Committee Recommends Moratorium to City Council
Measure would forbid new marijuana dispensaries from opening while new regulations are considered
On Monday, November 27th, the City Council’s Law and Ordinance committee met to discuss brining forward to City Council a six-month moratorium on the establishment of new marijuana businesses within the community. The meeting was held to discuss imposing a moratorium on permits for adult-use cannabis operations. Councilman Bobby Phillips with Councilman Todd Severt also present.
In the November 7th election, voters throughout the State of Ohio, approved Issue Two regarding legalizing recreational marijuana use. This new law, effective December 7th, is requiring local municipalities and townships to adapt, including Troy. The new law is codifed in the Ohio Revised Code in Chapter 3780.
The proposed 180-day moratorium was recommended to the committee to allow time for city staff and the law director to understand the new state guidelines and make informed zoning recommendations to the City Council. This moratorium would temporarily halt the establishment of adult-use cannabis operations in Troy.
Council members expressed the need to respect the voters' decision, in which voters in the community actually voted for Issue Two, while also considering the impact of such operations on the city. The potential need to revisit medical marijuana regulations in conjunction with recreational use was also mentioned.
Grant Kerber, the city's law director, noted the new law allows municipalities to limit or prohibit cannabis establishments. The moratorium would only affect new permits for cultivators, growers, processors, and dispensaries, without affecting individuals' rights to possess or grow marijuana within legal limits.
A significant concern that was brouhgt up during the meeting was the integration of these new businesses into the city's zoning code. The law also requires businesses to obtain a state license, but local zoning decisions remain crucial. The existing zoning code does not explicitly accommodate recreational marijuana facilities, raising concerns about suitable zoning districts for such operations. It should be noted that current zoning regulations to do not allow for the establishment of medical marijanua facilities. Given the short time frame before the law's effective date, the city felt a pressing need to enact the moratorium. This would provide time to study the issue thoroughly and decide on appropriate zoning regulations for cannabis-related businesses.
Mr. Kerber also led a discussion about the state's role in licensing these businesses and the creation of a new state agency to oversee the process. The law sets a target of 9 months to establish this agency, with some provisions for grandfathering existing medical marijuana dispensaries into the new system.
The committee unanimously agreed to follow the staff's recommendation for emergency legislation to implement the moratorium. City Council is expected to vote on the moratorium as an emergency ordinance at their next meeting on Monday, December 4th.
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Again, very informative article. Does the troy zoning code outline where smoking products/ vaping products,Cbd, etc retail stores can be located? Or retail liquor stores? If so should they? Or if they don’t, why the big deal about soon to be legal dispensaries? While we are at it, houses of prostitution should be regulated too. (Not legal now, but who would have guessed 50 years ago that marijuana would be leagalized. Bill, fun stuff! And people have said, city council stuff is boring.
It seems to me that city leaders in this area, including some nearby communities, are buying time, trying to circumvent this law being enacted. They knew it was on the ballot & would likely be approved. That was the time to be getting their ducks in a row. Why can the same laws regulating the sale of alcohol not be applied? A growing establishment can be looked at the same as a local brewery or distillery.
As far as noise I have heard regarding affect on youth, again, same laws should apply. Now, I really don't care for myself, I do not use it, nor do I plan to start. I am also not opposed to its' use. I have seen how it can help some people, those with ADHD, for example. It appears those who do need it, for that & other issues, are being prevented from accessing it in a timely fashion. This feels deliberate, & unnecessary.