by Jan Alex

For residents of East Mt. Airy, the possibility of a medical marijuana dispensary opening in their neighborhood seems a forgone conclusion after the state issued the business a license to operate – one of four granted in the City of Philadelphia. Although all the paperwork is in order, 9th District Councilwoman Cherelle Parker, in whose district the dispensary would operate, is trying to make sure it never opens

The dispensary, Terra Vida Holistic Center, received a preliminary zoning permit to operate at 8319-25 Stenton Ave. from the Philadelphia Department of Licenses and Inspections back in March, and more recently received a license to operate from the Pennsylvania Department of Health (PDH). Even with permission to operate from the PDH and L&I, however, the dispensary has met with opposition from its neighbors and local politicians that insist the location is not right for East Mt. Airy.

Both 200th District Rep. Chris Rabb and State Sen. Art Haywood have expressed opposition to the dispensary, particularly its planned location. Haywood initially supported the business owners, vouching for them on a personal level, but has since backtracked and suggested that “they pursue an alternative location.” Rabb has been staunchly against it from the beginning, citing concerns about crime.

Parker said that the business owners shouldn't be surprised by the push-back.

“This process has caught me and my community off-guard,” she told the Local, “This business did not take a proactive approach to communicating with me or the neighborhood.”

Parker’s opposition is perhaps the most difficult obstacle for Terra Vida to overcome in that, as a district councilperson, her influence on local zoning is strong. With both the councilwoman’s office and the would-be medical marijuana dispensary insisting the other was responsible for poor communication, it seems unlikely that a compromise is coming.

In late April, shortly after a community meeting at which neighbors voiced their concerns directly to Visco and Birnbaum, the councilwoman’s office filed an official appeal of the L&I permit to the ZBA.

The appeal has the backing of multiple Mt. Airy neighborhood organizations, including East Mt. Airy Neighbors, and argues that the permit was improperly issued. The appeal was filed just days after a community meeting in which 400 neighbors gathered to express their concerns and discontent directly to Visco, Birnbaum and Parker herself.

The appeal notes that the Stenton Avenue location is within 500 feet of a family day care. It asserts that “the waiver granted by the Pennsylvania Department of Health to the City of Philadelphia prohibits medical marijuana dispensaries within 500 feet of where certain uses occur. One of those uses is a day care facility.”

The daycare facility in question is Kingdom Seeds Child Care, a small, home-based child care service based out of a home at 915 E. Mt. Airy Avenue. According to Visco, this is a distinction that Terra Vida will highlight in court. According to Visco, Kingdom Seeds is licensed differently from a normal daycare center and therefore is legally different than the daycare facilities to which the medical marijuana site regulations pertain.

Asked if there was a location Parker’s office would prefer, Parker’s spokesman Solomon Leach responded, “It is not our job to look for other locations for an applicant.”

The appeal hearing itself has yet to take place. The original date that was set for both parties to appear before the ZBA was June 21, but since Terra Vida’s legal counsel filed for a continuation, which was granted; no new court date has been set.

If Parker doesn’t win the appeal, and Terra Vida keeps its permit, it will open at the beginning of 2018, regardless of community opposition.

Medical marijuana is a brand new industry here in Pennsylvania, and for many residents of Mt. Airy and Chestnut Hill, there is a lack of clarity as to what this new business would bring to the area and how it will even operate in the first place. Many neighbors have expressed concern that the new facility will attract crime and create a risk for children. Visco said such misconceptions couldn’t be further from the truth.

The storefront will have no visible indications that the store deals with marijuana products, she said, and any consumption of the products will be strictly prohibited both inside and outside of the dispensary. In addition, no marijuana in its smokable form will be sold at the dispensary and the products sold will have little to no street value.

The most widely felt concern about the location, however, is that the dispensary will become a target for crime. The issue was raised more than once at the community meeting on April 25, and State Representative Chris Rabb came out against the proposed location for the dispensary because of safety concerns as well.

“I have grave concerns that revolve around public safety issues related to a cash-only business that will be open seven days per week with armed guards on a corridor not unfamiliar with violent crime,” Rabb said in a statement last month.

In response to these concerns, Visco said that “people won’t be walking into our business with any more cash than they would at the Rite-Aid down the street.”

On top of that, Visco claims that the arrival of the shop will actually improve security on the mostly empty section of Stenton. The business plans to install a commercial grade, 24/7, surveillance system, and will be making both live and recorded footage available to the local police department. It also plans to have security guards on the premises 24/7.

The potential of a 24/7 security guard, however, doesn't sit well with everyone involved. In his statement on the issue Rep. Rabb also acknowledged that both he and neighbors are concerned about the possibility of 24/7, armed security guards.

Visco said that she wasn’t sure whether or not guards would be armed.

“The security firm we have contracted is currently in communication with the police department and is waiting on their recommendation as to whether or not our guards will be armed.”

Despite the determined opposition of Parker, Visco said she’s confident that her dispensary will open on time. When asked if she was concerned about losing the appeal or the possibility of needing to seek an alternative location, Visco said, “I’m not worried at all.”