Ohio: City Considers Marijuana Ordinance

Jacob Redmond

Well-Known Member
Pataskala wants to be prepared for a future in which retail marijuana stores and medical marijuana dispensaries are a reality.

To that end, the Pataskala City Council has crafted legislation that would restrict where such businesses can locate.

Under the still-under-consideration legislation, placing marijuana stores near a day care, playground, park, school or church would be blocked.

Owners also would need to set up shop in the city's planned manufacturing district, which is located on property south of Broad Street and east of Mink Street, but only after receiving the needed conditional use permit from the city's board of zoning appeals.

In short, they would need to jump through a few hoops and follow a number of set-in-stone conditions.

"We're not going to make it easy so they can come set up a stand and starting selling it," Pataskala Mayor Mike Compton said. "We're going to put up some conditions."

The council listened to the first reading of the legislation during its meeting Monday.

It is considering the legislation in light of state Issue 3, which, if approved, would legalize marijuana for recreational and medical use. The issue would permit one retail marijuana store per every 10,000 residents, with licenses dependent on voter approval of a precinct issue. In that way, Issue 3's language mirrors current liquor options.

Pataskala Councilman Mike Fox said he spoke to other city officials about the need to craft the legislation should Issue 3 fail and another issue come before state voters in the future.

Pataskala's legislation would not trump the state issue should voters approve it Nov. 3.

"The thought was, in fact if this Issue 3, going forward, fails, we have nothing on the books to prevent more (outside) control." he said. "Right now (Issue 3) basically tells us they can pretty much do what they want in the city, with some caveats."

Fox said he supported limiting future retail stores and dispensaries to the city's planned manufacturing district because that is the only area where adult book stores can locate.

"We learned many, many years ago (when) the Supreme Court had decided you have to let any business in, somewhere in your city you have to have a spot for it," he said. "This just gives it a spot."

The legislation, if approved by the council in the coming months, would restrict retail stores and dispensaries from locating within 1,000 feet of a long list of other establishments: bars, firearm sales or ranges, schools, parks, playgrounds, recreational facilities, day cares, adult entertainment facilities, religious institutions, restaurants and libraries.

The facilities also would need to conform to local, state and federal regulations, according to the legislation.

Pataskala Law Director Rufus Hurst said Fox asked him to look into what the city could do to address the issue. He said he is researching what other communities have done in Washington and Colorado, two states that have legalized marijuana for recreational and medical use. Hurst said the council could listen to a second reading of the legislation while he continues his work and add future amendments at a later date.

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Full Article: Ohio City Considers Marijuana Ordinance
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