ORANGE, Ohio — Village Council is undecided on whether to allow marijuana dispensaries in the village.
After much discussion on the topic Wednesday (Feb. 5), Council President Brent Silver made a motion to direct Law Director Stephen Byron to draft an ordinance prohibiting marijuana businesses in the village.
“The ordinance would come to us (on council) at some point, and it could be voted down if members of council feel that way,” Silver said.
Councilwoman Kim Ullner, who favors the prohibition, seconded the motion.
Council passed the motion 5-1, with Councilman Philip Madden casting the dissenting vote.
Madden noted that voters both statewide and in the village passed Issue 2 in November 2023 by a nearly 70 percent margin.
Issue 2 was an initiated statute to legalize recreational marijuana statewide. It took effect Dec. 7, 2023.
According to the Cuyahoga County Board of Elections, the issue passed with 66.7 percent of the vote overall in the county and by a 69.9 percent margin in Orange.
“So it seems clear what we should doing,” Madden said. “I don’t know how I could vote for a moratorium or a prohibition when the voters have said it’s fine.”
The statute does permit local authorities to ban or restrict marijuana sales in their communities.
On July 3, Orange Village Council passed a six-month moratorium on accepting for filing, reviewing and approving applications for marijuana sales and related activities in the village.
That moratorium expired Dec. 31.
The ordinance also prohibited the sale of marijuana in the village during that six-month period.
Council members said at that time that they wished to study and observe what regulations the state and local governments in the area plan to enact and what effects such regulations would have on local communities.
Council had approved its first six-month moratorium related to marijuana sales on Jan. 10, 2024, after Issue 2 was passed by Ohio voters.
During the moratorium periods, no one was permitted to apply for any building or zoning permit for a facility that would be used to sell marijuana in the village.
But with the expiration of the latest moratorium, Silver said Wednesday that it was time for council to revisit this topic.
“I think we’re past the point of (another) moratorium,” he said. “I think we should either do nothing and allow the potential for marijuana dispensaries in the village or we put a prohibition in place.”
Silver said council does have further guidance now on how the new law works in Ohio.
He said the state has granted a “finite number” of licenses for marijuana dispensaries.
“It’s not like we have companies beating down the door to enter Orange Village,” he said. “As far as I know, we haven’t had any.
“I think there are very limited places where a marijuana business could go in Orange Village.”
Silver said he spoke with representatives of Pinecrest, the mixed-use district off the Harvard Road exit of Interstate 271.
“They said they would not allow (a marijuana dispensary),” he said.
Silver noted that there is a marijuana dispensary in nearby Woodmere: AYR Dispensary on Chagrin Boulevard.
“Keep in mind if we do a prohibition on it, it would do nothing to prevent an Orange Village resident from going to the dispensary in Woodmere or anywhere else, buying what they want, taking it home and using it,” he said.
Vincent sees both sides
Silver, Councilwoman Staci Adelman Vincent and Councilman Ryan Bilsky all said they are “torn” on the issue.
“We hear news stories about cannabis poisoning, especially in children, on the rise and the ease of access to food, beverage and candy product look-alikes that has led to increasing accidental overdoses from cannabis-related toxicity,” Vincent said.
“But I’ve also heard, on the flip side, that the regulated dispensaries that are most directly affected by our moratorium meet and often exceed FDA standards and offer strict regulation.
“Yet concerns over safety still exist.”
Vincent told council she has spoken with Solon Mayor Ed Kraus and Woodmere Mayor Ben Holbert about marijuana dispensaries that either will open or have opened in their municipalities.
In November, Solon City Council approved Cleveland-based Greenleaf Apothecaries — which does business as The Botanist — to open that city’s first marijuana dispensary at 33113 Aurora Road.
“Although the Solon dispensary has not opened yet, Mayor Kraus noted that it will be heavily regulated by the state,” Vincent said.
Vincent said Holbert shared “wonderful insight” with her about Woodmere’s experience with AYR Dispensary.
“He noted that Woodmere’s experience with their dispensary has only been positive since their opening a year or so ago,” she said.
Vincent said Woodmere voters passed Issue 2 by a “whopping” 72.2 percent margin.
“Mayor Holbert noted that they have been excellent corporate neighbors, with no police calls there, and called the level of security in the facility remarkable,” she said.
“He said there is a steady stream of customers, but they come in, they make their purchases and they leave without issue.”
Vincent said Holbert did say there were some initial concerns from residents about the dispensary. But after a public hearing, at which Cleveland officials spoke about their experiences, those concerns subsided, she was told.
Vincent noted that her family has been personally affected by this issue.
“My husband was hit and had his car totaled by a driver who we were told was high and drinking,” she said. “The memory of that accident sends me spiraling.
“So, personally, I’m not a fan of marijuana use, and I am more than cautious.
“But I’ve also been a proponent of listening to the voters, and in the research I’ve done, I have only heard positive reviews about the dispensaries.”
Vincent added that while she’s “torn” about the concept, she wants to “fairly represent and honor the majority of our voters.”
“So with due diligence moving forward, and with crucial guidance from our police chief and police forces — and keeping an eye also on the potential revenue gain for the village and for public safety and law enforcement — I will support lifting the moratorium at this time and not reinstituting it and allowing it to go as is,” she said.
Vincent offered to invite a representative from an area marijuana dispensary or from the state pharmacy board to attend a council meeting to speak and answer questions about security protocols and how the programs are structured.
“It also has been recommended by the Woodmere mayor that we tour a dispensary or growing facility to see firsthand the rigorous security measures that are in place, along with the process from seed to final product,” she said.
Police Chief Michael Roberts said he has learned that there are currently 13 marijuana dispensaries in Cuyahoga County.
“We reached out to the police dispatch centers of eight of those jurisdictions and did a snapshot of what kind of calls for service they received in 2024,” he said.
“There was a fraud at one of the dispensaries of about $9,000. One or two had domestic trouble in a parking lot, and one of those was on the telephone.
“I saw nothing alarming out of any of these businesses that would be more than any other business in town.”
Ullner: ‘I think we should prohibit it’
Ullner said she is strongly against allowing marijuana dispensaries in the village.
“I don’t think that Orange Village needs pot,” she said. “I think that we should prohibit it.
“If people want it or need it, it is available in Woodmere.
“I think the availability for abuse, particularly with our youth, is high. I don’t think we need to contribute to that.”
Ullner noted that even though Issue 2 did pass statewide, she believes the ballot language was “very confusing to many people.”
“If we really want to consider it, at the very least I would say we ought to let the residents of Orange know that we’re considering it and have an opportunity where people are notified in advance to come to a meeting and let us as council know what they think,” she said.
“But it would take a heck of a lot for me to vote for anything other than a prohibition.”
Vincent asked if council could schedule a public meeting if the village receives an application for a dispensary.
“Is that something we could vote on at that time and allow and encourage residents to come in and talk about it?” she asked.
Acting Law Director Evan Hirsch, filling in for Byron, said he didn’t know if the timing would line up to allow that to happen.
“That’s where you really would have to figure it out,” he said. “Council certainly could act, but you’d have to have knowledge of the application.”
Ullner said marijuana is “not what it was 40 years ago.”
“It’s a lot stronger,” she said. “I don’t think that kids really understand it.
“My understanding is that the way it operates on youth’s brains is really detrimental. I will continue to vote no.”
Bilsky said it could be helpful to have a conversation with residents.
“I recognize the fact that it was voted in favor of by voters on a statewide basis and in our community, as well,” he said.
“That wouldn’t be a bad thing, to get more input from the community on the topic. I feel torn on the subject.”
Councilman Jeffrey Foster said he believes more information is always good, but added that he shares Madden’s concern about “changing the vote of the people.”
“So as long as it’s an informational type of thing, not trying to sway people, I’m amenable to that,” he said.
Silver said the question is, “Does Orange Village want to be known as a community that has a marijuana dispensary, or is that something we don’t want to be associated with?
“I don’t know the answer to that, and I’m torn both ways,” he said.
Councilwoman Lisa Perry did not attend the meeting.
“I think it’s important that we have a thorough vetting of this decision and allow for a robust engagement with the community to the extent that we can, to see how people feel about it,” Mayor Judson Kline said.
“I’m sure there are many on both sides of the discussion.
“And from that make a determination to either vote it up or vote it down or just let it slide.”
Read more from the Chagrin Solon Sun.
Orange Village Council is undecided on whether to allow marijuana dispensaries in the village. Read More
