By JAN LARSON McLAUGHLIN
BG Independent News
Bowling Green City Council needed six votes Tuesday to enact a moratorium on medical marijuana growing and sales.
It got five.
So on Thursday, it will be legal for people to get zoning permits to sell medical marijuana in the city – with no state regulations on the growing, processing and retail sales.
The state legislature passed the medical marijuana bill earlier this year, making Ohio the 25th state to legalize marijuana use for medicinal purposes. State officials assured that regulations would be in place by the time the bill went into effect – which is this Thursday.
But as of Tuesday, there were still no standards set by the state. So several communities are enacting temporary moratoriums on medical marijuana cultivation, processing and retail dispensary facilities.
“We’ve been watching the state for weeks, waiting for some rules and regulations,” City Attorney Michael Marsh said. “There still aren’t any.”
So “rather than have a free-for-all,” Marsh presented legislation asking that council put a hold on medical marijuana sales in the city until the state sets regulations. But to have that in place by Thursday, when medical marijuana becomes legal, city council needed to give the resolution three readings on Tuesday evening. And that required support by six council members. Since Bob McOmber was absent from the meeting, that meant all the council members present had to support the three readings.
Five supported the moratorium, but one – Daniel Gordon – did not.
“I don’t feel comfortable rushing this through tonight,” Gordon said.
But some others on council saw it differently.
“I don’t want to rush through and put something in place with no regulations,” Scott Seeliger said of marijuana businesses. Seeliger said he was “sympathetic to people who could use it this week. But are we ready to handle this the right way?”
The topic evoked a lot of emotion from council members. Sandy Rowland said she recently lost a brother who might have benefitted from medical marijuana. “I just saw my loved one die about 10 days ago, and he would have been with us longer,” she said.
“It really hurt,” Rowland said. “It hurt to think that there are people who are suffering,” who won’t be able to access the drug if a moratorium is passed. She spoke of children who have up to 100 seizures a day, who can be helped with marijuana.
Bruce Jeffers shared that concern. “I will feel really bad if we set some impediments to people getting medical marijuana.” They will be able to access the drugs in communities without the moratorium, but that means asking sick people to travel to get their medicine.
Marsh said he understood those feelings, and said he is not opposed to medical marijuana. “I get that,” he said. “I don’t have anything against the intent.”
However, he cautioned that without any regulations in place, legalized marijuana sales are risky.
“All of us were caught by surprise that no rules were in the pipeline,” Marsh said of the state dropping the ball. “There are no rules. I know it’s stunning and it doesn’t make any sense. I’ve been doing this 29 years and I’ve never seen it.”
There is no quality control, no safety testing. “There isn’t anything,” he said. “We don’t allow just anybody to sell pharmaceuticals, or cigarettes or beer.”
Gordon mentioned the city of Hamilton which has banned medical marijuana entirely.
“That’s not what this is about,” Marsh said. Once the state comes up with rules, Bowling Green could lift its moratorium, he said.
But Gordon said he was not willing to add further burden on ill people who could benefit from medical marijuana.
Marsh said the city does not have qualified personnel to set regulations for growing, processing or selling pot. “We certainly don’t have the ability to do it in two days,” when the law goes into effect.
Council President Mike Aspacher noted Bowling Green applies rules to tattoo businesses, dance establishments and grocery stores. “I think it would be irresponsible,” to not do the same with marijuana, he said.
But Gordon said the greater error would be to deny the drug to people in need.
Citizen Frances Brent told council she found the proposed moratorium troubling. She spoke of her daughter, who breaks the law every time she gets medical marijuana in Ann Arbor, Michigan, to help with a medical condition.
“The legislation passed for a reason,” Brent said. “We’re not talking about heroin. We’re not talking about crack cocaine.”
But Marsh said all types of less potent drugs are regulated for quality at pharmacies.
“This is truly bizarre,” John Zanfardino said of the state not enacting regulations. But he said the proposed year-long moratorium was too long for him to support.
At the suggestion of city resident William Herald, council shortened the moratorium period to two months – in hopes that the shorter period could garner the six necessary votes.
But that was still too long for Gordon, whose negative vote kept the issue from proceeding to the second and third readings. It is unclear if the moratorium will be tried again once medical marijuana becomes legal on Thursday.
After the meeting, Marsh said communities across the state have been warned that businesses are prepared to set up shop to start marijuana sales as soon as the legalization goes into effect.
“We are of the understanding people are ready to move in across the state on Thursday,” Marsh said. “That’s the whole thing we’re afraid of. It isn’t the marijuana. It’s it being adulterated. We’re just afraid someone could be harmed.”
