Forest Park, a city in Hamilton County, Ohio, has decided to delay new recreational marijuana businesses for six months, as it waits for the state to finalize the regulations for the new industry. On Monday, March 7, 2024, the city council voted unanimously to declare a 180-day moratorium on issuing zoning certificates for adult-use cannabis dispensaries, cultivators, processors, testing facilities, and other similar establishments. This means that the city will not accept any new applications from companies that want to open such businesses during that period.
The city council said that the moratorium was necessary to protect the public health, safety, and welfare of the residents, and to ensure that the city has adequate time to review and update its zoning code and comprehensive plan to accommodate the new industry. The city council also said that the moratorium was a precautionary measure, as the state has not yet issued the rules and guidelines for the recreational marijuana program, which was approved by Ohio voters in November 2023.
The city council said that it supports the industry, and that it does not intend to ban or limit the number of recreational marijuana businesses in the city. The city council said that it wants to create a fair and transparent process for the applicants, and to avoid any legal challenges or conflicts that may arise from the lack of clarity and consistency in the state regulations.
The city already has one medical marijuana facility, and three more applications pending
Forest Park already has one medical marijuana facility operating in the city, and three more applications pending for medical cannabis dispensaries. The city council said that the moratorium does not affect the existing or the pending medical marijuana businesses, which are regulated by a separate program under the Ohio Department of Commerce.
The existing medical marijuana facility is King City Gardens, which opened in November 2023 as the largest medical marijuana cultivation site in Ohio. The facility, which occupies a former K-Mart store, has 25,000 square feet of grow space, and produces dozens of different strains of medical marijuana flower. The facility is owned and operated by King City Gardens LLC, a company that also has a license to process medical marijuana into oils, edibles, and other products.
The pending medical marijuana dispensary applications are from three different companies: Green Harvest Health, Ohio Cannabis Company, and Verilife. The city council said that it has received and reviewed the applications, and that it will issue the zoning certificates once the state approves the dispensary licenses. The city council said that it expects the state to issue the licenses by the end of 2024.
The state is expected to release the rules and guidelines for recreational marijuana by June 7, 2024
The recreational marijuana program in Ohio, which was created by the passage of Issue 2 in November 2023, allows adults 21 and older to possess up to 2.5 ounces of marijuana and 15 grams of extracts, and to grow up to six plants individually, with a 12-plant cap per household. The program also allows licensed businesses to sell, cultivate, process, test, and deliver marijuana and marijuana products, subject to state and local regulations and taxes.
The state is expected to release the rules and guidelines for the recreational marijuana program by June 7, 2024, and to issue the first round of licenses by September 7, 2024. The state has said that it will prioritize the existing medical marijuana businesses and the eligible operators under the social equity program, which aims to provide opportunities and assistance to the communities and individuals that have been disproportionately affected by the prohibition and criminalization of marijuana.
The state has also said that it will allow local governments to have some control over the location and operation of the recreational marijuana businesses, but that it will also impose some minimum distance requirements and other restrictions to prevent the concentration and clustering of the businesses. The state has also said that it will share some of the tax revenue from the recreational marijuana sales with the local governments that host the businesses, but that it has not yet determined the exact formula and amount.
The city will review and update its zoning code and comprehensive plan during the moratorium period
The city council said that it will use the moratorium period to review and update its zoning code and comprehensive plan, to ensure that they are consistent and compatible with the state regulations and the city’s vision and goals. The city council said that it will also seek input and feedback from the residents, the businesses, and the stakeholders, to understand their concerns and preferences regarding the recreational marijuana industry.
The city council said that it will consider various factors and criteria, such as the location, the size, the design, the security, the parking, the signage, the odor, the noise, and the environmental impact of the recreational marijuana businesses, and that it will establish appropriate zoning districts, standards, and conditions for the businesses. The city council said that it will also consider the potential benefits and challenges of the industry, such as the economic development, the job creation, the tax revenue, the public health, the public safety, the social justice, and the community character.
The city council said that it will lift the moratorium once it completes the review and update process, and that it will resume accepting and processing the applications for the recreational marijuana businesses. The city council said that it hopes to complete the process by the end of 2024, or sooner, depending on the state’s progress and timeline.
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