SHELBY – Legislation prohibiting “adult use cannabis operators” within the city of Shelby has been postponed until City Council’s Feb. 20 meeting.
Councilman Charlie Roub made a motion, seconded by Councilman Nathan Martin, to delay a vote on the ordinance until city council’s next regularly scheduled meeting.
Martin, who said he supports the proposed ordinance, explained additional information and resources are still being received regarding the legislation.
“I do find it prudent, as we have letters of support, information, etc. still coming in to us, that we do have a little bit more of a deliberative period,” he said.
Councilman Eric Cutlip shared similar sentiments.
“I do see the need for this legislation as well. And it is important that it gets passed,” he said. “But this period, taking a break, letting people know that it’s out there, is good.”
What’s being proposed?
Shelby’s proposed ordinance comes three months following Ohio’s passage of Issue 2, a statute that allows adults 21 and over to buy and possess up to 2.5 ounces of cannabis and to grow plants at home.
Just over 50 percent of registered voters in Shelby showed up to the polls in November. More than half of them (51.21 percent) cast their vote on Issue 2.
The majority of Shelby residents (50.9 percent) voted in favor of legalizing recreational marijuana use — 1,480 supporters to 1,427 opponents, according to the Richland County Board of Elections.
If passed, the Shelby ordinance wouldn’t limit a resident’s right to consume or grow marijuana.
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Under the current law, cities and townships can prohibit “adult use cannabis operators,” which includes cultivators, processors and dispensaries, within their boundaries.
According to Ohio Revised Code, “adult use cannabis operators” means a level one, two and three adult use cultivator, an adult use processor and an adult use dispensary.
The ordinance is being proposed as “an emergency measure,” meaning council will have the opportunity to waive its customary second and third reading.
(Below is a PDF showing the Shelby City Council agenda and legislation from Monday evening.)
‘We’re kind of in limbo’ says Martin
As the Statehouse continues discussing new regulations or provisions, Shelby Mayor Steve Schag said he’d rather make sure the city’s ordinance is in place before further changes are made at the state level.
“That (delay) gives a full two-week time period for everybody to continue to do their homework and maybe hear from their constituents,” he said.
Martin said the city wants to be prepared, without knowing what changes or provisions legislators in Columbus may decide.
“We’re kind of in limbo,” he said.
“It is important that we do pass (the ordinance) by emergency. But giving us an additional 14 days of deliberation will benefit everyone within our community.”
Surrounding cities, villages take similar actions
Should the ordinance be passed Feb. 20, Shelby would not be the first city to enact legislation prohibiting the sale of cannabis within city limits.
The village of Bellville imposed a temporary moratorium on cannabis businesses after an Ohio company sought a permit for a dispensary on State Route 97.
Lexington’s village council voted Jan. 15 to adopt an ordinance prohibiting the commercial retail sale of marijuana.
On Jan. 2, Ashland City Council unanimously passed a ban on marijuana dispensaries and other related commercial operations within city limits.
Schag previously told Richland Source the issue has been discussed during meetings with other Richland County mayors.
“I read about Ashland and then got online and read about a number of cities and villages that are doing the exact same thing,” he said.
“I think the idea is that it is an ordinance, and if there needs to be some things tweaked or so forth, we can always amend an ordinance.”