Cannabis Planning Needs Zoning

Council Chair Michael Heyeck during Tuesday’s marijuana work session

Westerville Weighs Cannabis Regulation Amid Statewide Legalization

The Westerville City Council held a non-voting work session Tuesday to discuss the legalization of adult-use cannabis following the approval of Ohio Issue 2, an initiative that legalized marijuana, and the law's impacts on the city. The council considered the city's approach to regulating or prohibiting marijuana cultivation, processing, and retail operations. Under the new legislation, local governments can implement restrictions, an option that many of Ohio's 2,300 municipalities have not yet acted on.

Westerville’s existing moratorium on recreational marijuana businesses, which was enacted to give the city time to assess its options, expires on January 7, 2025. As that date approaches, City Manager Monica Dupee and Law Director Andrew Winkel gave the council an overview of the law, its specific rules, and the sales regulations formulated by the Division of Cannabis Control (DCC). Dupee said possible actions include updating the zoning code to restrict where marijuana operations can occur or prohibiting them altogether.

A recent ruling by the DCC has temporarily stopped issuing marijuana dispensary licenses in Franklin, Cuyahoga, and Hamilton counties, which have the largest number of active dispensaries and applications for new dispensaries in the state. Most of Westerville is in Franklin County, with a small portion in Delaware County, which does not have the DCC restriction on licensing.

A map shown to the council shows the 500-foot boundaries around schools, churches, parks, and libraries where dispensaries are prohibited. The map indicates that only two small areas of the city can have dispensaries. The locations are marked in blue on the map below.

The areas at the bottom of the map near the South State and Schrock Road intersection are within Franklin County and unavailable for licensing under the DCC's latest ruling. The area at the top of the map near the Polaris Parkway/ Maxtown Road intersection with 3C Highway may be licensed in Delaware County.

While the state law cannot be overruled by local governments in terms of individual rights to possess and consume marijuana, cities do retain control over whether marijuana-related businesses can operate within their borders.

Westerville City Council Chair Michael Heyeck suggested that the city add to the zoning code regulations as the next step to allow dispensaries that sell medical and recreational marijuana. The proposed zoning code amendment is expected to be presented to the Planning Commission later this year. Public hearings will be held before any final decisions are made by early 2025.

Dupee and Winkel agreed to suggest zoning code language that would meet Issue 2 requirements while giving the city control over issuing local licenses.

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