Law Director

10/18/16

ORDINANCE NO. 16-O-97

AN ORDINANCE ADOPTING CHAPTER 721 OF THE CODIFIED
ORDINANCES OF THE CITY OF MENTOR, 2006, AS AMENDED,
PROHIBITING THE CULTIVATION, PROCESSING, AND/OR
RETAIL DISPENSING OF MEDICAL MARIHUANA.
WHEREAS, the recent enactment of Chapter 3796 of the Ohio Revised Code authorized
the cultivation, processing, and retail dispensing of medical marihuana in this state; and
WHEREAS, rules and standards for state licensing of medical marihuana cultivation,
processing, and retail dispensing are still in development; and
WHEREAS, there remains a federal prohibition on the cultivation, sale, and possession
of marihuana; and
WHEREAS, given the uncertainty surrounding the practical aspects of medical
marihuana cultivation, processing, and retail dispensing, inclusive of security and the effect on
property values adjacent to such establishments, in addition to its legal status under federal law,
the Council opines it necessary for the public peace, health, welfare, and safety to exercise its
powers conferred pursuant to the Ohio Constitution and expressly granted by Section 3796.29 of
the Ohio Revised Code to prohibit within the City the cultivation, processing, and/or retail
dispensing of medical marihuana.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
MENTOR, COUNTY OF LAKE, STATE OF OHIO:
SECTION 1. That the Codified Ordinances of the City of Mentor, 2006, as amended, be
and the same is hereby amended by the addition of Chapter 721 as hereinafter printed prohibiting
the cultivation, processing, and/or retail dispensing of medical marihuana.
721
721.01

MARIHUANA ESTABLISHMENTS
DEFINITION.
Marihuana is defined for the purposes of this chapter as

(a)"Marihuana" means all parts of a plant of the genus

cannabis, whether growing or not, the seeds of a plant of that type;
the resin extracted from a part of a plant of that type; and every
compound, manufacture, salt, derivative, mixture or preparation of
a plant of that type or of its seeds or resin. "Marihuana" does not
include the mature stalks of the plant, fiber produced from the
stalks, oils or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks, except the resin extracted from the mature

Law Director
10/18/16

stalks, fiber, oil or cake, or the sterilized seed of the plant that is
incapable of germination. (ORC 3719.01)
(b)"Marihuana" does not include hashish. (ORC 2925.01)

ORDINANCE NO. 16-O-97 Page 2 of 2

721.02

PROHIBITION.

The cultivation, processing, and/or retail dispensing of medical marihuana within

the City pursuant to Chapter 3796 of the Ohio Revised Code is and shall be prohibited.
721.03
This chapter does not apply to research related to marihuana conducted in
accordance with law by a state university, academic medical center, or private research and
development organization as part of a research protocol approved by an institutional
review board or equivalent entity.
SECTION 2. That it is found and determined that all formal actions of this Council
concerning and relating to the passage of this ordinance were adopted in an open meeting of this
Council and that, except as otherwise provided by Section 121.22 of the Ohio Revised Code, all
deliberations of this Council and of any of its committees that resulted in such formal action
were in meetings open to the public in compliance with all legal requirements.
SECTION 3. This ordinance shall take effect and be in force from and after its passage
at the earliest period allowed by law.

President of Council
PASSED: ___________________________
ATTEST: ___________________________
Clerk of Council