Pubdate: Sat, 21 Feb 2015
Source: Dayton Daily News (OH)
Copyright: 2015 Dayton Daily News
Contact: http://drugsense.org/url/7JXk4H3l
Website: http://www.daytondailynews.com/
Details: http://www.mapinc.org/media/120
Author: Ed Richter

MIDDLETOWN EXPLORES OPTIONS TO STOP MARIJUANA SITE

Growing Facility One of 10 Linked to Ballot Initiative.

MIDDLETOWN - A day after Moraine was removed from the list of 
potential sites for a 100,000square-foot indoor marijuana growing 
facility, Middletown city officials said they are still exploring all 
options to stop one from going there, too.

City officials were taken by surprise when ResponsibleOhio announced 
that Middletown would be one of 10 sites across Ohio for proposed 
indoor marijuana growing facilities. ResponsibleOhio is the group 
backing a constitutional amendment to legalize marijuana for 
medicinal and recreational use in Ohio.

The proposed Middletown site, owned by Trenton-based Magnode Corp., 
is on two parcels, totaling more than 40 acres, off of Yankee and 
Todhunter roads. The land was purchased from the seller by a third 
party that did not indicate what the land might be used for.

Moraine officials, who were not happy once they learned about the 
proposed pot factory there, sought state help in getting its site 
removed from the grow list. City officials argued that the Moraine 
site would violate ResponsibleOhio's own criteria that marijuana 
facilities be at least 1,000 feet away from churches, schools or 
playgrounds. There is a church less than 1,000 feet from the Moraine 
site, city officials said.

Middletown City Manager Doug Adkins said it might take some time for 
city officials "to fully evaluate" the situation.

"We are looking at the ballot language and other documentation that 
might be available to see where we might have options to explore," 
Adkins said Friday.

Law Director Les Landen said he is continuing to research what the 
city can or cannot do. He said he wants to make sure there is some 
legal basis for any actions the city might take.

"We were clearly disappointed when this got dropped on us," Landen 
said. "After we decide what we can do, we then need to decide what 
makes the best sense to us."

Landen said Middletown is looking at possible legal options, 
reviewing the proposed ballot language, reviewing the land purchase 
contract between the buyer and seller, what could be done through the 
city zoning code, and what other recourse the city might have if the 
proposed constitutional amendment makes the ballot and is approved by voters.

Middletown Mayor Lawrence Mulligan said the city's hands are somewhat 
tied because the constitutional amendment process is underway. He 
said the constitutional process was how the racinos were established in Ohio.

"I am curious to see how the other sites will approach this," Mulligan said.

On Thursday, the ResponsibleOhio organization announced that it would 
substitute a proposed indoor marijuana growing facility on 50.8 acres 
in the Moraine Commerce Park for a site in Delaware County, north of Columbus.

Moraine City Manager David Hicks said Thursday that ResponsibleOhio's 
decision was no surprise. He noted the group "created a negative 
relationship out of the gate" by not disclosing its product or intentions.

ResponsibleOhio, which is backed by deeppocketed investors and a team 
of political veterans, is seeking to put a constitutional amendment 
on the November ballot that would ask voters to legalize marijuana 
for recreational and medicinal purposes. The campaign identified 10 
locations for indoor growing facilities, including sites in 
Middletown and Moraine, but ResponsibleOhio released new ballot 
language Thursday that drops Moraine. The group's effort would have 
to go through several steps to get on the November statewide ballot.
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MAP posted-by: Jay Bergstrom