Why are we permitting cannabis commerce in West Amwell?
The short answer is financial stability – but first some 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:
- Do nothing and adopt the state guidelines – which would mean that it would be permitted in every commercial zone with no local restrictions.
- Prohibit all cannabis commerce – but we would have the ability to opt-in at a later time.
- 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 decided that the prudent approach 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, we took option 3 and constructed an ordinance which was based on samples from neighboring communities and with State input.
Again, during the runup to the 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.
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.
Why in the Neighborhood Commercial zone?
Because there was a large, unused building on the corner of 518 and Rock Road. It is both reasonable and prudent to consider the existing structures and the condition of the same when making these decisions.
Did Green Medicine’s potential business sway or impact the local ordinance?
Probably – how could it not? Is that a bad thing? No. 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?
Because it was based on State regulations that were being changed almost continuously. 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 a way they were in that 1) They paid for them, but these same experts must maintain their professional licensure and might lose it were they to provide false testimony. 2) Our Engineer, Planner, and Attorney are paid for by the applicant (via escrow) to review all the application materials. Our professionals have access to subject matter experts and use them in their review. In addition, we can engage additional experts at the applicant’s expense.
Green Medicine was treated no differently than any other applicant would be for a similar plan.
Why were so many waivers granted?
We have one comprehensive list of requirements for land development applications and naturally some either do not apply or can 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.
Were the Township officials bribed by Green Medicine?
No – as part of a Host Community Agreement (which was negotiated by the Township Committee expressly excluding the Planning Board) 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. In an effort to assist in any startup expenses that might be incurred, Green Medicine will 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. This is in addition to paying their property taxes.