MANSFIELD — Ohio voters in November made recreational cannabis legal in the Buckeye State.
But that same citizen initiative approved by 57 percent of voters also gave local governments the right to decide for themselves whether to permit marijuana dispensaries in their communities.
— Shelby City Council, Lexington Village Council and Madison Township trustees have already voted not to allow such businesses.
— Ontario City Council has approved a six-month moratorium on dispensaries, buying time before making a decision.
— The Village of Bellville, after a public meeting on the topic that attracted 150 residents, may ask voters to decide.
Mansfield City Council is scheduled to take up the issue on Tuesday night. Mayor Jodie Perry is asking local lawmakers to follow Ontario’s lead and approve a six-month moratorium on marijuana dispensaries in the city.
During the same meeting, City Council is scheduled to vote on a local law change that would make possession of less than 200 grams (7 ounces) of marijuana a minor misdemeanor. It’s currently a first-degree misdemeanor.
The new law approved in November allows adults 21 and over to buy and possess up to 2.5 ounces of cannabis and to also grow plants at home. But state law approved by the Ohio General Assembly also still prohibits marijuana possession under ORC 2925.11.
Safety Service Director Keith Porch, the former Mansfield police chief, said local marijuana ordinances are still on the books.
“We want make sure the (local) ordinance matches the prevailing winds as it relates to what is going on in the state,” he said, adding such criminal cases, if charged by police, would be handled by the law director’s office and the courts.
“But from a police officer’s perspective, that’s currently the law of the land,” he said.
(Below is the legislation Mansfield City Council is scheduled to consider Tuesday evening, an ordinance imposing a six-month moratorium marijuana dispensaries inside city limits.)
“(The moratorium on dispensaries) gives us some time to see what the state issues as far as the final regulations,” Perry said. “There are obviously a lot of strong opinions on both sides of this. I think it’s fair for us to have all the facts before council makes that decision.”
City voters mirrored the rest of the state in November as 57 percent of the 11,244 votes cast in Mansfield supported State Issue 2. The issue was approved in all but one ward in the city. Voters in the 1st Ward opposed it — 1,762 to 1,540, according to the Richland County Board of Elections.
It would not be the first time Mansfield lawmakers have acted after a statewide marijuana law change. In 2017, council voted 6-1 to not allow medical marijuana dispensaries in the city after such use of cannabis was approved in Ohio in 2016. That ban remains in place.
None of the current members of council voted on the medical cannabis issue in 2017. Council President Phil Scott is the only lawmaker left from that group and the president only votes in the event of a tie.
related coverage of marijuana dispensaries in local communities
Perry said it was important for the city to act before a business begins an effort to locate a recreational marijuana dispensary in the city.
“We certainly have had businesses inquire. Before they move ahead with purchasing land or things like that, we wanted to at least say, ‘Hey, this is something the city certainly does have concerns about.’
“We wanted to put that out there and give us some time to see what rules the state issues,” the mayor said.
Perry said she is interested in learning what local rules and controls would be granted by the state.
“Is this going to operate like liquor laws? Is it going to be significantly different? What rights do cities have, especially home rule cities like ourselves, as far as locations? These are (answers) we would like to have before we entertain something,” the mayor said.
Perry said the moratorium would only impact dispensaries and that the home growing and possession law approved in November remains in effect.
The mayor, who led the Richland Area Chamber and Economic Development before winning office in November, said the revenue increase from a dispensary may be somewhat offset by additional workforce issues.
Under the new law, employers can still maintain a drug-free workplace. This permission includes the power to prohibit the use of marijuana. As such, employers may continue establishing drug testing and zero-tolerance drug policies. The act also provides several protections for employers, including the following:
- Employers may continue to bar the use, possession, and distribution of marijuana;
- Employers may take disciplinary action against employees, including the termination of employment due to an individual’s use, possession, or distribution of marijuana;
- Employers may continue to refuse to hire individuals due to their use of marijuana.
“We already have employers, and this isn’t just a Mansfield thing … there is a shortage of workers across the country at this point. Making that worse is not something I am super excited about,” she said.
“Those are concerns I have heard from employers.
“We are taking this to council. I don’t know how they will vote on this. I don’t know what the community as a whole is looking for. We are expecting a lot of feedback on this. Some will like it. Some will not.
“Our thought is at the end of the day, this is an opportunity for us to hear from the public and certainly for council, because at the end of the day, they’re going to be the ones to make the decision,” she said.