DC cannabis stores sued for proximity to schools

Two community organizations in Washington are taking legal action against the city for granting medical marijuana licenses to dispensaries located near schools in the Palisades and Penn Quarter.

Two lawsuits have been brought before the District of Columbia Court of Appeals: one by 1,000 Feet and another by ANC-2C, with the involvement of the Advisory Neighborhood Commission.

While there is a law that prohibits cannabis licensees from operating within 300 feet of D.C. schools, daycares, and recreation centers, there is an exception when schools are in commercial zones.

Washington has among the most lenient regulations nationwide concerning the proximity of marijuana dispensaries to schools, including San Francisco, which has a 600-foot requirement.

The District’s Alcoholic Beverage and Cannabis Administration approved licenses for two dispensaries: one that plans to open across the street from the BASIS charter school in Penn Quarter, and another for retailer Green Theory that opened within 1,000 feet of five private schools.

Previous attempts to challenge the license for Green Theory were rejected by ABCA due to a lack of standing.

“We want to protect D.C. kids from unnecessary exposure to drugs,” said Lucy Sullivan, speaking on behalf of 1,000 Feet. “We don’t believe that marijuana stores should operate across the street or next door to schools, and the D.C. government has been allowing that. And we think it’s a real danger to kids and communities.”

The local organization is advocating the city to enact a prohibition on dispensaries within 1,000 feet of schools, saying the city should abide by the 1,000-foot rule stipulated in the Safe and Drug-Free Schools and Communities Act.

“There is federal law that has been put in place to protect children, to ensure their safety and their health,” Sullivan said. “And we think that the D.C. government needs to abide by that law.”

The D.C. Council recently rejected a bill intended to eliminate the loophole and enforce a mandatory 300-foot rule for all dispensaries.

“We have not had a voice in this process,” Sullivan said. “So the process itself also needs to change. We believe that the kids and communities deserve a voice and a say in this, and we’re hoping that the courts will agree.”

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“Congress has the authority to allow the Department of Justice to enforce the 1,000-foot rule,” said Mark Lytle, who is suing the district on behalf of ANC-2C to stop a dispensary from opening up in the Penn Quarter neighborhood.

“And we think that maybe this will bring some attention to this issue and might get some help from congressional authors who are writing any riders or things that limit the Department of Justice from taking some action,” Lytle added.