The Jersey City Board of Education is raising the alarm about a cannabis dispensary proposed near a city elementary school, setting the stage for what could be a prolonged, ugly public battle over where legal marijuana will be sold in the city.
Board President Gerry Lyons, Vice President Gina Verdibello and Trustee Lorenzo Richardson spoke at a planning board Tuesday meeting to address a zoning application for The Cannabis Place 420 Corp. and argued that approval of the 1542 Kennedy Blvd. location could “create a dangerous situation” for children at nearby School 30.
They are maintained that putting a cannabis dispensary violate federal guidelines and would put federal funding at risk, although nothing in the federal statute on controlled dangerous substances says anything about school funding.
They claimed the crux of the issue is the contradiction between federal law and local law on the legality of marijuana. While it has been legalized in New Jersey and other states, it is still considered illegal on federal law, and selling marijuana within 1,000 feet of a school building is a federal offense.
Jersey City requires dispensaries to be at least 200 feet from a school. The dispensary at 1542 Kennedy would be more than 200 feet from School 30, but less than 1,000 feet. Federal statute says the seller can be prosecuted, but it does not call for any sanctions against a school that is close by, or the school district.
“By placing a dispensary within 1,000 feet, the Jersey City Planning Board will be aiding and supporting the violation of this federal statute, which could result in penalties including loss of funding to our district,” said Richardson, who failed to provide any evidence of the supposed threat to funding.
“For a school district and community that has already been significantly cut by state aid, any loss in federal funding would be devastating, unnecessary and unforgivable.”
Verdibello echoed Richardson’s objections and asked the planning board to delay on voting on The Cannabis Place, a request the board declined. It ultimately voted to approve the zoning that would allow the dispensary to proceed.
“If the BOE members can provide evidence (that shows federal funding would be rescinded) we will of course work with the state of New Jersey to amend the laws here in Jersey City,” city spokeswoman Kimberly Wallace-Scalcione said, noting that 75% of Jersey City voters approved legalization.
“The proposed laws in Jersey City were publicly considered with extensive community involvement over the last year before being approved, so this letter now from the BOE is confusing.”
Lyons said his opposition isn’t on the grounds that he disapproves of cannabis. “I don’t really care who smokes pot, who drinks, none of my business,” he said.
“Being on the school board on and off since 2010 I’ve seen all issues been brought up about places that have caused problems in the neighborhood schools, and I’m very fearful this will be one of those in the future,” Lyons said, although he didn’t cite any of them.
Planning board members noted that their votes are based only whether the application complies with all the zoning rules. The dispensary still needs approval from Jersey City’s Cannabis Control Board and a state commission.
The three school members noted other objections.
“Most schools, particularly Number 30, attempt to conduct outdoor classrooms in open space with the best and safest educational environment,” Richardson said. “With students being outside more while a cannabis dispensary is fully operational right next door is a recipe for disaster,” he said. “Children will be outside for significant portions of the day within eye and earshot of this dispensary while it’s open for business.”
Critics of the “location” critics says that like marijuana, liquor is a legal product that can impair people, but the proximity of liquor stores to schools has never been raised. In the case of School 30, three liquors stores are located within a radius of a few blocks.
The objections mirror complaints made by elected officials and some residents in Hoboken, where the city council has backed down from original plans and implemented new zoning restrictions.
The Jersey City City Council may not be so cooperative.
Ward B Councilwoman Mira Prinz-Arey pushed back against the board of education’s complaints, noting that the city council has held joint meetings with the board and the proximity-to-schools issue wasn’t raised. Other city council members could not be reached for comment.
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