AN ORDINANCE

BY:
NO.
IMPOSING AN IMMEDIATE MORATORIUM ON THE ISSUANCE AND PROCESSING OF ANY PERMITS RELATING TO RETAIL DISPENSARIES, CULTIVATORS, OR PROCESSORS OF ADULT USE MARIJUANA; AND DECLARING AN EMERGENCY.

WHEREAS, Ohio voters approved State Issue 2 on November 7, 2023 adopting proposed legislation authorizing the cultivation, sale and use of marijuana products for recreational purposes; and

WHEREAS, pursuant to the operation of Article II, Section 1(b) of the Ohio Constitution, the proposed legislation now approved by Ohio voters has been incorporated into the Ohio Revised Code as Sections 3780.01 through 3780.99 and became effective on December 7, 2023, with no further action required by the Ohio General Assembly (the “Act”); and

WHEREAS, since the passage of Issue 2, members of the Ohio General Assembly have expressed an intention to amend the Act but have not yet clarified whether and/or how the Act will be repealed, modified, or materially altered; and

WHEREAS, Section 3780.03 of the Act provides that a newly created “Division of Cannabis” shall adopt rules establishing standards and procedures for the implementation of the adult use marijuana program, including licensing requirements for cultivators, processors, and retailers; and

WHEREAS, the Act, as currently constituted, provides the Division of Cannabis a period of nine months after December 7, 2023 to implement rules and regulations regarding the adult use marijuana program; and

WHEREAS, Council intends to adopt legislation that provides for the orderly implementation of adult use cannabis in the City consistent with State laws and regulations; and

WHEREAS, pursuant to the Ohio Constitution 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 uses; and

WHEREAS, at least until such time as regulations are adopted, the amendments to the Act are adopted and the City has had an opportunity to study the foregoing, Council has determined it to be in the best interests of the public health, safety, and welfare to impose an immediate moratorium on any cultivation, processing, or retail dispensing of marijuana for adult use business purposes in any form within the city of Oakwood, except as required by the Act;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:

SECTION I.

Except as required by the Act, Council hereby imposes an immediate moratorium on the issuance and processing of any permits for cultivators, processors, and retail dispensaries of adult use marijuana as defined in Sections 3780.01 through 3780.99 of the Ohio Revised Code.

SECTION II.

The purpose of this moratorium is to allow city staff and Council to consider amendments to pertinent Codified Ordinances, including the Oakwood Zoning Code, to prepare regulations which may be necessary, and to determine where, whether, and how to allow, limit or prohibit cultivators, processors, and retail dispensaries in the city.

SECTION III.

Council hereby directs and orders that no permits for cultivators, processors or retail dispensaries of adult use marijuana shall be issued or processed by the city during the moratorium, including but not limited to any zoning certificate, except as may be required by the Act.