Oct 20, 2024
Legislation for adult use cannabis will be on the agenda on first reading at the next Wickliffe City Council meeting. That session is scheduled to take place at 7 p.m. Oct. 28 at City Hall, 28730 Ridge Road. Earlier this month, the Wickliffe Committee of Council recommended to all City Council members that they allow a maximum of one non-medical adult use cannabis dispensary in the city. At that meeting, the committee directed the law director to create legislation allowing one adult use dispensary. Kate Ols, executive vice president of revenue at The Botanist, informed the committee about the mission of Acreage, her parent company. Acreage currently has locations in 10 states, including nine cultivation and processing facilities, as well as 250 dispensaries. Additionally, The Botanist has five locations in Ohio, which include Akron, Canton, Cleveland, Columbus and Wickliffe. The Wickliffe location was established in 2019 at 30133 Euclid Ave. Non-medical, or adult use, sales began back in August. The Botanist currently has a conditional use permit for the sale of medical marijuana at their facility, said Councilperson Randy Gerhardstein. Law Director Jeremy Iosue noted they did not reapply to the Planning Commission for the change in their permit to include the adult use, or recreational, in addition to the medical permit they already have. Iosue said they may not have to do so, which led to the committee meeting for further discussion. Wickliffe still has an option to deny the recreational use, Iosue said. They are currently selling to recreational customers and, by current state law, are allowed to do so. However, Wickliffe can still decide to prohibit this and was the topic of discussion so council could make an informed decision about that they would like to do. “There are state regulations,” Council President Edward Levon said. “There is currently a medical dispensary that would also like to transfer to adult use and another interested party that came to the mayor and law director regarding potentially acquiring a license. The discussion resulted in the committee agreeing that only one license would be permitted.” Levon noted the committee decided they would allow one and that adding another could be discussed at a later date. Iosue noted state law allows medical licenses and also allows municipalities to determine if they would like to prohibit sales or limit the number of dispensaries. The committee ultimately decided to limit the number of dispensaries to one in hopes of passing the legislation without numerous amendments. “Hypothetically, if council decided to allow two on Euclid Avenue, it gets tricky since state regulations would not allow two to be across the street from each other,” said Mayor Joe Sakacs. “The building across the street from Casa di Vino was purchased approximately two years ago with the intent of opening as a dispensary if recreational licenses became available.” Sakacs said if council were to allow another dispensary, they would have to proceed with the first-come, first-serve as they did with the entertainment cafes, and it would go to the business who purchased the building with this intent. According to Sakacs, the other business across from Casa di Vino was not interested in a medical use license. “Municipalities are allowed to regulate by prohibiting it or allowing a certain number,” Iosue said. “Once the municipality decides on one of these choices, if it is to limit the number, they must comply with the state law, which will legally determine where the establishments can be located.” Josie Milicic, owner of Casa di Vino, 28932 Euclid Ave., said she reached out to the city back in June this year before applying for any licensing. The other establishment across the street had also not applied, she said. Sakacs said the other business purchased the building with the intent to become a dispensary years ago. He noted they would have to follow state regulations, as well as come to the legislative body for approval. “There are many gates in the process,” Sakacs said. Iosue noted that part of the reasoning behind the timing was waiting on the state since the vote was passed by referendum. “The official licenses were not allowed until last month,” he said. “Prior to that, there was no official demarcation.” Iosue also said he believes it is a state regulation that two dispensaries are not allowed across the street from each other.
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