OH: City Officials Debate Medical Marijuana Businesses

Katelyn Baker

Well-Known Member
Pataskala - The city's ongoing debate regarding whether to permit or prohibit medical marijuana businesses could be coming to an end.

In late February, Pataskala Law Director Brian Zets provided Pataskala City Council with information regarding the state's new medical marijuana program. The rules surrounding the program are starting to take shape, and Zets suggested the council act soon if it wants to shut – or open – the door to future medical marijuana businesses.

"As you all know, medical marijuana is here in Ohio," Zets told the council. ". ...It's here to stay."

Per the state, all the needed rules surrounding the program are scheduled to be in place by Sept. 8.

Still, Zets suggested the council make up its mind well before that date.

"These rules are all in the process of being developed," he said.

Cultivator rules are slated to be adopted by May 6, according to the state's timeline.

The state also is developing rules for processors and dispensaries, among rules for other facets of the program.

In the meantime, council members on Feb. 20 quizzed Zets about the ins and the outs of the program.

Council President Tim Hickin asked Zets if the cultivation sites would resemble farm fields.

Zets replied they would not. Instead, they would be housed in indoor facilities.

"These facilities (will be) highly secure, and the regulations (will require) them to be highly secure," he said.

The same will hold true for dispensaries, Zets said. They will not be "fly-by-night operations," he said.

Moving forward, Zets reiterated the city can outright prohibit any business connected to the industry.

"Actually, you could say, 'We don't want any cultivators, processors or retail (businesses),'" he said.

Zets added the city also can place restrictions on the industry. For example, it could require such businesses to locate in certain areas, such as the city's non-residential corporate park. It could also restrict the number of medical marijuana businesses.

"That's the question everyone right now is facing: Do we want to limit it in some fashion? Do we want to prohibit it? Do we want to accept it?" he said.

From a tax standpoint, Zets informed the council that cultivators would not benefit from normal CAUV agricultural tax exemptions. That means they would generate more tax dollars for the city.

Zets offers his services to other communities, and he said one of his clients recently received a call from someone wanting to open a facility in that unnamed community.

"(They said) 'We're thinking about your area for cultivation. What is your council thinking about this?'" Zets said.

With Zets suggesting the council put something in place before May, the council appears poised to consider some form of legislation, possibly as soon as its March 20 meeting. If it waits until after the rules are in place, Zets said the council may be forced to welcome a business, even if it has concerns about that business.

The issue arose only briefly during the council's most recent March 6 meeting, when City Administrator B.J. King told the council the city could prepare two different ordinances for the council to consider. One could feature an outright prohibition for cultivating, processing and retail dispensaries, he said. The other could permit cultivation but prohibit the other two uses, he added.

"We'll be (reaching out to) council members to see what direction we'd potentially like to go," King said.

The council could approve any legislation by early April because ordinances and resolutions do not become effective until 30 days after passage.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: City Officials Debate Medical Marijuana Businesses
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