LEWIS CENTER, Ohio (WCMH) — Polaris Fashion Place’s developer is speaking out against a proposal to convert a nearby former daycare into a marijuana dispensary, arguing the plan isn’t “consistent with a first-class development.”

Franz Geiger, managing director of Polaris developer NP Limited Partnership, spoke against Ascend Cannabis’ proposal to open a dispensary at 3812 E. Powell Road, a former Prep Academy Schools and Turkey Daycare, during a Jan. 14 Orange Township Zoning Commission meeting. Geiger said he’s refused offers from dispensaries wishing to open in Polaris out of concern such a business could hinder the mall’s annual $60 million in sales tax revenue.

“I’m concerned because we don’t know the answers. … This is an experiment in the state of Ohio right now,” said Geiger, noting municipalities are still grappling with how to regulate adult-use cannabis after voters legalized recreational marijuana in 2023. “We don’t think it’s the appropriate use at Polaris, we don’t think it’s consistent with a first-class development.”

Still, the commission voted 3-2 to recommend approval of the rezoning needed for the dispensary, with a final decision to be made by Orange Township trustees, who are holding a Feb. 13 public hearing to consider the plan. Eric Kmetz, manager for Ascend’s parent company Ohio Patient Access, countered Geiger’s claim by arguing the dispensary could yield $200,000 to $425,000 annually in sales and excise tax for Orange Township.

“I don’t want to get into a ‘Is cannabis a first-class item or not a first-class item,’ but since he raised it, I do know that there’s a lot of restaurants in Polaris that sell alcohol,” said Kmetz during the Jan. 14 meeting, referring to a recent advisory from the U.S. surgeon general that alcohol is a leading cause of cancer. “I take offense to ‘We’re not a first-rate establishment’ from somebody who’s selling alcohol that the surgeon general says causes cancer.”

Several Orange Township residents joined Geiger in speaking against Ascend’s proposal during the commission meeting, like Mike Nagode who argued there are “ample areas for retail already designated as retail in our township,” and Ascend should “find an adequate space in one of those areas.” Nagode noted, while “a lot of people voted to have marijuana legalized, that doesn’t mean we want it sold in our backyard.”

Ascend operates several other Ohio dispensaries in Carroll, Cincinnati, Coshocton, Piqua and Sandusky. If approved, the dispensary would be the second in Delaware County after Bear River Dispensaries, who is currently located at 26 Moore St. but is planning to move to vacant retail space at 222 E. William St

Bear River’s relocation plan and Ascend’s proposal come after Delaware City Council passed an ordinance last year that bans establishments whose business “is the sale of tobacco or related products, vapor or vapor products, or cannabis” from being located within 500 feet of a school, church, library, playground or park.

Delaware’s measure also prohibits two or more of these businesses from being located within a mile of each other if they are “of the same use,” meaning a vape shop cannot be within a mile of another a vape shop, but a cannabis dispensary can be near a vape shop. 

Westerville City Council is also considering a similar ordinance that would prohibit marijuana businesses from being near a school or church, and states that “there shall be no more than two dispensaries of any kind within the city.” However, some residents argue Westerville is implementing a “de facto” cannabis ban.