Title
Marijuana Regulations - Determination Regarding Moratorium Expiration
Brief Description: Determination to allow the temporary moratorium to expire or to enact a permanent ban of recreational marijuana facilities.
Body
Legislative History
Ord. 16-146 - Adopted a Moratorium on Applications for and Granting of Zoning Certificates for Buildings, Structures, etc. for Medical Marijuana; 9/6/2016
Ord. 17-99 - Amending 1206.01 and 1213.02 of the Planning and Zoning Code; 10/3/2017
Res. 23-166 - Declaring 12-Month Moratorium; passed 12/12/2023.
Ord. 23-154 - Amending Chapter 1205 and 1206 Relative to Regulation of Vape Shops, Pawn Shops, Tattoo Parlors and Marijuana Facilities; 4/9/2024
Ord. 24-150 - Three-month moratorium extension; effective January 3, 2025, expiring April 2, 2025
Purpose & Explanation
Issue Two regarding the legalization of recreational marijuana recently passed in the November 7, 2023 statewide election.
Council adopted Res 23-166 to establish a 12 month moratorium on marijuana facilities in December 2023 while Land Development Code standards were adopted.
Council adopted applicable Land Development Code regulations in April 2024.
Resolution 24-150 (expires April 2, 2205) extended the moratorium for an additional three months. Council requested staff complete community engagement regarding resident preferences to allow the temporary moratorium to expire vs establishing a permanent ban.
A lets talk Hudson page was posted from January 16th to February 13th with background information and the following question:
Ballot Issue 2, to legalize recreational marijuana facilities, was supported statewide in Ohio and by a majority of voters within the City of Hudson. The state regulations do allow; however, individual communities to prohibit recreational marijuana facilities. If such facilities were prohibited in Hudson, residents would have the option to purchase marijuana in other communities where such facilities are available.
Council is seeking resident input to make a decision between the following question for resident input:
1. Allow the moratorium to expire, which will permit marijuana facilities to be established in District 9 of the City of Hudson when required development standards are met.
2. Enact a permanent ban fully prohibiting all marijuana facilities in the City of Hudson.
With over 500 responses received, 60.9% were in support of the permanent ban, while 39.1% were in support of letting the ban expire and permitting marijuana facilities within District 9.
The current temporary moratorium is set to expire on April 2, 2025. Staff is seeking direction on allowing the temporary ban to expire or establishing a permanent ban on marijuana facilities.
Timing Considerations
If Council desires to let the moratorium expire not additional action or timing is needed. If Council desires to establish a permanent ban, action must be taken prior to current expiration on April 2, 2025. Council may wish to extend the temporary ban another three months in March and then proceed with a separate legislation to adopt a permanent ban.
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
Appropriation Not Required.
Recommendation
Suggested Action
Staff recommends City Council provide applicable direction on allowing the temporary moratorium to expire or to establish a permanent ban.
Submitted by,
Thomas J. Sheridan, City Manager
Brian Griffith, Asst City Manager
Greg Hannan, Community Development Director