HomeMy WebLinkAboutOrdinance 08-24RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
08-24 Passed , 20 Ordinance No.
TO PROHIBIT ADULT-USE MARIJUANA CULTIVATION, PROCESSING,
AND RETAIL DISTRIBUTION WITHIN THE CITY OF DUBLIN AND TO
INCLUDE VAPING WITHIN THE DEFINITION OF SMOKING
WHEREAS, on November 7, 2023, Ohio voters approved State Issue 2, creating an
administrative system for the legalized cultivation, processing, and retail sale of
marijuana for people over 21 years of age (adult-use marijuana); and
WHEREAS, since State Issue 2’s passage, lawmakers have proposed two alternative
bills to revise the administrative and tax structures adopted via State Issue 2, but have
not adopted any amendments to-date; and
WHEREAS, pursuant to home rule authority found in Article XVIII of the Constitution
of the State of Ohio, the City Charter, and the Ohio Revised Code, municipalities have
the inherent power to enact planning, zoning and business regulation laws that further
the health, safety, welfare, comfort and peace of the citizens of the municipality,
including restricting, prohibiting and/or regulating certain business uses; and
WHEREAS, ORC 8 3780.25, enacted by State Issue 2, affirms that municipalities may
prohibit or limit the number of adult-use marijuana operators within their corporation
limits; and
WHEREAS, the prohibition of adult-use marijuana operators within the City of Dublin
serves the general health, safety, and welfare due to factors including the continued
illegal status of marijuana under Federal law and uncertainty about revisions to be
made by the Ohio General Assembly; and
WHEREAS, the City’s current smoking prohibitions do not explicitly include vaping and
vaping products within its definition of smoking; and
WHEREAS, the City desires to amend the definition of smoking to include such
reference;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Delaware, Franklin, and Union Counties, State of Ohio, Ji of the elected
members concurring, that:
SECTION 1. That Chapter 121 of the Dublin Codified Ordinances, Medical Marijuana,
Shall be amended as follows:
CHAPTER 121 — MEDICAL AND ADULT-USE MARIJUANA
121.01 DEFINITIONS.
(a) “Academic medical center” has the same meaning as in section 4731.297 of the
Ohio Revised Code.
(b) “Adult-use marijuana” shall mean marijuana permitted to be cultivated, packaged,
and sold as adult-use marijuana pursuant to Chapter 3780 of the Ohio Revised Code.
(b) “Marijuana” has the same meaning as marihuana as defined in section 3719.01 of
the Ohio Revised Code.
(c) “Medical marijuana” means marijuana that is cultivated, processed, dispensed,
tested, possessed, or used for a medical purpose.
(d) “State university” has the same meaning as in section 3345.011 of the Ohio Revised
Code.
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
08-24 Page 2
Ordinance No. Passed _,20
121.02 CULTIVATION, PROCESSING, OR RETAIL DISPENSING OF MEDICAL OR
ADULT-USE MARIJUANA PROHIBITED.
(a) The cultivation, processing, or retail dispensing of medical or adult-use marijuana
within the City of Dublin is hereby prohibited.
(b) This section does not prohibit research related to marijuana conducted at a state
university, academic medical center, or private research and development organization
as part of a research protocol approved by an institutional review board or equivalent
entity, if otherwise permitted by State law or rule, or local ordinance.
12199 PENALTY
Whoever violates Section 732.02(a) is guilty of a misdemeanor of the fourth degree.
Each day of violation shall constitute a separate offense.
SECTION 2. Section 153.035, Medical Marijuana Cultivation, Processing, or Retail
Dispensing, shall be amended as follows:
153.035 CULTIVATION, PROCESSING, OR RETAIL DISPENSING OF MEDICAL OR
ADULT-USE MARIJUANA PROHIBITED IN ALL DISTRICTS.
(a) The cultivation, processing, or retail dispensing of medical or adult-use
marijuana shall be a prohibited use in all zoning districts within the City of Dublin.
(b) Use of property in violation of this section shall constitute a nuisance.
(c) In addition to other penalties provided by law, the Director of Law shall be
authorized to institute civil proceedings in a court of competent jurisdiction to enjoin
violations of this Section; for monetary damages arising from violations of this Section;
and to take all actions necessary to secure enforcement of any injunction and collect
upon any damage award, judgment, or fine in contempt levied in relation to a violation
of this Section.
SECTION 3. That Chapter 94 of the Dublin Codified Ordinances, Smoking Prohibitions,
shall be amended as follows:
94.10 DEFINITIONS
SMOKE or SMOKING. Inhaling, exhaling or carrying any lighted and/or burning smoking
materials. SMOKING includes the use of an electronic smoking device and a vapor
product. SMOKING does not include the burning or carrying of incense in a religious
ceremony or the use of matches or lighters for nonsmoking purposes. Smoke shall also
mean the by-product of any smoking materials.
SMOKING MATERIALS. Any cigar, cigarette, pipe, weed, plant or other organic
substance grown, manufactured or processed which is intended to be used for smoking
in any form, including through electronic smoking devices. SMOKING MATERIALS do
not include candles, incense, or other similar items.
SECTION 4. Council hereby finds that all deliberations and votes taken in relation to
this Ordinance were done in a public meeting in accordance with Section 121.22 of the
Ohio Revised Code
SECTION 5. The provisions of this Ordinance are severable, and if any one or more
should be found unenforceable for any reason, the remaining provisions shall remain in
full force and effect.
SECTION 6. This ordinance shall take effect at the earliest opportunity allowed by law.
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
08-24 Page 3 Ordinance No. Passed , 20
de | Passed this iD= day of | + , 2024.
Ul A—s—
Mayor — Presiding Officer
ATTEST:
Ce of Zouncil Uj
1
To: Members of Dublin City Council
From: Megan O’ Callaghan, City Manager
Phil Hartmann, Assistant Law Director
Date: April 30, 2024
Re: Ordinance 08-24 - To Prohibit Adult-Use Marijuana Cultivation,
Processing, and Retail Distribution within the City of Dublin and to Include
Vaping within the Definition of Smoking
INTRODUCTION
This memorandum addresses two proposed amendments/additions to the Dublin
Codified Ordinances. First, as discussed at the City Council Retreat, it provides background and
context to the State Issue 2 debate related to adult-use recreational marijuana. Ordinance 08-
24 adopts permanent legislation restricting the use and commercial operation of adult-use
recreational marijuana. Second, there was an expressed desire to amend the definition of
“smoking” found in the current City Code to including electronic-smoking or vaping devices.
Ordinance 08-24 amends the current City Code language to include those devices within the
existing restrictions on smoking.
BACKGROUND
At the November 2023 General Election, Ohio voters approved State Issue 2 to legalize
the commercial sale, recreational use, and home cultivation of marijuana for persons 21 years
old and older. Issue 2 took effect December 7, 2023, and establishes Chapter 3780 of the Ohio
Revised Code. Specifically, under Chapter 3780, marijuana may be commercially sold and
cultivated if the selling entity has a valid license. Issue 2 affords the new Ohio Division of
Cannabis Control up to nine months to complete its rulemaking and licensing application
process for adult-use (recreational) marijuana sales. (Adults without a license may grow and
possess up to six cannabis plants per residence for non-commercial recreational use).
Issue 2 gives existing medical marijuana operations the right to obtain an adult-use
marijuana license as well. Importantly, for the City of Dublin, its existing ban on medical
marijuana businesses (cultivators, processors, and dispensaries) means that there are no
operations that have such a right to an adult-use license. The City adopted this legislation as
both a zoning and a business regulation in 2017.
Memo
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017
Phone: 614.410.4400
2
From the moment that Issue 2 was approved, lawmakers in the Ohio General Assembly
expressed their general intentions to change it. City staff and the law department have
continued to monitor the status of Issue 2 and proposed revision legislation since Election Day.
But, as recently summarized by Governor Mike DeWine: “We have kind of a goofy situation
today where it’s legal to consume marijuana. It’s legal to grow marijuana. But you can’t buy
the seeds and you can’t buy the marijuana.”1
The Ohio Senate passed H.B. 86, which the Governor supported, on December 6, 2023.
That bill would reorganize both medical and adult-use marijuana under Chapter 3796
(repealing initiated Chapter 3780), create a licensure system including up to 350 adult-use
marijuana dispensaries across the state, and allow existing medical marijuana retail
dispensaries to sell adult-use marijuana as soon as the bill takes effect. It also purports to
prohibit “the legislative authority of a municipal corporation [from adopting] an ordinance . . .
that prohibits or limits the operations of a cultivator, processor, or retail dispensary licensed
under [Chapter 3796] on or before the effective date of [S.B. 86].” It is important to note that
this language refers to entities already licensed under Chapter 3796, i.e., existing medical
marijuana cultivators, processors, or dispensaries—none of which exist within the City of
Dublin.
Current H.B. 86 is an amended substitute version of a bill that had already passed the
House in a different form. So, although H.B. 86 has nominally passed both chambers, it will
not be sent to the Governor’s desk unless or until the House either concurs in the Senate’s
amendments or a conference committee agrees on a compromise version that both chambers
adopt.
Meanwhile, in the Ohio House, lawmakers introduced H.B. 354. As of January 23, 2024,
it remains in committee and has not been the subject of a committee hearing since December
13, 2023. This may be due, in part, to the light schedule the legislature had kept over the
holidays and first part of the new year. H.B. 354 proposes more modest changes to Issue 2—
it mostly makes technical corrections to the text and revises distributions of the excise tax
imposed by Issue 2. Like Issue 2 itself and H.B. 86, it includes a grandfathering provision for
the continued operation of currently licensed (i.e., medical) marijuana cultivators, processors,
and dispensaries, although it does not automatically license existing medical marijuana
dispensaries to sell adult-use marijuana.
The General Assembly has not taken action to revise Issue 2’s legislation, despite early
pledges and options to do so. The division of cannabis control has moved forward with draft
rules to implement the application process which must be in place in the summer.
Consequently, there is more pressure to take action in at least the form of a moratorium until
the State has adopted rules or any new legislation is actually made into law.
1 “DeWine: Ohio Marijuana Policy a ‘Goofy Situation,’” David Skolnick, The Intelligencer and Wheeling
News-Register (Jan. 20, 2024) (available at https://www.theintelligencer.net/news/top-
headlines/2024/01/dewine-ohio-marijuana-policy-a-goofy-situation/).
3
It is evident that Issue 2, as passed by the voters, is unsatisfactory to most in the
General Assembly but they have not actually adopted anything to change it. Meanwhile, the
executive branch has begun its concrete rulemaking steps to enable publication of application
materials in the Summer.
The options provided to Council at the annual retreat were to:
1. Continue to study state legislative proposals until the General Assembly reaches a
compromise;
o The General Assembly, despite efforts in late 2023 and early in this year, has
not revised the law;
o Rulemaking has begun.
2. Adopt a moratorium to remain in effect for six to twelve months, which may provide
more certainty on the implementation of adult-use marijuana licensure and revenue
distribution by the state (a moratorium is generally written to expire at a set time
following a period of study; it could be extended or shortened by act of Council; and
it could be adopted as a resolution, and so voted on at the first reading and effective
immediately per Charter) or
3. Adopt permanent legislation addressing adult-use marijuana operations (see
example draft ordinance provided for February 5, 2024 meeting).
At the retreat, it was recommended by legal counsel to initiate option 3 and
discussion took place with Council to move forward with legislation prohibiting the cultivation,
processing, and retail distribution within the City.
UPDATE TO CITY CODE DEFINITION OF SMOKING
The Dublin City Code provision regulating smoking is found at 94.10, Smoking
Prohibitions. It includes the following definition of “Smoke or Smoking”:
Smoke or Smoking. Inhaling, exhaling or carrying any lighted and/or burning
smoking materials. Smoking does not include the burning or carrying of incense
in a religious ceremony or the use of matches or lighters for nonsmoking
purposes. Smoke shall also mean the by-product of any smoking materials.
The Ohio Revised Code was amended recently to include vaping within the
definition of smoking. The current version of the relevant law is found at
R.C.3794.01(A):
“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated
tobacco product or plant product intended for inhalation in any manner or in any
form. “Smoking” includes the use of an electronic smoking device and a vapor
4
product. “Smoking” does not include the burning of incense in a religious
ceremony.
Ordinance 08-24 amends the current City Code definition to track the state law provision
which includes vaping within the definition of smoking as follows:
SMOKE or SMOKING. Inhaling, exhaling or carrying any lighted and/or burning smoking
materials. SMOKING includes the use of an electronic smoking device and a vapor
product. SMOKING does not include the burning or carrying of incense in a religious
ceremony or the use of matches or lighters for nonsmoking purposes. Smoke shall also
mean the by-product of any smoking materials.
SMOKING MATERIALS. Any cigar, cigarette, pipe, weed, plant or other organic substance
grown, manufactured or processed which is intended to be used for smoking in any form,
including through electronic smoking devices. SMOKING MATERIALS do not include
candles, incense, or other similar items.
The inclusion of electronic smoking and vapor devices within the definition of smoking
under the City Code tracks similar amendments at the state level. This inclusion reflects the
updated reality and prevalence of vapor products while at the same time protecting against
the dangers involved with smoking and secondhand smoke within the existing legal framework
of the City Code.
RECOMMENDATION
Staff recommends the adoption of Ordinance 08-24 at the second reading/public hearing on May
20, 2024.
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