HAMILTON, Ohio — After more than 1,000 days of waiting, Hamilton City Council has voted to change the city's rules around cannabis dispensaries.
Council adopted a pair of ordinances Wednesday that pave the way for recreational marijuana businesses to operate in Hamilton for the first time since Ohio voters legalized adult-use cannabis in 2023.
Supporters say the move could bring new economic opportunities and tax revenue to the city, while city leaders say the process has taken time to make sure any potential dispensaries are carefully regulated, and some raise concerns about the impact on public safety.
What the ordinances will do
There were two separate pieces of legislation passed on Wednesday night.
The first updates Hamilton's zoning code to define where cannabis dispensaries could operate and establish a conditional use application process.
The second ordinance lifts Hamilton's existing moratorium on dispensaries and updates the city's business code.
Now that both measures have passed, a dispensary can legally open in Hamilton.
Hamilton Planning Director Lauren Nelson said the zoning proposal came after years of research and conversations with communities that already have dispensaries.
"What has informed this process is a lot of due diligence and research on staff's end in terms of best practices from a zoning perspective," Nelson said. "Also, communication with other communities that have dispensaries."
Where dispensaries could go
Under the proposed zoning rules, dispensaries would only be allowed in two of Hamilton's commercial zoning districts.
They would not be permitted:
- Within 1,000 feet of schools or child care centers.
- Within 500 feet of libraries.
- Inside any of Hamilton's three historic districts.
- Adjacent to residential areas.
Nelson said the goal was to create a process that allows potential businesses while giving residents opportunities to weigh in.
"The proposal does not allow a dispensary by right anywhere in the city," Nelson said. "It allows them through a conditional use process."That means any business seeking to open a dispensary would need to submit an application, go before the Planning Commission and ultimately receive approval from City Council.
The process would include public hearings, and property owners within 500 feet of a proposed dispensary location would receive notification.
WATCH: Hamilton Community Manager David Stark discusses the ordinances ahead of Wednesday's meeting
Supporters point to economic opportunity
For Hamilton resident and Artspace Hamilton Community Manager David Stark, the timing is right. WCPO spoke to Stark ahead of Wednesday's vote.
"It's now been almost 1,000 days since the citizens of the state of Ohio voted for recreational marijuana, and a majority here in Hamilton, Ohio, voted for it too," Stark said.
Hamilton has maintained a moratorium on cannabis dispensaries since shortly after Ohio voters approved Issue 2 in November 2023.
Stark said he understands why city leaders took their time reviewing the issue, but believes Hamilton is ready to take advantage of a growing industry.
"While our leaders have been commendably thorough in considering this opportunity, it means we're arriving possibly a little late to the free money-making pot party," Stark said. "But I believe that Hamilton is still very well primed and suited."
Stark said the biggest benefit for Hamilton could be the economic impact.
He pointed to Ohio's marijuana Community Host Fund, which provides local communities with a portion of the tax revenue generated from legal cannabis sales.
"For starters, there is the money," Stark said. "The marijuana Community Host Fund, through that the state of Ohio gives out 36% of the 10% excise tax on all legal sales. That's an awfully great return on investment considering that all you have to invest here is merely the permission for a dispensary to operate."
Stark said he believes Hamilton could eventually benefit beyond just retail sales, pointing to the city's infrastructure and resources.
He said Hamilton could potentially become a player in cannabis cultivation in the future, though Wednesday's vote is focused on dispensaries.
The vote was not without opposition. Hamilton City Council member Timothy Naab was one of three council members to vote against both measures, citing personal and public safety concerns.
"This one gnaws me to the bone," Naab said. "This is the most difficult legislation that I've had to deal with personally."
Naab shared a personal loss connected to the issue.
"It's been 8,628 days since my daughter Mallory was killed by a man driving a vehicle who was high on marijuana, high on six other drugs," Naab said. "She left home a Saturday morning after Thanksgiving, kissed me goodbye and never came home Saturday night."
Other council members like Eric Pohlman, who opposed the measures, also raised concerns about the long-term economic impact.
"What happens when they take some of the money away?" Pohlman said. "What happens when these things shut down and we're left with empty buildings again?" one Hamilton council member said.
WATCH: Leaders of the city of Hamilton take a close vote to allow dispensaries
What happens next
Although both ordinances passed, cannabis businesses will still need to go through Hamilton's conditional use process before opening.
Nelson said the city's approach was designed to create a framework before any individual business seeks approval.
"Should council be approving the zoning, then they also need to sort of approve this secondary piece of legislation, which allows this in our business code and lifts the current moratorium," Nelson said.
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