The issue of whether Troy will set local medical marijuana regulations remains unresolved after City Council on Monday failed to support a proposed ban on cultivating, processing and dispensing medical marijuana.

Council needed a super majority of seven of nine members to support a ban because the proposal went against the city planning commission’s recommendation for action.

The commission recommended allowing up to five dispensaries in business districts outside the central business district and the historic district.

A majority of council voted to amend the proposal to include a total ban at its Nov. 7 meeting.

Five members voted Monday to support a total ban while four voted against. Those voting for were Brock Heath, Robin Oda, John Terwilliger, Bill Twiss and Tom Kendall. Voting against the total ban were John Schweser, Bobby Phillips, Doug Tremblay and Lynne Snee.

Heath said before Monday’s vote that the ban would not mean someone who had a prescription for medical marijuana couldn’t use it in the city.

City resident Amy Shannon, who previously spoke to council about her health struggles and the benefits of medical marijuana, again urged council Monday to allow dispensaries in the city.

“We should not be cutting off our nose to spite our face,” she said.

Resident Lester Conard urged council to “have compassion” for those who experience pain others cannot understand.

With the vote, the issue of medical marijuana regulations will return to the planning commission, probably in December, said Patrick Titterington, city service and safety director.

Council likely will be asked in coming weeks to approve another moratorium on medical marijuana businesses in the city while local regulations are explored. The state law allowing medical marijuana went into effect in September. It allows local governments to limit or prohibit medical marijuana cultivation, processing and dispensing. Council in July imposed a 180-day moratorium.

In other business Monday, council held a public hearing on a proposal to vacate an alley between Wet Main Street and West Water Street. The alley runs between the county Safety Building and the Masonic Building. No one spoke in favor or against the proposal.