OH: City To Block Medical Marijuana Businesses?

Katelyn Baker

Well-Known Member
Pataskala - Even though Ohio's new medical marijuana program remains a still-in-the-works proposition, Pataskala officials recently discussed crafting a response to it.

What could that response look like?

Well, based on early discussions, it could resemble a red sign with the words "Not Welcome" printed on it.

Pataskala City Council discussed the issue, in brief, during its Jan. 3 regular meeting.

Law Director Brian Zets suggested the council consider thinking about the issue in light of Ohio lawmakers decision in 2016 to legalize medical marijuana.

Currently, people overseeing the nascent program are working on rules for growing and selling medical marijuana, in addition to how physicians can recommend it.

"As you probably know, the cultivation rules have almost come into fruition and been solidified, so you're going to see 12 large Level 1 cultivators and 12 Level 2 cultivators in Ohio," Zets said. "The dispensary rules are starting to take shape (with) possibly 40 dispensaries throughout Ohio. Where these will be, we don't know, but as 2017 starts to get going it is something to think about because by September a lot of these rules (will be) in place."

To that end, Zets said the city can, under the new state-approved program, "prohibit or limit the number of cultivators, processors or dispensaries."

If the city council does want to make such a move, he said, it does not need to act immediately. Still, he suggested it craft the needed legislation sometime in the coming months.

Councilman Todd Barstow pointed to President-elect Donald Trump's nominee for attorney general, Sen. Jeff Sessions, R-Alabama, as reason for the council to consider coming down on the prohibition side of the medical marijuana argument.

"I think, at this time last year, people thought the president-elect was going to turn out a certain way and that Calvin Broadus (aka Snoop Dogg) was going to end up being the attorney general and everyone was going to be chiefing it up, but that didn't happen," Barstow said. "So now we have an attorney general who is a nominee who is very much opposed to the legalization of marijuana, and I think we have to remember as council the only reason states such as Colorado, Nevada, Washington, Alaska have these personal use (laws), some have medical use, is (because) the federal government under the current administration chose not to enforce the federal marijuana laws as they apply to these state-approved dispensaries. ..."

Barstow then asked Zets, "We are free to zone these farms, distributors, whatever, completely out of the city, correct?"

Zets replied in the affirmative.

The council, Zets said, could pass an ordinance prohibiting various marijuana-related businesses from setting up shop anywhere in the city.

If that is the direction the council wants to take, Zets also suggested the council modify the city's zoning code to provide an extra level of marijuana-related protection.

In the meantime, it remains to be seen how the council will proceed.

Councilman Andy Walther suggested the council research every side of the issue before taking action. For example, Walther said there is an extract some people have been using to treat childhood epilepsy and other disorders. The extract does not contain the same psychoactive components as marijuana, he said.

"(I'm) not saying anyone's close-minded on it," Walther said. "I just want to make sure we have all the information before we make a decision. ..."

Still, Barstow again referenced Sessions, who Barstow said appears to be opposed to the legalization of marijuana "in any way, shape or form."

To that, Walther responded, "If he is that way and he is going to enforce the federal laws, what does it matter about our ordinance?"

Moving forward, City Administrator B.J. King said he and Zets and the Pataskala Planning and Zoning Department would research the issue and then report back to the council.

Ohio voters in November 2015 defeated state Issue 3, which would have legalized marijuana for recreational and medical use for adults 21 and older.

Issue 3 contained language calling for a marijuana grow site to stand in the city, on Mink Street, north of Broad Street.

The defeat of Issue 3 torpedoed that proposal, and the council also, in the lead up to the November 2015 vote, approved legislation restricting where marijuana could be grown, processed and sold in the city.

In short, the legislation stipulated only licensed individuals or businesses could locate such uses in the city. It also restricted marijuana-related businesses from standing within 1,000 feet of a long list of establishments, including parks, playgrounds, recreational facilities, daycares, churches, restaurants and libraries. Under the legislation, any future marijuana-related businesses were confined to the city's manufacturing district.

636193083543072307-NEW-Pataskala-stock.JPG


News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: City To Block Medical Marijuana Businesses?
Author: Chad Klimack
Contact: 740-345-4053
Photo Credit: None Found
Website: Newark Advocate
 
Back
Top Bottom