Ohio currently has 132 medical marijuana dispensaries, shown above. Medical marijuana dispensaries are prohibited in Marysville. Local officials have said they believe that once the rules for adult recreational marijuana are crafted, there will about 350 dispensary licenses statewide.
(Graphic submitted)
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Marysville City Council Monday night approved a resolution putting a hold on marijuana facilities in the city.
Council unanimously approved a moratorium on recreational marijuana sales until the end of the year.
Even so, city officials are saying this does not prohibit citizens from smoking recreational marijuana.
City Law Director Tim Aslaner said the moratorium does not impact recreational use in the city, only issuing permits for dispensaries in Marysville.
“This is simply putting a hold on zoning and the issuance of permits until the Department of Cannabis Control, which is an arm of the state Department of Commerce, issues all of its rules and regulations.”
Voters in Ohio approved adult recreational marijuana sales and use in November. The state is expected to begin accepting and processing application to own and operate new recreational marijuana dispensaries, processors and cultivators in early June.
The state’s new Division of Cannabis Control, however, has until early September to complete the rulemaking and licensing process for non-medical cannabis.
Aslaner said a moratorium through the end of the year “gives us enough time to study these regulations.”
Nancy Beals of the Union County Drug Free Coalition spoke in favor of the moratorium.
“We feel like this will give the community time to review the effects and come up with a strategy that supports the health and wellbeing and community safety,” she said.
She added, “I think it is wise for the council and the city to take some time to look at this issue and be thorough in how you plan out your future.”
LUC Executive Director Brad Bodenmiller gave council a presentation on the “land use perspective” of dealing with adult recreational marijuana sales and use. He said the city needs to look at zoning for dispensaries, which sell marijuana and products as well as processors which process marijuana plants into the products for sale and cultivators that grow marijuana.
Bodenmiller said he state currently has 132 medical marijuana dispensaries, none of which are within Logan, Union or Champaign counties. Medical marijuana dispensaries are prohibited in Marysville.
He said it is “a little bit complicated to explain” but based on the expected rules he expects there will about 350 dispensary licenses statewide. He said for the medical marijuana program, Union County is in a district with Champaign and Clark counties. He said there are two dispensary licenses for that district and both dispensaries are in Springfield. Bodenmiller said the number of licenses in the Union/Champaign/Clark district is being increased from two to three.
“In our three or five or six county area, there are no dispensary licenses so keep in mind that is an area that maybe somebody is going to be interested in,” Bodenmiller said.
Bodenmiller said municipalities may prohibit or limit the number of cultivators, processors or dispensaries but cannot prohibit or limit testing laboratories. He added that cities cannot charge additional taxes or fees on marijuana facilities or limit “home grow” marijuana.
He said state law prohibits any marijuana facility from locating within 500 feet of a school, church, public library, public playground or public park. He said while there are exceptions, municipalities need to take that rule into consideration when determining where marijuana facilities can and should go.
Bodenmiller said in the moratorium period, LUC will help develop zoning text, “that you can use or choose not to use or use as a launching point.”
Beals said that “because marijuana comes in such a wide variety of products, everything from sodas, baked goods, gummies, cookies, Rice Krispy treats, pre-rolled joints and vape in electronic cigarettes, I think you kind of have to think broadly about that.”
Bodenmiller encouraged council to remember that when it comes to zoning, “definitions are very important.”
He said that if a zoning code lists “agricultural uses” cultivators could interpret that as meaning marijuana growth is permitted.
“Arguably, growing cannabis is growing a plant, horticulture, right?” Bodenmiller said. “So, in your zoning code, you need to make a distinction between agriculture and cultivators. Or, you could choose to keep it as agriculture but you are going to end up with those arguments and possibly they would be correct.”
He said there needs to be similar consideration given to terms like drug store, retail, food processing and manufacturing.
Aslaner said that while the moratorium runs through the end of the year, “my recommendation, of course, is that we start thinking about zoning before that.”
He said unless the council chooses to do nothing, a zoning amendment would need passed meaning it would need to go to Planning Commission.
He told council he has asked Bodenmiller to give a presentation to the planning commission. He suggested a possible joint meeting with the planning commission and the council’s public service/public safety committee in April.
“We just have to start thing about it and once the rules are in place we are going to need to get something done quickly,” Aslaner said.
Bodenmiller said the city could ultimately decide to do three things with marijuana businesses. The city could choose to allow them, allow them with conditions or only in certain areas or prohibit them entirely.
Council member J.R. Rausch voted to approve the moratorium but said that while he voted against recreational marijuana, the residents of the city and the state approved it so he would be opposed to banning dispensaries in the city.