The city of Elsmere passed a resolution to put the medical cannabis question on the ballot during its July 9 city council meeting.
The council unanimously voted to approve the resolution, following discussions at the July 2 caucus meeting that favored the ballot option for whether to allow medical cannabis businesses to operate within Elsmere city limits.
Elsmere residents will be able to determine the final outcome via referendum vote during the November general elections. The question will be: “Are you in favor of the sale of medical cannabis at licensed dispensaries and the operation of other cannabis business in the city of Elsmere?”
Medical cannabis will be legal in the state effective Jan. 1, 2025. Each individual city is responsible for creating the zoning regulations to make way or not allow those types of businesses to operate; however, if cities did not have regulations in place by June 30, the state could begin issuing licenses, and if those businesses start operations, they will be grandfathered against any future regulation.
In anticipation of this, the city council also drafted an ordinance during its July 2 meeting prohibiting all cannabis business operations in Elsmere, including cultivation, processing, and dispensing, until Jan. 1.
Elsmere will have a window from July 1 to Jan. 1 to repeal the prohibition in accordance with public opinion, according to City Attorney Greg Voss. Cannabis business operators will not be grandfathered or exempt under the preemptive decision, in the event that Elsmere residents do not approve of medical cannabis licensing.