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Law director: home-grown marijuana must be fully secured under recent rules; neighbor to receive warning letter
Summary
At a Feb. 25 caucus meeting, Struthers' law director said recent legislative language and her review indicate home cultivation must be fully enclosed — including a roof — and that a neighbor will receive a warning letter after an odor complaint.
The law director told the Struthers City Council caucus on Feb. 25 that she has investigated a resident complaint about odors from home-grown marijuana and has sent, or will send, a letter to the neighbor advising that the growing area must be fully secured with walls and a roof.
The council heard that the law now reads in a way the law director interprets as requiring plants to be kept in a greenhouse, closet, or other secured area that is not accessible to people under 21 and not visible from public areas. "I am sending out a letter to the neighbor, letting the neighbor know that in my opinion, the area that is where the plants are needs to be fully secured with not only walls, but also a top," the law director said. She added that when the law first appeared there was uncertainty about interpretation but that changes now point toward the need for a roof or top.
Council members pressed on practical enforcement: the law director said odor alone would not necessarily lead to enforcement action. "For that to be enforced, it basically gonna have to be neighbor reporting a neighbor pretty much," she said, and added that police may act if officers notice a violation during calls. She warned that penalties for noncompliance can vary by amount involved and could range from a minor misdemeanor to a second-degree felony in higher-quantity cases.
The law director also referenced a local case she recalled involving Lansdowne and Youngstown in which a court of appeals found that singling out a particular property or classification could be improper; she said she would review that authority before recommending more targeted local restrictions. Council members noted parallels to local dangerous-dog enclosure rules but observed those requirements are rarely seen in practice and can be difficult to enforce.
The immediate next step recorded in the caucus was the law director sending the written notice to the neighbor and monitoring for follow-up complaints or police reports; the council did not take a formal enforcement vote during the meeting.
