Ohio Town Wants to Ban Medical Marijuana

In early June Ohio became the 25th state to legalize cannabis for medical use, but one Ohio town may need to change their preemptive laws.

Last year Hamilton County voted to ban marijuana sales by modifying their zoning codes to block sales. This ban may face legal issues post the recent bill legalizing medical marijuana signed by Ohio Gov. John Kasich. This preemptive strike against marijuana by Hamilton County was a result of the citizen led push to legalize marijuana in Ohio last year. Hamilton County might have to modify their laws if they plan to enforce their restrictions to ban access to medical marijuana patients.

More from Journal News.

A municipal ordinance cannot conflict with state law, Allen said, unless that municipality is a home rule city — which affords cities more flexibility in establishing laws. Given the fact that Hamilton is a home rule city, “it gets a little bit dicier,” said Allen. “It will end up being a court battle.”

“I think it’s problematic,” he said. “I think the city of Hamilton will be hard pressed to justify banning the sale of all medical marijuana on a zoning basis.”

Hamilton Mayor Pat Moeller said the issue hasn’t yet been discussed by council because the bill was signed by Kasich less than a week ago, and won’t take effect until Sept. 6.

Moeller, who is an attorney, said he hasn’t fully read the new law.

“We’re still learning about the regulations,” Moeller said. “We’ll have to take a look at it and go from there.”

And as everyone is still learning about it, Allen said, “It will take some time for Ohio to become used to the new law. It’s going to be like anything else when there’s a new statute.”

 

 

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