EATON — During its Monday, Jan. 15, meeting, Eaton City Council passed an emergency ordinance placing a 9-month moratorium on adult-use cannabis operators within the city limits.
“As we all know, Issue 2 passed last year which allows recreational cannabis,” Eaton Law Director Ryan Brunk told council. “Many cities have moved to the moratorium. You can’t stop the recreational use of marijuana, but what you can regulate though, as a local municipal government is the selling and the growing. We do already have a ban on growing medical marijuana but there’s some discussion on whether that legal ban will then follow recreational marijuana. There is legislation in the state house right now to put it all under the purview and the code section relating to medical marijuana that hasn’t been passed yet. So, what this does is just give us time, and it’s nine months to decide how we want to regulate it if we want to regulate like we did medical marijuana.”
State Issue 2 enacted Ohio Revised Code Chapter 3780 which legalized the growing, processing, and selling of cannabis for adult use in the State of Ohio and was effective Dec. 7, 2023
According to the ordinance, Ohio Revised Code Chapter 3780 authorizes municipalities to entirely prohibit or limit the number of adult use cannabis operators in their jurisdiction; and Article 18 of the Ohio State Constitution grants authority to municipalities to exercise all powers of local self-government, including the ability to limit land use.
“And, whereas, City Council and staff require time to research the benefits and consequences related to adult use cannabis operators within the City of Eaton to determine whether such activities should be allowed, limited, or entirely prohibited; and whereas a moratorium of 9 months on adult use cannabis operators in the city will allow city council and staff time to accomplish the city’s goals stated herein and will help ensure the public peace, health, safety and welfare,” the ordinance continues, “now, therefore, be it ordained by the council of the City of Eaton, Ohio, that:
“City Council imposes a moratorium of 9 months on adult use cannabis operators in the City of Eaton. Thus, no adult use cannabis operators shall locate or operate in and the issuance and processing of any permits or authorizations related to adult use cannabis operators in the City of Eaton is prohibited during this 9 month period. The purpose of this moratorium is to allow City Council and staff time to study Issue 2 and subsequent legislation to determine benefits, consequences, the limiting of, or prohibiting adult use cannabis operators within the City limits and to prepare necessary legislation.”
It continues, “City council instructs staff to review State Issue 2 and subsequent legislation regarding adult cannabis use and make recommendations regarding any potential changes to the city’s codified ordinances related to these activities for city council’sconsideration.
“This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety, and general welfare of the citizens of Eaton and in order to institute the moratorium immediately as Issue 2 is now effective. Therefore, this Ordinance is effective immediately upon its adoption.”
Council voted unanimously to declare the emergency and adopt the moratorium effective Monday, Jan. 15.
Councilman Chris Carr questioned where the selection of 9 months came from. According to Brunk, that was simply the longest he’d seen other cities use in their moratoriums, giving the city the longest amount of time possible.
