Dayton Daily News

Federal law cited in Miamisburg’s medical pot ban

Officials: Too many ‘unknowns’ in growing, selling marijuana.

- By Nick Blizzard Staff Writer

The unanimous MIAMISBURG — vote by Miamisburg City Council approving a medical marijuana ban would have been more lopsided if the city’s top elected official could vote on legislatio­n.

“If the mayor could vote,” said Dick Church, Jr., longtime holder of that office, “he would have said yes also.”

Council’s 7-0 adoption of legislatio­n Tuesday night to “prohibit cultivator­s, processors or retail dispensari­es” of medical marijuana cited federal guidelines as a key factor.

Ohio last year legalized the drug for medical use. But Miamisburg’s legislatio­n, which takes immediate effect, indicates medical marijuana “remains classified as a Schedule I controlled substance” under federal guidelines.

“The consequenc­e of continued prohibitio­n of marijuana by the federal government is that financial service providers such as banks and credit card companies are unable to do business with marijuana enterprise­s” because it remains illegal under federal law, the legislatio­n approved by Miamisburg states.

Council’s decision means

Miamisburg joins other area communitie­s such as Oakwood, Huber Heights and Butler Twp. in rejecting the issue.

Some communitie­s — Riverside, German Township, Dayton, Yellow Springs, Mad River Township, Monroe and Carlisle among them — have allowed proposals for cultivatio­n sites to move forward.

Other communitie­s, including Miami Township, Moraine and West Carrollton, have moratorium­s in place but have not taken any on long-term action.

With Miamisburg’s second moratorium on medical marijuana set to expire next month, council opted for the ban “since there (are) still a lot of unknowns” with federal guidelines, said Miamisburg Planner Ryan Homsi.

“They felt it would be more prudent to just prohibit the cultivatio­n process and the retail dispensing,” he said.

Medical marijuana is permitted inside the city if it is obtained legally, Homsi said.

But violators of Miamisburg’s law will face a third-degree misdemeano­r charge and “each day such violation continues shall constitute a separate offense,” according to the legislatio­n.

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