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West Chester Board of Trustees passes moratorium on cultivating, selling recreational marijuana

Marijuana Legalization
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WEST CHESTER, Ohio — While recreational marijuana will become legal in Ohio this Thursday, selling cannabis still won't be allowed in some local municipalities.

The West Chester Board of Trustees voted Tuesday to pass a 360-day moratorium on the commercial cultivation, processing and retail sale of "adult use" cannabis. When it's up, the board will reevaluate with an option to extend it.

"​What this does not do is prohibit someone from growing in their home or that personal use, that type of thing," said West Chester Township Administrator Larry Burks. "This is really more for our community, where it will be and how it will be permitted and what the rules are in West Chester Township."

Burks said the moratorium gives the township more time to figure out what the law will look like, as state leaders continue to debate regulations.

"It's difficult for an organization to permit or monitor or be responsible for permitting something where we don't know what the rules are," he said.

West Chester's decision comes just one day after the Fairfield City Council voted to temporarily ban dispensaries from operating in the city until Sept. 10, 2024. Then, the council will vote to extend it or ban it altogether.

Wednesday evening, Hamilton will discuss whether it will join the list of Butler County municipalities opting to put a pause on selling recreational marijuana.

RELATED | Fairfield City Council temporarily bans recreational marijuana dispensaries from opening

Issue 2 passed in Ohio with 57% of the vote. In Butler County, where West Chester is located, 56.8% of voters supported legalizing recreational marijuana.

The law does allow local governments to ban or limit license holders operating — which includes operators, cultivators and processors. Additionally, because it is not a constitutional amendment, the state legislature could change or override Issue 2.

"Issue 1 was a constitutional amendment, which the General Assembly has very little power to affect to almost none," said attorney Matt Miller-Novak. "On Issue 2, that was an initiative to pass a statute, where the General Assembly has the ability to amend that statute."

Ohio Senate Republicans discussed proposed changes during a senate hearing Tuesday, while lawmakers in the House have been working on bills that will not make major changes to the law passed just weeks ago. Nothing is official right now.

RELATED | Ohio Senate wants to stop you from growing weed; House fights back

"I think there's a balancing act for the General Assembly to not go so far that the people feel like their will has been usurped by legislators," Miller-Novak said.

If there are no major changes to the legislation before Thursday, Ohioans 21 and older on Dec. 7 will be able to legally possess and use up to 2.5 ounces of cannabis. Under the current law, recreational dispensary sales in Ohio will launch next fall.

Still, that doesn't mean there's a deadline for lawmakers.

"Before there's recreational dispensaries popping up all over the state of Ohio, the General Assembly does still have time," Miller-Novak said.

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