EUCLID, Ohio — A marijuana dispensary opened its doors to recreational sales on Tuesday, but the city reminded it of a 2021 zoning regulation prohibiting those – forcing them to turn away hundreds of customers on opening day.
As medical dispensaries pivoted to dual operation this week, Nectar Manager Jimmie Dawson told News 5 that he and his crew were excited about the new opportunity.
“I've been running them through the ringer trying to get them prepared because we had like a week turn around,” Dawson said.
But at approximately 6:35 p.m. on Monday, Dawson said the city alerted Nectar they were unable to sell recreational marijuana.
“It was very depressing because this was the goal to build our clientele,” he added.
A sign was taped to the front doors Tuesday morning – warning customers Nectar was unable to sell recreationally because the City of Euclid didn’t allow it.
Dawson estimates by turning away recreational customers for five hours, Nectar lost $10,000 in sales.
“I rolled back our cameras, and I stopped counting after 100 people were turned away because it was very disappointing. We worked so hard to get to this point,” Dawson said.
News 5 requested an interview with the city Tuesday afternoon, but it said neither the Mayor nor City Council was accepting interviews on the subject.
The city did provide a statement:
“The City of Euclid remains committed to maintaining a clear and fair regulatory environment for all businesses operating within our jurisdiction. In alignment with this commitment, the city would like to clarify our current zoning policy regarding marijuana dispensaries. As per our present zoning codes, adopted in November of 2021, only medical dispensaries are permitted to operate within the City of Euclid.”
The city explains the policy was communicated throughout the licensing process, including prior to Ohio’s issuance of Recreational Adult Use licenses in July of this year.
“The City of Euclid values the contributions of medical dispensaries to our community’s health and well-being. We believe that by upholding these zoning codes, we can ensure a positive environment for neighboring businesses and residents,” stated the city on Tuesday.
Nectar dispensary-goers were questioning how the city could do that despite recreational marijuana being legal in Ohio.
“It seems like Ohio is kind of a tricky place for stuff like this. I’m kind of sorry to see it,” a would-be customer of Nectar’s on Tuesday, Adam Manchook said.
“There's so many different places you can go [to] now. It's like if you can't go to the city of Euclid, you can just go to a different city,” said another would-be customer of Nectar’s Charee Fountain.
Case Western Reserve University School of Law faculty member and attorney Jonathan Entin said local ordinances can supersede state law, but there’s a gray area.
“If there is already a marijuana dispensary in a community, the local government is limited in what it can do and it’s a lot harder for local government to just try and shut down an existing operation unless the existing dispensary has lost its state license,” Entin said.
He said there could be a local referendum process where voters could use their power to change Euclid’s zoning code, but that would be a “later down the road” option.
“I think it at least raises a question about whether a community where a licensed medical marijuana dispensary is operating – to what extent that community could prevent the medical marijuana dispensary from doing recreational marijuana sales if that dispensary has received a permit from the state,” Entin stated. “I think the dispensary would at least have a plausible legal argument even if it's not ultimately a winning one.”
News 5 asked Mayor Kirsten Holzheimer Gail Wednesday about what would happen if the two dispensaries in Euclid sold recreational marijuana.
“We will be addressing that as we go forward but our city council approved medical marijuana. That’s what our zoning code allows so we’ll work with the operators to figure out a solution,” she said.
News 5 followed through with Nectar again on Wednesday.
Dawson said with the help of Nectar’s corporate office and attorneys; he was told Tuesday at 3 p.m. that his team was given city approval to sell recreational marijuana.
“I asked if they were sure because I didn't want to get in trouble. I don't want to get arrested and they said they were sure. I don't know who spread the word, but people just came swarming and I was like, ‘Please nine o'clock come. Let it end,’” Dawson stated.
Dawson said the flow of customers, or as he likes to call them, “patients” has been steady and coming in groups.
“It's been pretty great. I love seeing new faces and people are coming in with a bunch of questions. We're used to our regulars but now that people are coming in and they're new to THC – I find joy in teaching people about medicine. I come from a pharmacy standpoint. They’ll ask me, ‘I don't want to smoke. I'd rather put it in my food or cook. What do I use?’ I'll show them the different options like olive oil THC. We have THC infused sugar, lemonade mix. There are many different options for different people no matter how they want to consume it,” Dawson explained.
Nectar has a wide range of options for customers, from edibles, chocolates and gummies to lozenges and sublingual tinctures.
“I just want to welcome people to Nectar and hope they come and enjoy this experience,” he added.
On that sign that hung on Nectar’s front doors Tuesday morning – alerting would-be customers to Euclid’s decision regarding no recreational marijuana sales was also a suggestion to call City Council to voice any grievances or concerns with it.
Dawson still suggests Euclid residents voice their opinions to City Council regarding recreational marijuana sales within city limits.
The next City of Euclid City Council meeting will be on Monday, Aug. 19.
