MANSFIELD — You can’t smoke ’em if you don’t got ’em.
And Mansfield lawmakers can’t vote on zoning regulations for potential recreational cannabis dispensaries in the city if they don’t got ’em, either.
Instead, a vote on such zoning rules and also a proposed repeal of a local ban on medical marijuana were pushed back until Aug. 20 by a divided Mansfield City Council which met Tuesday night.
Several council members expressed frustration the city administration didn’t have the promised legislation needed to allow such new businesses to select potential locations.
In fact, some legislators questioned aloud if Mayor Jodie Perry’s administration was dragging its feet to implement a business it had sought to prevent with a moratorium council rejected in June.
Perry told lawmakers July 16 she hoped to have those regulations to them for their review in advance of the Aug. 6 meeting as recreational cannabis dispensaries began to open around the state after the passage of State Issue 2 last November — and months of regulatory maneuvering and permit-seeking.
The Columbus Dispatch reported Tuesday 98 marijuana dispensaries received licenses to begin selling recreational cannabis, which marked the first day Ohio residents 21 and older could legally purchase the plant for such purposes.
The mayor, who participated in Tuesday’s meeting via Zoom, said last week the proposal was just not ready for Tuesday’s meeting.
“We do have an outside law firm reviewing the drafted language. It’s just not going to be done in time for Tuesday,” Perry said. “I do plan to try to share it in advance before the next (meeting on Aug. 20.)”
The zoning regulations are needed because City Council voted 5-3 on June 19 against a six-month moratorium on local dispensaries, opening the door for businesses seeking to gain state licenses to operate in Mansfield.
At-large Councilwoman Stephanie Zader was the first to express displeasure with the lack of a new zoning proposal and said she would not support a delay in repealing the ban on medical marijuana.
“We have several people looking to make investments in our city. We talk about the need for economic development in the city on a regular basis … the need for creation of jobs … the need for creations of places that create sales tax and everything else that helps fund this city … helps pave streets … helps do projects .. (all of that) relies on us promoting economic development,” Zader said.
She accused the previous city administration of preventing marijuana dispensaries from coming to the city.
“They circumvented this group and pushed their agenda through, and that’s exactly what this feels like,” she said.
“I’m here to say I am done telling people ‘no.’ So I do not support the motion to (delay),” she said.
Second Ward Councilwoman Cheryl Meier said it was “totally unacceptable” that the administration didn’t have the ordinance ready for consideration.
“I’m just very disappointed that we don’t have anything to at least look at,” she said.
“I know that this was brought to city Planning Commission over a month ago and they were told that they needed to get their ducks in a row and get something to us so that we would be able to vote and we have nothing. We don’t even have anything to look at,” Meier said.
“I know that the administration has got to have some ideas on what they’re thinking. I agree with Councilwoman Zader (that) we are holding up the process,” she said.
“We have voted to allow recreational cannabis dispensaries in the city of Mansfield. We are just clogging up the pipeline. I question whether maybe something else is going on behind the scenes,” Meier said.
She speculated the administration perhaps wants to prolong the effort in the hopes dispensaries will go elsewhere.
“Then we won’t have a dispensary here because they’ve gone elsewhere,” Meier said, adding she also opposed postponing the vote.
At-large Councilman David Falquette said he agreed with Zader and Meier, but he was concerned repealing the medical marijuana ban without zoning measures in place could leave the city with no control over dispensary operations.
Safety Service Director Keith Porch told council the administration understands a dispensary is coming to the city.
“We understand that in regards to dealing with zoning, we have one chance to get that right. Ultimately, it was decided in speaking with the Law Director to (engage) outside legal counsel that has dealt with this topic (to) make sure that they review what it is that we want to (present to) council for ultimate consideration,” Porch said.
“I can assure you that it has never been the intention of the mayor or myself or the administration to play games with the process,” the director said. “We understand that the voters have spoken. We understand that council has spoken.
“We’ve been inundated with recreational companies seeking to come do business in Mansfield. They have been told the standard response is that we don’t have our zoning requirements in place yet,” Porch said.
“It is not (our) intent to hold up any businesses seeking to do business in Mansfield,” he said.
Zader said the administration needed to move faster because she feared the licensed companies may choose to go elsewhere.
“There is a timeline you have to look out. We cannot miss out on these investments,” she said.
Porch replied, “My response would be I’m not going to move for the sake of investors coming to the city. Our concern is for the city. We will have appropriate zoning in place and then the chips will fall as they may of people choosing if they come to the city or not.”
After a brief struggle with audio technology, Perry said she understood the frustration among council members and that the process involving outside legal counsel has taken longer than expected.
“Nobody is trying to hold this up. My background is economic development, too. We hear you and we want to have it as well,” the mayor said.
“What I don’t want though is people to be buying properties that ultimately won’t qualify or for something that gets in (during) this interim time and then everyone else is held to a different standard.
“At the end of the day, the decision is up to you, but I think that we have a good set of recommendations,” Perry said.
“I don’t want people to be buying properties that ultimately won’t qualify,” Perry said. “To be honest with you, I thought the six-month moratorium was going to pass. It changed the trajectory and the speed at which we have to do this, but I want to be sure we’re doing this right.
“It’s going to impact generations to come,” she said.
Ultimately, council ended up agreeing to consider the regulations and the repeal of the medical marijuana ban on Aug. 20 by a 4-3 vote.
Zader, Meier and 1st Ward Councilwoman Laura Burns voted against the delay.
