Agritek Holdings Inc. (AGTK)

[hoarseman]

Unfortunately, we've run into some opposition here in New Jersey:

Upper Freehold prepares for showdown over proposed N.J. medical marijuana greenhouse
Published: Thursday, December 15, 2011, 6:00 AM
Updated: Thursday, December 15, 2011, 12:33 PM
Amy Brittain/The Star-Ledger By Amy Brittain/The Star-Ledger

Upper Freehold residents and politicians will face off tonight over whether to approve an ordinance deisgned to thwart plans to a establish a greenhouse in the township.

UPPER FREEHOLD — Residents here describe their township as a community with lots of horses and green pastures, where turkey vultures take care of the roadkill and residents know to watch out for cyclists who flock to the friendly roads.

Town talk usually centers on the kids’ sporting events, weekend plans and what’s going on at the high school.

But now the residents have a new topic — and it’s a hot one.

The small township has become the unlikely epicenter of a showdown over medical marijuana. Its residents and politicians are mounting a fierce challenge to a proposal to open a marijuana cultivation site in their community of about 7,000 residents.

In a meeting scheduled for tonight, the township committee is expected to approve an ordinance designed to thwart plans by Breakwater Alternative Treatment Center, one of the state’s six planned medical marijuana centers, to establish a greenhouse in Upper Freehold to grow the pot it will be selling in a dispensary planned for Manalapan.

The ordinance would prohibit local approval for any applications, such as zoning permits, that violate federal law. After a period for public comment at the meeting, it is expected to pass unanimously, making it township law. In most states that allow medical marijuana, it’s considered unlikely that federal authorities would take action against the clinics, even though they violate federal law. But Upper Freehold is hanging its argument on the chance that such federal action could happen.

"If it’s against the law, it’s against the law," said Mayor LoriSue Mount, who said she’s hoping to talk with Gov. Chris Christie about her concerns. She says she is worried the state program could leave municipalities vulnerable against federal action.

But tonight’s vote may not be the end of it. Breakwater has tossed around the idea of a lawsuit that would contend that the municipality overstepped its authority by enacting law that goes against the state’s Compassionate Use Medical Marijuana Act.

For the state’s medical marijuana program, now nearly two years in the making, the litigation would be the latest headache in a series of delays, problems and complications. Of the six proposed centers, the majority are still without finalized locations.

Jon Fisher, one of Breakwater’s founders, said initial conversations about a cultivation site with Upper Freehold officials were cordial but that was before "everyone got wound up."

Responding to Breakwater’s hints at incoming litigation, Mount said it’s "unfortunate" that Breakwater officials have had a recent "change of tone."

"Listen, this ordinance leaves me no choice," said Fisher, who is an attorney but said he would seek outside counsel to handle the potential case. "I either leave or sue … The last thing I want to do is enter into a lawsuit."

Mount said her major concern is the cost of a legal fight.

"We don’t have the money to be the guinea pig on this," she said, adding that taxpayers will have to pick up the tab for legal fees, which have already amounted to nearly $10,000.

She brushed off the merits of a potential lawsuit, saying, "Anybody can sue anybody these days."

MISPERCEPTIONS

After word got out that Breakwater had submitted five applications for zoning approval of potential growing sites in Upper Freehold, the opposition steadily grew. Fliers have been posted in doctor’s offices, online message boards are dominated by the discussion and a petition of opposition has circulated, garnering nearly 900 signatures.

Some residents opposed to Breakwater’s plans say they’ve been unfairly portrayed by advocates and local media as fear-mongering folks who lack compassion, the type of people who would carry pitchforks and run the outsiders out of town.

"It’s obviously a very emotional situation. There’s a lot of opinion," said resident Chris DuBois, 41. "All we’re saying is, there’s better places to do this. When you start questioning someone’s compassion and selflessness, that’s kind of going over the line a little bit."

DuBois said he can’t speak for everybody in the township but estimates that the majority are not against medical marijuana.

"We’re just not happy about the way this was thrown into our lap by the state without any direction," he said.

Another resident, personal trainer Larry Chiaravallo, 55, also questioned the lack of guidance, saying residents have been doing their own research about how the state’s program has failed to get off the ground.

"Right now it seems like: Let’s just throw stuff at the wall and see if it sticks," said Chiaravallo.

POINTS OF CONTENTION
Medical marijuana's future in New Jersey With so little information about how New Jersey's program will work, The Star-Ledger visited two states with very different cannabis laws -- New Mexico, which the New Jersey Legislature looks to as a model of a responsible medical marijuana program, and Colorado, which has lax laws and is seen by some as a state that has lost control. (Video by John Munson / The Star-Ledger)

Among the township’s concerns: security for the site, the reliance on State Police in the absence of a local police force, the visibility of the greenhouse along major thoroughfares and the oversight of the state’s program.

Fisher said much misinformation has been spread.

For instance, the group is seeking only one cultivation site, but some residents assume they are planning five locations because five zoning proposals were submitted.

Other frustrations include security plans and the aesthetics of the building, Fisher said.

"There’s this belief that we’re planning on building something that looks like a prison and is an eyesore for the community," he said. "We’re hoping to build something as inconspicuous as possible. Our hope is that someone would drive by and not know we’re there."

Fisher also said he’s been surprised about the state’s "hands-off" approach to the volatile situation.

The spokeswoman for the state health department, Donna Leusner, did not answer specific questions about the Upper Freehold situation but said it’s the responsibility of the centers to work with local officials.

"As with all applications for permits or licenses before the department, we defer to local governance," said Leusner. "By way of familiar example, when a hospital or surgery center applies to the department for a license to operate, the department does not attend municipal meetings on its behalf."

Breakwater’s separate dispensary, which is where patients would actually go to get their marijuana, is still planned for Manalapan, although the center has not yet met local zoning approval there either, Mayor Andrew Lucas said Wednesday.

© 2011 NJ.com. All rights reserved.

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