SHELBY – Cities and villages throughout Richland County have passed legislation regarding recreational marijuana since its legalization in Ohio.
Members of Shelby City Council wish to enact similar legislation at Monday’s 7 p.m. meeting.
An ordinance prohibiting “adult use cannabis operators” within the city of Shelby will be discussed during the meeting’s legislative portion.
According to Ohio Revised Code, “adult use cannabis operators” means a level one, two and three adult use cultivator, an adult use processor and an adult use dispensary.
The ordinance is being proposed as “an emergency measure,” meaning council will have the opportunity to waive its customary second and third reading.
Shelby wants to ‘prepare rather than repair’
Shelby Mayor Steve Schag said proposing the ordinance be passed by emergency is due to a sense of “expediency” and wanting to “prepare rather than repair.”
As the Statehouse continues discussing new regulations or provisions, he said he’d rather make sure the city’s ordinance is in place before further changes are made at the state level.
However, Schag said he’s proposed delaying a vote on the ordinance until city council’s next regularly scheduled meeting on Feb. 20.
“That (delay) gives a full two-week time period for everybody to continue to do their homework and maybe hear from their constituents,” he said.
“I’m encouraging the council to postpone it (vote) until the next meeting.”
Ultimately, it will be up to councilmembers whether to proceed with a vote tonight or wait until the next meeting.
Schag added the city received a letter from METRICH Enforcement Unit, a multi-county task force aimed at combatting illegal drug use, supporting the proposed ordinance.
Surrounding cities, villages took similar action
Shelby’s proposed ordinance comes three months following Ohio’s passage of Issue 2, a statute that allows adults 21 and over to buy and possess up to 2.5 ounces of cannabis and to grow plants at home.
The village of Bellville imposed a temporary moratorium on cannabis businesses after an Ohio company sought a permit for a dispensary on State Route 97.
Lexington’s village council voted Jan. 15 to adopt an ordinance prohibiting the commercial retail sale of marijuana.
On Jan. 2, Ashland City Council unanimously passed a ban on marijuana dispensaries and other related commercial operations within city limits.
Schag said the issue has been discussed during meetings with other Richland County mayors.
“I read about Ashland and then got online and read about a number of cities and villages that are doing the exact same thing,” he said.
“I think the idea is that it is an ordinance, and if there needs to be some things tweaked or so forth, we can always amend an ordinance.”
Ordinance wouldn’t limit right to consume or grow
Shelby’s proposed ordinance wouldn’t limit a resident’s right to consume or grow marijuana.
Issue 2 remains in effect as it was passed in November, since the state Legislature failed to agree on changes by the deadline, Dec. 7. The Statehouse can still make changes to the law but has yet to agree on anything.
Under the current law, cities and townships can prohibit “adult use cannabis operators,” which includes cultivators, processors and dispensaries, within their boundaries.
“I guess, in a sense, it’s (proposed ordinance) not going against any voters because all the ‘yes’ voters, this is what you voted for, this provision,” Schag said.
“As long as they understand that. And we’re not taking anything away.”
The law states the “legislative authority of a municipal corporation may adopt an ordinance, or a board of township trustees may adopt a resolution, by majority vote to prohibit, or limit the number of adult use cannabis operators permitted under this chapter within the municipal corporation or within the unincorporated territory of the township, respectively.”
Schag said the city wants to exercise their ability to make provisions.
“Through conversations with folks, I know that they would rather not have any retail sales within the city,” he said.
Local authorities cannot restrict home grow or marijuana possession. The law allows households with one adult to grow up to six plants, while households with more than one adult can grow up to 12.
Local governments also cannot impose additional taxes on marijuana businesses. Read the 42-page law here.
(Below is a PDF showing the Shelby City Council agenda and scheduled legislation for Monday evening.)
