32-17 Amend Code to Regulate Medical Marijuana

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Placed on first reading and referred to the Planning Com- mission and Committee of the Whole 9/5/2017. Second reading 9/18/2017. Returned to Council with favorable recommendation by the Planning Commission 9/7/2017. Please substitute for the original. ORDINANCE NO. 32-17 BY:Anderson, Bullock, Litten, Marx, Nowlin, O'Leary, O'Malley. AN ORDINANCE to take effect at the earliest period allowed by law, amending various sections and enacting new chapters of the Codified Ordinances of the City of Lakewood in order to regulate medical marijuana cultivators, processors and dispensaries in the City. WHEREAS, on September 8, 2016, Ohio House Bill 523 (codified in Ohio Revised Code Chapter 3796) took effect, codifying a statewide medical marijuana control program under which licensed medical marijuana cultivators, processors, dispensaries and testing laboratories could legally operate within the state; and WHEREAS, the City has the power to regulate and license medical marijuana entities pursuant to Ohio Revised Code Chapter 3796 and pursuant to its exercise of police powers in furtherance of the health, safety and general welfare of the residents of the City; and WHEREAS, this Council has determined that medical marijuana dispensaries should be able to locate within the City so that residents may access this form of medical relief in order to reduce or eliminate pain and suffering caused by the severe medical conditions identified by the Ohio legislature as qualifying for medical marijuana treatment; and WHEREAS, this Council has determined that the business and zoning regulations set forth herein shall ensure the safe and secure operation of medical marijuana entities within the City. WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, this Council by a vote of at least five of its members determines that this or- dinance is an emergency measure and that it shall take effect immediately, as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that the state medical marijuana con- trol program is currently underway; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: