POT CENTERS: WHAT'S THE HOLDUP?

By now, the owners of an empty storefront in Montclair expected to be
dispensing medical marijuana to hundreds of cancer and multiple
sclerosis patients suffering from demoralizing pain.

Instead, brown paper covers the windows, and the green awning still
bears the name of an old business. Greenleaf Compassion Center
officials have spent more than $80,000, all while they wait for the go-ahead.

As the two-year anniversary of Gov. Jon Corzine signing New Jersey's
medical marijuana act approaches on Wednesday, one thing is clear:
The health department isn't close to opening the first dispensary.

It is amid mounting concerns about the problem-riddled program that
officials at some of the six approved centers are taking a new
aggressive tone, calling out the state and threatening litigation.

"How long can it go on? ... Are (we) foolish to keep investing in a
failed program?" said Joe Stevens, the head of Greenleaf Compassion
in Montclair, a group that is not threatening any lawsuits.

At least two centers - Breakwater Alternative Treatment Center in
Central Jersey and Compassionate Care Foundation in South Jersey -
told The Star-Ledger it is likely they will sue towns that denied
plans to open facilities. Among other concerns, the owners fear a
not-in-our-town mindset will spread across the state as delays linger.

"Every time you go to a town and get turned down, it's harder to get
into the next town," said Bill Thomas, the C.E.O. of the
Compassionate Care dispensary. "The next town assumes something is
wrong. It's a contagion of ignorance."

The spokeswoman for the Department of Health and Senior Services,
Donna Leusner, did not give a specific date when Greenleaf or the
other centers will receive permits.
When asked about the centers' difficulties finding locations, she
said the department defers to local governance.

EMPTY SPACE

By all indications, Greenleaf Compassion Center is in the best shape
of the state's six medical marijuana centers. It's the only one to
get local approval, securing spots for a dispensary on Bloomfield
Avenue in Montclair and a grow site at an undisclosed location.

But Greenleaf is stuck in a holding pattern, unable to start growing
marijuana without a permit from the state health department.

In August, Stevens said, state health department officials told him
to build his grow facility, if he had a signed lease. The goal was to
open in January.

"I was foolish to believe the state," he said. "We moved forward on
good faith."
Since September, Greenleaf officials say they have paid rent on two
separate facilities and sunk nearly $55,000 into building part of the
grow site. The total costs, including the rent, exceed $80,000.

And as the monthly rent bills continue to arrive, Stevens doesn't
know when they will get a permit.

"I'm not getting any answers," he said, referring to the health
department. "There is no communication."

The Star-Ledger published a series of articles this fall that
detailed many problems with the state's medical marijuana program,
from disorganization to poor vetting of the centers' staffs. Since
then, state officials have made some changes.

Gov. Chris Christie tapped retired State Police Lt. John O'Brien in
late November to take over the program and implement a rigorous
backgrounding procedure.

Leusner, the spokeswoman for the health department, declined several
requests for an interview with O'Brien.

She said Greenleaf will be awarded a permit "when the Department is
satisfied that it has met all of the requirements in the statute and
regulations including completion of the Permitting Application form,
Personal History Disclosure form, fingerprints and an inspection of
facilities."

Additionally, she said the timetable for each center has "many
variables," pointing out the complexity of the applications and local
approval process.

THE WESTAMPTON SWITCH

Officials from Compassionate Care thought it was a done deal.

The South Jersey group nabbed an ideal warehouse in Westampton,
located off Exit 5 on New Jersey Turnpike, with an eager landlord.
Local officials seemed supportive, said Thomas, the group's C.E.O.,
who added that he put down a deposit on the property.

But that changed when the group had to face a land-use board and a
dreaded public hearing earlier this month.

"The people who are against something, they come out," Thomas said.

Attempts for zoning approval, and then a use variance, both failed.

Thomas anticipates filing an appeal in Superior Court, arguing that
the zoning ruling had no merit.

Even if a legal battle is under way, the group will explore sites in
five or six other towns.

"The first town that steps up and says we want your jobs, we want to
help people, we want economic development, ... we're there," Thomas
said. "... We're looking for some town that wants to be a hero."

Meanwhile, Thomas wonders how long this scenario can continue.

"At some point in time, we have to stop burning money, going town to
town and begging for a building," he said.

At a recent meeting with O'Brien and health department officials,
Thomas was frank about their challenges.

"I said, 'I may have to sue to get a building. Are you going to give
me a year to get a permit or are you going to take away my right to
have a permit?' " he said. "I didn't get an answer."

Thomas said he also questioned if there was another option, such as
the state leasing its own unused property or abandoned buildings.

Leusner, the spokeswoman for the health department, said she had "no
information" about the feasibility of that idea.

THE UPPER FREEHOLD DILEMMA

When it comes to creativity in the medical marijuana debate, Upper
Freehold takes the prize.

In December, officials in the agrarian community approved a unique
ordinance that prohibits any applications to the township that
violate federal law. While it does not mention medical marijuana,
it's clearly a tactic to block Breakwater Alternative Treatment
Center's proposed growing site.

"It's not a genuine act. It's not something they had on the books
ever before. It's designed for a single purpose," said Jon Fisher, a
Breakwater official. "It's baloney."

That's why his group is likely, although not yet certain, to file a
lawsuit in Superior Court in the coming weeks.

And he's adamant that Upper Freehold is wrong.

"Give us a fair shake," he said. "If you would have treated me
fairly, it wouldn't have come to this."

THE STATE'S POSITION

The state health department has taken a decidedly hands-off approach
in handling the local debates. No representatives have been present
at township zoning hearings, which have turned heated in some cases.

Despite criticism from some center officials, Leusner, the department
spokeswoman, said this is standard procedure.

"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," she said in an e-mail.

Sen. Nicholas Scutari (D-Union), who cosponsored the state law, said
he's recently encouraged by the resources the administration has
devoted, including the hiring of O'Brien.

"There's no real progress. It's been two years, and it's all about
the people, and the people are still suffering," he said. "It's terrible.

"I hope we're not having the same conversation 12 months from now."