Pubdate: Thu, 15 Dec 2011 Source: Asbury Park Press (NJ) Copyright: 2011 Asbury Park Press Contact: http://www.app.com/ Details: http://www.mapinc.org/media/26 Author: Nina Rizzo, Staff Writer UPPER FREEHOLD ADOPTS ORDINANCE AGAINST GROWING MEDICAL MARIJUANA UPPER FREEHOLD - The Township Committee unanimously adopted an ordinance Thursday meant to thwart an unpopular proposal to grow medical marijuana here, but it's not yet clear whether the nonprofit group that brought forth the plans will challenge the new law in court. "We owe it to our community," Committeeman Robert Frascella said before voting in favor of an ordinance that would prohibit township officials from approving any application that violates federal law. "I don't see any benefit to our town." Last month the committee held a public hearing on the plan to cultivate medical marijuana in this farming community. Under the plan, Breakwater Alternative Treatment Center would build two greenhouses totaling 14,760 square feet to grow organically the medical marijuana and another 5,600-square-foot building to dry, cure and store the pesticide-free crop. Breakwater filed four applications in October and November, two for vacant parcels at 86 Rues Road and one each for 170 Route 526 and 123 Route 539. The committee introduced the ordinance Dec. 1 as a means to stop Breakwater from perusing its plans. At least 24 residents urged the committee to adopt the ordinance, saying the facility would create an unsafe environment that sends the wrong message to their children. They argued that the nonprofit would enjoy property tax exemptions and create the need for a police force. They also took offense to threats of litigation by Jon Fischer, director of Breakwater. Fischer urged the committee not to be hasty and sit down with his representatives to figure out how they can make this project work. "Legally, the ordinance is a mistake," he said, adding that the measure is a "step in the wrong direction." Another resident, Elliot Weisner, said the ordinance was a "knee-jerk reaction" for a proposal that hasn't come before a zoning or planning board. Before the vote, Mayor LoriSue Mount said that Breakwater should take its threats of litigation to the state, which put municipalities in the tenuous position of hosting an operation deemed illegal by the federal government. She also closed the door on further discussions. "What are we going to take about?" Mount said. "It's against federal law ... no means no." After the meeting, Fischer said Breakwater would have to "weigh its options" and "see what the best business decision for us is" when asked if the nonprofit would peruse litigation. "They should have taken a step back," he said. "I'm pretty confident the law protects us against this situation." Still, it's exactly what the residents wanted. Former Mayor Bill Miscoski said his main concern was security. He said he believes the medical marijuana facility would attract trouble, and a town that relies on the State Police would be ill-equipped to respond quickly to a violent situation. "I'm not against medical marijuana," he said. "But let's tell the state and the federal government, no, we don't want this in our backyard." - --- MAP posted-by: Richard R Smith Jr.