SHELBY – Shelby City Council unanimously passed an ordinance Tuesday prohibiting “adult use cannabis operators” within city limits.
The ordinance, passed by emergency, comes three months after Ohio’s passage of Issue 2, a statute allowing adults 21 and over to buy and possess up to 2.5 ounces of cannabis and grow plants at home.
Legislation was first introduced to council Feb. 5, but a vote on the emergency measure was postponed until Tuesday evening.
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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.
Shelby’s ordinance does not limit a resident’s right to consume or grow marijuana.
Surrounding cities, villages pass similar legislation
Shelby is not the first local community 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.
Shelby Mayor Steve Schag said he feels confident City Council made the right decision passing the METRICH-endorsed ordinance.
“This elite group (METRICH) of highly qualified men and women are the experts in this field,” he said.
“They know first-hand the mental health effects, health dangers and deaths that are connected with drugs, intoxicants and psychoactive substances.
“The METRICH endorsement of this ordinance we passed tonight assures me we are doing the right and responsible thing for our residents.”
Anthony Cooper, a bishop at Kingdom Life Church in Shelby, thanked councilmembers for passing the prohibiting legislation.
Cooper said his sentiments are representative of several area pastors, as well as those around Richland County.
“I’m thankful that we have a mayor and have a city council that are looking out for our city, that’s looking out for our young people (and) our children.”
How did Shelby vote on Issue 2?
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.
When asked what he’d say to Shelby voters who cast their ballot in favor of Issue 2, Schag told Richland Source that citizens elect their representatives to make these types of decisions.
“This was in Issue 2, that cities, municipalities and villages could exercise home rule,” the mayor said.
“This piece of legislation does not address the growth or use of cannabis in the city. This is pretty much the distributors, dispensaries and so forth. It’s (ordinance) not going contrary to that element of Issue 2.”
Schag added that not every eligible Shelby voter exercised their right to vote last November.
“We don’t know what that whole other large segment of the city feels on this issue, because they didn’t go to the ballot box,” he said.
“We’re doing what we feel is best for the city of Shelby.”
In other action, City Council:
— confirmed the appointment of Stacey Gunder to the Community Reinvestment Area Housing Council.
— confirmed the appointment of Brian Crum to the Community Reinvestment Area Housing Council.
— confirmed the appointment of Evan Montgomery to the Board of Zoning Appeals.
— confirmed the appointment of Cody Crose to the position of Superintendent of the Electricity and Communications Department.
— accepted an original copy of the Proposed Charter for Shelby, Ohio from Garland John Gates.
— passed a resolution approving weed assessments as issued by the Director of Public Service.
— authorized the mayor to prepare and submit an application to participate in the Safe Routes to School program through the Ohio Department of Transportation.
(Below is a PDF showing the Shelby City Council agenda and legislation from Tuesday evening.)