UPPER FREEHOLD ADOPTS ORDINANCE AGAINST GROWING MEDICAL MARIJUANA

UPPER FREEHOLD - The Township Committee unanimously adopted
an ordinance Thursday meant to thwart an unpopular proposal to grow
medical marijuana here, but it's not yet clear whether the nonprofit
group that brought forth the plans will challenge the new law in court.

"We owe it to our community," Committeeman Robert Frascella said
before voting in favor of an ordinance that would prohibit township
officials from approving any application that violates federal law. "I
don't see any benefit to our town."

Last month the committee held a public hearing on the plan to
cultivate medical marijuana in this farming community. Under the plan,
Breakwater Alternative Treatment Center would build two greenhouses
totaling 14,760 square feet to grow organically the medical marijuana
and another 5,600-square-foot building to dry, cure and store the
pesticide-free crop. Breakwater filed four applications in October and
November, two for vacant parcels at 86 Rues Road and one each for 170
Route 526 and 123 Route 539.

The committee introduced the ordinance Dec. 1 as a means to stop
Breakwater from perusing its plans.

At least 24 residents urged the committee to adopt the ordinance,
saying the facility would create an unsafe environment that sends the
wrong message to their children. They argued that the nonprofit would
enjoy property tax exemptions and create the need for a police force.
They also took offense to threats of litigation by Jon Fischer,
director of Breakwater.

Fischer urged the committee not to be hasty and sit down with his
representatives to figure out how they can make this project work.

"Legally, the ordinance is a mistake," he said, adding that the
measure is a "step in the wrong direction."

Another resident, Elliot Weisner, said the ordinance was a "knee-jerk
reaction" for a proposal that hasn't come before a zoning or planning
board.

Before the vote, Mayor LoriSue Mount said that Breakwater should take
its threats of litigation to the state, which put municipalities in
the tenuous position of hosting an operation deemed illegal by the
federal government. She also closed the door on further
discussions.

"What are we going to take about?" Mount said. "It's against federal
law ... no means no."

After the meeting, Fischer said Breakwater would have to "weigh its
options" and "see what the best business decision for us is" when
asked if the nonprofit would peruse litigation.

"They should have taken a step back," he said. "I'm pretty confident
the law protects us against this situation."

Still, it's exactly what the residents wanted.

Former Mayor Bill Miscoski said his main concern was security. He said
he believes the medical marijuana facility would attract trouble, and
a town that relies on the State Police would be ill-equipped to
respond quickly to a violent situation.

"I'm not against medical marijuana," he said. "But let's tell the
state and the federal government, no, we don't want this in our backyard."