Ordinance 035-17Dayton Legal Blank, Inc.
Ordinance No.
RECORD OF ORDINANCES
35 -17
Passed
AN ORDINANCE PROHIBITING MEDICAL MARIJUANA
CULTIVATION, PROCESSING, AND RETAIL DISTRIBUTION
IUVITHIN THE CITY OF DUBLIN
Form No. 30043
20
WHEREAS, on May 25, 2016, the Ohio General Assembly passed Substitute I -louse Bill
523 ( "Fi.B. 523'x, which allows individuals with a qualifying medical condition, on the
recommendation of a physician, to apply to the State, and upon approval of their
application receive an identification card allowing them to obtain, possess, and use
medical marijuana for the treatment of said condition; and
WHEREAS, H.B. 523 was signed into law by Ohio Governor John Kasich and thereafter
became effective on September 9, 2016; 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 § 3796.29, enacted by I.B. 523, affirms that municipalities may
adopt restrictions, including prohibiting or limiting the number of cultivators,
processors, or retail dispensaries of medical marijuana within their corporation limits;
and
WHEREAS, H.B. 523 provides that the Ohio Department of Commerce, the Board of
Pharmacy, and the State Medical Board shall adopt rules establishing standards and
procedures for the medical marijuana control program; and
WHEREAS, these state boards have published their proposed rules governing
operation of marijuana dispensaries, cultivators, and processors, the issuance of
certificates to physicians wishing to recommend medical marijuana to patients, and the
registration of patients and caregivers wishing to purchase medical marijuana pursuant
to these recommendations; and
WHEREAS, these proposed rules are in the process of completing the state's agency
rule - review; and
WHEREAS, the City has studied these proposed rules; and
WHEREAS, marijuana (cannabis) remains classified as a Schedule I controlled
substance under the Federal Controlled Substances Act, rendering the manufacture,
distribution, dispensation, and the possession of marijuana with intention to
manufacture, distribute, or dispense, a crime under federal law; and
WHEREAS, a consequence of the continued prohibition of marijuana by the Federal
government is that financial services providers such as banks and credit card
companies are unable to do business with marijuana enterprises because it is illegal
under Federal law to transmit funds known to have been derived from marijuana; and
WHEREAS, the unbanked status of marijuana businesses results in the businesses
and their customers carrying significant amounts of cash; and
WHEREAS, the presence of large amounts of cash invites opportunity for robbery,
theft, money laundering, tax evasion, and other crimes constituting threats to the
public health, safety, and welfare; and
WHEREAS, due to the above threats to public health, safety, and welfare, having
reviewed the State's rules and Federal law's continued classification of marijuana
(cannabis) as a Schedule .1 drug, the City of Dublin determines that cultivation,
Dayton Legal Blank, Inc.
Ordinance No. 35 -17
RECORD OF ORDINANCES
Form No. 30043
Passed _ Page 2 of 3 .20.
processing, and retail dispensing of marijuana for medical purposes, or otherwise, shall
not be a permitted use within this City;
NOW, THEREFORE, BE IT ORDAINED by the Council the City of Dublin,
Delaware, Franklin, and Union Counties, State of Ohio, of the elected
members concurring, that:
SECTION 1. That Title XI, Business Regulations, shall be amended by adding
Chapter 121, Medical Marijuana, to read as follows:
CHAPTER 121 — MEDICAL MARIJUANA
121 _n1 f)FFTNmnNq_
a "Academic medical center" has the same meaning as in section 4731.297 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 marihuana" 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.
121.02 CULTIVATION, PROCESSING, OR RETAIL DISPENSING OF MEDICAL
MARIJUANA PROHIBITED.
(a) The cultivation, processinq, or retail dispensing of medical marijuana within the Citv
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
entitv, if otherwise permitted by State law or rule, or local ordinance.
1 2 1 _nn PFNAI TY
Whoever violates Section 732.02(a) is guilty of a misdemeanor of the fourth de_ ree.
Each day of violation shall constitute a separate offense.
SECTION 2. Chapter 153, Zoning Regulations, shall be amended by enacting
Section 153.035, Medical Marijuana Cultivation, Processing, or Retail Dispensing, to
read as follows:
153.035 CULTIVATION, PROCESSING, OR RETAIL DISPENSING OF MEDICAL
MARIJUANA PROHIBITED IN ALL DISTRICTS.
(a) The cultivation, �)rocessinq, or retail dispensing of medical 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
Dayton Legal Blank, Inc.
Ordinance No. 35 -17
RECORD OF ORDINANCES
Form No. 30043
Passed Page 3 of 3 .20
upon any damage award, judgment, or fine in contempt levied in relation to a violation
of this Section.
SECTION 3. 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 4. 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 S. This ordinance shall take effect at the earliest opportunity allowed by
law. .1
Pa sed this `� ay of �i 12017.
A
Ma or — Pres n}4fficer
A EST:
Clerk of Council
n `rownTodd
MEMORANDUM
To Dublin City Council
From Jennifer D. Readler, Law Director
Philip K. Hartmann
Thaddeus M. Boggs
Date: May 18, 2017
Re: Ordinance 35 -17 - Proposed Medical Marijuana Legislation
On May 25, 2016, the Ohio General Assembly passed Substitute House Bill 523 ( "H.B.
523 "), which allows individuals with a qualifying medical condition, on the recommendation of a
physician, to apply to the State, and upon approval of their application receive an identification
card allowing them to obtain, possess, and use medical marijuana for the treatment of the specified
condition. H.B. 523 was signed into law by Ohio Governor John Kasich and thereafter became
effective on September 9, 2016. Final rules implementing the bill's medical marijuana program
must be completed on or before September 8, 2017, and the Medical Marijuana Control Program
must be operational on or before September 8, 2018.
Staff brought this issue to City Council at its April 10, 2017, meeting; at that meeting,
Council directed staff to move forward with the proposed ban on medical marijuana cultivators,
processors, and dispensaries. The proposal would amend the zoning code to prohibit these uses in
all Dublin zoning districts, and so it was heard by the Planning and Zoning Commission at its May
4, 2017, meeting. Planning staff supported the ordinance and, following discussion, the
Commission voted to recommend passage of the proposed ordinance to Council.
The reason Dublin is considering this ordinance under its home -rule authority is to protect
the health, safety and general welfare of its residents and community. The City's concern stems
from marijuana's continued illegal status under federal law. This carries a number of
consequences, including the need for medical marijuana businesses and customers to possess
significant quantities of cash due to banking restrictions on marijuana proceeds. The presence of
raw plant materials in cultivation and processing also raises concerns for safety of those facilities.
With these considerations in mind, the City is sensitive to the concern that medical marijuana
products may provide relief for some residents suffering from illness and thisproposed legislation
in no way affects the use ofinedical marijuana.
N7ost Brown Todd LLC
FACT SHEET
The following is a short summary of the main components of medical marijuana law in Ohio:
FACT:
House Bill (H.B.) 523 created a framework for the legal use of medical marijuana in the State of
Ohio. This framework places three state entities the Department of Commerce, the Board of
Pharmacy, and the Board of Medicine in charge of making rules relating to the cultivation,
distribution, recommendation, sale, testing, and use of medical marijuana in the state.
FACT:
H.B. 523 included a specific provision affirming local municipalities' rights to prohibit the
cultivation, processing, and dispensing of medical marijuana within their limits. This provision is
codified at Section 3796.29 of the Ohio Revised Code.
• This provision does not relate to the use or possession of medical marijuana by a patient,
or to a qualified physician's ability to recommend medical marijuana to a patient.
• Local action to ban cultivation, processing, and dispensing does not impact patient use or
a qualified physician's ability to recommend medical marijuana.
• Cultivation means the growing and harvesting of medical marijuana for
commercial purposes authorized by H.B. 523. It requires licensure under the law
and rules being finalized by the State.
• Processors take the raw marijuana produced by cultivators and refine it into oil,
tinctures, edibles, or patches that are authorized for distribution as medical
marijuana under the law.
• Dispensaries sell medical marijuana to the patient or caregiver with a physician
recommendation to use medical marijuana.
• If the local medical marijuana cultivation, processing, and dispensing ban passes, Dublin
residents could still use medical marijuana (subject to the state's requirements) within the
City of Dublin.
FACT:
Marijuana (cannabis), including medical marijuana, remains a Schedule I controlled substance
under the federal Controlled Substances Act.
• This means that, according to the federal government, it has no medicinal value and is an
illicit drug.
• As a consequence, FDIC - insured and nationally chartered banks, and credit card
companies, cannot provide financial services where funds are derived from medical
marijuana. Most transactions necessarily will have to be made in cash.
• The federal government also, at any time, could shift from the laissez faire approach it
has recently taken to enforcing federal law against marijuana. Any medical marijuana
operation could be subject to federal enforcement action.
LAW AND ANALYSIS
The Ohio Constitution's Home Rule Amendment gives municipalities the inherent power
to enact planning, zoning, and business - regulation laws that further the health, safety, and welfare
within the municipality, provided that they do not conflict with state law. Additionally, H.B. 523
enacted Section 3796.29 of the Revised Code, which expressly affirms that municipalities may
2
adopt restrictions, including prohibiting or limiting the number of cultivators, processors, or retail
dispensaries of medical marijuana within their corporate limits.
A. Proposed rules for medical marijuan a
Since the bill's effective date, the State's Department of Commerce, Board of Pharmacy,
and Medical Board have been drafting rules setting standards and procedures for the medical
marijuana control program. In the meantime, many other municipalities including Grove City,
Upper Arlington, and Grandview Heights, among others have enacted temporary moratoria on
any medical marijuana manufacture, distribution, and dispensing. These moratoria vary in length,
but they are united in their desire to see what these state boards propose before making a final
decision on the presence of medical marijuana in their communities.
Since the beginning of the year, proposed rules have been released for processors,
dispensaries, and cultivators. Under these proposed rules, Ohio will license 60 dispensaries, 24
cultivators (with potential for more based on growth in patient population), and 40 processors
across the state. Each of these functions has its own licensing and fee structure, along with
requirements for security plans and other disclosures. The rules also would require patients and
caregivers to register with the state before purchasing medical marijuana, and medical marijuana
could only be sold pursuant to a recommendation from a physician who is certified to recommend
marijuana under the state's rules. Initial versions of the rules included a requirement that all
dispensaries hire a part-time clinical director (either a physician, pharmacist, or mid -level
practitioner) to oversee dispensary operations; this requirement was removed from the final
proposed rules, however.
Rules for cultivators took effect on May 6, and the Department of Commerce has unveiled
the application process. Cultivation applications will begin to be accepted in June or July, and they
will be awarded in a scored, competitive process for the limited number of permits.
B. Actions taken by other municipalities
Many cities' moratoria have not expired, but others have already begun the process to ban
medical marijuana cultivators, processors, and dispensaries in their territories. Worthington's city
council recently had a first reading of an ordinance that would prohibit medical marijuana, Plain
City has discussed a ban as well. The cities of Hamilton and Fairfield, in Butler County, and the
Village of Evendale, near Cincinnati, have enacted bans. Sidney, near Dayton, has extended its
moratorium to October 2017. The City of Troy has struggled with the issue, having extended its
moratorium through July while proposals for a small number of medical marijuana dispensaries
have bounced between the city council and planning commission. Meanwhile, the Village of
Johnstown approved a resolution stating its intention not to prohibit medical marijuana facilities
in the village, and the City of Richmond Heights (near Cleveland) has passed an ordinance
incorporating medical marijuana uses in its zoning code. Akron has also proposed measures to
regulate medical marijuana activities, but would not ban them. Still, and as the rules have neared
completion, the majority of jurisdictions acting on the issue have either tended toward banning
medical marijuana uses or extending moratoria for further study when the remaining
administrative rules become final in coming weeks and months.
3
C. The impact of marijuana's continued prohibition under federal law
The State's proposed rules have not addressed and cannot address —a vital component of
medical marijuana businesses: the continued illegality of marijuana under federal law. This has
not changed since the issue first was presented to Council. Marijuana (cannabis) remains classified
as a Schedule I controlled substance under the Federal Controlled Substances Act, rendering the
manufacture, distribution, dispensation, and the possession of marijuana with intention to
manufacture, distribute, or dispense, criminal under federal law. A consequence of the continued
prohibition of marijuana by the federal government is that financial services providers such as
banks and credit card companies are unable to do business with marijuana enterprises because it
is illegal under federal law to transmit funds known to have been derived from marijuana. The
unbanked status of marijuana businesses results in the businesses and their customers carrying
significant amounts of cash and this, in turn, invites opportunity for robbery, theft, money
laundering, tax evasion, and other crimes constituting threats to the public health, safety, and
welfare. This has been a problem in states that have legalized medical and recreational marijuana
(the banking issue applies for medical as well as recreational uses).
CONCLUSION AND RECOMMENDATION
This legislation has no impact on the use of medical marijuana that complies with Ohio
law and the rules that are currently under consideration. The continued illegality of marijuana,
including medical marijuana, under federal law, and the consequences of that illegal status,
continue to cast a shadow over the industry. Legal, Planning, and Police, along with the Planning
and Zoning Commission, support the ordinance banning the cultivation, processing and dispensing
of medical marijuana in the City.
Staff respectfully recommends passage of Ordinance 35 -17 at the second reading/public
hearing on June 12.
4
FACTS ABOUT THE STATE AND LOCAL REGULATION OF MEDICAL MARIJUANA
The City of Dublin is considering an ordinance that would prohibit medical marijuana
cultivation, processing, and retail dispensing within the City. The City is considering this
action under its home -rule authority to protect the health, safety, and general welfare
of its residents and community. This action is also specifically permitted by the law that
created Ohio's medical marijuana program.
The City's concern stems from marijuana's continued illegal status under federal law.
This carries a number of consequences, including the need for medical marijuana
businesses and customers to possess significant quantities of cash due to banking
restrictions on marijuana proceeds. The presence of raw plant materials in cultivation
and processing also raises concerns for safety of those facilities. With these
considerations in mind, the City is sensitive to the concern that medical marijuana
products may provide relief for some residents suffering from illness and this proposed
legislation in no way affects the use of medical marijuana.
The information provided in this document is intended to summarize what the proposed
ordinance would —and would not —do.
FACT:
House Bill (H.B.) 523 created a framework for the legal use of medical marijuana in the
State of Ohio. This framework places three state entities —the Department of
Commerce, the Board of Pharmacy, and the Board of Medicine —in charge of making
rules relating to the cultivation, distribution, recommendation, sale, testing, and use of
medical marijuana in the state.
FACT:
H.B. 523 included a specific provision affirming local municipalities' rights to prohibit the
cultivation, processing, and dispensing of medical marijuana within their limits. This
provision is codified at Section 3796.29 of the Ohio Revised Code.
• This provision does not relate to the use or possession of medical marijuana by a
patient, or to a qualified physician's ability to recommend medical marijuana to a
patient.
• Local action to ban cultivation, processing, and dispensing does not impact
patient use or a qualified physician's ability to recommend medical marijuana.
• Cultivation means the growing and harvesting of medical marijuana for
commercial purposes authorized by H.B. 523. It requires licensure under
the law and rules being finalized by the State.
• Processors take the raw marijuana produced by cultivators and refine it
into oil, tinctures, edibles, or patches that are authorized for distribution
as medical marijuana under the law.
• Dispensaries sell medical marijuana to the patient or caregiver with a
physician recommendation to use medical marijuana.
If the local medical marijuana cultivation, processing, and dispensing ban passes,
Dublin residents could still use medical marijuana (subject to the state's
requirements) within the City of Dublin.
FACT:
Marijuana (cannabis), including medical marijuana, remains a Schedule I controlled
substance under the federal Controlled Substances Act.
• This means that, according to the federal government, it has no medicinal value
and is an illicit drug.
• As a consequence, FDIC - insured and nationally chartered banks, and credit card
companies, cannot provide financial services where funds are derived from
medical marijuana. Most transactions necessarily will have to be made in cash.
• The federal government also, at any time, could shift from the laissez faire
approach it has recently taken to enforcing federal law against marijuana. Any
medical marijuana operation could be subject to federal enforcement action.
0127206.0607929 4820 - 4962 - 874343
City of
Dublin
OHIO, USA
MEETING MINUTES
Planning & Zoning Commission
Thursday, May 4, 2017
AGENDA
1. Rockin' Jump Dublin Shier Rings Road
16 -010CU Conditional Use (Approved 6 — 0)
2. Perimeter Center, Subarea E — Shell Service Station Signs 6695 Perimeter Loop Rd.
17- 034AFDP Amended Final Development Plan (Disapproved 3 — 3)
3. Medical Marijuana Regulations — Code Amendment
17- 038ADMC Administrative Request Code (Recommended for Approval 6 — 0)
PLANNING 5800 Shier Rings Road Dublin, Ohio 43016 phone 614.410.4600 fax 614.410.4747 dublinohiousa.gov
AiT>r
#L1T!!�!Ew
-w ale. w-
-- MM
�R71•fil!�YN
Nip
PLANNING 5800 Shier Rings Road Dublin, Ohio 43016 phone 614.410.4600 fax 614.410.4747 dublinohiousa.gov
Dublin Planning and Zoning Commission
May 4, 2017 — Meeting Minutes
Page 2 of 7
rx!u
. n
Trwrrr!� -rte �rer
11 ffill"
m- m.
-111111111101-
i
... . . .
. . . . . . .
. . . . . . . . .
.. .. .. ... ..
.. ... .. ..
.. ..
OH
The appimeaHt stated they %YeFe
agFeeffielmt
with
Pqs. De
the eelmdiI.
Resa, PqF. II
Pqs.
11 ffill"
i
OH
The appimeaHt stated they %YeFe
agFeeffielmt
with
Pqs. De
the eelmdiI.
Resa, PqF. II
Pqs.
Salay, Pqs. KI,
i yest
yest
yest
yest
yestaind
Dublin Planning and Zoning Commission
May 4, 2017 — Meeting Minutes
Page 3 of 7
!LTJ'l7i
T1
Upir
WORS-60110MI
100 NOWWWWWANNOW-01,11
10
Dublin Planning and Zoning Commission
May 4, 2017 - Meeting Minutes
Page 4 of 7
• .:�nirw�rr.�nsarn:e[ use: r�xrraa�asa�r�I
rr�rr.1 Is�:r�s�r��ri
11 trip
NMI Ili __
11111111111, IN
Nib..
. . .
. . . ...
. . ..
. .......
.. . . .
.... .. ......
.. .. .......
..
.. ....
.. .......
11 trip
Dublin Planning and Zoning Commission
May 4, 2017 - Meeting Minutes
Page 5 of 7
.. .. ns[
arrrnrweer
.�..r..*.r.�:�nn�:�x*a�e...e�.
.. rrr ,Tare�srr,:r��nrr�areerr�ee�.
.rem
.. .....
. .
. ..
. ..
.. ..
3. Medical Marijuana Regulations — Code Amendment
17- O38ADMC Administrative Request Code
The Vice Chair, Chris Brown, said the following application is a request for an amendment to the Zoning
Code to prohibit medical marijuana cultivation, processing, and retail distribution within the City of
Dublin. He said this is a request for a review and recommendation of approval to City Council for the
proposed amendments to the Zoning Code under the provisions of Zoning Code Sections 153.232 and
153.234. He said those intending on addressing the Commission in regard to this case do not need to be
sworn in as City Council is the final authority on this application.
The Commission decided they would like to see the presentation due to the interesting topic.
Phil Hartmann noted that Steve Stidhem left the Council Chambers as he had recused himself from this
review.
Tammy Noble presented the history of Medical Marijuana as it relates to the State of Ohio:
• On May 25, 2016, the Ohio General Assembly passed H.B. 523, which allows individuals with
qualifying medical conditions to apply to the State of Ohio, that if approved, allows them to
receive an identification cards that allows them to obtain, possess, and use medical marijuana.
• Governor Kasich signed the bill into law September 9, 2016.
• Final rules for implementing the program must be completed by September 8, 2017, and the
program must be operational before September 8, 2018.
Dublin Planning and Zoning Commission
May 4, 2017 — Meeting Minutes
Page 6 of 7
Ms. Noble presented municipal authority:
• Pursuant to the Ohio's Constitutional Home Rule Amendment, municipalities have the power to
enact planning, zoning, and business regulation law that further the health, safety and welfare of
their community.
H.B. 523 enacted a provision that allows municipalities to adopt restrictions, including prohibiting
or limiting the number of cultivators, processors, or retail dispensaries of medical marijuana
within their communities.
Ms. Noble reported the Law Director analyzed the options available to our corporation. While H.B. 523
allows the State of Ohio to regulate medical marijuana, she said it continues to be classified as a
Schedule I - Controlled Substance under the Federal Controlled Substance Act and is illegal under federal
law. Based on the negative implications associated with the federal prohibition, she reported the Law
Director recommends that the City of Dublin prohibit the cultivation, processing, and retail distribution of
medical marijuana.
As a result of the recommendation, Ms. Noble said this Code Amendment would add Section 153.035 to
the City of Dublin Zoning Code for provisions associated with regulating medical marijuana. She noted
these provisions would prohibit the cultivation, processing, and retail dispensing of medical marijuana in
all zoning districts and would state the penalties for such operations.
Ms. Noble said Planning has reviewed the Code Modification and determined it meets that criteria so
approval to City Council is recommended.
Cathy De Rosa inquired about doctors writing prescriptions for medical marijuana. Mr. Hartmann said
there are no rules to regulate that. He said a doctor gets licensed by the state to dispense it, even if he
practices within the City of Dublin and could write the "recommendation" as it cannot be a "prescription"
and cannot include a dosage amount so the person at the store would have to make a recommendation
based on the doctor's "recommendation ". He said these are all the issues as the laws conflict the ways
around it and there is no way to prohibit that.
Mr. Brown noted it is conflicted because it is a federally - prohibited substance. Mr. Hartmann said even
though the Federal Government has turned a blind eye to it so far, the conflict creates each problem. He
added with the banking industry, banks cannot accept any money because it is a C -1 Substance and with
being all -cash transactions, it is a big problem.
Mr. Brown asked if a doctor could "prescribe" it instead of "recommending" it, if a pharmacy could then
dispense medical marijuana as a controlled substance.
Deb Mitchell inquired about the manner of distribution. She asked if one will have to go to a state store
similar to buying liquor. Mr. Hartmann said medical marijuana is heavily regulated and would not be
found in any pharmacy. He clarified there will be dispensaries and there will be only so many licenses and
the regulations for one to become a dispensary is pretty stringent.
Mr. Brown concluded that no dispensary would be permitted in Dublin.
Ms. De Rosa asked where Columbus is leaning because across Sawmill Road is Columbus. Mr. Hartmann
indicated the City of Columbus has not taken action on this yet; there is plenty of time because a lot of
the rules have not been implemented yet.
Dublin Planning and Zoning Commission
May 4, 2017 - Meeting Minutes
Page 7 of 7
Bob Miller asked Mr. Hartmann if the federal conflict is not there, what the pros and cons would be for
allowing medical marijuana in Dublin.
Vince Papsidero asked for clarification of medical marijuana not being recreational so it is a health issue
to which Mr. Hartmann agreed. Mr. Hartmann said all -cash dealings are an issue and that fact may draw
more crime to the area. He added that not being able to prescribe a particular amount is very odd.
Mr. Brown noted medical marijuana is in an awkward place right now. He said he knows a nine - year -old
that suffers from seizures that takes the oil with the TAC removed and it has cut the number of seizures
down by 90 %.
Mr. Hartmann pointed out that other cities around us are going through this same exercise and are
making the same conclusion we are to prohibit medical marijuana outright.
Ms. De Rosa inquired about the language where it states a "violation" is a "nuisance ". Mr. Hartmann said
the reason they do that is to provide the ability to either take it to court criminally or civilly to
environmental court.
Motion and Vote
Ms. Mitchell moved, Ms. Salay seconded to forward a recommendation of approval to City Council for the
Administrative Request Code Amendment with no conditions. The vote was as follows: Mr. Brown, yes;
Mr. Miller, yes; Ms. De Rosa, yes; Ms. Salay, yes; and Ms. Mitchell, yes. (Approved 5 — 0)
Communications
the P'aHHOHg RepeFt has the listed th-e
Ms. I lbsak that the last
explaiHed YeFy page ef
all ef eFiteFia alld