Commissioners oppose medical marijuana dispensary

RADNOR » After listening to a presentation from representatives of Ilera Healthcare late Monday night, the Board of Commissioners voted 6-1 to send the township solicitor to a zoning hearing board meeting to oppose granting variances for a new medical marijuana dispensary.

Then, on Thursday, the zoning hearing board granted Ilera a second continuance, after attorney Nicholas Caniglia said that two witnesses were unavailable to testify.

Commissioner Richard Booker questioned why the “term marijuana” had not been in the town-

ship agenda listings for the zoning request and instead the more generic “medical dispensary” was used.

Caniglia said the building that Ilera would like to use is in the R-5 zoning district but had been converted from residential use to an office in 1963. The company is requesting that 450-square-feet of space on the first floor of 1024 E. Lancaster Avenue that is owned by Crotonville Holdings, be changed to retail to permit the marijuana dispensary to operate. The rest of the building will include offices, including the company’s corporate headquarters. A parking variance is also needed.

Lisa Gray, one of the founders and CFO of Ilera Healthcare, gave a presentation about the company to the BOC. She said it has a “vertical license” to cultivate, process and dispense medical marijuana.

“Anecdotally, there is significant improvement to quality of life for these patients,” she said. “It’s anecdotal now because it was illegal on a federal level. Research is a very important aspect of what we’re doing at Ilera.”

The company, which also operates a dispensary in Plymouth Meeting, hopes to work with a university to build a database of research on the effectiveness of medical marijuana products for various conditions that it is approved for in Pennsylvania.

The company plans to open a third dispensary location in Philadelphia and has applied for another license for more dispensaries in the second round of licenses to be given by the state.

Officers in the company have a background in capital and pharmaceuticals, she said. They are used to working under regulations.

The dispensary will be

secure, with a guard, along with a receptionist in the waiting room and 24/7 monitoring. Clients will need to be buzzed in.

The interior will “look very Apple-esque, Modern and clean,” Gray said.

“There’s no connotation of hippyesque,” Gray said. “This is a very formal and regulated professional business.”

Radnor could also “anticipate significant revenue” to its tax base from the company, she said.

“Support of the community is a key element of our strategy,” Gray said. “So we do have money allocated for donations for organizations … We want to improve the quality of life for patients and be seen as a positive neighbor.”

Three people would be employed at the dispensary, including a pharmacist and a wellness associate. The hours would be 11 a.m. to 7 p.m.

While one of her slides lists 31,000 eligible patients in Radnor, later she amended that to Delaware County.

Commissioner Jake Abel asked if a doctor would be on staff. Gray said a pharmacist would be present. Patients would see their own doctors for recommendations.

Abel asked where there is “data on people who come in and get the prescription and either share it or sell it?”

Gray said the state Department of Health limits that by capping the monthly amount of the drug a patient is allowed to receive.

Commissioner Sean Farhy said officials from Ilera had “surprised me in my store and we had a little chat.”

“I did speak to many of my constituents and for the most part, unfortunately, they are against this,” said Farhy. “I take a totally neutral approach in evaluating this.”

He asked if the company could use the building without obtaining a variance.

Kevin Kochanski, the township zoning officer, said they need a variance for retail use.

“It’s no different than a pharmacy or a CVS,” said Kochanski.

“I guess the biggest concern that I have and my constituents have is we have an industry that’s in its infancy,” said Farhy. “So 450 square feet today, may or may not be what you need a year, three, four or five years from now. So then you may need more. The other issue that was brought to my attention is what happens when you leave. This is a startup company . ... I know these licenses right now are worth a lot of money, there is a lot of buzz around this. If you happen to sell it, in a year or two years what happens to that 450-square-feet of retail space?”

The location is near a residential neighborhood, parks and Villanova University.

“My biggest fear is what happens in two years or five years from now,” said Farhy. “I don’t want to open up the gate to something that has foot traffic much higher. The other concern is that I have is you’ve offered your projection for our mercantile tax. Would you sign something stating you’d have your headquarters here and run your other businesses through here so Radnor would get that mercantile tax?”

Board President Lisa Borowski said, “We’re not debating the merits of the business. It will come back to us.”

Farhy disagreed, saying the Zoning Hearing Board will vote on it “and it doesn’t get kicked back to us.”

Caniglia said, “What is being asked for here is that 450 feet as a dispensary, not the total use of the building. The rest of the building is being used as office. The top floor is a corporate headquarters. If a Burger King wanted to go in there they’d have to get a variance. This is limited to this

use … If the business expanded they would have to go back to the Zoning Hearing Board.”

“We would never want more than four patients in that area at a time,” said Gray. The 450 square feet “is what we need. Because of the regulations it needs to be very tightly controlled. As far as our headquarters, we’d be happy to sign an intent document.”

Farhy then suggested the company look at other retail spaces in Garrett Hill.

“Because it is highly regulated we’re limited,” said Gray. “It must be a certain distance from a school or a daycare. They need a secure loading area that is not visible to the street. The property cannot have a mortgage.”

“We thought real estate would be easy,” she said. “We’ve been looking in Delaware County and Philadelphia since we received our license.”

BOC Vice President Luke Clark voted against sending the solicitor to the Zoning Hearing Board.

Clark said later, “I voted against sending the solicitor to oppose the medical marijuana dispensary’s requested relief. My understanding is that the dispensaries that have been established in other municipalities in the region have not caused any negative impact on the community. The dispensaries are highly regulated, secure and inconspicuous so I do not see any negative impact on the township warranting the board to send the solicitor to oppose the requested relief. I understand the concern of some of the residents and officials but I don’t believe this would be detrimental to the community.”

Meanwhile, Zoning Hearing Board Chairman William Martin told Caniglia that a third continuance would not be granted and put the marijuana dispensary on the board’s agenda for Sept. 20.