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Some residents of a New Jersey borough say they don’t want their neighborhoods to become destinations for pot smokers, so they’ve filed a lawsuit attempting to stop the sale of legal weed in town — the group’s second such attempt to do so.
In a lawsuit filed in the Middlesex County Superior Court last month, seven local citizens and a cannabis victims group are challenging Highland Park’s ordinances and resolutions that permit licensed cannabis businesses to operate within the town’s borders.
The group argues the borough council’s legal weed laws violate federal marijuana law — which, unlike New Jersey, prohibits the possession, use and distribution of cannabis.
Highland Park’s council recently issued a business license allowing a state-approved cannabis retailer to open in the municipality, officials said in a statement. And, there are at least four other legal weed dispensaries poised to open in the town once they receive state approvals.
The lawsuit claims on Jan. 9, a cannabis business license was retroactivity issued by Highland Park and the next day legal weed was sold by that business, according to court documents.
The borough said it has not violated either New Jersey or federal law by legally allowing these businesses to operate.
“The Borough has followed all of the required state regulations in authorizing cannabis retail businesses to operate in the Borough and has not violated any federal or state laws permitting cannabis retail businesses to open in the Borough,” Mayor Elsie Foster said in a statement.
“The Borough is very disappointed that several residents have filed a new lawsuit over the Borough’s decision to allow (cannabis retail businesses) to operate in the Borough,” Foster said.
The attorney representing the local residents and the victims group Cannabis Industry Victims Educating Litigators, did not respond to a request for comment.
In the lawsuit, the group argues the resolution and licenses allowing authorized weed sales have a negative impact on the health, law enforcement, public safety and economy of the community. They also said that the borough’s decisions on legal weed harm the children in the community.
One resident said locals don’t want to see Highland Park turn into a “Pot City Destination,” according to legal documents.
This isn’t the first time this group has waged a legal battle against Highland Park’s cannabis laws.
In April 2020, the same residents filed a similar lawsuit — which was later dismissed by a superior court judge — challenging the borough’s legal weed ordinance. That decision was appealed by the group and is currently pending in the state appeals court.
The New Jersey Attorney General’s Office wrote a letter last month opposing the appeal, stating that the Highland Park group lacks standing to challenge the state’s cannabis legalization act passed in 2021, known as CREAMMA.
There are now at least 100 adult-use and medical cannabis dispensaries across the state.
Deputy Attorney General Nathaniel Levy also told the court that CREAMMA does not conflict with federal cannabis laws but aligns federally by “combating drug abuse and preventing diversion to illicit markets,” according to court documents.
Highland Park officials said that they are confident the lawsuit pending in the appeals court will stay dismissed.
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Nyah Marshall may be reached at Nmarshall@njadvancemedia.com.