Hudson County View

Hoboken council to vote on if cannabis dispensaries can be within 200 feet of schools

The Hoboken City Council is poised to vote on the first reading of an ordinance to decide if cannabis dispensaries can be located within 200 feet of schools, as opposed to the current 600 feet, with at least two council members adamantly opposed.

Culture Hoboken, Inc. proposed space at 321 Washington St. Photo courtesy of the Hoboken Cannabis Review Board.

By John Heinis/Hudson County View

The local legislation, sponsored by 5th Ward Councilman Phil Cohen and Councilman-at-Large Joe Quintero, says that the governing body wants their cannabis regulations more in line with New Jersey’s alcohol regulations.

“The Hoboken City Council seeks to align its Cannabis regulations more closely with NJ alcohol requirements; therefore, bringing local requirements more into conformity with the intent of the CREAMM Act,” the ordinance states.

” … Hoboken has made it clear that it wants cannabis retailers to operate here to (1) serve the needs of adult use customers, (2) reduce or eliminate the black-market sales, and (3) increase revenue to the city.”

An opposing resolution, sponsored by 2nd Ward Councilwoman Tiffanie Fisher and Council President Jen Giattino, says this would go against the cannabis regulations of at least 21 other states.

“A resident also brought to my attention that while a dispensary is prohibited from being located on the same block of a school, it could be located on the adjacent block,” the resolution cites from a March 1st, 2022 Nixle alert from Mayor Ravi Bhalla.

“As a result, I also propose that any dispensary be prohibited from being located within 750 feet of any school or early childhood learning facility.”

Also entering the fray is Liz Urtecho, who unsuccessfully challenged Cohen in November and is spearheading a lawsuit against the Blue Violets dispensary that remains ongoing despite their planning board approval getting vacated in September.

“This is concerning and raises questions about the city’s commitment to prioritizing the health and safety of Hoboken children. The proposed amendment would (1) reduce the allowable proximity to schools from 600 to 200 feet; (2) change the measurement of distance from point to point to ‘normal’ walking distance; and (3) allow dispensaries to open on the same block as a school,” she wrote in an email blast this morning.

“No state that has legalized marijuana has a school proximity law that is as low as 200 feet. In fact, the states, with the exception of one, have proximity restrictions of 500 feet or greater. This includes densely populated states like New Jersey. A 200 foot school buffer would place Hoboken as one of the shortest distances in the nation, raising concerns about the safety and well-being of the city’s youth in comparison to other jurisdictions.”

Cohen did not return an email seeking comment, but Quintero replied at length, first indicating that the proposal would not guarantee that any cannabis dispensaries would be close to schools.

“In Hoboken, we’ve permitted six licenses for retail locations – four are currently approved locally (with both Blue Violets and Harmony in limbo). Ultimately, we want to get six open and operating so that we can further our goals of serving adult use customers, reducing or eliminating black market sales, and increasing revenues for our city,” he told HCV in an email.

“Our current 600 foot rule practically eliminates the opportunity for future responsible retailers from finding suitable locations in Hoboken …  The NJ CREAMM Act is clear in that its intention is to control and legalize cannabis ‘in a similar fashion to the regulation of alcohol for adults.’ In Hoboken we simply aren’t doing that.”

He continued that the 600 foot rule makes cannabis dispensaries taboo, as opposed to liquor stores, also pointing out that neighboring Jersey City has a 200-foot rule, which will help keep Hoboken “better positioned to meet its goals of establishing this new market …”

As for Fisher, she said her resolution largely speaks for itself, adding that the ordinance is “rushed and irresponsible” since it goes against the common sense cannabis ordinance brokered by the mayor and council in April 2022.

Finally, city spokeswoman Marilyn Baer kept her response on this topic short and sweet.

“Mayor Bhalla looks forward to reviewing the modifications proposed by the ordinance, and hearing feedback from the community.”

The Hoboken City Council convenes at City Hall, 94 Washington St., tomorrow at 7 p.m. and the meeting will stream on their Facebook and YouTube pages.

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