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Oxford City Council Repeals Previous Ordinance to Enforce Stricter Ban on Cannabinoid Products and Synthetic Substances

Oxford City Council

Oxford, AL – The Oxford City Council held its regularly scheduled work session and city council meeting on November 12th, 2024. 

 Work Session

The work session covered a range of topics, including updates on ordinances, resolutions, and ongoing projects. Here are the main points discussed:

Ordinances:

  • Rezoning Proposal: The council discussed a proposal to rezone residential property, with input from Christy and Ginger.
  • Annexation: The annexation of land on Mitchell Road was reviewed.
  • Repealing Ordinance 30: The ordinance regulating the sale of cannabinoids (manufactured drugs) was repealed to allow for more detailed revisions.

Resolutions:

  • Fire Hydrant Installation: The council approved the installation of a fire hydrant on Final Boulevard, with the city covering only the annual maintenance fee. The installation costs will be covered by the requesting party.
  • One-Time Pay Raise: A one-time $75 raise for city employees was approved.
  • Council Meeting Change: The December 25th council meeting was rescheduled to December 17th to avoid a conflict with the holiday.
  • Online Municipal Code Hosting: An addendum was approved for online hosting of the municipal code through Civic Plus LLC.
  • Sewer and Gas Line Issues: An update was provided on the Mitchell Road project, resolving the gas line issue, and confirming progress on the sewer system installation.
  • Property Cleanup Concerns: A resident raised concerns about overgrown lots on Spring Street, including their own property. The council is investigating potential assistance depending on the location of a proposed modular home.
  • HVAC Project Update: Randy from Horton Engineering provided an update on the HVAC project for Sofax, noting delays in equipment delivery. The city is considering options to meet tight deadlines.

The meeting also featured a presentation from SuperNova Energy, which offers EV charging stations and commercial solar installation at no cost to businesses, churches, and other entities with parking lots. SuperNova covers installation, maintenance, and repairs, and offers a 50-50 net profit split from the energy generated. Their projects support grid stabilization and clean energy, including international efforts in Ethiopia. They also work with major clients like Disney World and the U.S. Air Force. Local businesses can receive a revenue projection within 30 days after submitting property details.

Overall, the council addressed various city operations, including development projects, property maintenance, and fiscal adjustments.

City Council Meeting – A summary of the Oxford City Council meeting held on November 12th, 2024

  • Call to Order and Invocation
      • Councilwoman Hubbard – Present
      • Councilman Gardner – Present
      • Councilman Waits – Present
      • Councilman Henderson – Present
      • Councilman Spurlin – Present
  • Welcome/Invocation
  • Pledge of Allegiance
  • Approval of Minutes of October 22, 2024
  • Old Business
  • New Business
    • Public Hearing – to consider a zoning request from Gerald Grizzard to rezone property located at 214 Old Highway 202 from Residential 1 District (R-1) to Residential 2 District (R-2) – No comments
    • Ordinance No. 2024- 31 – Ordinance rezoning property located at 214 Old Highway 202 from Residential 1 District (R-1) to Residential 2 District (R-2) – Unanimously Approved 
    • Ordinance No. 2024- 32 – Ordinance annexing the property of Georgiana Roberts, 170 Mitchell Road, Talladega County. – Unanimously Approved 
    • Ordinance No. 2024- 33 – Ordinance repealing Ordinance No. 2024-30 and prohibiting and controlling manufacturing, marketing, distribution and sale of certain Cannaboid-Based products and synthetic substances affecting the public safety, health and welfare of the citizens of Oxford, Alabama, and providing a penalty for violation – Unanimously Approved 
    • Consent Agenda – Unanimously Approved 
      • Resolution No. 2024- 103 – Resolution authorizing the installation of a fire hydrant on Bynum Boulevard adjacent to Kronospan by the Anniston Water Works and Sewer Board
      • Resolution No. 2024 – 104 – Resolution granting a one-time $75.00 pay raise for City employees in the month of December, 2024.
      • Resolution No. 2024- 105 – Resolution changing second Council Meeting date of December, 2024 to Tuesday, December 17, 2024, at 6:30 p.m.
      • Resolution No. 2024- 106 – Resolution authorizing the Mayor to execute a Statement of Work and Addendum 1 with CivicPlus, LLC for annual online municipal code hosting and supplement services.
  • Resolution seeking approval for an emergency bid for HVAC equipment for the Oxford Women’s Arts Centre of $450,000. – Unanimously Approved 
  • Council Comments/Reports
    • Councilman Mike Henderson expressed gratitude for all veterans, emphasizing the importance of recognizing their service and sacrifices, Cparticularly on Veterans Day. He noted that veterans often face challenging circumstances, including relocating their families and being on call at all times, and acknowledged the risks they endure. Henderson also highlighted the nation’s responsibility to remember and celebrate veterans. Additionally, he praised the success of the recent Halloween event in downtown, thanking the community for their participation, and mentioned the upcoming event starting on November 26th.
  • Mayor’s Comments
    • The Mayor praised the success of the recent Halloween event in downtown, thanking the community for their participation, and mentioned the upcoming event Christmas light event starting on November 22nd.
  • Visitors
    • Alyssa Cheatham, representing a local store, inquired about the recent repeal of an ordinance and whether a new one could be presented to prohibit the sale of certain items. She mentioned that the state is working on a statewide ordinance to address the issue of preventing harm from the overuse of substances, particularly pharmaceuticals. She noted that the police chief had advised that this effort is in progress. Cheatham asked if there was a timeline for when the new ordinance might be implemented.
    • Trent Baldwin, a local resident, expressed concerns about the ordinance aimed at reducing substance abuse. He argued that banning products does not address the root causes of abuse, as individuals intent on misusing substances can still find illegal alternatives. Baldwin emphasized that safety measures should not restrict lawful businesses and questioned the logic of the ordinance, comparing it to banning NASCAR due to car accidents. He stated that once products leave the store, it is out of their control, and banning legal sales would only push consumers toward illegal options, which he deemed unreasonable.
    • Council President Chris Spurlin acknowledged the concerns raised but argued that, like alcohol sales in bars, there should be accountability in selling products that could be abused. He emphasized that the lack of regulation creates no accountability, and even one life lost is too many. Spurlin suggested that just because a product is legal doesn’t mean it should remain so, especially if it alters behavior to a dangerous extent. He stated that the goal is public safety and confirmed that the repeal of the ordinance was to address the issue at the state level, with further legal action to follow.
  • The ordinance that was repealed was passed at the last council meeting. The details of the ordinance applealed are below:
    • Ordinance 2024-33 was passed by the City Council of Oxford, Alabama, to repeal the previous ordinance (2024-30) and impose stricter regulations on certain cannabinoid-based products and synthetic substances. The primary goal was to address the growing public health and safety concerns regarding the sale and use of these products, particularly among the youth.

      Key Provisions:

      1. Definitions:
        • Purveyor: Any business within the city, licensed or unlicensed, selling the substances.
        • Synthetic Substance: Any substance designed to mimic controlled substances, potentially leading to abuse.
        • Cannabinoid: Includes all parts of the cannabis plant, its seeds, resin, and any derived products.
        • Schedule Substances: Controlled substances listed by the Alabama Department of Public Health.
      2. Prohibited Substances:
        • Synthetic substances that are not yet controlled but may have abusive potential.
        • Products with more than 0.3% THC content, in violation of federal regulations.
        • Substances violating U.S. federal or Alabama state laws.
      3. Prohibitions:
        • Manufacturing, distributing, selling, or possessing prohibited substances is illegal.
        • Penalties for violations include fines up to $500 and up to 10 days of jail time for the first offense, and fines up to $1,000 and up to 30 days in jail for a second offense.
        • After a first violation, purveyors will receive a notice to cease and desist, with daily penalties for continued non-compliance.
        • A second violation could lead to the seizure of products and permanent revocation of the purveyor’s business license.
        • Suspected illegal products must be tested at the purveyor’s expense.
        • Certain federal and state regulations (e.g., FDA approved drugs and medical marijuana) are exempt.
      4. Marketing Restrictions:
        • It is prohibited to market cannabinoid products using terms like “candy,” “cake,” or other child-friendly imagery.
        • These products must be displayed out of the public view and not sold to anyone under the age of 21.
      5. Enforcement:
        • Violators are subject to fines, penalties, and the possible suspension or revocation of their business licenses.
        • The ordinance allows for the seizure of contraband products by the Oxford Police Department.
      6. Additional Clauses:
        • The ordinance overrides any conflicting ordinances.
        • It includes a severability clause, ensuring that if any part is found unconstitutional, the rest remains valid.
        • The ordinance will take effect 30 days after passage.

      This ordinance was approved on November 12, 2024, with the intent to protect the health, safety, and welfare of the citizens of Oxford by regulating harmful substances that could be abused, especially by minors.

 

Motion to adjourn (next regular Council Meeting, November 17, 2024)

 

Oxford City Council  Oxford City Council

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