The North Royalton City Council is discussing a measure 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 legalizes recreational marijuana. The law takes effect on December 7. The ballot language for the law that was passed, is to “enact Chapter 3780 of the Ohio Revised Code, which would:
• Define adult use cannabis to mean marijuana as defined in Section 3719.01 of the Revised Code and establish the Division of Cannabis Control (the “Division”) within the Department of Commerce;
• Authorize the Division to regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed;
• Legalize and regulate the cultivation, processing, sale, purchase, possession, home grow, and use of cannabis by adults at least twenty-one years of age;
• Create additional protections for individuals who engage in permitted adult use cannabis conduct;
• Establish the cannabis social equity and jobs program and require the Department of Development to certify program applicants based on social and economic disadvantage;
• Define “social disadvantage” to include membership in a racial or ethnic minority group, disability status, gender, or long-term residence in an area of high unemployment;
• Shield certain confidential information from disclosure to the public, including but not limited to any information reported to or collected by the Division that identifies or would tend to identify any adult use cannabis consumer and prohibit the Department of Development from releasing certain application information as public records;
• Require the Division to provide preferential treatment to applicants who have qualified for the cannabis social equity and jobs program based on social disadvantage when issuing level III adult use cannabis cultivator licenses and dispensary licenses;
• Prohibit certain local government entities from limiting specific research, levying a tax, or charge on adult use operations, their owner, or their property not generally charged on other business, and prohibit certain local government entities from prohibiting or limiting adult use cannabis home grow or prohibiting or restricting an activity authorized by the proposed law;
• Authorize a landlord or an employer to prohibit the adult use of cannabis in certain circumstances, and prohibit the operation of a motor vehicle while using or under the influence of adult use cannabis and from using any other combustible adult use cannabis while a passenger in a motor vehicle;
• Limit criminal liability for certain financial institutions that provide financial services to any lawful adult use cannabis operator or testing laboratory licensed under the proposed law;
• Require the Division to enter into an agreement with the Department of Mental Health and Addiction Services to create a program for cannabis addiction services;
• Provide for the creation of five funds in the state treasury: the adult use tax fund; the cannabis social equity and jobs fund; the host community cannabis fund; the substance abuse and addiction fund; and the division of cannabis control and tax commissioner fund; and
• Provide for taxation of 10 percent on the sale of adult use cannabis by dispensaries in addition to usual sales taxes and require that all monies collected from the 10 percent tax levied to be deposited into the adult use tax fund and quarterly distributed as follows: 36 percent to the cannabis social equity and jobs fund; 36 percent to the host community cannabis facilities fund; 25 percent to the substance abuse and addiction fund; and three percent to the division of cannabis control and tax commission fund. If passed, the law will become effective 30 days after the election.”
North Royalton Law Director, Tom Kelly said that the city could opt out through the Ohio Revised Code (ORC), Section 3780.25, which states,“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 to 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 resident from growing marijuana in their own home. The measure would not allow commercial enterprise or distribution locations.
Council placed the measure on second reading for further discussion.
By GLORIA PLEVA KACIK
Contributing Writer