Several Dayton area communities enact or consider marijuana business bans

Kettering, Centerville, Washington Twp. have approved moratoriums; Troy, Miamisburg, Miami Twp. among others discussing issue

Several Dayton area communities are either putting a hold on the cultivation, processing and retail sale of recreational marijuana or considering a measure to do so.

Kettering City Council voted 5-1 Tuesday to enact a 9-month moratorium on adult-use cannabis operators locating or operating in Kettering effective immediately. Also on hold will be the issuance and processing of any permits or authorizations related to adult-use cannabis operators in the city.

“The purpose of this moratorium is to allow City Council and staff time to study State Issue 2 and the potential benefits and consequences of allowing, limiting, or prohibiting adult use cannabis operators within city limits and to prepare any necessary changes to the city’s codified ordinances,” according to the resolution.

The moratorium also “will help ensure the public peace, health, safety, and welfare,” the resolution says.

Council member Jyl Hall voted against the moratorium, while Bruce Duke was not present at the meeting.

Credit: AP

Credit: AP

Nearly three weeks ago, on Nov. 7, Ohioans voted to legalize the growing, processing, selling and use of recreational marijuana, making the Buckeye State the 24th state to do so. Nearly 57% of Ohioans approved state Issue 2, and the law takes effect on Dec. 7, which allows adults 21 and over to legally possess up to 2.5 ounces of marijuana, as well as use and grow up to six plants per person and 12 per household.

This is an expansion of Ohio’s marijuana laws as the state legislature approved the use of medical marijuana in 2016.

“This piece of legislation is an emergency ordinance,” said Kettering Law Director Ted Hamer said during Tuesday’s meeting. “It’s an emergency so that it can go into effect prior to the effective date of state Issue 2.”

Issue 2 does allow Kettering City Council, or any other legislative body, to ban or limit license holders from operating, which mirrors a legislative body’s options for medical marijuana. However, according to the new law, no local legislative body can prohibit laboratory research related to marijuana, including at a state university, academic medical center, or private research and development organization.

With the new law, local governments also cannot prohibit home-grown marijuana or levy any tax, fee, or charge on adult-use operators of cannabis.



Other communities take action

** On Nov. 20, Centerville City Council voted to approve a moratorium for nine months and Washington Twp. approved a 360-day moratorium.

** Troy City Council will be asked to approve a 180-day moratorium on granting permits allowing adult use cannabis operators from establishing within the city. Council’s law and ordinance committee voted Monday to recommend city council approve the moratorium at its next meeting this Monday.

** Emily Christian, Miamisburg’s assistant city manager, said Miamisburg City Council is planning a discussion on a possible moratorium during study session for its next meeting Tuesday “and then we’ll see what city council directs for any ordinance.”

** While the city of Dayton has nothing to report regarding a cannabis moratorium or ban, its law department “is still analyzing the developments from the recent election,” Dayton spokeswoman Toni Bankston told this news outlet.

** Miami Twp. is considering how to move forward since the passage of Issue 2, according to spokeswoman Jill Drury.

“While medical marijuana establishments are currently prohibited within township borders per the Miami Township Zoning Resolution, we are actively exploring our options as to what best serves the community in the future as the legal use of recreational marijuana is enacted,” Drury said.

Staff writers Michael D. Pitman and Cornelius Frolik and contributing writer Nancy Bowman contributed to this report.



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