OH: Law For Medical Marijuana Has Bexley Crafting Ordinance

Katelyn Baker

Well-Known Member
Though a state law that took effect Sept. 8 allows people with certain medical conditions to purchase and use medical marijuana at the recommendation of a doctor, the city of Bexley is considering a moratorium on businesses that dispense medical marijuana.

Ordinance 36-16, if City Council approves it, would place an 18-month moratorium on the cultivation, processing or retail dispensing of medical marijuana. The ordinance's purpose is to allow the city to monitor what regulations the state imposes on medical marijuana dispensaries and to prevent businesses from setting up shop in Bexley before those regulations take effect, Mayor Ben Kessler said.

"We're trying to avoid that eventuality until we have a feel for what that regulatory framework looks like, what it actually looks like in practice," Kessler said as council considered the ordinance on Sept. 27.

Another concern is that medical marijuana dispensaries often deal in cash transactions "and the fact that (medical marijuana) is outside of any federal framework," Kessler said.

The moratorium is not necessarily an indication that the city isn't willing to consider allowing medical marijuana dispensaries in Bexley, said Councilman Steve Keyes, chairman of the Zoning and Development Committee.

Keyes introduced the ordinance.

"We want to be a progressive community. I think it passed at the state level because there is a medical need for it and the kind of thing we would be open to," Keyes said. "We just want to understand what's entailed and have the regulatory ducks in a row first."

Council members discussed whether the 18-month moratorium should have a "sunset clause," that would cause the moratorium to automatically expire after the specified time frame, or if council action should be required to lift the moratorium.

"Some communities have already passed permanent bans (on medical marijuana dispensaries), which is permanent until their city council says, 'Never mind, we're going to get rid of that permanent ban,' " Bexley City Attorney Marc Fishel said. "By doing a moratorium, I think that the language shows that the city is open and plans to review the issue in 18 months, as opposed to a permanent ban, sending a different message."

Council members are expected to further discuss the ordinance at its Oct. 18 meeting.

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Full Article: Law For Medical Marijuana Has Bexley Crafting Ordinance
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