Some Summit County communities opt to temporarily block recreational marijuana sales

As public officials statewide sort out how to proceed after Ohio voters' approved a referendum in November allowing recreational marijuana use, several Summit County municipalities are putting temporary brakes on businesses wishing to sell marijuana-related products.

The state, under rules approved Dec. 7, allows municipalities to prohibit or limit the number of marijuana businesses. In addition, the state legislature is considering changes and updates to the law set forth by Issue 2.

In Akron, the idea of seeking a moratorium has not arisen so far in City Council meetings, and a city spokeswoman said she was not aware of any efforts to establish one.

Hudson officials, however, have approved a 12-month moratorium on accepting applications for marijuana-related businesses within the city's borders. Tallmadge City Council is currently considering a similar resolution that will last six months.

In Norton, City Council passed a moratorium on establishments that would sell marijuana, and Barberton City Council followed with its own on Dec. 18.

In both cities, the temporary bans would give councils time to consider more permanent action tailored to city needs.

Barberton law director Lisa Miller said the moratoriums are a way for cities to gain some breathing space as they await the Legislature's full response to Issue 2.

"The rules are not here, yet," Miller said in a phone interview. "We don’t know what the rules are."

A moratorium gives a municipality time to consider zoning issues and — in this case — weigh the benefits and drawbacks of marijuana sales establishments.

Macedonia Mayor Nick Molnar said City Council will consider a moratorium proposal at its Jan. 11 meeting.

"I have not heard anything from the business community," he said, adding that a resident spoke against the use of marijuana in general at a recent meeting.

Jeremy McIntire, the president of Stow City Council, said no legislation had surfaced there.

"Issue 2 was passed as a statute and not a constitutional amendment — and therefore could be changed by the state senate, state house, or the governor," McIntire said. "Before we act, we as representatives should see what — if any — changes the state government may make."

In New Franklin, Mayor Paul Adamson said a moratorium hasn't been on the city's radar. Not yet, at least.

"We haven't had much of a discussion about it at this point," he said Monday. "We're monitoring what other cities are doing (but) I'm not certain that we need to do something preemptively."

Like other cities, New Franklin is waiting to see what the state legislature does.

"I'm sure we'll be talking about it the first quarter of next year," he said.

In Green, medical marijuana dispensaries were outlawed throughout the city in 2017.

Northfield, too, bars marijuana-related businesses, said Bradric Bryan, the village's law director. However, Council is considering changing this to allow dispensaries.

Carrie Snyder, a spokesperson for Cuyahoga Falls, said nothing has been planned for this time in terms of a moratorium.

In October, many residents came to Council meeting to out to speak out against a medical marijuana dispensary on State Road owned by FRX Health. Some residents have even pushed for a complete ban of future dispensaries coming to the city.

The nine Summit County townships have some authority to address land-use issues, said Al Schrader, an attorney with the law firm of Roderick Linton Belfance. Schrader was also a Springfield Township trustee for 28 years.

"(Townships) ought to respect what the voters decided to do," Schrader said Thursday. "My suggestion to my clients is: Don't do anything. Let's see what the legislature comes up with."

Issue 2 raises concerns in other areas of law beyond who can sell marijuana, Schrader said. Drug testing, in some cases, can detect usage up to 90 days prior to the test.

Recreational use will require employers, and municipalities as employers, to confront whether occasional usage is acceptable. A job in heavy machinery, for instance, may have different requirements than an office position.

"I think all the elected officials are trying in good faith to wrestle with this," Schrader said.

Ohioans can't purchase recreational marijuana just yet

On Nov. 7, a majority of Ohio voters approved Issue 2 to legalize the possession and use of marijuana by individuals aged 21 and over This includes the sale of marijuana by state-licensed dispensaries. A Division of Cannabis Control was created within the Ohio Department of Commerce to handle issues related to this change.

This doesn't mean that eligible adults can swing by a marijuana dispensary and purchase marijuana-related products for recreational use just yet. According to the Ohio Department of Commerce, the state legislature is considering updates to the law, which can impact the timeline for the rulemaking and licensing processes, and dispensary sales.

As of now, non-medical cannabis is not available to purchase in licensed dispensaries, and the general public can't visit dispensaries unless the individual is a registered patient or caregiver in the Ohio Medical Marijuana Control Program, according to the Ohio Department of Commerce. Sales of marijuana prior to adult-use licenses being issued may be subject to criminal penalties.

Also, the ballot language stated that people can't use non-medical cannabis in public areas: this would be considered a minor misdemeanor, according to the Ohio Department of Commerce. Ohio’s law prohibiting smoking or vaping in public indoor spaces will also apply to marijuana, and individuals can't operate a vehicle, motor vehicle, streetcar, trackless trolley, bike, watercraft, or aircraft while under the influence of cannabis.

This article originally appeared on Akron Beacon Journal: Some Summit County cities declare moratorium on recreational marijuana