Elyria considering moratorium on recreational cannabis operators

Elyria City Council is set to consider a moratorium on the opening of adult-use cannabis manufacturing, retail and processing facilities. On Tuesday, Elyria City Council's Community Development Committee unanimously approved a resolution to place "a temporary moratorium on retail dispensaries, cultivators and processors of recreational marijuana," in the city. The resolution, which was referred by Law Director Amanda Deery, will go before City Council for final approval during its next regular meeting on June 3. If approved, the moratorium will be in place for either one year or until Council revokes it. Deery recommended the moratorium be put in place due to uncertainty about the licensure and approval of adult-use cannabis at the state and local level in the wake of the passage of statewide Issue 2 in November. "The state General Assembly is in the process of putting forth regulations which should be formalized shortly putting into effect a state agency that will oversee this," Deery said. "I believe that it will probably take some time to get those kinks worked out." Similar moratoriums have been passed in 47 Ohio municipalities, including Avon Lake, Lakewood, Westlake and North Olmsted. Deery argued that the city should pursue a moratorium of no more than a year, to allow time for both the state and Elyria itself to work out how to regulate cannabis sales. "Adult-use marijuana is legal in the state right now for home grow or usage, but the issue of sale is still being worked out," Deery said. "… The reason the question of a moratorium is being brought before the committee this evening is because quite frankly we as a city don't have anything in our zoning code yet for adult-use. … In having conversations with my colleagues as well as the administration, we need some time to come before Council to update our ordinances to allow the zoning to deal with that." The moratorium would have no effect on Elyria's existing medical marijuana dispensaries, nor would it stop residents from growing cannabis at home or possessing cannabis without a medical card. Medical marijuana facilities are currently required to obtain a special use permit from the city in order to begin operation. The resolution was approved and will go before Council as an emergency, to make sure it is in effect before the June 7 opening of adult-sale permits if it is approved. Deery said while the moratorium is in place Council will have to consider how, where or even if it wants to allow adult-use cannabis businesses to set up in Elyria. Deery said while use is legal on a state level, cities do have the purview to place additional limitations on zoning for cannabis operators or outright prohibit them. Councilman Chad Schneider, D-at-large, said that Council should not allow the moratorium to last the full year but rather tackle the issue soon. "I don't think tonight we're here to debate the merits, or lack thereof, of adult-use marijuana," Councilwoman Donna Mitchell, D-6th Ward, said. "We're speaking only about the moratorium and moving forward on that." Contact Owen MacMillan at (440) 329-7123 or omacmillan@chroniclet.com.