Pubdate: Tue, 14 Jun 2016
Source: Journal-News (Hamilton, OH)
Copyright: 2016 Cox Ohio Publishing
Contact:   http://www.journal-news.com/
Details: http://www.mapinc.org/media/915
Author: Michael D. Pitman

LAWYER QUESTIONS HAMILTON POT LAW

Medical Marijuana Ban Now Appears to Conflict With State Law

HAMILTON - Hamilton City Council voted 5-1 last year to effectively 
ban in the city the sale of medical marijuana through its zoning 
codes, and Cincinnati attorney Mike Allen said it may have a legal 
issue since it will soon be legal in Ohio to prescribe medical 
marijuana in limited forms.

The bill signed by Ohio Gov. John Kasich last week won't allow 
marijuana to be smoked or grown at home, but would allow for it to be 
prescribed in alternative forms, such as patches, vapors and edibles.

At the beginning of 2015, the city of Hamilton had debated the issue 
of the marijuana ban, mainly as a preemptive strike against the 
citizen-led push to legalize marijuana in Ohio. That initiative 
eventually failed on the November 2015 ballot, but the Hamilton 
zoning ordinance is still on the books.

A municipal ordinance cannot conflict with state law, Allen said, 
unless that municipality is a home rule city - which affords cities 
more flexibility in establishing laws. Given the fact that Hamilton 
is a home rule city, "it gets a little bit dicier," said Allen. "It 
will end up being a court battle."

"I think it's problematic," he said. "I think the city of Hamilton 
will be hard pressed to justify banning the sale of all medical 
marijuana on a zoning basis."

Hamilton Mayor Pat Moeller said the issue hasn't yet been discussed 
by council because the bill was signed by Kasich less than a week 
ago, and won't take effect until Sept. 6.

Moeller, who is an attorney, said he hasn't fully read the new law.

"We're still learning about the regulations," Moeller said. "We'll 
have to take a look at it and go from there."

And as everyone is still learning about it, Allen said, "It will take 
some time for Ohio to become used to the new law. It's going to be 
like anything else when there's a new statute."

It's likely any other community would enact a similar ban because of 
the potential legal battle that could arise, Allen said.

One local township trustee said if a similar ban is proposed, he'd oppose it.

West Chester Twp. Trustee George Lang said the issue "hasn't even 
showed up on the radar screen." But if it did, he told this news 
outlet that he wouldn't fight against it.

"I'm in favor of medical marijuana," Lang said.

"There is some good that can be done," the longtime trustee said, 
referring to the medicinal benefits of marijuana. "I don't have a 
problem with medically based marijuana. It's certainly no worse that 
the opiates that are being prescribed and abused."
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MAP posted-by: Jay Bergstrom