Sharonville extends medical marijuana moratorium

• Move allows officials to determine how the city will regulate any future retailers.
• Moratorium established in advance of House Bill 523 taking effect on Sept. 8.

SHARONVILLE – Sharonville has extended its moratorium on the establishment of medical marijuana dispensaries, to allow officials to continue to study the issue and determine how the city will regulate any future retailers.

City Council voted to continue the moratorium for 180 days following a previous six-month ban. That moratorium had been established in advance of House Bill 523 taking effect on Sept. 8.

Safety Service Director Jim Lukas said Sharonville’s Planning Commission and City Council will decide whether to prohibit permits for the cultivation, processing or sale of marijuana. This discretion is allowed under Ohio law.

“The decision could also be made to allow certain aspects with amendments to our zoning code,” Lukas said. “The state is not finished with establishing their guidelines yet and there are those who believe that the provision which allows cities to prohibit these uses may be challenged in court. We will continue to monitor the above and discuss it further with our Planning Commission and City Council for their thoughts in the near future.”

HB 523 was signed June 8, with an effective date of Sept. 6, though details about how medical marijuana would be licensed, cultivated and dispensed are still being worked out. It established a Medical Marijuana Control Commission, which will administer the Medical Marijuana Control Program.

The program will allow patients, with a physician’s recommendation, to use medical marijuana for a qualifying medical condition. The patient, any caregivers and the physician must be registered through the program. Personal use of medical marijuana is not allowed, and it can’t be smoked or used in any combustible way. It will be available through oils, tinctures, plant materials, edibles and patches. The program also specifies that it can’t be made or sold in a way that’s attractive to children.

The zoning of dispensaries has been left up to local municipalities, but none can be located within 1,000 feet of a school, church, public library, public park or public playground. Those regulations also apply to cultivators, processors and laboratories.

While marijuana is classified as a Schedule 1 controlled substance, medical marijuana has been classified as a Schedule 2. This means it has no currently acceptable medical use or safety process, and has a high risk of abuse.