New vape stores face possible moratorium in Ashland

ASHLAND — Interest from entrepreneurs who want to open vape stores in Ashland have officials considering a moratorium on such establishments. 

“We are hearing from these folks almost weekly, wanting to open up new shops here in Ashland,” said Ashland Mayor Matt Miller. 

Vapes, also called e-cigarettes, are battery-operated devices that people use to inhale a vapor that typically contains nicotine and flavorings, according to the National Institutes of Health.

Currently, there are four vape stores operating in Ashland.

Another — Flash Vapes — plans to open at a storefront on Claremont Avenue next to Dunkin Donuts in the near future. City records show the owner received a “certificate of plan approval for non-residential construction” on April 30.

Another store is in the works, records show. Ashland Smokers Outlet awaits approval of a “change of use” application, an application the business owner has yet to submit. 

The change of use application is necessary because the business owner wants to “put the vape store in the garage bays of the former service station” located on the 1102 E. Main St. property, said Ashland City Engineer Shane Kremser. 

Should those two vape stores gain all the necessary approvals, Ashland would have six operational vape stores within a two-mile radius.

The reality has officials worried about the distribution of products containing synthetic tetrahydrocannabinol derived from hemp, also known as delta-8 THC.

“We’re having conversations whether or not we should pass a moratorium in regard to any new vape shops coming into our community for maybe a 12-month period,” Miller said. 

The mayor said he’s heard that many vape shops “are selling vapes that contain high levels of THC.” He suspects the interest from vape store entrepreneurs is related to Ohio’s passage of State Issue 2 in November. 

A moratorium, he said, would buy Ashland time to change zoning laws for these establishments that would limit their proximity to schools and “facilities that entertain young people.” 

A moratorium also gives local and state governments time to “put together rules and laws regarding the use of delta-8 and synthetic marijuana,” he said.

What’s delta-8?

Delta-8 THC is chemically similar to delta-9 THC, the more potent psychoactive component in cannabis products. In fact, delta-8 THC is known in cannabis culture as “diet weed” because of its subdued psychoactive effect.

The compound has been federally legal since 2018. That’s when federal lawmakers adopted provisions of the Hemp Farming Act into the farm bill, which legalized industrial hemp that has THC concentrations of no more than 0.3% by removing it from schedule I of the Controlled Substances Act.

Despite its federal status, delta-8 it has been banned in 17 states and restricted in another seven, according to the National Cannabis Industry Association, an industry body based in Washington, D.C.

The Food and Drug Administration states delta-8 THC a “psychoactive substance found in the cannabis sativa plant, of which marijuana and hemp are two varieties.” It’s one of more than 100 cannabinoids produced naturally by the cannabis plant “but is not found in significant amounts in the cannabis plant.

“As a result, concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD),” an FDA factsheet states. 

Gov. Mike DeWine, in January, called for state legislators to “regulate intoxicating hemp to prevent its sale to children.” 

The governor said “rogue chemists” are changing hemp to extract delta-8 THC and then marketing the products in stores as “candy, cereal, gummy candy and other products that are attractive to children.” 

Are moratoriums the answer?

Passing a 12-month moratorium on new vape stores that want to set up shop in Ashland would buy the city time to develop proximity rules and zoning regulations. But it wouldn’t stop the sale of delta-8 products, said Madison Lindecamp, a manager at Puckerfish Vape in Ashland.

“Vape stores aren’t the only places that carry those products anymore,” Lindecamp said.

Lindecamp, 23, of Ashland, said gas station convenience stores also sell the very products governmental officials are concerned about.

“Punishing (vape stores) doesn’t really solve anything,” he said, adding a moratorium might even help attract more customers to existing stores that carry the products.

“People are using it for nerves or pain or anxiety or stuff like that. I don’t see people coming in here to sell it or something. Most of them are using it because they have a need for it,” he said.

Delta-8 and other similar products, even e-cigarettes, are currently available in gas stations and convenience stores all around Ohio — Ashland included.

“I understand them trying to put a stop to minors getting ahold of it. But … there’s really no way to put an end to it,” he said.

Too close to the kids?

It’s a sentiment that resonates with Ashland City At-large Councilman Dan Lawson.

He said constituents contacted him with concerns about Vapor Store and More. The store is located at 1111 Claremont Ave. in the former Family Video building. 

“They were wondering if the store was too close,” he said. “Too close to Taft (Intermediate School).” 

The store faces Claremont Avenue, but shares a corner lot with Smith Road. Google Maps shows the two buildings are within a four-minute walk of each other.

“There are cartoon characters from Star Wars and other cartoon characters in the window displays,” Lawson said. “That’s targeting children — that’s the main concern.” 

There’s no law against signs targeting children — at least in Ashland — but there is an ordinance against too much signage. 

The concern, therefore, prompted the city’s engineering and building department to draft and send a letter to the business on April 22. 

The letter stated the store was “in violation of the codified ordinances of the City of Ashland” for excessive window signage.

It cited the city’s ordinance that allows window signs to be used on commercial and industrial businesses, but not more than 25% of the window area.

Kremser, the city’s engineer, said Vapor Store and More complied with the signage requirements. Complying meant avoiding a minor misdemeanor charge and $100 fine.

Vapor Store and More’s owner declined to comment for this story.

Delta-8 status in Ohio

For now, the compound is legal. But delta-8’s fate likely depends on state legislation surrounding recreational cannabis.

Both the Senate and House have submitted proposals that would amend certain aspects of what Ohioans passed in November. The Senate approved its proposal and it has the backing of Gov. Mike DeWine. The House, however, hasn’t touched the law.

The House proposal is still under preliminary review by a House committee.

Sen. Steve Huffman (R-Tripp City) drafted a regulatory proposal concerning delta-8. It would restrict the selling of delta-8 only by licensed marijuana retailers to of-age consumers.

The conversation surrounding delta-8, both at the state and local levels, comes at a time when state regulators are preparing to accept applications for adult-use dispensaries.

Applications for medical marijuana dispensaries interested in also selling recreational cannabis are to be published by the Division of Cannabis Control by June 7.

Some state officials have said dispensaries for adult-use cannabis could open by mid-June.