Newly elected NJ Governor Phil Murphy has stated his intention to legalize marijuana for those 21 and older in New Jersey. In response, Point Pleasant Beach just took preventative action by banning the sale of marijuana within the entire borough.
If the bill currently in the New Jersey State legislature passes, selling marijuana for recreational use will be legal and residents will be able to purchase, possess, and use marijuana recreationally. However, municipalities in New Jersey will be given the choice to allow marijuana cultivation and sale within their limits. With this decision, municipalities will have to determine whether or not they want marijuana tax revenue or if other factors take precedence over the potential influx of industry and tax dollars.
Point Pleasant Beach is a small borough in Ocean County with a population of less than 5,000. It’s beaches call many visitors to the Jersey Shore in the summer months, many of whom spend time at Jenkinson’s Boardwalk. “Jenk’s” as it’s often called, is a busy one-mile stretch of boardwalk with food, amusement rides, an arcade, minigolf, and other games. One would imagine Point Pleasant Beach would be a good place to sell marijuana for recreational use because there are many young people and tourists who flock to the area throughout the year. Not so, says the borough council.
On December 19th, the Point Pleasant Beach council approved an ordinance that outlaws selling marijuana within one-quarter mile of schools, churches, neighborhoods, and some business districts. The rule is structured to cover the entire borough, making the sale of both medical and recreational marijuana illegal. Selling marijuana paraphernalia is also banned in Point Pleasant Beach.
Depending on the outcome of the ongoing marijuana debate in New Jersey, it may no longer be unlawful to possess any amount of marijuana in the state. It is currently a disorderly persons offense to possess under 50 grams of marijuana, punishable by a fine of up to $1,000 and up to 6 months in jail. Although marijuana may be legalized in the coming months, this will not preclude municipalities like Point Pleasant Beach from prosecuting those who violate their local ordinances about marijuana sales.
Marijuana Lawyers in Point Pleasant Beach, New Jersey
Until something changes, it is essential to find an experienced criminal defense lawyer if you have been charged with a marijuana offense in New Jersey. Based on the recent decision in Point Pleasant Beach, you may still find yourself in a difficult position if you are accused of selling marijuana against the borough’s strict rules. At Proetta & Oliver, our experienced attorneys regularly defend clients charged with marijuana possession and distribution in Ocean County. Contact us today at 848-238-2100 for a free consultation about your marijuana charges. We are always available to answer your questions and discuss the best defense.
For additional information related to this matter, access the following article: An N.J. beach town just banned weed sales. Will others follow?