The Only Two Cannabis Shops In Jersey City In Legal Battle Over Being Too Close To Each Other

A cannabis shop took legal action against Jersey City's planning board and a competitor for opening too nearby, alleging illegal approval.

What Happened

Jersey City's city ordinance mandates that the main entrances of cannabis retailers should be at least 600 feet apart.

However, the Cannabis Place 420 owner, Osbert Orduna, alleged that Kushmart's proximity to his business violates this requirement. He claimed that Jersey City’s supervising planner made a mistake about the distance from the nearest retailer, which led to the board's decision to approve Kushmart.

NJ True Jersey reported, "Kushmart’s front door is 338 feet away, roughly a block north at 1521 Kennedy Blvd., on the opposite side of the street."

The Lawsuit

The lawsuit filed by Cannabis Place 420 argues that the planning board approved Kushmart despite submitting an "incomplete" application after Cannabis Place 420 had received all of its local approvals.

Although the planning board claimed that The Cannabis Place 420 was not a legitimate business until it obtained construction permits, Orduna refuted this assertion, saying there is no such regulation. He pointed out that the city had already included his business on a map of city council-approved dispensaries.

“The problem with (pulling permits) is that it's nowhere to be found (as a requirement), it is not in the ordinance, it is not in any of the published FAQs, it is not on their website … It is published nowhere,” said Orduna, adding that the Cannabis Place 420 will be presented before the New Jersey Cannabis Regulatory Commission in the upcoming months.

Neither Cannabis Place 420 nor Kushmart have opened their doors. In fact, there are no legally operating weed stores in Jersey City.

Nevertheless, since recreational cannabis sales became legal in the state, it has hosted events like the 420 Expo, New Jersey's first BYOC (Bring Your Own Cannabis) consumer expo, numerous trade shows, B2B networking events and has opened nearly two dozen cannabis shops. Curaleaf Holdings Inc.CURLF has also launched sales at its Bordentown, NJ location.

Photo: Courtesy Of Matt Donders On Unsplash