Recreational marijuana businesses temporarily banned in Delaware

DELAWARE, Ohio (WCMH) -- Delaware is temporarily banning recreational marijuana businesses from operating within the city.

City council voted 5-2 on Sept. 9 to immediately enact a moratorium prohibiting "adult-use cannabis operators" from operating within city limits for six months. Councilmembers stressed the temporary ban will give Delaware officials time to evaluate how they want to regulate marijuana businesses, given voters in Ohio approved Issue 2 last November to legalize recreational cannabis.

"In case there is any misunderstanding from the public, we're not prohibiting [adult-use cannabis]. We're not trying to stop this. We understand the vote by the people," said councilmember Kevin Rider, who voted against the moratorium, during the meeting. "We're not trying to go against state law in any regard. We're trying to apply it with the best consideration for our residents."

The moratorium emphasizes that it only affects businesses, and will not impact adult users consuming in their homes. While council could repeal the moratorium any time before the six-month expiration date, some members were hesitant.

"I personally don't find it necessary for us to establish some kind of additional stipulation," said councilmember Cory Hoffman, who ended up voting in favor. "I don't think we need any moratorium at this point. The state of Ohio is granting licenses, so OK, come do business in Delaware. That's the way I feel."

However, Vice Mayor Kent Shafer disagreed and reiterated that the moratorium will provide the city time to debate how recreational marijuana businesses should appropriately operate in Delaware.

"There are some community standards at stake that we need to consider," Shafer said. "Certainly, we're not talking about prohibiting these, but to decide if we want to have additional limits. I, at least, think that's a discussion worth having."

The moratorium's approval comes ahead of a public hearing this week on a separate ordinance that would prohibit Delaware establishments whose business "is the sale of tobacco or related products, vapor or vapor products, or cannabis" from being located within 500 feet of a school, church, library, playground or park.

The measure would also ban two or more of these businesses from being located within a mile of each other if they are "of the same use," meaning a vape shop could not be within a mile of another a vape shop, but a cannabis dispensary could be near a vape shop. The proposal originally limited businesses from being located within two miles of each other, but the commission amended the proposal out of concern it would be too restrictive.

The resolution would also set restrictions for signage, like banning temporary signage of any kind, like a banner, yard sign or pennant, from being displayed on the business' property. Animated or flashing signs would be prohibited as well, while illuminated window signs would be limited to no more than two per business.

At least 56 other Ohio municipalities or townships passed moratoriums prohibiting adult-use cannabis businesses. Like a majority of other states that have legalized recreational cannabis, Ohio allows local jurisdictions to enact ordinances to prohibit or limit the sale of marijuana within their boundaries.

Like in Delaware, a large number of the bans are set to be enacted for a period, rather than indefinitely. They commonly cite the need for time to review current ordinances and identify conflicting laws. Multiple municipalities indicated an intent to study current law and create recommendations once the final state rules for the recreational industry are adopted.

Ohio dispensaries got the green light to start selling recreational marijuana in August, with the Ohio Division of Cannabis Control tracking non-medical cannabis sales on a weekly basis. As of last week, the state had more than $44 million in recreational marijuana sales.