COLUMBUS, Ohio -- One of the biggest medical marijuana supporters at the Ohio Statehouse is asking local governments to take a breath before banning or restricting marijuana businesses.
In an open letter, Sen. Kenny Yuko acknowledged the concerns communities have about Ohio's new medical marijuana law but reminded them it will be months or even years before businesses will be growing or selling marijuana.
The Richmond Heights Democrat issued the letter on Wednesday, the day before Ohio's medical marijuana took effect.
A handful of Ohio communities have banned marijuana cultivators, processors and dispensaries and dozens more have enacted temporary bans of six months or longer. Leaders in those communities say they need more time to study the law and decide if they want to impose further regulations on marijuana businesses.
But licenses are unlikely to be issued in the next six months. Three state regulatory agencies have until May to finish the rules and regulations for cultivators and until next September for all other businesses.
"I understand the urge to act, but keep an open mind," Yuko wrote. "Please consider all the good that this medicine can do for the citizens of your communities."
Yuko said medical marijuana entrepreneurs live in urban and rural areas and urged local leaders to consider the economic opportunities for their residents. He encouraged communities to seek public comment before enacting marijuana regulations.
Ohio's medical marijuana law allows people with about 20 medical conditions to buy and use marijuana if recommended by a doctor. The law prohibits smoking but allows vaping. The law does not allow people to grow their own.
Dispensaries won't likely open for a year or two as state regulators work through many of the details, including how many business licenses will be available and how people will apply to get them. Yuko wrote that local governments will have plenty of time to act once the rules are written.
Until then, some patients will be able to assert an "affirmative defense" against prosecution for possessing marijuana and paraphernalia that would be legal under the law, if a doctor signs off.
Local governments cannot ban medical marijuana use. They cannot ban or limit marijuana research conducted at a state university, academic medical center or private research and development
organization.
But cities can regulate marijuana businesses in three ways:
- Limit the number of cultivators, processors or retail dispensaries licensed within the municipal corporation or unincorporated territory of the township.
- Prohibit cultivators, processors or retail dispensaries.
- Regulate the location of cultivators, processors or retail dispensaries through zoning boards.
A few communities have rejected bans, saying such a move would be premature. At least one Ohio community has said it would welcome medical marijuana businesses.
Mobile readers, click here to read Yuko's letter.