8942-17 Extend Medical Marijuana Moratorium for 90 Days

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REFERRED TO THE PUBLIC SAFETY COMMITTEE 6/5/17. RESOLUTION NO. 8942 -17 BY: Anderson, Bullock, Litten, Marx, Nowlin, O'Leary, O'Malley. A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, to extend a moratorium on the granting of building per- mits or certificates of occupancy for any building, structure, use or change of use that would enable the cultivation, processing, or retail sale of medical marijuana for a period not to exceed 90 days from the effective date of this resolution, in order to allow Council and the Lakewood Planning Commission to review applicable Ohio statutes, criminal codes and the Lakewood Zoning Code relative to such use. WHEREAS, on June 8, 2016, the Ohio General Assembly has adopted and the Governor has signed into law 131 Sub. H.B. 523, which became effective September 8, 2016; and WHEREAS, 131 Sub. H.B. 523, among other things, permits patients in Ohio to use medical marijuana on the recommendation of physicians; creates state regulatory oversight of the cultivation, processing, retail sale, use and physician recommendation of medical marijuana; authorizes the legislative authority of a city to adopt regulations to prohibit or limit the number of retail medical marijuana dispensaries; and prohibits a cul- tivator, processor, retail dispensary or laboratory from being located or relocating within 500 feet of a school, church, public library, public playground or public park; and WHEREAS, with the adoption of Resolution 8878 -16, Council imposed a six - month moratorium in July 2016 on medical - marijuana - related activities in Lakewood, which moratorium was subsequently extended for a period of 90 days by Resolution 8916 -17 on March 20, 2017; and WHEREAS, the rules involving these various aspects of the new law continue to be proposed and written at the state level; and WHEREAS, as such, Council and the Planning Commission require additional time to undertake a review of all applicable codes statewide and within the city in order to formulate a local response to 131 Sub. H.B. 523; and WHEREAS, the Administration continues to research the potential impacts on medical marijuana facilities within the city as well as the availability of medical marijua- na to residents of the city, in an effort to properly advise Council and the Planning Com- mission; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact planning and zoning laws that are for