Kettering enacts 9-month halt on marijuana businesses after voters pass Issue 2

Nov. 29—The cultivation, processing and retail sale of recreational marijuana won't be occurring in Kettering anytime soon.

Kettering City Council voted 5-1 Tuesday to enact a 9-month moratorium on adult-use cannabis operators locating or operating in Kettering effective immediately. Also on hold will be the issuance and processing of any permits or authorizations related to adult-use cannabis operators in the city.

"The purpose of this moratorium is to allow City Council and staff time to study State Issue 2 and the potential benefits and consequences of allowing, limiting, or prohibiting adult use cannabis operators within city limits and to prepare any necessary changes to the city's codified ordinances," according to the resolution.

The moratorium also "will help ensure the public peace, health, safety, and welfare," the resolution says.

Council member Jyl Hall voted against the moratorium, while Bruce Duke was not present at the meeting.

Nearly three weeks ago, on Nov. 7, Ohioans voted to legalize the growing, processing, selling and use of recreational marijuana, making the Buckeye State the 24th state to do so. Nearly 57% of Ohioans approved state Issue 2, and the law takes effect on Dec. 7, which allows adults 21 and over to legally possess up to 2.5 ounces of marijuana, as well as use and grow up to six plants per person and 12 per household.

This is an expansion of Ohio's marijuana laws as the state legislature approved the use of medical marijuana in 2016.

"This piece of legislation is an emergency ordinance," said Kettering Law Director Ted Hamer said during Tuesday's meeting. "It's an emergency so that it can go into effect prior to the effective date of state Issue 2."

Issue 2 does allow Kettering City Council, or any other legislative body, to ban or limit license holders from operating, which mirrors a legislative body's options for medical marijuana. However, according to the new law, no local legislative body can prohibit laboratory research related to marijuana, including at a state university, academic medical center, or private research and development organization.

With the new law, local governments also cannot prohibit home-grown marijuana or levy any tax, fee, or charge on adult-use operators of cannabis.

Kettering's moratorium arrives a little more than a week after Centerville City Council voted to approve a moratorium for nine months and Washington Twp. approved a 360-day moratorium.

Reporting by Staff Writer Michael D. Pitman was included in this report.