Basics of the Effects of Proposed Zoning Changes for

Basics of the Effects of Proposed Zoning Changes for Medical Marijuana

A cost and benefit listing report of stated information and economic effects of proposed zoning changes in relation to Ohio’s Medical Marijuana Control Program

Introduction The concept of a Cost – Benefit Analysis (CBA) is a tool to use as part of the decision-making process to determine how good or bad a planned action will turn out. It can be common in government to use a CBA in making both social and economic decisions, which defines this particular issue. A CBA is designed to measure costs and benefits to the community while considering the adoption of an action, policy or program. In a traditional CBA, there is an identified or associated cost that is measured against the benefit. Those factors are formulated and the net result shows a simple answer to the analysis. For this particular issue, the cost side of the equation is not necessarily in tangible funds or dollars, rather are social costs and become difficult to measure. Considering that, it is difficult to assign a benefit factor that provides an appropriate scale of ample return based on the cost. In other words, there is no clear definition of what tangible dollar benefit outweighs a particular social cost. In addition, of the research materials available, many are summarized as inconclusive due to a lack of sustained data collection, or are weighted as either anti or pro medical marijuana, not examining direct effects and benefits to zoning or economic factors of a community. Nonetheless, this document will attempt to provide some basic information that has been gathered and determined to provide a comparison of economic and social effects regarding the potential zoning change. It should be noted that a consideration of anti or pro medical marijuana itself is not part of the discussion; however, there is some intrusion of that philosophical difference naturally part of the decision.

Background Law Director Jerry McDonald prepared a brief summary covering the basics of the law as well as what is being considered in the proposed zoning code change. That document is copied as text herein for reference, as it provides very good background on the topic. As written by Jerry McDonald:

Basics of Ohio Medical Marijuana Law:

The law permits the cultivation, processing, dispensing, possession and use, of medical marijuana.

Cultivators and Processors are regulated by the Department of Commerce; Retail dispensaries and Patient/Caregivers are regulated by the Pharmacy Board.

All parties involved must be licensed/registered.

Patients must have a medical referral (prescription) from a physician.

There are rules for physicians and patients that are not applicable to municipal regulations.

Patients must have one of the following "Qualifying Medical Condition": Acquired immune deficiency syndrome; Alzheimer's disease; Amyotrophic lateral sclerosis; Cancer; Chronic traumatic encephalopathy; Crohn's disease; Epilepsy or another seizure disorder; Fibromyalgia; Glaucoma; Hepatitis C; Inflammatory bowel disease; Multiple sclerosis; Pain that is either of the following: (i) Chronic and severe; (ii) Intractable; Parkinson's disease; Positive status for HIV; Post- traumatic stress disorder; Sickle cell anemia; Spinal cord disease or injury; Tourette's syndrome; Traumatic brain injury; Ulcerative colitis; Any other disease or condition added by the state medical board under section 4731.302 of the Revised Code.

Medical Marijuana cannot be smoked (can be in vaporizer)

Can only be sold as Oils, Tinctures, (dissolved in alcohol) Plant Material (nothing that can sprout), Edibles (cannot be attractive to children) and Patches. In future State may add more categories.

The law does NOT change the right of any employer to have a drug free work policy or prohibit employees from being under the influence of medical marijuana while working.

Marijuana still illegal under federal law (Schedule 1 drug). Most banks will not permit deposits or accounts from businesses engaged in State legalized marijuana sales. As a result, the industry remains primarily a cash business. Ohio is planning a closed loop financial system for the purchase and sale of medical marijuana in the State but the details of that are not finalized.

What Huber Heights Can Do/Regulate

Huber Heights may adopt an ordinance to prohibit, or limit the number of, cultivators, processors, or retail dispensaries licensed under the law.

Huber Heights can enact reasonable zoning provisions regarding the use.

What Huber Heights Cannot Do/Regulate

Huber Heights cannot adopt an ordinance or resolution limiting research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board

Regulate or limit the legal use of medical marijuana by private parties on private property.

Some Facts to Consider

Cultivators (Growers): BASED ON FINAL RULES

Initially only 12 “Level I Cultivators” (a cultivator with up to 25,000 square footage of space designated as the marijuana cultivation area) and 12 “Level II Cultivators” (a cultivator with up to 3,000 square footage of cultivation area) will be allowed. After Sept. 8, 2018, more permits for both levels may be issued and existing facilities can request size increase (up to 50,000/6,000 sq. ft.)

Cannot locate less than 500 feet from the boundaries of a parcel of real estate having a school, church, public library, public playground, or public park.

Cannot display external signage larger than sixteen inches in height by

eighteen inches in width; illuminate a sign advertising a medical marijuana product or strain at any time; advertise medical marijuana brand names or utilize graphics related to medical marijuana on the exterior of the building in which the cultivator is operating; or display medical marijuana, medical marijuana products and paraphernalia visible from the exterior of the facility.

In States where growing is permitted outdoors there have been complaints of odors.

Processors (Manufacturer) BASED ON PROPOSED RULES

Initially (until September 8, 2018) there will be only 40 processor provisional licenses.

There are no express regulations regarding odor

or fumes. Can be located on the same parcel as

the Cultivator

Cannot locate less than 500 feet from the boundaries of a parcel of real estate having a school, church, public library, public playground, or public park.

No signage restrictions set forth in Rules.

Dispensaries (Retailer) BASED ON PROPOSED RULES

Initially (until September 8, 2018) there will be only “up to” 40 dispensary provisional licenses issued.

Will have “restricted access areas” for storage of medical marijuana, a “dispensary department” with access limited to patients, caregivers, and employees, a “waiting room” and a “patient care area.”

All products sold must be in an opaque package that do not indicate the contents of the package

All sales must be face-to-face without the assistance of any electronic or mechanical device (such as a vending or other automated dispensing unit).

No drive through windows. Sales only between 7:00 am and 7:00 pm

All sales logged electronically and sent to the state board of pharmacy within

five minutes of the sale.

A dispensary cannot make “deliveries” However under the law a caregiver may deliver medical marijuana to the caregiver’s qualified patient.

Cannot sell anything other than authorized medical marijuana, medical marijuana products, medical marijuana devices, and paraphernalia.

No medical marijuana can be consumed on the premises

Extensive monitoring, surveillance, and security requirements imposed by State, to prevent loitering and ensuring that foliage outside of the dispensary do not allow for a person to conceal themselves from sight Advertising, marketing, and signage for dispensaries strictly regulated. Cannot be attractive to children. Cannot not use a name, logo, sign, nor advertisement unless it has been approved by the state board of pharmacy. Cannot advertise medical marijuana brand names or use graphics related to medical marijuana on the exterior of the building in which the dispensary is operating or display medical marijuana or paraphernalia that is visible from the exterior of the dispensary.

Cannot locate less than 500 feet from the boundaries of a parcel of real estate having a school, church, public library, public playground, public park or community addiction services provider

What is Being Proposed in Huber Heights

A. Cultivators permitted as a Special Use in the Agriculture (A) District with consideration for certain applicable performance standards.

B. Processors permitted as a Special Use in the Commercial (B), and Industrial (I) Districts with consideration for the applicable performance standards

C. Dispensaries permitted as a Special Use in the Commercial (B), and Industrial (I) District, with consideration for the applicable performance standards

PROPOSED PERFORMANCE STANDARDS:

1. Cultivation and Processing only in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Department of Commerce. The cultivator facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

2. The maximum floor area of a medical marijuana cultivator shall be limited to 3,000 square feet for a Level II operation and 25,000 square feet for a Level I operation. (Please note that under the final rules, space can be much larger after 2018)

3. No emission of dust, fumes, vapors, odors, or waste into the environment from any cultivation or processing facility.

4. Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with all the applicable Department of Commerce rules and regulations including but not limited to not being placed within any unsecure exterior refuse containers. 5. The cultivator shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana cultivating facilities and at processing facilities.

6. Cultivators/Processors/Dispensaries may not locate within 1,000 feet of the property line of a public, private or parochial school or day-care center. In addition, a dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary.

7. All external lighting serving a medical marijuana cultivator/processor/dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

8. Parking requirements will follow the parking schedule found in Chapter 1185 Parking and Loading.

9. A buffer planting is required where a medical marijuana cultivator or processor or dispensary adjoins a residential use or district as described in the specific Zoning District.

10. Prior to dispensing medical marijuana, a medical marijuana dispensary must have obtained a certificate of operation from the State Board of pharmacy in the State of Ohio.

11. A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

12. A medical marijuana dispensary may not operate on the same site as a cultivator or processor.

13. Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

14. A medical marijuana dispensary shall not be open prior to 8 am or after 8 pm.

15. Medical marijuana dispensary shall not have a drive-through service; outdoor seating areas; outdoor vending machines; offer direct home delivery services; and shall prohibit the administering of, or the consumption of medical marijuana on the premises.

16. A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable regulations.

Economic Estimates These figures are based on estimates provided by a medical marijuana cultivator/processor that is not yet in business. These figures are the estimates provided as part of the employment plan and pro-forma. The only data that has historical and actual numbers are property tax records. This data is provided as an example and estimate of what one company could provide in economic benefits to the community in order to establish an estimated reference for the CBA.

Business Income / Pro Forma Estimates

Fiscal Year Ending 31-Dec-18 Q1 Q2 Q3 Q4 FYE Revenue $ - $ 211,832.02 $ 608,224.53 $ 1,133,393.15 $ 1,953,449.70

C.O.G. 382,531.25 431,169.77 489,766.42 560,642.71 1,864,110.15 Gross Profit $ (382,531.25) $(219,337.74) $ 118,458.10 $ 572,750.44 $ 89,339.55

Gross Profit Margin #DIV/0! -103.54% 19.48% 50.53% 4.57%

General 325,000.00 325,000.00 325,000.00 325,000.00 1,300,000.00 Fees 200,000.00 200,000.00 Taxes 10,000.00 10,000.00 20,000.00 Sales Tax - 12,180.34 34,972.91 65,170.11 112,323.36 Lease 41,250.00 41,250.00 41,250.00 41,250.00 165,000.00 Build-Out 2,500,000.00 2,500,000.00 Real Estate 1,500,000.00 1,500,000.00 Legal 200,000.00

EBITDA (4,948,781.25) (607,768.09) (282,764.81) 131,330.33 (5,907,983.81)

Fiscal Year Ending 2019 Q1 Q2 Q3 Q4 FYE Revenue $ 1,462,077.16 $ 2,018,148.76 $ 2,507,139.90 $ 3,114,612.06 $ 9,101,977.89

C.O.G. 649,778.02 754,544.65 882,475.40 1,039,071.83 3,325,869.91 Gross Profit $ 812,299.14 $ 1,263,604.11 $ 1,624,664.50 $ 2,075,540.23 $ 5,776,107.98

Margin 55.56% 62.61% 64.80% 66.64% 63.46% General 373,750.00 373,750.00 373,750.00 373,750.00 1,495,000.00 Taxes 10,000.00 10,000.00 20,000.00 Sales Tax $ 84,069.44 $ 116,043.55 $ 144,160.54 $ 179,090.19 $ 523,363.73 Lease 41,250.00 41,250.00 41,250.00 41,250.00 165,000.00

EBITDA 313,229.70 722,560.55 1,065,503.96 1,471,450.04 3,572,744.25 NOL - Forward (1,181,596.76) Adjusted Net 2,391,147.49 Tax 53,800.82

Fiscal Year Ending 2020 Q1 Q2 Q3 Q4 FYE Revenue $ 3,869,272.83 $ 4,806,785.55 $ 5,971,454.67 $ 7,418,319.47 $ 22,065,832.52

C.O.G. 1,234,572.97 1,470,636.68 1,761,198.83 2,119,329.30 6,585,737.78 Gross Profit $ 2,634,699.86 $ 3,336,148.87 $ 4,210,255.83 $ 5,298,990.18 $ 15,480,094.74

Margin 68.09% 69.40% 70.51% 71.43% 70.15% General 429,812.50 429,812.50 429,812.50 429,812.50 1,719,250.00 Taxes Sales Tax 10,000.00 10,000.00 20,000.00 Lease $ 222,483.19 $ 276,390.17 $ 343,358.64 $ 426,553.37 $ 1,268,785.37

EBITDA 41,250.00 41,250.00 41,250.00 41,250.00 165,000.00 1,941,154.17 2,578,696.20 3,395,834.69 4,391,374.31 12,307,059.37 NOL - Forward (1,181,596.76) Adjusted Net 11,125,462.61 Tax 250,322.91

Employment Estimates

Position Name Of Current Employee

Part Time .5 Full Time 1

Estimated Salary (Estimate Is Based on Other States Not Ohio Employment Market) LOW HIGH

Chief Executive Officer TBA 1 $110,000.00 $150,000.00 Chief Operations Officer TBA 1 $102,000.00 $102,000.00 Chief Marketing Officer TBA 1 $78,000.00 $78,000.00 Chief Financial Officer TBA 1 $80,000.00 $80,000.00 Chief Security Officer TBA 1 $88,143.00 $88,143.00 Chief Technology Officer TBA 1 $100,000.00 $100,000.00 Chief Compliance Officer TBA 1 $106,192.00 $106,192.00 Inventory Manager TBA 1 $38,000.00 $50,000.00 MIP Manager TBA 1 $38,000.00 $65,000.00 Head Chef TBA 1 $46,265.00 $60,000.00 Sue Chef TBA 1 $43,492.00 $50,000.00 Head Driver TBA 1 $30,000.00 $40,000.00 Driver 2 TBA 1 $25,789.00 $35,000.00 Driver 3 TBA 1 $25,789.00 $35,000.00 Dispatcher TBA 1 $29,753.00 $39,000.00 Master Grower TBA 1 $45,000.00 $80,000.00 Grower Assistant 1 TBA 1 $30,000.00 $50,000.00 Grower Assistant 2 TBA 1 $30,000.00 $50,000.00 Grower Helper TBA 0.5 $15,000.00 $25,000.00 Grower Helper TBA 0.5 $15,000.00 $30,000.00 Grower Helper TBA 0.5 $15,000.00 $30,000.00 Master Processor TBA 1 $45,000.00 $80,000.00 Processing Assistant TBA 1 $35,000.00 $50,000.00 Cultivation Security Guard 1 TBA 1 $24,709.00 $35,000.00 Cultivation Security Guard 2 TBA 1 $24,709.00 $35,000.00 Cultivation Security Guard 3 TBA 1 $24,709.00 $35,000.00 General Office Employee TBA 1 $26,327.00 $36,000.00 General Office Employee TBA 1 $26,327.00 $36,000.00 General Office Employee TBA 1 $26,327.00 $36,000.00 General Office Employee TBA 1 $26,327.00 $36,000.00 General Office Employee TBA 1 $26,327.00 $36,000.00 Total Full

Time Employees

29.5 $1,377,185.00 $1,758,335.00

***Salary & Total Employee #’s are estimates, and should not be relied upon. ***

Tax Calculation Total Payroll Earning's Tax

Value to City

(based on low estimates) $1,377,185.00 0.0225 $30,986.66

Current Property Tax on example building:

PARID: P70 03907 0035 PARCEL LOCATION: 5041 KITRIDGE RD NBHD CODE: C1002000

Authority Name Levy Year Levied Effective Rate Distribution MONTGOMERY COUNTY FIVE RIVER METRO PARKS 2009 1.788797 $563.47 MONTGOMERY COUNTY GENERAL FUND INSIDE MILLAGE

1.700000 $535.50

MONTGOMERY COUNTY HUMAN SERVICES 2007 2007 7.165125 $2,257.01 MONTGOMERY COUNTY HUMAN SERVICES 2010 2010 5.992469 $1,887.63 MONTGOMERY COUNTY HUMAN SERVICES 2014 2014 .993776 $313.04 MONTGOMERY COUNTY MRDD 1977 1977 .513685 $161.81 MONTGOMERY COUNTY SINCLAIR COMMUNITY COLLEGE 2008 3.180083 $1,001.73 MONTGOMERY COUNTY SINCLAIR COMMUNITY COLLEGE 2015 .993776 $313.04

SUB-TOTAL:

22.327711 $7,033.23

HUBER HEIGHTS CSD BOND RETIREMENT 2008 6.990000 $2,201.85 HUBER HEIGHTS CSD CLASSROOM FACILITIES 2008 .469419 $147.87 HUBER HEIGHTS CSD GENERAL FUND CURRENT EXPENSE 1976 5.636434 $1,775.48 HUBER HEIGHTS CSD GENERAL FUND CURRENT EXPENSE 1999 4.786347 $1,507.70 HUBER HEIGHTS CSD GENERAL FUND CURRENT EXPENSE 2001 7.791112 $2,454.20 HUBER HEIGHTS CSD GENERAL FUND CURRENT EXPENSE 2002 4.874415 $1,535.44 HUBER HEIGHTS CSD GENERAL FUND CURRENT EXPENSE 2003 5.586086 $1,759.62 HUBER HEIGHTS CSD GENERAL FUND CURRENT EXPENSE 2005 6.102447 $1,922.27 HUBER HEIGHTS CSD GENERAL FUND INSIDE MILLAGE

6.800000 $2,142.00

HUBER HEIGHTS CSD PERMANENT IMPROVEMENT 2007 .938838 $295.73 SUB-TOTAL:

49.975098 $15,742.16

HUBER HEIGHTS CITY FIRE 1976 .265765 $83.72 HUBER HEIGHTS CITY FIRE 1976 .141293 $44.51 HUBER HEIGHTS CITY FIRE 1978 .097815 $30.81 HUBER HEIGHTS CITY FIRE 1979 .068412 $21.55 HUBER HEIGHTS CITY FIRE 1980 .912362 $287.39 HUBER HEIGHTS CITY FIRE 1981 .150033 $47.26 HUBER HEIGHTS CITY GENERAL FUND INSIDE MILLAGE

1.500000 $472.50

HUBER HEIGHTS CITY POLICE 1976 .797296 $251.15 HUBER HEIGHTS CITY POLICE 1976 .336412 $105.97 HUBER HEIGHTS CITY POLICE 1978 .212494 $66.94 HUBER HEIGHTS CITY POLICE 1980 .608241 $191.60

SUB-TOTAL:

5.090123 $1,603.40

MIAMI VALLEY CTC GENERAL FUND CURRENT EXPENSE 1979 .345338 $108.78 MIAMI VALLEY CTC GENERAL FUND CURRENT EXPENSE 2011 2.161564 $680.89

SUB-TOTAL:

2.506902 $789.67

DAYTON METRO LIBRARY BOND RETIREMENT VOTED 2012 1.560000 $491.40 DAYTON METRO LIBRARY GENERAL FUND CURRENT EXPENSE 2009 1.739896 $548.07

SUB-TOTAL:

3.299896 $1,039.47

TOTAL:

83.199730 $26,207.93

Review/Summary of overall example estimated economic benefits Based on information provided from FW Green which has not been verified. We were not able to gain access to any existing similar operation’s financial data, nor are there any verified direct economic reports or examples to compare.

Year 1 Year 2 Year 3

Earnings Tax $30,986.00 $31,605.00 $32,237 Business Income $0 $53,800.82 $25,0322.91

Property Tax $1,603.40 $1,603.40 $1,603.40 Subtotal $32,589.40 $87,009.22 $284,163.31

Total Additional Revenue $30,986.00 $85,405.82 $282,559.91

Social Costs

Crime/Law Enforcement Information and studies reviewed reveal the following highlights:

➢ Dispensaries are not magnets for crime. Instead, the studies suggested that dispensaries are no more likely to attract crime than any other business. In many cases, bringing new business and economic activity to previously abandoned or run-down retail spaces, dispensaries actually contribute to a reduction in crime.

➢ A 2009 LAPD survey was conducted in response to a debate over medical marijuana regulations and the claim that dispensaries were magnets for crime. LAPD Chief Beck commented on the survey, “Banks are more likely to get robbed than medical marijuana dispensaries”.

➢ A 2009 Denver PD survey was conducted to analyze robbery and burglary rates at medical marijuana dispensaries. They found the robbery and burglary rates at dispensaries were lower than area banks and liquor stores and on par with those of pharmacies. They found a 16.8% burglary and robbery rate for dispensaries, equal to that of pharmacies. 19.7% rate for liquor stores and 33.7% rate for banks.

➢ A 2010 Denver PD analysis looked at crime rates in areas in and around dispensaries. The analysis showed that through the first nine months of 2010, crime was down 8.2% relative to the same period in 2009.

➢ A Denver Post analysis found that crime rate in some areas with the highest concentration of dispensaries was bigger decreases in crime than neighborhoods with no dispensaries.

➢ A 2010 Colorado Springs PD analysis found that robbery and burglary rates at area dispensaries were on par with those of other businesses. The department’s data indicated there were 41 criminal incidents reported at the city’s 175 medical marijuana businesses in an 18 month period. Over the same period, there were 797 robberies and 4,825 burglaries at other city businesses. The department spokesperson commented, “I don’t think the data really supports dispensaries are more likely to be targeted at this point”.

➢ A June 2011 Regent University study looked at the perception of crime, and medical marijuana dispensaries impact on crime, among residents of Denver neighborhoods. In areas within 1,000 feet of a dispensary, rates were down for most types of crime, including burglary, larceny, and a 37.5% reduction in disorderly conduct citations. The author of the study noted, “it appears that crime around medical marijuana centers is considerably lower than citywide crime rates; a much different depiction than originally perceived”. The study concluded,

the two misconceptions about medical marijuana centers from the resident’s perspective have been debunked. (1) medical marijuana centers have not contributed to an increase in crime in any neighborhood, and (2) regardless of socio-economic status, residents view crime rates comparatively.

➢ A White Paper Study by the California Chiefs of Police indicate Because they are repositories of valuable marijuana crops and large amounts of cash, several operators of dispensaries have been attacked and murdered by armed robbers both at their storefronts and homes, and such places have been regularly burglarized. Drug dealing, sales to minors, loitering, heavy vehicle and foot traffic in retail areas, increased noise, and robberies of customers just outside dispensaries are also common ancillary byproducts of their operations. To repel store invasions, firearms are often kept on hand inside dispensaries, and firearms are used to hold up their proprietors. These dispensaries are either linked to large marijuana grow operations or encourage home grows by buying marijuana to dispense. And, just as destructive fires and unhealthful mold in residential neighborhoods are often the result of large indoor home grows designed to supply dispensaries, money laundering also naturally results from dispensaries' likely unlawful operations.

➢ A June 2017 article on marijuana outlets and crime in an era on changing legislation from the Journal of Primary Prevention states independent of the effects of covariates, densities of marijuana outlets were unrelated to property and violent crimes in local areas. However, the density of marijuana outlets in spatially adjacent areas was positively related to property crime in spatially adjacent areas over time. Further, the density of marijuana outlets in local and spatially adjacent blocks groups was related to higher rates of marijuana-specific crime. This study suggests that the effects of the availability of marijuana outlets on crime do not necessarily occur within the specific areas within which these outlets are located, but may occur in adjacent areas. Thus studies assessing the effects of these outlets in local areas alone may risk underestimating their true effects.

DEA Dayton Office Resident Agent in Charge, Steve Miller indicates the DEA declines to take a stance or offer a professional opinion regarding medical marijuana cultivation facilities or dispensaries. Montgomery County Sheriff, Phil Plummer also does not have a comment.

Community/Neighborhood Concerns Through the process of reviewing the proposed Ordinance, there have been a variety of concerns explained; however, this document will not include or address the overall concerns of medical marijuana itself, only the impact of a facility within the community. Considering that, there are varying levels of stated concerns depending on the three elements of Ohio’s law: cultivation, processing, dispensing. The items were developed through observed input as well as localized research and are classified into two primary categories: 1) Safety and Security, 2) General Operations/Physical Plant. The items are also listed in relation to what element(s) of the law each would apply.

Safety and Security

Item Element All cash business resulting in higher density of related crime (robbery, burglary, theft)

Cultivation, Processing, Dispensing

Adjacent illegal drug transactions and use Dispensing Increased “drugged” driving and public nuisance incidents

Dispensing

Operations/Physical Plant

Item Element Odors Cultivation, Processing Confinement/containment of a higher density of combustible/hazardous material within industrial areas

Cultivation, Processing

Increased electricity demands stressing end-of-line power areas

Cultivation

Hazardous waste disposal/storage Processing Again, this list is not all inclusive to the input provided, as much information was shared regarding issues and benefits of medical marijuana itself. This list only drilled down to items potentially relevant to a zoning decision.

Phone Poll/Survey Results The following information is the RAW data from the phone survey. There are a variety of conclusions that need to be considered in the analysis and cross-tabbing of the survey data to fully understand the results. In short, the survey in its totality concludes a very short margin of difference, and the community is split on this topic. As noted, the raw data shows a slight positive response; however, there is also a slight negative response regarding what the topic will do to the quality of life. The analysis and report of the survey will be subsequent to this report, and no certain conclusions should be made based on just the raw data, but the data is informative and relevant nonetheless. QUESTION 1: Are you aware that the state of Ohio legalized the cultivation, processing and dispensing of medical grade marijuana?

• Aware: 77%

• Somewhat aware: 9% • Unaware: 14%

QUESTION 2: Are you aware cities in Ohio can change their zoning ordinances to allow for the cultivation, processing and dispensing of medical marijuana within their own city limits?

• Aware: 64%


QUESTION 3: Are you aware that even if cultivating, processing and dispensing of medical marijuana is not made available in the City of Huber Heights, it will be permitted and available in other cities in Ohio?

• Aware: 66%


QUESTION 4: Do you understand the difference between medical marijuana and recreational marijuana?

• Understand: 79%

• Somewhat understand: 12% • Don’t understand: 9%

QUESTION 5: Are you aware that the Huber Heights City Council is considering a zoning change that will allow cultivation, processing and dispensing of medical marijuana within the city limits of Huber Heights?

• Aware: 60%


QUESTION 6: Are you aware that Huber Heights, at this time, is one of only a few communities in the state of Ohio that is considering a zoning change to allow for the cultivation, processing and dispensing of medical marijuana within its city limits?

• Aware: 45%


QUESTION 7: On a scale of one to five, with one being very supportive and five being very unsupportive, how supportive are you of a zoning change to allow for a cultivation, processing and dispensing center of medical marijuana in the City of Huber Heights?

• 1: 32% • 2: 11% • 3: 17% • 4: 6% • 5: 30% • Unsure: 3%

QUESTION 7A: (If answer 1 or 2 on Question 7) You just stated that you are supportive of a zoning change to allow for a cultivation, processing and dispensing center of medical marijuana in the City of Huber Heights. Please state why you gave that response:

• Job Growth: 13% • People need medical marijuana for health reasons: 47%

• Unsure: 7% • Other: 33%

QUESTION 7B: (If answer 4 or 5 on Question 7) You just stated that you are not supportive of a zoning change to allow for a cultivation, processing and dispensing center of medical marijuana in the City of Huber Heights. Please state why you gave that response:

• Concern about safety and crime: 13% • Don’t like drugs: 21% • Unsure: 13% • Other: 53%

QUESTION 8: How would you like to receive more information about the City of Huber Heights?

• E-mail: 10% • Radio: 1% • Website: 5% • Facebook: 3% • Mobile App: 1% • Community non-profits and organizations: 0% • Twitter: 0% • Online/Internet: 12% • City of Huber Heights Newsletter: 19% • Community forums: 2% • Dayton Daily News: 0% • Local newspapers: 16% • Other: 18% • Unsure: 12%

QUESTION 9: How many years have you lived in the City of Huber Heights? • Less than 10 years: 18% • 10 – 20 years: 31% • 21 – 30 years: 19% • Over 30 years: 31% • Unsure: 0% • No response: 1%

QUESTION 10: Into which age bracket do you fall? • 18-24: 2%

• 25-34: 9%

• 35-44: 16%

• 45-54: 24%

• 55-64: 32%

• 65 or older: 17%

QUESTION 11: On a scale of one to five, with one being very positive and five being very negative, how do you think the cultivation, processing and dispensing of medical marijuana within Huber Heights will impact the quality of life in our community?

• 1: 27% • 2: 12% • 3: 22% • 4: 6% • 5: 28%

• Unsure: 5%

QUESTION 12: Caller to identify male or female

• Male: 42% • Female: 58%

Summary considerations:

In true form to reflect information in a cost-benefit style, the below factors illustrate the analysis from a zoning perspective.

Costs Benefits Social – Public Health and concerns Job Creation Safety and Security

Cash Business – Related Crime Illegal adjacent drug use Increased “drugged” driving and public incidents

Direct Economic Impact potential Earnings Tax Business Income Tax Property Tax (if new construction)

Operations/Physical Plant Odors Power/Energy supply Hazardous waste/materials

Indirect Economic Impact Construction/Suppliers Local expenditures by employees

There are no direct tangible costs associated to benefits; therefore, a simple equation cannot be summed to reflect a higher cost versus benefit. Research can be revealed to support nearly every point and counter point for pros and cons of medical marijuana facilities; therefore much is simply inconclusive and a matter of local opinion and option. Staff has attempted to reach out to a variety of communities to get reports on economics, job rates, complaints, etc. with no avail. Communities picked were similar in size and in states with somewhat similar laws (Illinois, Michigan). No communities are tracking specific information about the industry or specific businesses. In addition, there was difficulty in locating information for listed businesses, as all seem to be originally purchased and set up through investment LLC’s. and operating under a different company name. Survey Summary highlights:

• Polarized results regarding support and affect to the quality of life in the City (both nearly the same regarding positive and negative)

• Demographics were cross tabbed to best match the community • Survey information in this report is raw data, not the analysis and report of the

survey • Respondents reflected significant awareness of the topic • Majority of Respondents report residency of 10 years or more, 31% claiming over

30 years • Online web-based survey is informational and not statistically correct or verified

83.35% 976

12.38% 145

4.27% 50

Q1 Q1 Please identify the city in which you reside:

Answered: 1,171 Skipped: 0

Total 1,171

Huber Heights

Dayton

Other (please

specify)

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Answer ChoicesAnswer Choices ResponsesResponses

Huber Heights

Dayton

Other (please specify)

1 / 18

City of Huber Heights - Medical Marijuana Survey

97.61% 1,143

2.39% 28

Q2 Q2 Are you taking this survey as a resident or as a member of a

business?


Total 1,171

Resident

Member of a

business

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Resident

Member of a business

2 / 18


Q3 Q3 Please provide the address at which you currently reside or of

your business.


3 / 18


86.70% 991

10.24% 117

3.06% 35

Q4 Q4 Are you aware that the State of Ohio legalized the cultivation,

processing and dispensing of medical grade marijuana?


Total 1,143

Aware

Somewhat aware

Unaware

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Aware

Somewhat aware

Unaware

4 / 18


78.65% 899

13.47% 154

7.87% 90

Q5 Q5 Are you aware cities in Ohio can change their zoning

ordinances to allow for the cultivation, processing and dispensing

of medical marijuana within their own city limits?


Total 1,143

Aware

Somewhat aware

Unaware

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Aware

Somewhat aware

Unaware

5 / 18


87.75% 1,003

9.01% 103

3.24% 37

Q6 Q6 Are you aware that even if cultivating, processing and

dispensing of medical marijuana is not made available in the City

of Huber Heights, it will be permitted and available in other cities

in Ohio?


Total 1,143

Aware

Somewhat aware

Unaware

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Aware

Somewhat aware

Unaware

6 / 18


93.44% 1,068

5.86% 67

0.70% 8

Q7 Q7 Do you understand the difference between medical marijuana

and recreational marijuana?


Total 1,143

Understand

Somewhat

understand

Don't

understand

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Understand

Somewhat understand

Don't understand

7 / 18


87.31% 998

8.05% 92

4.64% 53

Q8 Q8 Are you aware that the Huber Heights City Council is

considering a zoning change that will allow cultivation,

processing and dispensing of medical marijuana within the city

limits of Huber Heights?


Total 1,143

Aware

Somewhat aware

Unaware

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Aware

Somewhat aware

Unaware

8 / 18


68.33% 781

19.51% 223

12.16% 139

Q9 Q9 Are you aware that Huber Heights, at this time, is one of only a

few communities in the state of Ohio that is considering a zoning

change to allow for the cultivation, processing and dispensing of

medical marijuana within its city limits?


Total 1,143

Aware

Somewhat aware

Unaware

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Aware

Somewhat aware

Unaware

9 / 18


62.90% 719

5.69% 65

2.89% 33

2.27% 26

24.32% 278

1.92% 22

Q10 Q10 On a scale of one to five, with one being very supportive and

five being very unsupportive, how supportive are you of a zoning

change to allow for a cultivation, processing and dispensing

center of medical marijuana in the City of Huber Heights?


Total 1,143

1

2

3

4

5

Unsure

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


1

2

3

4

5

Unsure

10 / 18


28.74% 225

51.60% 404

0.00% 0

19.67% 154

Q11 Q11 You just stated that you are supportive of a zoning change to

allow for a cultivation, processing and dispensing center of

medical marijuana in the City of Huber Heights. Please state why

you gave that response:

Answered: 783 Skipped: 388

Total 783

Job Growth

People need

medical...

Unsure

Other (please

specify)

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Job Growth

People need medical marijuana for health reasons

Unsure


11 / 18


53.69% 160

11.41% 34

1.01% 3

33.89% 101

Q12 Q12 You just stated that you are not supportive of a zoning

change to allow for a cultivation, processing and dispensing

center of medical marijuana in the City of Huber Heights. Please

state why you gave that response:

Answered: 298 Skipped: 873

Total 298

Concern about

safety and...

Don’t like

drugs

Unsure

Other (please

specify)

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Concern about safety and crime

Don’t like drugs

Unsure


12 / 18


30.58% 344

6.58% 74

19.73% 222

Q13 Q13 How would you like to receive more information about the

City of Huber Heights?


Email

Radio

Website

Facebook

Instagram

Mobile App

Community

non-profits ...

Twitter

Online/Internet

City of Huber

Heights...

Community

forums

Dayton Daily

News

Local

newspapers

Unsure

Other (please

specify)

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Email

Radio

Website

13 / 18


47.64% 536

2.22% 25

7.29% 82

3.20% 36

3.82% 43

19.56% 220

27.64% 311

8.71% 98

12.27% 138

9.78% 110

10.31% 116

3.47% 39

Total Respondents: 1,125

Facebook

Instagram

Mobile App

Community non-profits and organizations

Twitter

Online/Internet

City of Huber Heights Newsletter

Community forums

Dayton Daily News

Local newspapers

Unsure


14 / 18


17.20% 193

11.32% 127

9.89% 111

52.67% 591

8.82% 99

0.09% 1

Q14 Q14 How many years have you lived in the City of Huber Heights?


Total 1,122

0-5 years

6-10 years

11-15 years

More than 15

years

I do not live

in the City ...

Unsure

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


0-5 years

6-10 years

11-15 years

More than 15 years

I do not live in the City of Huber Heights

Unsure

15 / 18


9.89% 111

22.19% 249

23.26% 261

21.66% 243

14.88% 167

8.11% 91

Q15 Q15 Into which age bracket do you fall?


Total 1,122

18-24

25-34

35-44

45-54

55-64

65 or older

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


18-24

25-34

35-44

45-54

55-64

65 or older

16 / 18


50.40% 564

14.57% 163

7.15% 80

4.11% 46

20.46% 229

3.31% 37

Q16 Q16 On a scale of one to five, with one being very positive and five

being very negative, how do you think the cultivation, processing

and dispensing of medical marijuana within Huber Heights will

impact the quality of life in our community?


Total 1,119

1

2

3

4

5

Unsure

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


1

2

3

4

5

Unsure

17 / 18


30.47% 341

69.53% 778

Q17 Q17 Please select the gender that you identify with:


Total 1,119

Male

Female

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%


Male

Female

18 / 18


Documents

Basics of the Effects of Proposed Zoning Changes for