Newark continues to debate marijuana dispensary rules; concerns raised over proximity to schools

Newark City Council members remain sharply divided as they continue to hammer out where marijuana dispensaries should be allowed to open in the city.

After a lengthy, contentious debate Monday night, they agreed to further whittle down the list of possible locations to address concerns that a proposed area along Elkton Road is too close to Newark Charter School and Las Americas ASPIRA Academy.

The leaders of both schools wrote a letter to council saying it is “disheartening and concerning” that the city is considering allowing dispensaries to open near the schools.

“In short, we are strongly opposed to a marijuana dispensary in close proximity to our school,” they wrote. “Each day along the Elkton Road corridor, which includes Christina Parkway, Elkton Road and Otts Chapel Road, we welcome over 3,000 students and 350 staff members to our facilities. As you can imagine, our number one priority is student and staff safety.”

Council has been debating how to handle dispensaries for more than a year. When the state legislature legalized marijuana last year, it gave cities and towns the ability to regulate where — and if — dispensaries can open within municipal borders.

An initial draft of the proposed zoning regulations limits dispensaries to three small areas on the outskirts of the city. Officials said they are seeking to strike a balance that allows dispensaries to open in Newark while keeping them away from residential areas, schools and the downtown area.

Under the proposal, dispensaries would only be allowed on properties zoned for general business, manufacturing or industrial that fall into three general areas:

- Southwestern Newark: The area surrounding Elkton Road between Christina Parkway and the state line. Eligible properties include a few commercial parcels along Elkton Road, a portion of Interchange Business Park and the Sandy Brae Industrial Park off Otts Chapel Road.

- Southern Newark: The area near the Interstate 95/South College Avenue interchange. Eligible properties include commercial parcels along South College Avenue and the Diamond State Industrial Park on Bellevue Road.

- Eastern Newark: The area around the intersection of Ogletown Road and Marrows Road. Eligible properties include commercial parcels on Ogletown Road and Marrows Road. Notably, the Grove at Newark is not eligible, but the adjacent parcel where Wawa and the former KFC are located is eligible.

Each prospective business would be required to petition city council for a special-use permit. The permit could be denied if council determines that the dispensary would be a detriment to the community. Bars and restaurants that serve alcohol operate on a similar system.

If the proposed dispensary is within 300 feet of a school, approval would require a supermajority vote, which equates to six of the seven council members.

In response to the concerns from the school leaders, council agreed to alter the Southwestern Newark zone to increase the buffer around the schools. However, the exact details still need to be worked out, Planning Director Renee Bensley said.

Beyond that, the council members still have widely varying opinions on dispensaries.

Councilmen Travis McDermott and John Suchanec proposed limiting dispensaries to only Fresh Delaware, the existing medical marijuana facility on Ogletown Road that will likely expand to sell recreational marijuana if and when the state allows.

Fresh Delaware has proven to be a responsible business and is in a good location, McDermott said.

“I don’t see a need to open it up to all these other locations throughout the city,” he added.

However, Mayor Jerry Clifton said that could create concerns about fairness.

“Is that legal that we can pick a pre-existing business and say, ‘You’re the chosen one, and we’re going to make sure you have no competition by our zoning regulations?’” Clifton asked.

Councilman Jay Bancroft, meanwhile, thinks the regulations should be more permissive than proposed. He advocated for allowing dispensaries on Main Street and in Suburban Plaza, Fairfield Shopping Center and the Shoppes at Louviers — all places that a majority of council members previously rejected.

“I actually think downtown is the place for it,” Bancroft said, arguing that it’s more accessible and wouldn’t require people to drive to outlying areas. “I’d like to hear more on why people think this is such a terrible thing.”

The final regulations will be considered by the planning commission July 2 and then come back to city council for final approval on Aug. 12.

The state is expected to begin issuing dispensary licenses in March.