Marijuana Resolution 2024-30

EAST UNION TOWNSHIP

WAYNE COUNTY, OHIO

RESOLUTION 2024- 30

A RESOLUTION TO PROHIBIT ADULT-USE CANNABIS OPERATORS AND MEDICAL MARIJUANA CULTIVATORS, PROCESSORS, AND RETAIL DISPENSARIES WITHIN THE UNINCORPORATED AREAS OF EAST UNION TOWNSHIP

The Board of Township Trustees of East Union Township met on November 7, 2024, with the following members present:

            Jim Miller

            Daniel Hodge

            Joseph Rabatin

Trustee Jim Miller moved that the following resolution be adopted:

WHEREAS, on November 7, 2023, voters in Ohio approved State Issue 2, which enacts new Chapter 3780 of the Ohio Revised Code, effective thirty days from the date of the election; and

WHEREAS, Chapter 3780 authorizes and regulates recreational adult-use cannabis in the state of Ohio; and

WHEREAS, R.C. 3780.25 authorizes townships to prohibit or limit the number of adult-use cannabis operators (as defined in R.C. 3780.01) within the unincorporated areas of the township; and

WHEREAS, Medical marijuana is regulated in Ohio by Chapter 3796 of the Ohio Revised Code; and

WHEREAS, R.C. 3796.29 similarly authorizes townships to prohibit or limit the number of marijuana cultivators, processors, or retail dispensaries licensed under Chapter 3796 within the unincorporated areas of the township; and

WHEREAS, the East Union Board of Township Trustees finds it to be in the best interest of the Township to prohibit adult-use cannabis operators licensed under Chapter 3780 as well as marijuana cultivators, processors, or retail dispensaries licensed under Chapter 3796 within the unincorporated areas of the Township; and

NOW THEREFORE, BE IT RESOLVED, as follows: 

  1.  All terms used in this resolution shall be defined in the same manner as R.C. Chapter 3780, as it pertains to adult-use cannabis, and R.C. Chapter 3796, as it pertains to medical marijuana.  All terms used in this resolution but not defined in those chapters shall be construed, for purposes of this resolution, in a manner to be consistent with the use of such terms in both chapters.
  • Adult use cannabis operators as well as adult-use marijuana dispensaries, cultivators, and processors, are hereby prohibited from operating within the unincorporated areas of East Union Township, Wayne County. 
  • It is the intent of the East Union Board of Township Trustees to prohibit the operations described in Section 2 above to the maximum extent permitted by R.C. 3780.25, R.C. 3796.29, and any other applicable provisions of state law.  This resolution shall be construed in a manner that gives maximum effect to that intent.

IT IS FURTHER RESOLVED THAT, the East Union Board of Township Trustees finds and determines that all formal actions concerning and relating to the passage of this Resolution were taken in an open meeting of this Board and that all deliberations of this Board and of any of its committees that resulted in formal action were in meetings open to the public in compliance with all legal requirements, including 121.22 of the Ohio Revised Code.

VOTE RECORD:

Trustee            Joseph Rabatin seconded the Motion. The roll call being called upon the question of adoption of the Resolution by the Township Fiscal Officer, the vote proceeded as follows:

            Jim Miller                               Yes

            Joseph Rabatin                        Yes

            Daniel Hodge                          Yes

CERTIFICATION

This is to certify that this Resolution was duly adopted by the Board of Trustees and filed with the East Union Township Board of Trustees, this 7th day of November, 2024.

Valorie L. Lewis

Township Fiscal Officer