Suburban Greens dispensary entrepreneurs Joshua Ellis and Antonio Messina have been in a long uphill battle to open in Washington Borough.
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The locals have been unable to secure town approval to open an adult-use cannabis dispensary due to the Council’s actions.
So, Suburban Greens LLC sued them in Superior Court in Warren County in Northwest Jersey.*
Ellis argued they engaged in “documented obstruction, favoritism, and harassment, which are very real issues that deserve to be taken seriously.”
He said they are also planning a “showcase” of their potential dispensary open to the public, especially town officials and the Council.
Suburban Greens is not the only prospective dispensary that has not opened yet due to town problems/ opposition, and had to resort to a lawsuit. In fact, this is widespread.
Suburban Greens Lawsuit
According to Suburban Greens, the “Borough held executive sessions without proper resolutions, allegedly violating state law.”
They believe “Mayor Cox blocked public comments about Suburban Greens’ requests and about alleged trespassing by a council member on Suburban Greens’ property.”
Suburban Greens asked the Superior Court to: “Order Borough to place and approve its letter of support on the next council agenda. Stop OPMA violations and require transparency in all future council actions. Provide any other equitable relief as the Court deems appropriate,” they wrote.
Unfortunately for them, the case was dismissed by Judge Michael Cresitello on September 3rd.
Ellis explained it was dismissed on a legal technicality. So, they plan to refile the lawsuit.
Dispensary Problems in Washington Borough
JA said the town attorney is Republican Deputy Minority Whip Assemblyman Erik Peterson (R-23-Warren) has opposed their efforts throughout the difficult process.
Peterson voted no on the Cannabis Regulatory And Marijuana Modernization Act (CREAMMA), which set up the market in 2021.
There was a question about a piece of property next to theirs. Peterson raised issues about it that they have hurt them greatly and delayed the process.
Ellis said Suburban Greens ultimately was on the Council agenda this past January 2025. But it was voted down due to property concerns and a perceived lack of public support.
He said they have since gotten 500 signatures on a petition supporting them.
“They… just ignored us. We had no other choice,” Ellis explained about the lawsuit.
Ellis said they got their Planning Board approval this past summer for their second try after receiving it last year in spring 2024 for their initial application.
Perceived Bias for Dank Poet Dispensary
“The Borough Council has engaged in other inappropriate behavior to the benefit of Dank Poet, which clearly exhibits acts of favoritism…,” the Suburban Greens lawsuit said.
Ellis said Dank Poet dispensary CEO Chris Caruso has been lobbying the Council to deny them approval, which has made matters worse. He noted that it includes speaking publicly against them.
“Any time we’re on the agenda, he kind of shows up,” Ellis argued.
Caruso didn’t want to comment on the situation to Heady NJ.
NJ Dispensary Turf War
Heady NJ has heard many NJ dispensary owners lament the great competition in the New Jersey cannabis industry.
The cost of dealing with local and state red tape and federal marijuana prohibition can be extreme, unfortunately. Many small businesspeople have spent what seems like an astronomical amount of money and developed a zero-sum mentality. So, they zealously protect their perceived market share. That is leading to knife-fight-like tactics.
One of the most common is to tell the NJ Cannabis Regulatory Commission (CRC) about your competition’s potential violations.
The CRC recently fined Dank Poet $7,500 for violating regulations during a party earlier this year in February 2025.
Suburban Greens would not be the first company to tell on a rival and enjoy seeing the results.
Suburban Greens Background
Before applying for a cannabis license, Ellis said he was a correctional officer in the Warren County Correctional Center.
“I’ve always been into cannabis. Obviously, I had to stop…,” he explained. “…I was very involved when I was younger.”
Ellis said he worked in retail and corporate environments before being an officer. He noted he is a real estate agent now, and his partner, Messina, is an accountant.
“I was so excited when I heard it was going to be legal and officers were going to be able to use the medicine and partake….,” Ellis recalled.
