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DC Residents Fight Against Cannabis Dispensaries Near Schools: Is There A Real Danger For Children?

Rolando García
June 12, 2024

In Washington D.C., a legal battle is unfolding regarding the “cannabis distance rule” as residents and an Advisory Neighborhood Commission (ANC) have taken steps to prevent the establishment of new cannabis dispensaries close to educational institutions. Regulation in DC indicates a minimum distance from schools and daycare facilities, but the residents claim this is not enough. The concerned parties have escalated the matter to the D.C. Court of Appeals.

The lawsuit is spearheaded by 1,000 Feet, a collective of residents from D.C.’s Palisades neighborhood and ANC-2C, reported WTOP News. They argue that the proposed dispensary locations are inappropriately close to schools, potentially exposing children to cannabis. Lucy Sullivan, representing 1,000 Feet, stated, “We want to protect D.C. kids from unnecessary exposure to drugs. We don't believe that marijuana stores should operate across the street or next door to schools, and the D.C. government has been allowing that. And we think it's a real danger to kids and communities.”

DC Legal Landscape And The Cannabis Distance Rule

Washington D.C. has a unique legal landscape, especially when it comes to federal and local laws, largely due to its status as the nation's capital and not a state. Here’s a breakdown of how D.C. differs from other areas in the U.S. Unlike states, D.C. does not have full control over its local laws and budgets. Congress has the authority to review and modify laws passed by the District’s government. This means that even after legislation is approved by D.C. voters and local government, it can be altered or overturned by federal lawmakers.

Currently, D.C. law mandates a minimum distance of 300 feet between cannabis dispensaries and schools or daycare centers. However, Sullivan and her group advocate for even stricter regulations, suggesting that the city should adopt the Federal Drug Free School Zone Act’s requirement of a 1,000-foot buffer.

A Particular Dispensary Triggered The Dispute

The specific grievances include the licensing of Green Theory, a dispensary operating on MacArthur Boulevard NW, which faced opposition from the community but was ultimately dismissed by the D.C.’s Alcohol Beverage and Cannabis Administration (ABCA) due to the protestors’ lack of standing.

Mark Lytle, who represents ANC-2C, voiced frustration about the community’s lack of influence in these decisions. “We have not had a voice in this process. So the process itself also needs to change,” he said, emphasizing the community’s right to a say in such matters.

The implications of this legal challenge could extend beyond local jurisdiction, as Lytle hinted at the possibility of federal involvement, which could enforce the 1,000-foot rule more stringently if Congress decides to act.

A Real Danger To Children?

Of course, given that teenager consumption is normally a concern in the cannabis legislation, some rules are in order. Federal law prohibits cannabis advertising that targets minors and many states have specific guidelines to ensure compliance. Platforms like Facebook, Instagram and TikTok have strict rules against cannabis advertising. And, of course, there is a federal distance rule.

But, what is the real danger? There´s a widely spread myth that links cannabis legalization to increases in consumption among youngsters. But science is providing a different point of view. For instance, a Monitoring the Future (MTF) survey funded by the National Institute on Drug Abuse (NIDA) recently found that cannabis use among teenagers has remained stable despite increasing legalization across the United States. Also recently, Research led by Rebekah Levine Coley at Boston College examined 900,000 high school students’ drug use patterns. The study found a slight decline in cannabis use in states where marijuana was legalized, debunking the myth that legalization increases adolescent use.

Also on the medical side, there are plenty of preconceptions to be debunked. While it was once believed that there was a causal link between cannabis and psychosis, this association is regularly being disproved by broad empirical studies. One in particular, of over 63 million people shows that rates of psychosis do not go up amid legalization. Of course, this follows from the fact that legalization does not have a great impact on consumption.

Related: Cannabis-Psychosis Connection Weaker Than Previously Thought, Study Of 201,000 Individuals Shows

Furthermore, based on cases where these conditions appear following cannabis use, researchers estimate that cannabis-induced psychosis affects about 0.0027% of users. Even with this extremely low incidence, correlational studies cannot definitively establish cannabis as the cause of psychosis.

While a particular dispensary should be 300 or 1000-foot away, it appears the danger is surely located elsewhere.

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