Newark City Council puts six-month moratorium on new Recreational Marijuana applications
Newark City Council Approves Six-Month Moratorium on Recreational Marijuana Dispensaries, Exempts Current Medical Marijuana Locations.
City Council approved a six-month moratorium on new locations dispensing recreational marijuana but exempted the three current medical marijuana dispensaries from the legislation.
Council approved the moratorium after a spirited discussion and considerable confusion at the Dec. 4 meeting but then amended the legislation Monday night to exempt the three current medical marijuana locations from the moratorium, which takes effect in January.
Medical marijuana became legal in Ohio in 2016, but Ohio voters just approved the legalization of recreational marijuana in the Nov. 7 general election.
Council voted 6-4 in favor of the moratorium, but the legislation had an emergency clause. The city charter requires seven votes to approve legislation as an emergency, but six votes is enough to approve an ordinance that takes effect in 30 days.
On Dec. 4, council members said the ordinance failed because it lacked seven votes.
“It was perceived it did not pass, but in fact if you have six votes, it still passes but not as an emergency,” council member Doug Marmie, R-6th Ward, said Monday night.
Council member Jonathan Lang, R-5th Ward, said the amendment was needed because the ordinance prevented existing businesses from expanding to allow recreational marijuana, also referred to as adult marijuana.
Law Director Tricia Klockner said the exemption may be a moot point because the state may allow medical marijuana dispensaries to distribute adult marijuana.
Council member Spencer Barker, R-at large, moved to approve the moratorium at the Dec. 4 meeting, during which Lang failed in attempts to amend and table the ordinance.
“I have some serious concerns with passing what I think is a premature moratorium on applicants for zoning in the city of Newark,” Lang said.
“All we are doing in issuing a moratorium prematurely like this is telling these businesses we don’t want you to invest here, which is not the message we want to send, given the success with the medical dispensaries so far. A six-month moratorium — it’s going to have a chilling effect.”
The ordinance authorizes the moratorium on “the processing or approval of any application for certificate of zoning clearance, building occupancy permit, or any other permit or approval required under the zoning code for any premises that would enable the retail sale or dispensing, cultivating or processing of adult use marijuana for a period of 180 days.”
Barker, in his final council meeting after being defeated in the November election, said council should respect the city department that recommended the legislation.
“This was brought to our attention by our zoning department,” Barker said. “By changing any of this, we’re saying to our zoning department, ‘We don’t trust what you’re recommending.’”
Council member Jeff Rath, R-3rd Ward, responded to Barker.
“I think that’s incredibly strong language,” Rath said. “That’s inappropriate.”
Council members joining Barker in support of the moratorium, were: Barker; Michael Houser, R-1st Ward; Beth Bline, R-2nd Ward; Mark Labutis, R-4th Ward; Brad Chute, R-at large; and Dustin Neely, R-at large.
The four in opposition to the moratorium were: Lang; Rath; Marmie; and Colton Rine, R-7th Ward.
