Franklin Board of Health recommends hemp-derived cannabinoid ordinance be sent to Common Council

Franklin — The Franklin Board of Health voted Oct. 13 to recommend that the Common Council consider an ordinance to regulate hemp-derived cannabinoid products, including delta-8 and similar intoxicating isomers, by restricting sales to people 21 and older and by barring new retailers within 750 feet of defined youth-serving organizations.

Board members said the proposed municipal language is intended to fill a regulatory gap created by state-level hemp law. “It would be illegal for a person under the age of 21 to possess or use any amount of a hemp derived cannabinoid,” the draft ordinance reads as presented to the board, and would require retailers to verify photo identification before a sale, the presenter said.

The board’s recommendation follows months of education and consultation with the city attorney and the police department. The draft adapts language from other local ordinances and specifically would amend the city’s existing municipal code subsection listed as 183-23 to add a “Hemp-derived cannabinoid regulations” provision. It lists a nonexhaustive set of intoxicating cannabinoids (including delta-8, delta-10, HHC and others) and excludes nonintoxicating CBD. The draft also proposes a 750-foot radius measured along walkways or roadways from a youth-serving site’s main entrance to any new retail premises that would sell these products; the prohibition would not apply to businesses that were selling such products on the ordinance’s adoption date.

Ellen Henry, who presented the draft to the board, told members the city attorney saw no issues with adopting language modeled on a Wood County ordinance and other local examples. Henry said state legislation has been introduced but is not yet in force and that Franklin can act now at the municipal level to limit youth access.

Board members then moved and approved a motion to recommend the draft ordinance forward to the Common Council for further review and formal action. The motion passed unanimously at the Oct. 13 meeting; the board indicated penalty provisions and final technical edits would be finalized with the police department and city attorney prior to council consideration.

The board did not approve a final local ban; the presenter said an outright municipal prohibition is not feasible under current state law because many hemp-derived products fall under the state’s hemp statute. The draft’s stated approach is to limit youth access through age restrictions, retail-age verification, and siting limits for new retailers.

What’s next: The board’s recommendation sends the draft ordinance to the Common Council, where councilmembers will consider the measure, review penalty language and technical edits, and decide whether to adopt, amend or reject it. The board did not set a council hearing date; any formal adoption would follow the council’s public process.