During Monday’s Livingston Township Council meeting, the governing body acknowledged that the overwhelming majority of Livingston voters were in favor of the legalization of marijuana in the November election, but agreed that a series of public forums would be the best way to determine where and when the sale and use of marijuana should be permitted within the township.
“If we don’t opt out, there's a five-year ban on opting out, so you'll be stuck with what you have for five years,” said Kantor. "If you don't pass an ordinance, classes one through four and six will be permitted in industrial zones. That’s wholesaling, distributions—everything but retail; and retail would be limited to retail zones within your town. So if we don't act, that's the default.”
Kantor added that individual municipalities must also establish an ordinance dealing with cannabis tax, which he explained cannot exceed 2% on cultivating, manufacturing or retailing; cannot exceed 1% on wholesaling; and is based on the receipts of each sale.
If the governing body decides to allow marijuana retail within the township, Kantor reiterated that the council can enact an ordinance that sets limitations on such establishments, such as an ordinance that specifically governs the times, operation, location and manner of the businesses.