Angered by the proliferation of cannabis shops nearby, a band of Stamford homeowners is trying to use zoning lawsuits to shut down the marijuana retail industry across the state.
The homeowners along with the Stamford Neighborhoods Coalition contend that marijuana use and sales will worsen crime nearby, hurt property values and raise the frequency of people driving under the influence.
So far the organization has suffered a string of setbacks: A Superior Court judge dismissed its first case and the state Appellate Court wouldn’t take up its appeal.
But the group is back with a new lawsuit this year that seeks to block Luis Vega’s Nautilus Botanicals from opening a dispensary on the Darien border. The broader claim of the suit is that Connecticut’s cities and towns — along with the state itself — don’t have the right to authorize marijuana businesses.
“Marijuana is a Schedule I controlled substance under the (federal) Controlled Substances Act (CSA),” the lawsuit notes. “The state of Connecticut has attempted to ‘legalize’ cannabis by way of its Responsible and Equitable Regulation of Adult-Use Cannabis Act. This scheme runs afoul of the CSA.
“The Zoning Board of the city of Stamford is without authority to permit the business of Nautilus as said business’s primary activity is illegal under United States law,” it argues.
Bridgeport attorney David Herz, who represents the coalition, did not respond to a request for comment.
But a statewide marijuana trade organization on Thursday predicted that this type of lawsuit isn’t likely to win. The Connecticut Cannabis Chamber of Commerce also disputed some of the specific allegations by the coalition.
“We have witnessed within our state (that) fears such as increased criminal activity have not materialized when cannabis businesses are established. In fact, legal cannabis operations help curb the illicit market, reducing associated risks like unsafe drug use and criminal behavior,” said Adam Wood, the organization’s president.
“We believe that responsible cannabis industry supports community safety and economic growth,” Wood added. “We would also note that the majority of states in the United States have some form of legal cannabis industry. Therefore federal preemption is not likely to be a compelling argument in the court’s eyes.”
Marijuana sales have become a serious controversy in the Fairfield County communities of Darien and Stamford. When Connecticut legalized recreational marijuana in 2021, Darien banned sales altogether but Stamford decided to allow up to five retail shops.
But with the Curaleaf and Fine Fettle dispensaries already doing business and Sweetspot and Nautilus authorized to open, Stamford opted to tighten its rules and allow no more.
The Nautilus operation has been especially controversial, with the city’s zoning board getting sued from both sides.
Bridgeport-based Nautilus sued after zoning officials refused its application for a shop on East Main Street, but dropped the case after they approved a different site nearby. The coalition sued over the “yes” vote, arguing that the city overlooked residents’ interests.
“Allowing the business of Nautilus will increase criminal activity in close proximity to the homes and properties of the plaintiffs,” the suit contends. “Allowing the illegal business of Nautilus will foster further contempt for the law.”
The Chilton Trust wealth managment firm, located near the Nautilus site on East Main, is also suing. Darien resident Jaclyn Tyler started an online fundraiser to cover legal expenses, writing “Chilton Trust Company has exclusively covered all legal costs of the initial dispute against the application … Chilton Trust Company wants to support the community and has borne everything to this point. Now, we need to come together as a community over the next four weeks to raise the remaining funds, estimated at $25,000 to $30,000.”
H/T: MSN.com
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