Jersey City cannabis board denies Local Modiv, again, OKs ex-councilman’s application

The Jersey City Cannabis Control Board (CCB) had a heated discussion with Garden Greenz, denied Local Modiv’s application a second time, and approved the application for a former councilman, and much more, at last night’s meeting.

By Daniel Ulloa/Hudson County View

First, the grower Glue Lagoon Farms was reviewed, likely to be the only legal cultivator in the city. Board attorney Ron Mondello said their paperwork and approvals were in order and they were approved with minimal conversation.

The CCB approved them 3-0 to applause, with Vice Chair Jose Cantarero absent.

“We do have a very, very diverse staff. We’re very community-oriented,” began Garden Greenz owner Brian Markey. They were up for the first renewal of their annual license and the board indicated they were seriously considering revocation.

“This is the only cannabis establishment we get complaints about. I feel uncomfortable even having to say this. There is a lot of harassment going on the plaza,” began CCB Chair Brittani Bunney, referring to their address on Newark Avenue Pedestrian Plaza.

“Never from me,” Markey replied.

Bunney said they saw videos of his associate Frank Robinson saying hateful things while standing next to him.

Commissioner Jeff Kaplowitz then alleged he saw a video where Robinson used hateful slurs.

“Using the n-word, using the f word, threatening, violence, in intimidation of another business there,” he declared.

“It was truly disturbing! You guys are menaces to other businesses. You’re standing next to someone … who is discriminating against the LGBTQ community!” she added.

“I’m at a loss for words,” Markey answered.

Mondello exclaimed that Garden Greenz violated the diverse inclusion principles of the Jersey City cannabis ordinance in the video he saw.

“The word ‘******’ brought a tear to my eye,” he declared.

“We don’t get complaints about anybody but Garden Greenz. It’s about Frank. Brian, I like you. I don’t know how you could stand next to him,” Bunney stated.

“I just want to say on the record that I respectfully request that Frank not harass any board member, we are just volunteers trying to do the right thing here and do no deserve to be harassed for this work,” Bunney said.

She would not allow Robinson to speak prior to the matter being adjourned until September 23rd, stating he will be there with an attorney.

Next, JC Element, located at 365 Central Ave. in the Heights, was there for their final approval.

The CCB approved them unanimously (3-0) with minimal discussion. They will be the third dispensary open in that neighborhood after Leaf Joint and Uforia.

Urth Company at 260 Martin Luther King Drive was next. Attorney Elnardo Webster identified former Ward F Councilman as the owner and praised his family for their successful business history.

His Light Rail Cafe has hosted many events for Hudson County Democrats and on 4/20 they hosted a rooftop party with underground legacy operators selling, Webster said.

Robinson added that his family has been operating the Real Deal Barbershop for nearly 40 years. He also mentioned that he works with many charities, including state Senator Angela McKnight’s (D-31) Angela CARES.

“I am not the biggest cannabis user, but I believe in the healing power of the flower, the herb itself,” Robinson added.

Bunney, Kaplowitz, and Commissioner Sonia Marte-Dublin all voted yes (3-0) on the application.

Robinson joins Hudson County Clerk E. Junior Maldonado, Hudson County Commissioner Jerry Walker (D-3), and Jennifer Moore, the daughter of Jersey City Council President Joyce Watterman, among the political class to receive cannabis licenses.

Bunney recused herself from Local Modiv hearing, which has been attempting to open at 155 Newark Ave. for over two years.

Garden Greenz and Downtown Flwr had sued them over them violating the so-called “600-foot rule” and they also sued the CCB last year. While a judge remanded the matter back to the CCB and they approved them in April 2023, the matter remains unsettled.

Modiv attorney Justin Jacobs explained the backstory a bit, mentioning that he felt their treatment the first time around was unjust, therefore they took their case to the courts.

“We did actually apply the criteria that is supposed to be done at the second hearing,”
Mondello replied.

Jacobs said the city council approved Local Modiv in April 2023, while the New Jersey Cannabis Regulatory Commission awarded them their annual license in October 2023.

“It’s a convoluted situation. We denied the application originally. You went to court. The judge remanded it back to us. We had an incredibly fast hearing on that without any substance,” Kaplowitz said.

“I filed the lawsuit. I know what it says,” Downtown Flwr attorney Frank Vitolo interjected from the crowd.

Mondello said he could speak later and asked him not to interrupt.

CEO Chelsea Duffey said she moved to Jersey City in 2016 and noted that Local Modiv has supported many different charities for children, as well as those who are food insecure. Vitolo then cross examined her.

“Has Local Modiv obtained a letter from the SID (Downtown Special Improvement District)?” he asked.

“We have not. That’s not a requirement,” Duffey replied, to which Jacobs agreed.

COO Matt Cimiluca said he now lives in Lavalette after living in Jersey City for eight years where he had a small business.

“We do own the building we’re in,” he noted.

“What specific measures has Local Modiv taken … to obtain the support of the Special Improvement District?” Vitolo asked.

Cimiluca said they’re a member of the SID and have not received negative feedback, adding that they take no position on cannabis applicants.

Marte-Dublin disagreed, stating that they have seen SID letters for other dispensaries. Cimiluca said they had been told otherwise and Vitolo harped on the subject.

“How many times have you reached back out to the SID?” Vitolo asked.

“We have been in some ongoing litigation we’ve tried to get through first due to your client,” Cimiluca replied.

“The SID is a big supporter of our client,” Vitolo declared.

“Did your client get a letter?” Mondello asked.

“I don’t recall,” Vitolo replied.

Jacobs claimed Downtown Flwr didn’t get one either and their resolution said the SID is neutral, to which Vitolo objected.

Moving on, Jacobs said a judge dismissed the distance issue raised by Garden Greenz.

Vitolo alleged that the CCB only approved Local Modiv the second time around since they incorrectly thought the judge demanded it.

“They applied after Local Modiv applied. They have a vested interest in knocking Local Modiv off,” Jacobs declared.

Kaplowitz admitted he thought the initial judicial finding demanded they get approval.

“This came back again. I was expecting far more detail. I have no love for Multi-State Operators (MSOs). I think they’re a sin,” he asserted.

Kaplowitz and Marte-Dublin expressed concern about the number of cannabis businesses in the area. Both also wanted more input from local businesses.

The application was denied 2-0, with Bunney abstaining.

“Best of luck,” Mondello said.

“We’re not an MSO,” Duffey replied.

“They’re an MSO, and I don’t like them,” Kaplowitz stated.

“It’s going to be litigated as it is,” Mondello concluded.