Council approves marijuana cultivation permit at 302 Marcus Court with odor-enforcement condition

Newark City Council on July 14 approved a special-use permit allowing Herbal Growers LLC to operate an indoor marijuana cultivation facility at 302 Marcus Court, with a council-added condition giving the city authority to suspend or revoke the permit if credible evidence — for example, a trained police officer’s finding — shows marijuana odor crossing property lines and the problem is not rectified.

Planning director Renee Densley told council the location is in the city’s MI (general industrial) district and meets the code’s requirements for indoor cultivation. The planning commission voted unanimously to recommend approval. Applicant Naman Patel told council the operation will use carbon filtration, air-lock corridors, energy-efficient LED lighting and access controls; he said the team visited facilities in other states to design odor controls and security systems.

The main issue at the public hearing was odor and neighborhood impacts. Shantel Allen, who operates a nonprofit clothes-collection and reuse business adjacent to the site, said the facility is too close to organizations she serves and to a nearby school and warned that odor would damage her operations. Councilwoman Ford spoke against the permit at the vote, saying the proposal would “adversely affect the health and safety” of people living and working nearby. Supporters on council — including Councilman Lawhorn and Councilman Brown — said the site is in an industrial zone and noted the applicant’s security and odor-control plans; several council members emphasized enforcement should problems arise.

Council appended a condition, drafted in open session and read into the record, that reserves to council the right to suspend or revoke the special-use permit if it receives credible evidence — for example, a trained Newark police officer’s report — that the odor of marijuana is emanating from the facility across property lines. The permit would remain suspended or revoked until the odor problem is rectified.

The motion to approve the permit with the additional enforcement condition passed 4–2. Council votes were recorded on the floor during the meeting.

The site is roughly 900 feet from the New York Charter Primary School across the railroad tracks, according to the planning director. The applicant said no retail marijuana sales are planned at the facility.

Because the council treated the permit as a special-use approval, council members and staff noted the city will be able to require follow-up inspections and could pursue progressive administrative enforcement if complaints recur.

The council’s approval does not change state licensing requirements; Herbal Growers must maintain a state conditional cultivation license and comply with state rules for security, tracking and waste.