XENIA — The Xenia City Council voted to approve a two-month moratorium, called Ordinance 2023-34, on the commencement or establishment of adult use cannabis operators, including cultivators, processors, and dispensaries, within the city of Xenia and declaring an emergency.
The passage of Issue 2 by voters on November 7 will allow recreational use of marijuana to be legal in Ohio. Issue 2 enacted a new chapter of the Ohio Revised Code, Chapter 3780, which establishes an adult use cannabis program that will operate in much same manner as Ohio’s medical marijuana program.
Like the medical marijuana program, the new adult use cannabis program will have licensed cultivators, processors, and dispensaries. The new ORC chapter creates a Division of Cannabis Control with the Ohio Department of Commerce to administer and oversee the new program, however the Department of Commerce was granted nine months to adopt rules and regulations for the administration of the program.
“At this time, it is unclear what the rules and guidelines governing the new program will be,” said Will Urschel, council president. “We are waiting to hear back from the state on what the rules are.”
As a result of the latest moratorium, the following actions will occur:
— During the time of the moratorium established and imposed by Ordinance 2023-37, no adult use cannabis operators shall be established or commence operations within the city of Xenia, nor shall any permits or approvals be issued by the Zoning Division or the Building Division for such uses or for any similar uses.
— A moratorium is established and imposed upon the establishment or commencement of any adult use cannabis operator for a period one year, beginning January 13, 2024 and ending ending January 13, 2025 unless said moratorium is ended earlier by action of council.
— Upon the issuance from the state of Ohio of the regulations guidelines of the state’s Adult Use Cannabis Program, city staff is directed to study these types of uses and to recommend to council whether such uses should be prohibited, allowed, or a limited number allowed and, if allowed, the extent and manner in which such uses should be zones regulated.
— The ordinance does not limit research related to marijuana conducted at a state university, academic medical center, or a private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.
Urschel added the new law provides city council the authority to prohibit or limit the number of adult use operators, cultivators, processors, and dispensaries with the city.
In addition, city staff needs time to review the potential impact of such operators and will also need time to study, review, and recommend zoning regulations to city council regarding the proper zoning districts for such uses. The extra time given will also be used to make recommendations to city council on whether such operators should be prohibited, allowed, or regulated.
Council introduced and adopted to extend the moratorium from two months to one year (Ordinance 2023-37) on Nov. 21.
Reach Karen Rase at 937-502-4534.
