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News · Cincinnati

Hamilton Council Approves First Cannabis Dispensary, Ending Ten-Year Ban

Cascade Southern Ohio won the initial license slot under a new one-mile buffer rule, while two competitors argue the filing process was unfair.

By Chioma Brooks ·

Illustration for: Hamilton Council Approves First Cannabis Dispensary, Ending Ten-Year Ban
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Hamilton, Ohio, has ended a decade-long prohibition on retail marijuana after the City Council approved three dispensary applications on Wednesday. The vote clears the path for the city's first legal cannabis shop, marking a major shift in local business regulations.

The council adopted a specific framework to manage the new industry. A one-mile buffer zone will separate any future dispensaries. To determine which applicant claims that zone, the city implemented a first-to-file rule. This mechanism places the earliest submitted application in the lead position for setting the geographic limit.

Cascade Southern Ohio secured that lead position. Its proposed Uplift dispensary, located next to Shooters on Northwest Washington Boulevard, will establish the one-mile radius. The company projects the location will create up to 45 jobs and serve approximately 400 customers daily. Because of the buffer rule, the other two approved sites cannot open if Uplift proceeds.

GTI Ohio and Jushi also won council approval for their respective sites. GTI's Rise dispensary is situated just across the street from Uplift. Jushi's Beyond Hello shop is located off Main Street near an Applebee's. While all three businesses received the necessary permits, the buffer rule effectively pauses construction for the latter two unless Uplift withdraws.

The outcome has sparked debate over the fairness of the filing process. Robert Zimmerman, a partner at Benesch Law and counsel for GTI Ohio, claimed the city misled his client regarding the start time for applications. He noted that GTI filed one minute after Cascade Southern Ohio.

"Lauren Nelson told GTI's representative that they could apply at 12:01 a.m. beginning on August 15th and thereafter," Zimmerman said. "Ms. Nelson testified under oath right here that GTI was the only one told that." He added that the company relied on this guidance to their detriment, describing the process as arbitrary and capricious.

Mayor Pat Moeller addressed public health concerns during the discussion. He stated that he hopes any dispensary in Hamilton will post signs in conspicuous locations. These signs should discuss the harm of cannabis use and misuse by youth and pregnant women. The other two companies retain the right to reapply but have not yet announced whether they will do so.

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