“This simply means the city will not process any permits for the sale of adult-use cannabis for 9 months, the same amount of time the state legislature has to amend any language of issue,” said Lori Denlinger, the city’s law director/prosecuting attorney.
The city also is waiting on the Division of Cannabis to establish rules and regulations, Denlinger said.
Last month, Ohioans voted to legalize the growing, processing, selling and use of recreational marijuana, making the Buckeye State the 24th state to do so. Nearly 57% of Ohioans approved state Issue 2, and the law took effect on Dec. 7, allowing adults 21 and over to legally possess up to 2.5 ounces of marijuana, as well as use and grow up to six plants per person and 12 per household.
This is an expansion of Ohio’s marijuana laws, as the state legislature approved the use of medical marijuana in 2016.
State legislators have indicated they’re going to make changes to the language, but that process has been delayed at least until January, and Denlinger said there’s no clarity yet on the extent of the changes they’ll make.
Credit: AP
Credit: AP
“Therefore, as a result of the forthcoming rules and regulations coming, potential language change to Issue 2, city staff just needs some additional time to look into and review this issue and determine whether or not the recommendation would be made and the impact it would have to city council as far as having these businesses within the city,” Denlinger said.
The resolution was an emergency measure, meaning the moratorium went in to effect Tuesday when it was approved.
The moratorium affects permits for marijuana-related businesses, but will not affect the right of residents to partake in recreational marijuana, Denlinger confirmed.
“This has nothing to do that,” she said. “We are actually not permitted to prohibit that, so they can partake as the law allows them.”
Miamisburg City Council approved its own 9-month moratorium “for the processing and issuance of operator permits for adult-use cannabis within Miamisburg” Dec. 5. Following a study session, council returned to Regular Session to adopt the ordinance, which was added as “other business” with council waiving the notice requirements, according to Emily Christian, Miamisburg’s assistant city manager.
“Staff recommended the adoption of the moratorium ordinance to allow additional time for research and discussion with city council to determine what is best for the community, as well as to gain more clarity on the state’s adult-use cannabis operator licensure rules and regulations,” Christian told this news outlet.
The moratorium did not encompass any use restrictions for those who wish to use marijuana products under Ohio law, she said.
City council intends to have further discussion regarding any decisions following the moratorium time period, Christian said.
Other local cities that have enacted similar moratoriums include Centerville, Kettering, Springboro, Beavercreek and Troy.
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