MOUNT VERNON — City Council members tackled recreational marijuana sales on Monday, giving a first reading to an ordinance banning sales within the city.
Recreational marijuana means marijuana that is cultivated, processed, dispensed, sold, possessed, or used for recreational purposes.
Law Director Rob Broeren said the state set up a fund from which the city might get some money if it had a dispensary. However, the sales tax on recreational sales goes to the state and the county.
“The city would get income tax from the workers as well as the business income tax from whatever business ran the dispensary,” he said.
Councilman James Mahan questioned the ordinance’s definition of “sale.” The ordinance states “to give, sell, or otherwise distribute recreational marijuana.
“That seems really broad,” he said, citing an example of someone buying cannabis and giving it to a spouse.
“I understand we need to have this conversation … but I am concerned about passing a law that catches people who are unintentionally violating the law by using general language.”
Broeren said it is the same language used regarding the illegal distribution of cigarettes. He added that the council could modify the term “give” to anyone under the age of 21 because anyone under age 21 cannot legally possess marijuana.
Mahan noted other cities have enacted moratoriums that would sunset vs. prohibiting sales.
“The goal for me is that we have lots of time to hear from the community on this issue,” Council member Amber Keener said. “I am not opposed to putting in a moratorium for a period of time to allow for more communication from the public.”
State Issue 2: Legalizing recreational marijuana sales
Fifty-five percent of Mount Vernon voters who voted on state Issue 2 in the November 2023 General Election supported it.
In addition to recreational sales, the law allows adults 21 and over to possess 2.5 ounces of cannabis. They also can grow up to six plants per individual or 12 plants per household at home.
The law also allows municipalities to opt out of sales.
According to The Ohio State University Moritz College of Law, 55 jurisdictions have enacted moratoriums as of June 13.
Nearby jurisdictions with moratoriums or bans include Bellville, Lexington, Ontario, Shelby, and Ashland.
Mansfield approved recreational sales on June 18. Newark council members are debating how many licenses to allow.
The Ohio Department of Commerce, through the Division of Cannabis Control, regulates marijuana sales. The DCC began accepting applications from dispensaries, cultivators, and growers on June 7.
In 2017, Mount Vernon City Council banned medical marijuana dispensaries from operating in the city.
Council members will discuss the recreational marijuana sales ordinance on July 8. Keener encouraged residents to provide comments to council members.
The ordinance includes an emergency measure clause to meet a July 11 deadline to enact the prohibition. However, Keener said she plans to take it to three readings.
