ASHLAND — Ashland City Council unanimously passed a ban on marijuana dispensaries and other related commercial operations within city limits on Tuesday, despite a divided voter base.
The ordinance comes a couple 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.
Ashland’s ordinance does not limit a resident’s right to consume or grow marijuana.
“All of that is still permitted,” said Ashland Mayor Matt Miller. “This is simply saying that we will not allow the commercial growth, cultivation and dispensing of recreational marijuana within the city limits of Ashland.”
The law remains in effect as it was passed in November, since the state Legislature failed to agree on changes by the deadline, Dec. 7. The Statehouse can still make changes to the law but has yet to agree on anything.
Therefore, recreational marijuana usage is legal for adults 21 and up, for now — and users can start growing at their home, since there’s no place to purchase it.
Local powers
Under the current law, cities and townships can prohibit “adult use cannabis operators,” which includes cultivators, processors and dispensaries, within their boundaries.
The law states the “legislative authority of a municipal corporation may adopt an ordinance, or a board of township trustees may adopt a resolution, by majority vote to prohibit, or limit the number of adult use cannabis operators permitted under this chapter within the municipal corporation or within the unincorporated territory of the township, respectively.”
Existing medical dispensaries that have been blocked from selling recreational products can petition to put the issue up for a vote on the next general election. If voters approve it, local officials must allow the sale of recreational cannabis.
Local authorities cannot restrict home grow or marijuana possession. The law allows households with one adult to grow up to six plants, while households with more than one adult can grow up to 12.
Local governments also cannot impose additional taxes on marijuana businesses.
Read the 42-page law here.
Disenfranchisement or voters’ will?
Though most Ohio voters cast a “yes” ballot for the measure, a large portion of Ashland County voters opposed legalizing cannabis.
The majority of voters in Ashland County, 55.02%, cast ballots in opposition to the state issue, according to the official tally at the Ashland County Board of Elections.
But the margin between for and against legal weed within city limits was much slimmer, according to official results.
In fact, seven out of the city’s 14 precincts voted in favor of legalizing marijuana, whereas only six voted against the measure. One precinct, Ashland 2-B, tied.
Overall, however, voters in the city proper opposed the issue — with 48% (2,969) voting in favor and 52% (3,161) voting against.
Miller said the ordinance banning adult use cannabis operators in Ashland came from Rick Wolfe’s office, the city’s law director. He reminded people who might feel disenfranchised by council’s decision that they are still able to consume cannabis and grow the plant.
The mayor pointed to the city’s ordinance that also bans dispensaries for medical marijuana — a law council passed in 2016, shortly after the state’s passage allowing the use of the drug for medical purposes.
Some municipalities in Ohio have already made efforts to ban adult-use cannabis operators, but most created moratoriums instead of indefinite sweeping bans.
When asked, Miller said Ashland’s ordinance does not have a time limit.
“But I will say ordinances can be changed,” he said.
Is Ashland alone?
So far, two cities and two townships — all in the southeast corner of Ohio — have made efforts to ban dispensaries from operating.
In Hamilton, the city’s council passed a moratorium that prohibits the sale of marijuana until June 12.
Fairfield, another city located within Butler County, banned dispensaries for nine months. The city also banned medical marijuana dispensaries from operating in the city back in 2016, when medical marijuana was legalized.
In West Chester Township, also in Butler County, trustees passed a moratorium that prevents recreational marijuana from being sold for 360 days.
Sycamore Township, in Hamilton County, established a ban on the authorization of any cannabis-related businesses, like Ashland.
