WASHINGTON D.C., DC — Some neighbors and elected leaders met Tuesday evening to discuss whether a medical cannabis dispensary should be allowed to open next to a school building.
The proposed dispensary is located at 717 D Street, NW in downtown’s Penn Quarter neighborhood. BASIS Washington, DC, a public charter school, DC Basis Public Charter Middle and High School is located right around the corner and across the street at 410 8th Street, NW. According to the D.C. Code, a marijuana dispensary or liquor store cannot set up shop within 300 feet of a school, but a provision in the law allows for an exemption.
Parents call it a dangerous loophole.
“It doesn't make any sense to me. I mean, were there not any parents in the room when this decision was being made?” asked Peggy Asante-Spitzer.
Asante-Spitzer and her husband Glenn Spitzer’s son is a 7th grader at Basis.
“Maybe people do need this for medicine, but I felt like there's a better location for them to go and get their refills, but not across from any school,” Asante-Spitzer continued.
“You go to school, and you don't want these distractions, and it does tempt people who want to make some money off of some students,” added her husband, Glenn.
According to the Alcoholic Beverage and Cannabis Administration, UND Necessities LLC, or DC Smoke applied for a license back in November. WUSA9 spoke to the attorneys with Kinner & McGowan, PLLC who are representing DC Smoke who said their client will have security inside and outside the building and that their location was approved by all the regulatory agencies. That brings us back to the provision the Spitzers call a loophole.
“There was an additional provision that exempted such retailers, cannabis retailers, from this restriction if the school was located or is located in an area that's zoned commercial or industrial,” explained Advisory Neighborhood Commissioner Thomas Lee who represents single-member district 2C03.
Since BASIS is in Penn Quarter’s commercial zone, the 300-foot setback does not apply. Commissioner Lee said with the mayor’s plan to bring more families downtown the council may have to rethink the exemption.
“It could serve as a deterrent,” he said.
Lawyers for DC Smoke told WUSA9 they hope to reach an agreement with neighbors in a statement saying, “The applicant is striving to be a transparent community member and operate a regulated medical cannabis retail facility.”
Tuesday night, ANC commissioners voted unanimously to proceed with a formal protest.
Next, they will try to find a compromise with the developer. If a "settlement" can't be reached they say they'll take their case to DC's Alcoholic Beverage and Cannabis Administration.
Do you have a news tip on this story or any other story? We want to hear from you. Tell us about it by emailing newstips@wusa9.com.
MORE WAYS TO GET WUSA9
DOWNLOAD THE WUSA9 APP
Apple App Store: WUSA9 News on Apple
Google Play Store: WUSA9 News on Android
HOW TO ADD THE FREE WUSA9+ APP TO YOUR STREAMING DEVICE
ROKU: add the channel from the ROKU store or by searching for WUSA9.
For both Apple TV and Fire TV, search for "WUSA9" to find the free app to add to your account. Another option for Fire TV is to have the app delivered directly to your Fire TV through Amazon.
SIGN UP TO RECEIVE WUSA9 NEWSLETTER
Subscribe to our daily WUSA9 Newsletter for top stories from WUSA9 curated daily just for you. Get content and information right now for can’t-miss stories, Commanders content, weather, and more delivered right to your inbox.