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DocuSign Envelope ID: 27CE1015-8397-4CCE-9DD9-31 F514ECBED3
<br />Resolution No. 2 02 3- 64 By: Baker, Bullock, Litten, Marx,
<br />Rader, Shachner
<br />A RESOLUTION imposing an immediate moratorium on the issuance and processing of
<br />permits allowing retail dispensaries, cultivators, or processors of adult use marijuana within the
<br />City of Lakewood, Ohio.
<br />WHEREAS, Ohio voters approved State Issue 2 on November 7, 2023 adopting proposed
<br />legislation authorizing the cultivation, sale and use of marijuana products for recreational
<br />purposes; and,
<br />WHEREAS, pursuant to the operation of Article II, Section lb of the Ohio Constitution,
<br />the proposed legislation now approved by Ohio voters will automatically be incorporated into the
<br />Ohio Revised Code as Sections 3780.01 through 3780.99 and become effective on December 7,
<br />2023 with no further action required by the Ohio General Assembly (the "Act"); and,
<br />WHEREAS, upon the passage of Issue 2, members of the Ohio General Assembly have
<br />already expressed an intention to amend the Act but have not yet clarified whether the Act will be
<br />repealed, modified, or materially altered; and,
<br />WHEREAS, Section 3780.03 of the Act provides that a newly created "Division of
<br />Cannabis" shall adopt rules establishing standards and procedures for the implementation of the
<br />adult use marijuana program, including licensing requirements for cultivators, processors, and
<br />retailers; and
<br />WHEREAS, the Act, as currently constituted, provides the Division of Cannabis a period
<br />of nine months after December 7, 2023 to implement rules and regulations regarding the adult use
<br />marijuana program; and
<br />WHEREAS, Council and the Mayor intend to adopt legislation that provides for the orderly
<br />implementation of adult use cannabis in the City consistent with State laws and regulations; and
<br />WHEREAS, pursuant to the Ohio Constitution and local ordinances, City Council
<br />possesses the inherent power to enact appropriate planning, zoning, and business regulation laws
<br />that further the health, safety, welfare, comfort and peace of its citizens, including restricting,
<br />prohibiting and/or regulating certain business uses; and
<br />WHEREAS, at least until such time as regulations are adopted, the amendments to the Act
<br />are adopted and the City has had an opportunity to study the foregoing, Council has determined it
<br />to be in the best interests of the community health, safety, and welfare to impose an immediate
<br />moratorium on any cultivation, processing, or retail dispensing of marijuana for adult use business
<br />purposes in any form within the City of Lakewood, except as required by the Act; now, therefore
<br />Be it Resolved by the City Of Lakewood, Ohio:
<br />Section 1: Except as required by the Act, the Mayor and Council hereby impose an
<br />immediate moratorium on the issuance and processing of any permits for cultivators, processors,
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