CB1 Committee Gives Advisory OK to a Wall Street Pot Shop

The storefront at 35 Wall St. where Michael Cohen, right, hopes to open a marijuana dispensary. Community Board 1's Executive Committee recommended approval of Cohen's license applicaton. Photos: Carl Glassman/Tribeca Trib (storefront); Community Board 1 via Zoom and The Tribeca Trib

Editor's note: The previous version of this story stated that 35 Wall Street is the first approval by a Community Board 1 committee. It is actually the second.

Lower Manhattan pot shops are now on the agenda at Community Board 1.

This month the board’s Executive Commitee got a taste of the state’s vetting process for would-be marijuana retailers. Community boards have a role in approving marijuana stores in their area, a new procedure that CB1 chair Tammy Meltzer called “a little bit of the Wild West” for its slow, chaotic rollout.

On Nov. 16, the committee faced what appeared to be a daunting list of 27 applicants. (In October, the board approved a marijuana dispensary on Murray Street, as reported by Tribeca Citizen.)

But of those, only three of the hopefuls showed up. (Some had withdrawn or requested a postponement. Most received automatic disapprovals.) And just one application, for a 35 Wall Street storefront, conformed to the rules of the state’s Office of Cannabis Management (OCM), according to the committee. (The full board will vote on the application at its Nov. 28 meeting and the approval is conditional on the applicant, Michael Cohen, obtaining proof of support from neighbors.)

Community boards are advisory to the OCM. They determine if proposed locations are lawful distances from a school, community facility, church, “harm reduction facility,” or existing marijuana dispensary.

Cohen, representing an entity called WSTH, LLC, promised to run “a high-end experiential type of retail experience” for “a high-end consumer,” he said.

“We believe we will only need to have one armed guard at the entry,” Cohen explained, in response to a question about security. “We’re going to control the people coming in. I think that’s the most important thing. We’ll have security inside, but they won’t necessarily be armed.”

The state’s Office of Cannabis Management is flooded with applications. This month, a tentative agreement was reached with a group of service-disabled veterans who had sued the state, alleging that it acted illegally when it opened the license application process first to people with marijuana-related convictions and their relatives. An injunction, however, remains in effect. So far, only 18 licensed dispensaries and five delivery operations are doing business in the state.

“I am extraordinarily grateful that I don’t have 77 applications like Community Board 2,” said Meltzer, referring to the board that covers Manhattan between Canal and 14th streets.

Michael Fernandez had hopes of opening Green Theory, also a self-described “high-end” store, at 34 New Street, which backs onto 40 Broad St. “It fits the community,” he said. “The renovation is a half a million dollar renovation.”

“If you look at a lot of the dispensaries that are done throughout the boroughs, illegal or legal, [they spend] $40,000 or $50,000 and slap up whatever,” he added.

But the committee determined that his desired storefront was too close—within 500 feet—of three schools. The committee turned down the application. 

Fernandez was unfazed, noting that he has “backups.” “I have a couple of locations in the Bronx and then in Queens and then Westchester as well,” he said. (An owner is allowed to operate up to three stores.)

The third and final hopeful, Robert Kremer, had his sights on 96 Greenwich St., currently the address of the Cat Sports Club, for a dispensary called Life Wellness. As it turned out, the space is less than 500 feet from PS 150 on Trinity Place as well as Trinity Church’s youth community center at Trinity Commons. Kremer complained that there are already two illegal marijuana stores close by.

“Correct. They are illegal and we are hoping they will be reported and then closed,” Meltzer replied, saying the board can’t approve a license because other sellers are operating illegally.

It seemed futile, Kremer complained, to find a legal location for his dispensary. 

“What kind of a chance do I have?” he asked.

“You have a really good chance,” committee member Tricia Joyce responded. “There’s a lot of vacant real estate Downtown. So many places that are better. I mean, this is like the worst place.” 

“We encourage you to open a small business there,” Meltzer said. 

“We need a grocery story,” another committee member called out.