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Lebanon adopts ordinance banning commercial psilocybin production and service centers

Township Committee of the Township of Lebanon · September 18, 2024
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Summary

The Township Committee of Lebanon on Sept. 18, 2024, adopted Ordinance No. 11-2024 to prohibit commercial manufacturing, sale, delivery and client administration sessions involving psilocybin, psilocin and psilocybe spores in all zoning districts, citing public safety and consistency with local cannabis zoning rules.

The Township Committee of Lebanon voted Sept. 18 to adopt Ordinance No. 11-2024, which amends Chapter 400, Article II, §400-9 to prohibit commercial manufacturing and service provisioning of psilocybin, psilocin and psilocybe spores in all zoning districts.

Mayor Beverly Koehler moved to adopt the ordinance and Abe Abuchowski seconded; the motion carried with all five Committee members voting aye. The ordinance language defines “manufacturing” and “service provisioning” broadly to include planting, cultivation, harvesting, production, preparation, wholesale or retail sale, warehousing, delivery (originating within the Township), client administration sessions under a service facilitator, testing laboratories and alternate treatment facilities.

The ordinance states the Township relies on its authority under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and its general police powers (N.J.S.A. 40:48-1 et seq.). The preamble cites the Drug Enforcement Administration listing of psilocybin as a Schedule I controlled substance and says the Committee views commercial psilocybin facilities as presenting special security and safety concerns similar to locally regulated cannabis establishments.

Under the new provision, the listed commercial activities related to psilocybin and its derivatives are added to the “Prohibited uses” section for Residential, Business and Industrial districts; the ordinance takes effect on final passage and publication and requires notice to the County Planning Board, the Highlands Commission and the Township Tax Assessor as provided by statute.

The Committee held no public speakers on this agenda item during the meeting. The ordinance includes a severability clause and directs the Township Clerk to file required notices and affidavits of proof of service. Any ordinances inconsistent with the new rule are repealed to the extent of the conflict.