Ron Strider
Well-Known Member
City Council voted 4-3 tonight to ban the cultivation, processing and dispensing of medical marijuana within city limits. The ban codifies a previous six-month moratorium on medical marijuana enterprises, which the city enacted in response to the state's new law allowing limited legal use of the drug.
Council President John Coyne, Ward 2 Councilman Dennie Simpson and Ward 3 Councilman Mark Kolesar all voted against the ban. They said they would have supported a continued moratorium, but were against an all-out prohibition.
The ban reflects federal law on marijuana, which makes the sale and possession of the drug for both medical and recreational use illegal.
The new state law grants exceptions to those who grow, sell or use marijuana for a set number of medical reasons.
Council members who supported the ban - Councilmen-at-large Paul Rose and Bill Lamb, Ward 1 Councilman Brian Hilberg and Ward 4 Councilman Jim Shields - said they could not support medical marijuana enterprises while federal law still prohibits them.
City Law Director Gregory Huber said it would be "incongruous" for him, Mayor Dennis Hanwell and City Council members to allow such businesses in the city in violation of federal law.
"We are sworn to uphold the law. If I can rationalize not following the law on this issue, can I rationalize not following any other federal law that I don't particularly care for?" Huber said.
He said the fact that Ohio and several other states have legalized marijuana usage - medical, recreational or both - before the federal government has made any changes to the law puts cities in those states in a difficult position.
"It seems to put the cart in front of the horse," Huber said.
He said he is advising City Council to wait for the federal government to clarify the issue before deciding whether to allow such enterprises locally.
Hanwell said the earlier moratorium gave Huber time to read through the state regulations and study the issue.
"At the end of the day, his concern is that it is still prohibited under federal law. We just feel that it would be inconsistent and improper for us to encourage something that is prohibited by federal law," Hanwell said.
That's not to say that city officials don't understand the benefits of medical marijuana or would prevent people with a valid prescription to possess marijuana and use it within city limits.
"We surely understand the medical need and medicinal purpose, but even being understanding and empathetic, it still doesn't override the fact that it's illegal to grow and sell marijuana," Hanwell said.
"Possession is still a minor misdemeanor unless you have a valid prescription," he said.
Kolesar said that while he understands the legal concerns, he couldn't support an outright ban on cultivating, processing and dispensing medical marijuana.
He and Simpson said they both would have approved extending the moratorium to give the federal government time to come to a decision on whether to alter the laws on marijuana.
Coyne, who said he has seen the effects of cancer on close family members, said he couldn't support a ban that would keep medical marijuana from people who need pain relief.
Rose said he empathized with people who could benefit from medical marijuana.
"Last year at this time, I watched a dear friend pass away from cancer," he said.
But federal law is clear on marijuana, and City Council has to uphold that law, he said.
"You can't have it both ways," Lamb said. The federal and state laws contradict each other, and the federal laws take precedence.
Hilberg pointed out that the city ordinance doesn't ban the use of medical marijuana in Medina, just the industries surrounding it.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Medina City Council bans cultivation, processing and dispensing of medical marijuana | cleveland.com
Author: Ann Norman
Contact: Cleveland.com Contact Us
Photo Credit: Richard Vogel
Website: Cleveland OH Local News, Breaking News, Sports & Weather - cleveland.com
Council President John Coyne, Ward 2 Councilman Dennie Simpson and Ward 3 Councilman Mark Kolesar all voted against the ban. They said they would have supported a continued moratorium, but were against an all-out prohibition.
The ban reflects federal law on marijuana, which makes the sale and possession of the drug for both medical and recreational use illegal.
The new state law grants exceptions to those who grow, sell or use marijuana for a set number of medical reasons.
Council members who supported the ban - Councilmen-at-large Paul Rose and Bill Lamb, Ward 1 Councilman Brian Hilberg and Ward 4 Councilman Jim Shields - said they could not support medical marijuana enterprises while federal law still prohibits them.
City Law Director Gregory Huber said it would be "incongruous" for him, Mayor Dennis Hanwell and City Council members to allow such businesses in the city in violation of federal law.
"We are sworn to uphold the law. If I can rationalize not following the law on this issue, can I rationalize not following any other federal law that I don't particularly care for?" Huber said.
He said the fact that Ohio and several other states have legalized marijuana usage - medical, recreational or both - before the federal government has made any changes to the law puts cities in those states in a difficult position.
"It seems to put the cart in front of the horse," Huber said.
He said he is advising City Council to wait for the federal government to clarify the issue before deciding whether to allow such enterprises locally.
Hanwell said the earlier moratorium gave Huber time to read through the state regulations and study the issue.
"At the end of the day, his concern is that it is still prohibited under federal law. We just feel that it would be inconsistent and improper for us to encourage something that is prohibited by federal law," Hanwell said.
That's not to say that city officials don't understand the benefits of medical marijuana or would prevent people with a valid prescription to possess marijuana and use it within city limits.
"We surely understand the medical need and medicinal purpose, but even being understanding and empathetic, it still doesn't override the fact that it's illegal to grow and sell marijuana," Hanwell said.
"Possession is still a minor misdemeanor unless you have a valid prescription," he said.
Kolesar said that while he understands the legal concerns, he couldn't support an outright ban on cultivating, processing and dispensing medical marijuana.
He and Simpson said they both would have approved extending the moratorium to give the federal government time to come to a decision on whether to alter the laws on marijuana.
Coyne, who said he has seen the effects of cancer on close family members, said he couldn't support a ban that would keep medical marijuana from people who need pain relief.
Rose said he empathized with people who could benefit from medical marijuana.
"Last year at this time, I watched a dear friend pass away from cancer," he said.
But federal law is clear on marijuana, and City Council has to uphold that law, he said.
"You can't have it both ways," Lamb said. The federal and state laws contradict each other, and the federal laws take precedence.
Hilberg pointed out that the city ordinance doesn't ban the use of medical marijuana in Medina, just the industries surrounding it.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Medina City Council bans cultivation, processing and dispensing of medical marijuana | cleveland.com
Author: Ann Norman
Contact: Cleveland.com Contact Us
Photo Credit: Richard Vogel
Website: Cleveland OH Local News, Breaking News, Sports & Weather - cleveland.com
