(a) Legislative Purpose. Although medical marijuana is in some respects legal under applicable state law, it remains illegal under federal law. The purpose of this Section is to prohibit the use of real property in the City for a medical marijuana-related business or home occupation. This section is expressly adopted as an exercise of the City’s power of local self-government and Home Rule authority pursuant to Section 3, Article XVIII of the Constitution of the State of Ohio, and pursuant to the provisions of Ohio Revised Code Section 3796.29.
(b) Definitions. The following definitions shall apply for all purposes under the Zoning Code:
(1) “Marijuana” means marihuana as defined in Ohio R.C. 3719.01.
(2) “Medical marijuana” means marijuana that is cultivated, processed, dispensed, tested, possessed, or used, for a medical purpose, regardless of whether such marijuana is, or is not, in a form or intended for incorporation into a form permitted under Ohio R.C. 3796.06.
(3) “Medical marijuana-related business or home occupation” means a business or home occupation use, involving in whole or in part, the cultivation, processing, distribution, and/or wholesale or retail sale of medical marijuana on the premises. This definition shall specifically include, but is not limited to, dispensaries of medical marijuana; facilities for the cultivation, packing, transportation, processing, storage, and/or sale of medical marijuana; and bakeries or kitchens producing edible forms of medical marijuana or products containing the same.
(c) Prohibition. No medical marijuana-related business or home occupation may be established, operated, or maintained within the City, nor shall any provision of the Zoning Code be construed to permit the use of any property for that purpose. This prohibition shall apply to all zoning districts within the City.
(d) Severability. In the event that any portion of this section shall be declared invalid or unenforceable for any reason by a court of competent jurisdiction, that portion shall be considered severable and the remainder of this section remain in full force and effect.
(Ord. 2017-18. Passed 12-27-17.)