Council Committee to Consider Moratorium on Marijuana Dispensaries

The passage of State Issue 2 necessitates new regulations on recreational marijuana

On Monday, November 27th at 6:00 p.m., one of the City Council Committees schedule to meet is the Law and Ordinance Committee chaired by Council Member Lynne Snee. The only item on the committee’s agenda is a proposed mortatorium on the granting of permits to Audlt Use Cannabis Operators.

On Election Day, voters in the State of Ohio adopted State Issue 2, which a citizen initiative that put Chapter 3780 in the state law that generally authorized the use of recreational marijuana throughout the entire state. This publication took an in-depth look at how Issue 2 faired in Miami County and how the measure even carried the City of Troy by a 52% to 48% margin and prevailed in 16 of the city’s 21 precincts. You can read our analysis here:

The Administration’s Request to Council

In the administration’s request, city staff has noted that Ohio's new cannabis legislation, effective December 7, has prompted the City of Troy’s administration to consider a strategic pause in the establishment of Adult Use Cannabis Operators. Ohio Revised Code Section 3780.25 empowers local municipalities to regulate the location of these operators. To align with the city's regulatory goals, the City Administration proposes a 180-day moratorium on issuing permits for Adult Use Cannabis Operators. This period will allow city staff to review the state laws and recommend suitable local regulations. The Administration is urging council to adopt an ordinance to put the moratorium in place, emphasizing the urgency of enacting this measure as an emergency ordinance due to the impending state law activation.

Inside The Ohio Revised Code

When voters adopted State Issue 2, what they did was create a whole new chapter of the Ohio Revised Code, Chapter 3780 entitled “Adult Use Cannabis Control”. Within the Chapter, is Section 3780.25 which has introduced specific regulations regarding local control over adult use cannabis operators.

Here's a quick rundown of the specific powers and responsiiblities local governments have when attempting to regulate this industry:

1. Local Control: Municipalities and townships can, through an ordinance or resolution, limit or prohibit adult use cannabis operators. However, there are notable exceptions and conditions.

2. Protection of Existing Operators: Current cultivators, processors, or dispensaries with operational certificates operating under the Medical Marijuana Control Program (Chapter 3796 of the Ohio Revised Code) can't be limited or banned by local authorities unless their certificates are revoked. This safeguard extends to those co-located with adult use cultivators and processors, recognizing their significant capital investments.

3. New Licensing and Local Authority: After a dispensary receives a state license to sell recreational marijuana, local authorities have 120 days to pass a resolution or ordinance to prohibit these dispensaries.

4. Public Vote Option: If a local authority decides to prohibit an adult use dispensary, the dispensary can petition for a public vote. If successful, the issue will be on the next general election ballot, allowing the dispensary to operate until the election results.

5. Election Procedures and Outcomes: The ballot will ask whether the dispensary should remain open as long as it's licensed and if the local area is eligible for host community cannabis funding. A 'yes' vote allows the dispensary to continue operations, and the area receives funding. A 'no' vote leads to closure, although the dispensary can request to relocate.

6. Restrictions on Local Authorities: Local governments cannot limit cannabis-related research, impose special taxes or fees on cannabis operators, prohibit authorized home growing, or restrict activities allowed under the chapter.

What do you think?

What are some regulations you would like to see in place after the mortatorium expires? Do you think any regulations need to be in place at all? Feel free to add your ideas and comments.

Also, don’t forget that our latest community survey is now open for responses. If you haven’t taken the four minutes to fill out the survey, please do so! The more responses we get, the better the results. You can access the survey here: https://www.surveymonkey.com/r/PF6SPPN

Thanks for reading today’s Civic Capacity Newsletter. Happy Thanksgiving to you all and we are grateful for your support of this project over the past six months. Please feel free to share this with your friends and neighbors.