Delaware resolution would restrict cannabis businesses near schools, churches

Watch a previous NBC4 report on Ohio's recreational marijuana sales in the video player above.

DELAWARE, Ohio (WCMH) -- A proposal is advancing through Delaware to restrict the proximity of marijuana and vapor businesses "in relation to places and locations that youth frequent" within the city.

The Delaware Planning Commission voted 5-1 on Wednesday to recommend approval of a resolution that would prohibit establishments whose business "is the sale of tobacco or related products, vapor or vapor products, or cannabis" from being located within 500 feet of a school, church, library, playground or park. The proposal comes after voters in Ohio approved Issue 2 last November to legalize recreational marijuana.

"New state regulations are currently in effect regarding adult-use cannabis, so it is essential that the city address this specific use in a timely manner," said Sandra Pereira, Delaware director of planning and community development, in a memorandum to the commission. "It was determined by staff that this was also an opportunity to regulate additional adult uses as they proliferate the community and skirt existing regulations."

Delaware's measure would also ban two or more of these businesses from being located within a mile of each other if they are "of the same use," meaning a vape shop could not be within a mile of another a vape shop, but a cannabis dispensary could be near a vape shop. The proposal originally limited businesses from being located within two miles of each other, but the commission amended the proposal out of concern it would be too restrictive.

The resolution would also set restrictions for signage, like banning temporary signage of any kind, like a banner, yard sign or pennant, from being displayed on the business' property. Animated or flashing signs would be prohibited as well, while illuminated window signs would be limited to no more than two per business.

The proposal now heads to City Council for consideration, where it will receive an initial review on Monday followed by a hearing open for public comment on Sept. 23.

Delaware is advancing the measure as at least 56 Ohio municipalities or townships passed moratoriums prohibiting adult-use cannabis businesses. Like a majority of other states that have legalized recreational cannabis, Ohio allows local jurisdictions to enact ordinances to prohibit or limit the sale of marijuana within their boundaries.

A large number of the bans are set to be enacted for a period, rather than indefinitely. They commonly cite the need for time to review current ordinances and identify conflicting laws. Multiple municipalities indicated an intent to study current law and create recommendations once the final state rules for the recreational industry are adopted.

Ohio dispensaries got the green light to start selling recreational marijuana nearly a month ago, with the Ohio Division of Cannabis Control tracking non-medical cannabis sales on a weekly basis. As of earlier this week, the state had more than $44 million in recreational marijuana sales.