Teaneck Voices 1000 ft rule: What NJLM Actually Said

Published On December 18, 2024 » 11 Views» By Charles Powers » Recent Posts, Slider, Uncategorized

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Near the close of the December 19 Teaneck Planning Board hearing on whether to approve 2 new cannabis operations at 455 Alfred Avenue, several residents cited what they claimed was a federal Controlled Substances Act rule that no such facilities could be located within 1000 feet of, among other facilities, playgrounds. Englewood’s Denning Park is so located.

After the end of public input, one PB member said he had gone to the NJ League of Municipalities website. He accurately then read a very short portion of that NJLM quote which did say that the state’s own 2021 cannabis legislation had removed the 1000-foot rule.

And, the PB board member then said: “and I believe that’s the law” which, he said “has not been accurately represented” by Town residents. He got murmurs of support from two other PB members. Readers with several minutes can watch/listen to this statement. (Click Here and go to 2hr&18min of the video.) Minutes later the Board voted unanimously to approve the Alfred Avenue cannabis facilities.

There is, however, a problem. The PB member HAD FAILED TO READ THE last 2 paragraphs of that very same NEW JERSEY MUNICIALITIES’ STATEMENT – which, as we will show here, does, itself cite the same federal law which has just been cited by the residents. And that NJLM statement then directly asserts that the federal law preserves the prohibition about locating cannabis facilities 1000 feet from playgrounds.

Perhaps the best way to show what the League of Municipalities does say is to print the section quoted by the . We will, in what appears below:
1) REPRODUCE in italics precisely what the PB member read and then
2) in bold underlined type show all of the NJLM statement that the PB simply failed to read.

And thus the reader will see clearly why the statement that the state law is the entire law is completely false.
Prohibiting cannabis facilities within 1000 feet of a playground is applicable federal law

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From the NJ League if Municipalities Website –– Click Here

Can cannabis facilities operate within “Drug-Free School Zones?”

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The recently adopted cannabis legalization law changed the definition of “controlled dangerous substance” within the CRDA to preclude legalized cannabis. This change means that a licensed and authorized cannabis facility may operate within the 1,000-foot drug-free school zone.

It must be noted, however, that while cannabis is no longer considered a controlled dangerous substance under New Jersey law, Federal law continues to identify all forms of marijuana, including medicinal marijuana, as a Schedule 1 controlled substance that has potential for abuse and diversion pursuant to the Controlled Substances Act, 21 U.S.C. §§ 801 et seq.

Under the federal Controlled Substances Act, “distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within 1,000 feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 1,000 feet of a public or private youth center, public swimming pool, or video arcade facility,” remains a Federal criminal offense.

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