board.

  
  

The Planning Board and Township Committee have indicated that the prudent approach in their view would be to either prohibit cannabis commerce or craft a local ordinance based on the local results of the statewide question.  Since the statewide question passed here in West Amwell with 67 percent in favor, township government took option 3. The Township ultimately constructed an ordinance which was based on samples from neighboring communities and with State input. Again, during the run-up to the cannabis referendum, there was a flurry of activity from established cannabis growers, manufacturers, and retailers who wanted to capitalize on a huge business opportunity. 

In our case, a Colorado cultivating company sought to set up a cultivation operation in the vacant Lambertville Assembly of God building on Route 518 (Green Medicine New Jersey). At that time, in order for Green Medicine New Jersey to qualify for a state license they were required to obtain a letter of endorsement from the municipality in which their facility was to be located.  This requirement has now been changed and companies can obtain preliminary licensure without actually having a location secured.

Then-Mayor Rich provided the letter of endorsement to Green Medicine New Jersey after determining that they were bona fide.  It should be noted that the letter of endorsement in no way obligated West Amwell – Green Medicine would be subject to all the fees and procedures as any other land development applicant.

Motivation

The motivations of the township in pursuing this sort of cannabis business are quite simple. First, as mentioned above, Township residents voted overwhelming in favor of non-retail cannabis businesses (retail is dispensaries is another matter). Second, the Township is always in search of commercial businesses that fit within our master plan and an meaningfully boost tax revenue.

Why was West Amwell and this location chosen?

Because there was a large, unused building on the corner of 518 and Rock Road in an appropriate zoning area.  Contrary to rumors, the township does not allow "unlimited" cannabis warehouses. It only allows facilities within designated commercial zones.

Did Green Medicine’s potential business sway or impact the local ordinance?

Probably – how could it not?  Is that a bad thing?  We think not.  It should be noted that the ordinance undergoes review from the Township Committee, their Attorney, the Planning Board, their Attorney, Planner, and Engineer.  Further, there are public comment sessions offered by both bodies.  The bottom line is that decisions are not made arbitrarily nor in a vacuum.

Why was the ordinance modified a number of times?

Fundamentally, cannabis permitting is brand new in New Jersey, and it has been a learning process for all parties. Along the way, State regulations that were being changed almost continuously as lawmakers and potential licensees worked through issues.  This was new ground for all parties involved.

Why was the Planning Board meeting turned over to Green Medicine?

Because that is the normal procedure.  The applicant gets to present their application along with expert witnesses.  It is very much like a trial where litigants present their arguments and get cross examined.  The board acts as a jury might and renders a verdict.

Why wasn’t Green Medicine forced to hire independent experts?

In simple terms, there is no legal requirement that they do so, and there are also no ethical concerns in this case either.

In this case, the Township Engineer, Planner, and Attorney were paid for by the applicant to review all the application materials.  Our professionals have access to subject matter experts and use them in their review. In addition, the township can and does engage additional experts at the applicant’s expense. From what we can tell, Green Medicine was treated no differently than any other applicant would be for a similar plan.

Why were so many waivers granted?

The Township's approach to land development is to, by default, have stringent rules that set a high bar for development. The Township is continuously on guard against over-development of our natural resources. As such, we have one comprehensive list of requirements for all land development applications. The planning process begins with this, and then the list is winnowed down to the conditions that may or may not apply, or that should be postponed until outside agencies respond.  A cursory review of the last 10 years shows that every single application had at least one waiver granted.  We feel it is better to have a stringent set of requirements by default and then grant waivers as they make sense, as determined by the land use board and Township Committee.

Were the Township officials bribed by Green Medicine?

No. There is no evidence of this.

In terms of financial commitment to the township, as part of a Host Community Agreement, a one-time gift of $50,000 for improvements to Hewitt Park is to be conveyed to the Township when they receive their final Certificate of Occupancy.  Green Medicine will then pay the township a flat fee of $100,000.00 per year for the first 5 years of operation.  Finally, Green Medicine will provide 2% of their gross sales revenue directly to the Township every year. 

All of this is in addition to paying their routine property taxes.

All of this money helps to reduce the tax burden on township residents overall. None of it has found its way into Township officials' pockets.