Eaton bans retail cannabis cultivation, sales

EATON — During a Monday, July 15, meeting, Eaton City Council approved its amended ordinance banning the cultivation, processing and retail dispensing of marijuana in all zoning districts in the city.

“Going back to 2017, council discussed medical marijuana. At that time council asked for legislation to prohibit the cultivation, processing and retail of medical marijuana. Since that time, the state has approved the recreational use of marijuana. So council was asked for a moratorium,” City Manager Brad Collins introduced the legislation at a June meeting, and again Monday evening. “This ordinance amends our old ordinance to include adult-use cannabis.”

“This is just what other communities are doing,” Law Director Ryan Brunk noted. “We can only amend certain things with regards to recreational marijuana. One of those things of that law allowed was local control of zoning. That’s pretty much what this does. It doesn’t allow retail sales or growing of adult-use cannabis. Just as we didn’t allow growing or sales of medical marijuana.”

“We cannot prohibit the use or the growing in your own home, of up to 12 plants, if you have two people,” Brunk replied in response to a question from a resident in the audience.

“I spoke on this last month, fairly extensively, so I’ll try to keep this short,” Councilman Chris Carr noted. “I do have a statement that I’d like to make for the public. I know how the other council members feel about the topic, but as a councilman and concerned citizen I strongly oppose not only the existing ban on medical marijuana sales, but also this amendment to expand the ban to all adult use cannabis sales within our community. It is my opinion that such a ban represents a clear case of government overreach into consumer choice and the decision to prohibit cannabis sales disregards the support and demand for these products among residents who use them responsibly.

“If alcohol and tobacco both undeniably more dangerous drugs are recommended permitted to be sold here. Why are we making cannabis?” Carr continued. “A sweeping ban on cannabis sales should be considered a last resort rather than a first one reserved for when an overwhelming majority of citizens would benefit in some manner and only when deemed a necessity. Prohibition tends to drive the market underground, fostering illicit activities and bypassing regulatory oversight. This can exacerbate safety and public health concerns. Moreover, there has been a lack of substantial proposition for implementing such a ban. This amendment was not recommended by concerned citizens who came to council with a suggestion or proposal. I do not believe that we provide compelling evidence or rationale that outweighs the rights of individuals to access legal and regulated cannabis products. It is my opinion, in the absence of a coherent argument for the ban, it raises questions about its necessity and motivations behind it.”

“The election polls did show that the City of Eaton as a whole did vote against the bill. And I’ve had many people come up to me to make sure that we were not going to have storefronts and selling marijuana,” Mayor Matt Venable said.

Council held a second reading of, and approved the amended ordinance, 4-1 (Venable, Vice-Mayor Kirsch, Brad Moore, Jim Ball, yes; Carr, no.)

Reach Eddie Mowen Jr. at 937-683-4061 and follow on X @emowenjr.