Shelby approves marijuana ban as councilman unsure where he stands

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SHELBY– Two ordinances prohibiting the cultivation, processing, and dispensing of marijuana for medical purposes inside city limits easily passed by a 4-1 margin at the January 7th Shelby City Council meeting.

The lone dissenter, Third Ward Councilman Garland Gates, was originally one of the five sponsors supporting the two measures. Gates voted in favor of the proposed ordinances the first two readings of the ordinances. Then after the third reading on January 7th, Gates opposed both bills.

In an interview with WMFD-TV, Gates stated that he had received an email from Law Director Gordon Eyster saying that doctors, nurses, the Ohio Health Shelby Hospital and pharmacists inside the city could be “criminally liable under this ordinance.”

“I objected vociferously and requested my name be stricken as a sponsor” Gates said. “My protestations fell on deaf ears. My colleagues for, quite honestly, unfounded reasons, went ahead and passed the ordinance. There was an outside group that came into Shelby last year and was pushing for this ordinance,” Gates recalled.

Benjamin Mutti, a local advocate for the prohibition of marijuana and Coordinator with the Richland Community Prayer Network, lobbied Shelby City Council at a June 18th 2018 meeting. He believes Councilman Gates’ concerns are unfounded.

In a prepared statement to Frontlines Ohio, Mutti wrote: “According to Chapter 4731.30 of the Ohio Revised Code, the Ohio State Medical Board specially licenses physicians to prescribe marijuana. With that being said, doctors do not cultivate, process, or dispense cannabis-they can only prescribe. Furthermore, hospitals and nurses are not authorized entities that can prescribe marijuana, only specially licensed physicians.”

“If Mr. Gates read the clergy letter that was presented to him during my public comment on June 18th 2018, he would find that ten of those “outside” signatories have churches located inside the Shelby zip code area. Another pastor from Shiloh endorsed the letter, Reverend Kevin Evans; he happens to be the President of the Shelby Ministerial Association.”

Benjamin Mutti

In Gates’ opinion, several entities and individuals who did not represent the interests of the City of Shelby prompted the creation of the ordinances. In previous city council meetings, various presentations and public comments were heard from concerned citizens in nearby townships and cities who were unsure of the effects the medical marijuana industry would have on their own nearby communities.

Mutti commented, “I find it disheartening that Councilman Gates considers clergymen from seventy diverse Richland County congregations as ‘entities that do not represent the interest of the City of Shelby.'”

“If Mr. Gates read the clergy letter that was presented to him during my public comment on June 18th 2018, he would find that ten of those “outside” signatories have churches located inside the Shelby zip code area. Another pastor from Shiloh endorsed the letter, Reverend Kevin Evans; he happens to be the President of the Shelby Ministerial Association.

“With the municipalities of Mansfield, Lexington, another five townships, the Sheriff, METRICH Commander, County Prosecutor, Community Action for Capable Youth (CACY), and leading clergymen from seventy congregations, all from Richland County taking a unified public position opposing medical marijuana, maybe Councilman Gates is the real outsider. In fact, all of Shelby City Council disregarded his input and overwhelmingly sponsored and passed both prohibition bills.”

The local clergy opposed the prescribing of marijuana based on the addictive nature of marijuana, adverse health effects of marijuana, affiliation between crime and marijuana, and the inevitable illegal diversion of marijuana that will occur.

After just one month in operation, state regulators initiated their first suspension of a patient registration for marijuana. The Ohio State Board of Pharmacy, which operates the patient registry, found “clear and convincing evidence” the patient violated state regulations barring patients from sharing their medical marijuana products with others.

The patient bought medical marijuana twice at Ohio dispensaries since January 16th 2019. In an interview with authorities, the patient said they illegally diverted their marijuana by providing marijuana to their wife, seven-year-old son, the patient’s fifteen-year-old step-son, and a family pet.

The patient also admitted to smoking marijuana and buying marijuana products in Michigan to consume in Ohio. Ohio’s medical marijuana law prohibits smoking cannabis. Federal law also prohibits carrying marijuana across state lines.

The Bottom Line:

The Bible says in James One, “A double-minded man is unstable in all his ways.”

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