The following uses are hereby prohibited in all use districts:
(a) Cultivation, processing or dispensing marijuana for a medical purpose with the following definitions:
(1) Medical Marijuana. Marijuana that is cultivated, processed, dispensed, tested, possessed or used for a medical purpose.
(2) Cultivate. To grow, harvest, package and transport medical marijuana pursuant to Chapter 3976 of the Ohio Revised Code.
(3) Cultivator. An entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package, and transport medical marijuana as permitted under Chapter 3796 of the Ohio Revised Code.
(4) Dispense. The delivery of medical marijuana to a patient or the patient’s registered caregiver that is packaged in a suitable container appropriately labeled for subsequent administration to or use by a patient who has an active patient registration with the State of Ohio Board of Pharmacy, authorizing them to receive medical marijuana.
(5) Dispensary. An entity licensed pursuant to Sections 3796.04 and 3796.10 of the Ohio Revised Code and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.
(6) Plant-Only Processor. A cultivator that has received a license from the Ohio Department of Commerce for the limited purpose of packaging, selling and delivering finished plant material directly to a licensed dispensary for sale to a patient or caregiver.
(7) Processor. An entity that has been issued a certificate of operation by the Ohio Department of Commerce to manufacture medical marijuana products.
(8) Manufacture. The process of converting harvested plant marijuana into marijuana extract by physical or chemical means for use as an ingredient in a medical marijuana product.
(9) Medical Marijuana Product. A product that contains cannabinoids that has been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a registered patient, including but not limited to oils, tinctures, edibles, patches and other forms approved under division (A)(6) of Section 3796.06 of the Ohio Revised Code.
(10) Plant Material. The leaves, stems, buds and flowers of the marijuana plant, and does not include seedling, seeds, clones, stalks or roots of the plant or the weight of any non-marijuana ingredients combined with marijuana.
(Ord. 3935. Passed 12-20-17.)
(Ord. 3935. Passed 12-20-17.)
(b) Limited lodging with the following definitions and penalty:
(1) Limited lodging. The use of all or part of a dwelling unit, other than a private club, by rental for temporary occupancy for dwelling, sleeping, or lodging on the property, with or without the owner/proprietor present, during said use for no more than thirty (30) consecutive days by the same lodger. Limited lodging includes the arrangement of such rental by the Owner through a Booking Agent.
(3) Booking Agent. Any person or entity that facilitates reservations or collects payment for Limited Lodging accommodations on behalf of or for an owner. Merely publishing an advertisement for accommodation in a Dwelling Unit for Limited Lodging does not make the publisher a Booking Agent.
(4) Lodger. A person who is a renter of all or part of a Dwelling Unit and has mere use of the Dwelling Unit.
(5) Temporary occupancy. The accommodation of a Lodger conducted in a Dwelling Unit, the primary use of which is for household living and where the total accommodations of a Lodger provided is for no more than thirty (30) consecutive days.
(6) Owner. Owner means a titled Owner of a property who is in possession and control of the Dwelling Unit.
(7) Penalty. Any person who is the Owner of the Dwelling Unit knowingly permits Limited Lodging to occur or exist in said Dwelling Unit, shall, by each action or mission, be fined not more than five hundred dollars ($500.00). Each day during such act or omission is done, committed, omitted or continue, shall constitute a separate offense.
(Ord. 3993. Passed 11-20-18.)
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CODIFIED ORDINANCES OF BRATENAHL