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This provision has its genesis in the desire to guarantee that those granted the advantage of a valuable cannabis franchise not benefit from New Jersey's Farmland Tax Assessment program, by which homeowner who operate farms get generous allowances from New Jersey's normally sky high regional real estate tax.  Check it Out  is intended to encourage the preservation of farms and open space, especially in the face of rural advancement.

The intent seems to be to prevent rewards, which are meant to spur economic development that wouldn't otherwise occur "however for" the state or local reward, from being directed toward cannabis licensees, who arguably are extremely incented to construct without the requirement for public largesse. While this proposal is plausible enough on its face, we question whether marijuana companies need to be dealt with differently from any other business operating in a high expense state like New Jersey.

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But the biggest issue for marijuana companies hunting for property emerges from Section 37's exorbitant effects for property owners who lease to cannabis companies: "a residential or commercial property owner, developer, or operator of a project to be utilized, in whole or in part, by or to benefit" a marijuana license "shall not be eligible for a State or regional financial reward throughout the amount of time that the economic incentive is in effect." the issuance of a marijuana license "at a place that is the subject of a State or regional economic reward shall revoke the right of a residential or commercial property owner, developer, or operator to benefit from the economic reward as of the date of issuance of the license." If siting a cannabis company will invalidate any financial incentive on which a designer relied, residential or commercial property hounds will discover those residential or commercial properties to be off the table.

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The provision successfully prohibits landlords who have gotten any type of state or local reward from leasing any portion of their property to cannabis organizations, at the danger of losing the entire incentive on which their project was financed. This will limit the number of available homes for growing and selling marijuana.