Ever since Gov. Phil Murphy said on the campaign trail last year that he wanted to legalize recreational marijuana and expand medical marijuana access, Hoboken officials and residents have wondered whether the Garden State will follow states like Colorado and Oregon and allow recreational marijuana sale and use within city limits. Since the substance is not legal in New York, and neighboring towns such as Weehawken have recently moved to ban its sale and use in commercial establishments, Hoboken’s neighbors may take a train or bus ride to the mile-square city to indulge. And that has some people talking about what sort of boundaries, if any, City Hall needs to set.
The state already permits medical marijuana usage for those who have a prescription, under tight restrictions. The management of a medical marijuana dispensary in nearby Secaucus expects it to open this spring, the first such facility in the area.
If marijuana growing, sale, and use are legalized in New Jersey, local officials would have to look at how their current laws (such as those restricting smoking in parks and near schools) would have to be changed to regulate the use and sale.
According to a poll released by Monmouth University on Thursday, six in 10 New Jersey residents support legalizing marijuana use, with support 11 points higher than it was four years ago.
Most say that such a policy will help the state’s economy, and few think it will lead to an increase in drug crime.
The governing bodies in Weehawken, Union City, and Jersey City have already proposed regulations to deal with aspects of marijuana sale in their towns.
Hoboken’s officials have not made similar moves yet, although Councilwoman Tiffaine Fisher asked on Twitter in March what residents thought about the potential for New Yorkers to come to the city to smoke. Of the 20 respondents, some said it should be allowed in town, but only with special zoning, while others want it kept out of the city and were worried about an influx of New Yorkers.
Mayor Ravi Bhalla said last week that the city is monitoring what is happening at the state level. So far several bills have been introduced regarding the legalization of recreational marijuana sale and possession. Currently the state legislature is holding public hearings across the state to gather opinions on legalization. The first hearing was conducted at Middlesex County College last weekend and the next hearing is scheduled for April 21 at Rowan University.
Mayor’s thoughts
Bhalla said last week that he believes legalization “would be a big step forward for racial justice.”
“As a civil rights attorney, I view this from the lens of criminal justice reform,” said Bhalla. “Black and Hispanic residents are disproportionately targeted at a high rate for minor infractions compared to the rest of the population. Legalization would be a big step forward for racial justice. Disproportionate arrests of minorities in Hoboken for minor personal marijuana usage is both discriminatory and a major waste of police resources that would be better spent on real crimes.”
But will the sale, use, and growing be regulated in Hoboken?
Bhalla said he believes that if marijuana is legalized, the state should consider limiting the sale to an online mail order system, available only for state residents.
“This will allay concerns – legitimate or not — of brick and mortar retail dispensaries causing quality-of-life challenges,” said Bhalla. “This incremental approach has been taken successfully by other jurisdictions around the country.”
Quality of life concerns expressed by those interviewed, both residents and officials, included smoke in the streets, kids seeing it, and dealing with more visitors from New York.
Council President Ruben Ramos said the council has begun to discuss and research possible future actions they could implement in Hoboken, such as updating the city’s zoning to specify where and how recreational marijuana could be sold, if the council wants to allow the sale at all.
He said the updates could be included in the city’s master plan reexamination as well, a blueprint for the future of the city.
Bhalla said that if New Yorkers come to Hoboken to smoke, “This will benefit the many wonderful restaurants in Hoboken.”
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Quality-of-life concerns
Residents had mixed views on the matter last week.
Emily, a resident of six years who was strolling on Washington Street last week, said, “I don’t want to be walking on my way to go get groceries and have someone exhale the smoke in my face when I walk down the sidewalk.”
However, the state has laws pertaining to where substances can be smoked including: not within public parks, outside cafes, and not within 20 feet of any municipal building.
The New Jersey Smoke-Free Air Act defines smoking as the “means of burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked.”
City spokesman Santiago Melli-Huber says such laws will also pertain to smoking marijuana if it is legalized.
“Although it doesn’t specifically mention marijuana, the city’s law department believes this includes marijuana as the act includes ‘any other matter that can be smoked,’” said Melli-Huber who noted that it also applies to electronic cigarettes.
Julio Medina who works at a local smoke shop on Washington Street, said that although he supports the sale and use of medical marijuana, he has concerns with recreational marijuana’s impact on daily life.
“I don’t think it should be permitted, because I don’t think it allows people to be very productive, but that’s just me personally,” said Medina.
He did not want to speak on its possible effect on the business.
Ramos said he has heard from some parents who are concerned that marijuana might be displayed in storefront windows.
He said the city could implement zoning changes including restrictions on where marijuana is placed in a store.
Fisher said she has heard from residents who were worried about an influx of New Yorkers.
Bhalla said this is not a major concern. “We welcome all visitors to Hoboken who want to respectfully experience our city, and there is no evidence to suggest that marijuana causes violent or destructive behavior in the way that alcohol can,” said Bhalla. “If New York City residents do come here to buy and use marijuana, my expectation is this will benefit the many wonderful restaurants in Hoboken.”
Ramos said he believes that it could be an economic benefit to some local establishments, but the city may not benefit directly from recreational marijuana sale. He believes there should be a tax.
“As of right now the [state’s] bill doesn’t include any type of tax that could go to a municipality,” said Ramos. “I’d like to see an incentive like the hotel tax for hotels where a portion goes to the municipality.”
Surrounded by action
There might also be an influx from neighboring towns, whose governing bodies have banned the sale of the substance in their limits.
To Hoboken’s west, the Union City Board of Commissioners voted on Feb. 13 to prohibit the operation of facilities that cultivate, manufacture, test, or sell marijuana within the city limits.
The ordinance states that this decision was made in order to preserve public health, safety, and welfare of the city and its residents.
“The city has determined that businesses that sell and distribute medicinal and recreational marijuana require special concern for security,” states the ordinance.
To the north, Weehawken has amended its zoning to ban the commercial sale, growth, distribution, and use of marijuana in retail/commercial establishments.
To the south, the Jersey City council voted on April 11 to delay adoption of an ordinance to ban growing and selling recreational marijuana in the city. They want to give the public more opportunity to speak out about the issue.
Ramos said the council is focusing on other matters right now, but will look at marijuana eventually. “We are working on infrastructure upgrades like paving Washington Street, the municipal budget, park designs, and Union Dry Dock,” said Ramos. “We have a lot of things going on and this isn’t at the top of the list. The state hasn’t legalized it yet and it will definitely be awhile before there is a vote on the bill.”
Marilyn Baer can be reached at marilynb@hudsonreporter.com.

