Pubdate: Thu, 26 Jan 2012
Source: Examiner, The (NJ)
Copyright: 2012 Greater Media Newspapers
Contact:  http://examiner.gmnews.com/
Details: http://www.mapinc.org/media/4707
Note: Specify The Examiner as source in correspondence
Author: Jane Meggitt

WHERE THERE'S SMOKE

Has Pot Issue Prompted Proposed Millstone Law?

Law Would Underscore That Officials' Oaths of Office Prohibit 
Violating Federal Statutes

MILLSTONE - Although township officials aren't admitting that it has 
anything to do with medical marijuana, the timing of a proposed 
ordinance regarding faithful adherence to the oath of office raises 
the question of its actual intent.

The Township Committee introduced the ordinance by a 4-0 vote at its 
Jan. 18 meeting. A public hearing on the ordinance is scheduled for Feb. 15.

Neighboring Upper Freehold Township passed an ordinance in 
mid-December prohibiting any activity noncompliant with federal law 
from going before the zoning, planning or other applicable entities 
in the township.

On Jan. 19, Upper Freehold passed an ordinance stating that the 
township shall not expend or commit township or other public funds 
for preservation unless the property owner provides to the township, 
prior to acquisition, a signed and notarized affidavit stating that 
he or she will not rent, lease or conduct any farming operations that 
grow and cultivate crops in violation of federal law.

All of this comes as the result of the Ocean Township-based 
Breakwater Alternative Treatment Center's proposal to establish a 
facility to grow medical marijuana in the town.

Although medical marijuana use is permitted in New Jersey, it is 
still illegal on the federal level.

Plumsted and Howell townships passed similar ordinances.

Millstone Mayor Nancy Grbelja said no one has proposed any type of 
medical marijuana facility inMillstone.

The proposed ordinance states that New Jersey statutes prescribe an 
oath of office for elected and appointed public officials that 
pledges that officials will faithfully uphold the laws of the state 
of New Jersey and the law of the United States. It notes that 
potential conflicts with the oath of office may arise for local 
officials if the state, through the enactment of civil laws, provides 
and allows for actions by third parties that may be in clear 
violation of the criminal laws of the United States.

"This conflict can impact local officials in those circumstances 
where regulatory laws require local approval to be received from 
local officials so that third parties may undertake actions or engage 
in conduct which may be consistent with New Jersey civil law; but in 
violation of the criminal laws of the United States," the proposed 
ordinance states.

The New Jersey Compassionate Use Medical Marijuana Act was signed 
into law in January 2010.

"It is the intention, indeed the obligation, of the government of the 
township of Millstone to not take any action in furtherance of or to 
promote the violation of the criminal laws of the United States," the 
ordinance states.
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MAP posted-by: Jay Bergstrom