AN ORDINANCE
WHEREAS, Ohio voters approved State Issue 2 on November 7, 2023, which enacted a new Chapter 3780 of the Ohio Revised Code that became effective thirty days from the date of the elections; and
WHEREAS, Chapter 3780 authorizes and regulates recreational adult use cannabis in the state of Ohio, including the cultivation, sale and use of marijuana products for recreational purposes; and
WHEREAS, Section 3780.25 of the Ohio Revised Code authorizes municipal corporations to prohibit or limit the number of adult use cannabis operators, as defined in Section 3780.01 of the Ohio Revised Code, within the city limits; and
WHEREAS, pursuant to the Ohio Constitution, home rule authority, and local ordinances, Council possesses the inherent power to enact appropriate planning, zoning, and business regulation laws that further the health, safety, welfare, comfort and peace of its citizens, including restricting, prohibiting and/or regulating certain business activities; and
WHEREAS, this Council previously adopted a temporary moratorium on the cultivation, processing, or retail dispensing of marijuana for adult use business purposes in any form within the city of Oakwood, and finds that it is in the best interests of the public health, safety, and welfare to prohibit these activities within the city on a permanent basis;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:
SECTION I.
Ordinance No. 4991 is hereby repealed, and the moratorium thereby established is revoked and superseded by this Ordinance.
SECTION II.
Adult use cannabis operators are hereby prohibited from operating within the city of Oakwood, Ohio. No provision of the Codified Ordinances of this city shall be construed to permit such operation.
SECTION III.
It is the intent of Oakwood City Council to prohibit the activities described in Section II above to the maximum extent permitted by Section 3780.25 of the Ohio Revised Code, and any other applicable provisions of state law. This Ordinance shall be construed in a manner that gives maximum effect to that intent.
SECTION IV.
All terms used in this Ordinance shall be defined in the same manner as Chapter 3780 of the Ohio Revised Code, as it pertains to adult use cannabis. All terms used in this Ordinance but not defined in said chapter shall be constructed, for purposes of this Ordinance, in a manner to be consistent with the use of such terms in both chapters.
SECTION V.
It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public, if required, in compliance with all legal requirements including Ohio R.C. 121.22.