The North Royalton City Council unanimously adopted a measure at its December 5 City Council meeting that would prohibit cannabis operations within its municipal jurisdiction. The ordinance, introduced by Mayor Larry Antoskiewicz, was introduced at the November 21 City Council meeting.
On November 7, the Ohio electorate passed a law that, among other things, legalized recreational marijuana. The law took effect on December 7. The Ohio legislature is currently in the process of tweaking that law. The possible changes are yet to be seen as of the writing of this article. This leaves municipalities and police departments somewhat up in the air as to what the law will be.
At the November 21 Council meeting, North Royalton Law Director, Tom Kelly said that the city could limit or prohibit the number of operators, such as cultivators, processors, or dispensers. If they wished to do this, the city could opt out through the Ohio Revised Code (ORC), Section 3780.25, which states that “Local authority regarding adult use cannabis operators. (A) 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.” According to ORC 3780.01, the definition of adult use cannabis operator means “a level I adult use cultivator, a level II adult use cultivator, a level III adult use cultivator, an adult use processor, and an adult use dispensary.”
There was some discussion within City Council members about the possibility of utilizing a moratorium on the matter. Kelly said that by passing a moratorium, versus a prohibition, “In my estimation, it says we are open for business, just not today. It puts us on the clock. We only have six months to come back, provide guidance for zoning and hours of operation and all the other things that go into it.” Antoskiewicz noted that “With the opt out, you can still repeal the legislation.” Kelly added that the opt out does not prohibit residents from growing marijuana in their own home. The measure would not allow commercial enterprise or distribution locations. At that point, Council placed the measure on second reading.
At the City Council December 5 meeting, Council unanimously adopted the measure which will prohibit cannabis operators within the City’s jurisdiction.
By GLORIA PLEVA KACIK
Contributing Writer