Hoboken Pot Dispensary Was Rightly Approved, Panel Finds

A New Jersey appeals panel has given its approval to a Hoboken marijuana dispensary, saying the trial court was wrong to block it from operating based on an ordinance passed after it submitted a conditional use application for its location.

In an opinion published Monday, the three-judge panel reversed a trial court order blocking Blue Violets LLC from operating at a location about 200 feet from two schools, saying the Cannabis Review Board, or CRB, and the Hoboken Planning Board correctly based their decision on the law in place at the time of the application rather than a later-passed ordinance prohibiting dispensaries from operating within 600 feet of schools.

Michael C. Klauder of Cole Schotz PC, representing Blue Violets, said they’re pleased with the decision and he looks forward to seeing the business thrive.

“Given the growing number of municipalities that are establishing similar cannabis review boards, we believe this decision will provide clear guidance and appropriate protections to developers in the cannabis space,” Klauder said Thursday. “As an attorney, you live every moment of these cases alongside your clients. The change in the local ordinance, which was proposed and adopted after Blue Violets submitted a complete development application to the Hoboken Cannabis Review Board for approval, would have effectively destroyed this small family business.”

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