Label
AMEND TMC 1104.2300
ADD RECREATIONAL MARIJUANA
Title
Amending Toledo Municipal Code (TMC), Part Eleven, Subsection 1104.2300; Medical Marijuana Facilities; to add recreational Marijuana and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The current Zoning Code does not define or provide regulations for the use of recreational marijuana, formally referred to as "adult use cannabis" in section 3719.09 of the Ohio Revised Code. Given the state's recent legalization of recreational marijuana, in the passing of An Act to Control and Regulate Adult Use Cannabis, it is important to amend the City's zoning text to reflect this use category. The proposed text amendment provides clarity around how the City will define this use, where this use will be permitted, and what regulations the use will be subject to.
The current Zoning Code outlines regulations for medical marijuana in TMC?1104.2300. It states that Medical Marijuana Facilities shall not be located within 500 feet of uses established specifically for the activities of minors, and that Medical Marijuana Dispensaries shall not be located within 1,000 feet of another Dispensary. This section of code also specifies limitations around hours of operation for Medical Marijuana Dispensaries.
Staff reviewed zoning code in Columbus, Cincinnati, Cleveland, Dayton, and Akron, and found that none of these cities have made amendments for recreational marijuana in their code as of yet. In the absence of precedent, staff believes Toledo can blaze the trail in establishing code for this use. To account for recreational marijuana in the Zoning Code, staff proposes deleting the word "medical" before each mention of "marijuana" in the Code, thus creating an umbrella use category that encompasses both medical and recreational marijuana. Staff believes subjecting recreational marijuana to the same standards as medical marijuana will ensure the safety of Toledo residents and promote the highest and best use of ...
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