Port Jervis residents, patrons protest cannabis zoning restrictions

Cannabis users and supporters came out to Port Jervis City Hall on Monday, July 22, to voice their concerns about the city’s zoning restrictions on recreational cannabis dispensaries, with some residents claiming the Port Jervis City Council and Mayor Dominic Cicalese were intentionally making it difficult for cannabis retailers to set up shop.

According to those involved, the retail dispensary Puff and Pump LLC, operated by Devin Yorke and his financé Katrina, was initially given the greenlight by the city in late 2023 to set up a retail dispensary at 6-8 Hammond Street, right near the post office and the city’s municipal building. In March of this year, Puff and Pump was granted a full retail license by the state to then set up at that location. However, the City Council later adopted Local Law #4 of 2024, which essentially zoned the dispensary out of the Hammond Street location.

The first to speak during Monday’s city council meeting was resident Matt Lemke. “Across the street is supposed to be the first state licensed recreational dispensary in Port Jervis, Puff and Pump LLC. What should be a thriving storefront serving the needs of the community, providing safe, legal access and generating tax revenue to the city remains closed, frozen in time because of the deliberate efforts of the mayor and the city council. You’d rather restrict our rights to access safe and legal cannabis than allow this dispensary to open,” he alleged, further claiming the city council was boxing the dispensary out.

Cancer patient Bill Stanton and his wife Kathy then relayed their concerns in an emotional plea at the dais. Bill, who said he had just spent a few days in the hospital, described the relief he received after the Puff and Pump proprietors helped him find a cannabis strain that helped him sleep and eat. Bill said on cannabis his brain was “at ease.” “They helped me, they care about me,” he said of the shop owners. “You guys took that away.” He says soon he will be back to not sleeping and not eating. His wife Kathy then presented the City Council with a bag of Bill’s medications. With tears in her eyes, she described having to learn how the use the overdose reversal drug Narcan, just in case she accidentally gives him too much of the prescribed opioids, which Bill said he did not want to take.

A man with a severe case of arthritis, which he said he has had since he was a child, also spoke about how the medications he’s had to take over the years have caused severe side effects, but that cannabis gave him an alternative. He begged the council to let the dispensary open.

Regular business

After hearing from each of the speakers, the council then went into executive session and came back to conduct regular business. The council approved a motion to hire a new school resource officer, accepted a grant for the police for $100,000, accepted a zoning board resignation from Herman Barth, paid some bills and announced a few upcoming events, like National Night Out and the Italian Festival this August.

The mayor also looked to quash some rumors regarding the city’s water. He said a social media post had suggested the water was bad, but he assured residents that it is tested daily and is safe to drink.

Finally, at the end of regular business, corporation counsel Will Frank addressed the commenters’ concerns. “The council of course has heard those comment and certainly feels sympathy toward the individuals who are presently suffering,” he said, adding that that was why Port Jervis opted to allow dispensaries, but also noted that that medical uses don’t “come into play” in this case. He went on to explain that Yorke could still have a dispensary if he went through the planning and zoning process to establish a new location. He also said they could ask for a variance to set up at the current location, but that requires additional approvals that are not guaranteed to be granted. Frank added that there is no prohibition, citing the city’s general approval of dispensaries within its boundaries.

Local Law 4

As written, Local Law #4 prohibits dispensaries within 500 feet and on the same road of a school or school grounds; within 200 feet of a house of worship; within 500 feet of a building occupied as a “public youth facility,” including libraries and playgrounds; within 500 feet of a day care or nursery facility; within 200 feet of a drug or alcohol rehab center; and within 2,000 feet of another dispensary.

The law also states that retail dispensaries shall only be allowed in locations within the city’s Neighborhood Mixed Use and Waterfront Mixed Use districts, such as portions of East Main Street, Jersey Ave., Pike Street, and Fowler Street.

Yorke told News 12 this week that he and his fiancé are currently paying $5,000 a month in rent for the Hammond Street location and have already invested “well over $200,000” into the business.

Editor’s note: This story has been updated to add that the law states the dispensary must also not be on the same road as the prohibited buildings.