Fairborn may tighten marijuana regulations as dispensary seeks to open there

Public hearing on proposed changes happens Dec. 1.
Young cannibus plants grow hydroponically at Pure Ohio Wellness Monday, Dec. 4, 2023. BILL LACKEY/STAFF

Young cannibus plants grow hydroponically at Pure Ohio Wellness Monday, Dec. 4, 2023. BILL LACKEY/STAFF

The city of Fairborn may tighten its marijuana dispensary regulations in early December, even as a dispensary company seeks to open a location there.

The city has proposed zoning changes to prohibit any potential dispensary from opening in a commercial district, instead mandating that dispensaries must be located in “light industrial” locations.

This would mean the dispensary would likely have to be located near the intersection of Sports Street and Yellow Springs Fairfield Road, or near the intersection of Broad Street and Spangler Road, close to the Clark County line.

“Because this land use carries a degree of public sensitivity, we determined the Light Industrial zoning district affords the most appropriate locations,” said Emily Gay, Communications Manager for the city.

A public hearing on the proposed changes is scheduled for Dec. 1.

Like many local cities, Fairborn City Council has enacted a series of moratoriums on marijuana dispensaries, the most recent of which was passed in September and will expire at the end of this year.

Also in September, the city council adopted legislation permitting only one dispensary within the city limits.

That dispensary is RISE Cannabis, the retail arm of Chicago-based Green Thumb Industries. Green Thumb has been operating in Ohio since 2019.

In a letter submitted to the city, lawyers for Green Thumb said that their product, approved by Ohio voters in Issue 2 in 2023, is being pushed into the outskirts,

“...the Light Industrial Zoning District puts GTI at a competitive disadvantage and makes it more inconvenient for consumers, many of whom have chronic medical conditions, to buy a legal product,” lawyers wrote. “It also ignores the reality that stores sell unregulated, unlicensed, and untested hemp-derived THC products in Fairborn commercial districts.”

In a statement emailed to this newspaper, a spokesperson for the company said “It’s unfortunate that the city’s proposed zoning ordinance would rezone dispensaries to operate only within light industrial zones. These areas significantly limit accessibility for patients and customers who rely on cannabis products for their well-being.”

The city also settled on “light industrial” zoning because those sites tend to be far from neighborhoods, away from sensitive areas such as schools, churches, places of worship, and the sites make it easier for the city to police parking, circulation, security, and odor control, she said.

“Fairborn believes its approach will ensure the city remains compliant with state mandates, minimizes the impact of a marijuana dispensary on residential and sensitive uses, provides clear guidance and procedures for any licensed marijuana dispensary that wants to locate here, and also makes it easier for the city to make sure its regulations are followed and fairly enforced,” Gay said.

“We are excited about the potential of operating one of our best-in-class dispensaries in Fairborn. We are hopeful that the City Council will allow for a dispensary in a more accessible, appropriate, and sustainable location,” the company spokesperson said.

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