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Law OHIO MMJ

"The law launching in September 2018 doesn’t allow smoking." More fucking idiots.

Ohio Picks 2 Vendors to Ramp Up Medical Marijuana System
COLUMBUS, Ohio (AP) — A pair of vendors has been selected to develop Ohio’s seed-to-sale, medical marijuana tracking system and its online licensing system.

The Ohio Department of Commerce said Tuesday that it competitively selected Metrc, a Franwell company, to develop and build the program’s digital tracking infrastructure. Metrc received a $1.2 million contract to build an integrated system for tracking medical marijuana through cultivation, processing, testing and sale.

Persistent Systems Inc. won a $574,000 contract to design and build the e-licensing system for tracking the Ohio licenses required of marijuana growers, processors, testing labs and their employees.

Ohio’s law allows people with 21 medical conditions, including cancer, Alzheimer’s disease and epilepsy, to buy and use marijuana after getting a doctor’s recommendation.

The law launching in September 2018 doesn’t allow smoking.
 
Always wanted to open a Dollar Store in OH? Well, bag that and apply for a dispensary license....much more fun products. LOL

Ohio Rolls Out Dispensary Application Forms
November is shaping up to be a busy month for the Ohio Medical Marijuana Control Program (OMMCP).

On Tuesday, the state announced it will start dispensing cultivation licenses in November and will begin accepting applications for Ohio’s 60 medical marijuana dispensaries on Nov. 3.

The dispensary application process is open to candidates through Nov. 17. On track to reach full implementation of its medical marijuana program by September 2018, Ohio’s dispensary application instruction form is now available online.

Distributed evenly throughout Ohio, the 60 dispensaries licenses will be allocated throughout four regions based on several variables.

Ohio_Medical_marijuana_regions.jpg

Ohio Medical Marijuana Regions

A costly venture, state law requires potential dispensary owners pay a nonrefundable $5,000 application fee, a $70,000 certificate of operation fee, and have $250,000 in reserve to cover their first year of operational expenses.

And protecting the intellectual property rights of Ohio’s cannabis entrepreneurs, the state has also provided a “Trade Secret Form” for potential applicants: “Applicant understands that materials consisting of trade secrets must be clearly marked, specifying the pages of the application question, attachment name related to the material that is to be restricted and justifying the trade secret designation for each item.”

Somewhat ambiguous, the Ohio Public Records Act doesn’t identify what can be labeled a “trade secret,” but is thought to be specifically related to unique marijuana products.

The dispensary application form is an intimidating 40-page behemoth. As such, the state has arranged for two instructional online Q&A sessions from September through October to help would-be applicants navigate the OMMCP model dispensary application process.

For the creation of Ohio’s four dispensary districts, the agency examined existing rules and regulations established in other state programs, Ohio’s potential patient population, and access to Ohio’s major highways and byways. After much contemplation, Ohio’s Northwest region was awarded 10 dispensaries; the Northeast region received 18 dispensaries; the Southeast received 17 dispensaries, and the Southwest received 15 dispensaries.

Northwest Dispensaries
Ohio_Medical_marijuana_Northwest_region.jpg

Ohio Northwest medical marijuana region

Northeast Dispensaries
Ohio_Medical_marijuana_Northeast_region.jpg

Northeast Ohio medical marijuana region

Southeast Dispensaries
Ohio_Medical_marijuana_Southeast_region.jpg

Southeast Ohio medical marijuana region

Southwest Dispensaries
Ohio_Medical_marijuana_Southwest_region.jpg

Southwest Ohio medical marijuana region

While the passage of HB 523 legalized the use of medicinal marijuana in Ohio, it still prohibits any smoking or the home-cultivation of medicinal cannabis.
 


Ohio Picks 11 Smaller Growers for Medical Marijuana Program


COLUMBUS, Ohio (AP) — Ohio has chosen its first 11 growers for its medical marijuana program, but it could be months before they can start their first crop.


The smaller growers announced Friday by the Department of Commerce would cultivate up to 3,000 square feet. That’s a small portion of the anticipated cultivation. Up to a dozen larger growers for sites up to 25,000 square feet are expected to be announced later this month.


RELATED STORY
Ohio’s Aspiring Cannabis Growers: A Closer Look

The 11 chosen growers applied for sites in Butler, Clinton, Fairfield, Franklin, Lorain, Lucas, Meigs, Montgomery, Portage, Stark and Summit counties. Two companies applied for multiple locations and must decide on one.

These companies will get provisional licenses but can’t immediately begin growing cannabis. They must first get their businesses operational and have a state team visit their facilities.


RELATED STORY
The 10 Most Beautiful Cannabis Dispensaries in America

Level II Cultivator Provisional License Recipients
  • Score – 178.92 Fire Rock Ltd. (Columbus, Franklin County)
  • Score – 178.92 Fire Rock Ltd. (Canton, Stark County)
  • Score – 178.92 Fire Rock Ltd. (Arkon, Summit County)
  • Score – 176.76 FN Group Holdings LLC (Ravenna, Portage County)
  • Score – 172.00 Mother Grows Best LLC (Canton, Stark County)
  • Score – 168.76 OhiGrow LLC (Toledo, Lucas County)
  • Score – 168.76 Ancient Roots LLC (Wilmington, Clinton County)
  • Score – 160.56 Ohio Clean Leaf LLC (Dayton, Montgomery County)
  • Score – 160.56 Ohio Clean Leaf LLC (Carroll, Fairfield County)
  • Score – 157.08 Ascension BioMedical LLC (Oberlin, Lorain County)
  • Score – 156.60 Agri-Med Ohio LLC (Langsville, Meigs County)
  • Score – 154.56 Paragon Development Group LLC (Huber Heights, Montgomery County)
  • Score – 151.28 Hemma LLC (Monroe, Butler County)
  • Score – 148.92 Galenas LLC (Akron, Summit County)
 
The Grassroots Goes Down: Inside Ohio’s Corrupt Medical Marijuana Rollout

Author’s note: After writing a four-part series about the cartel-like cannabis takeover happening in Florida, I had many people reach out to me suggesting I look into what was happening in Ohio. I received a small research grant from the Ohio-based Cannabis Museum (owned by Don E. Wirtshafter) to visit the state, conduct interviews and take the needed research time to get it right. The Cannabis Museum grant was accepted on the condition that Wirtshafter would have no influence over the content in any way, especially because he is a key player in this narrative. At first, I thought I could write this and move on in a couple weeks, but what is happening in Ohio is so important, historic and complicated that it merited a much deeper dive. What you are about to read summarizes a complex web of infighting and greed that turned lifelong friends and advocates into bitter enemies and laid the groundwork for a corporate takeover of this industry before a seed ever legally goes into the ground. What has happened in Ohio is happening everywhere in the United States right now. This same pervasive strain of greed has contributed to an economy leaving many Americans behind and fueling other deeper tensions, and now all but the wealthiest are about to be shut out of one of the nation’s largest growth industries. These articles are just scratching the surface; there are plenty more wormholes yet untraveled, and I hope other journalists who are willing to sort through all the muck will be supported to continue the research and documentation needed as this multi-billion industry moves above board.

***

No matter how divided the United States is, Americans of nearly all demographics support marijuana law reform. One reason legalization continues to spread, state-by-state, is the promise of economic opportunity. But, as cannabis moves from the fringe to the forefront of the American economy, wealthy investors have rushed to shape the market and they are quickly eliminating opportunities on Main Street in favor of concentrating more wealth on Wall Street.

“Ohio is a battleground state. It’s used to the politics of politics, the backbiting and animus,” says Ian James, the founder of the 2015 ResponsibleOhio campaign.

Had James succeeded, ResponsibleOhio would have made Ohio the first state in the nation to skip medical marijuana and go straight for full legalization, but met massive resistance from marijuana supporters because only a handful of wealthy investors could grow all the pot. After it failed, the Republican-led state legislature pushed a medical marijuana bill through both chambers faster than any other state, under duress. The most successful marijuana law reform group in the nation, Marijuana Policy Project, was threatening to put an initiative on the 2016 presidential ballot in the crucial swing state. Ultimately, Ohio legalized medical marijuana in 2016 and today is rolling out a law heavily influenced by the wealthiest opponents to nationwide drug law reform. Ohio is getting the cultivation “monopoly” it voted down anyway, and although only 24 wealthy investment groups will now be growing Ohio’s medical marijuana, the excitement has already drawn hundreds of applicants and millions of dollars in investment.

While the biggest impediment to the industry is federal law, the dizzying landscape of state-by-state regulation has created boundless opportunities to concentrate wealth, while activists and patients who risked their health and freedom to change minds and policy are left in the dust.

Of the states with some form of legal cannabis commerce, no state better reflects the power struggles of the national industry as a whole than Ohio. Since the early 1800s American reporters have used the phrase, “As goes Ohio, so goes the nation” to describe the political impact of the state, which has demographics that almost perfectly mirror the nation at large. Despite Ohio being one of the first states to decriminalize possession of marijuana in 1975, and despite consensus support that has grown among citizens for all uses of cannabis, Ohio is one of the most complicated places to make legislative change. That’s because of all the well-funded special interests at play in this important swing state, and they are all scrambling for their share of the legal pot.

At the center of it all is a growing body count as the national opiate epidemic has hit Ohio harder than any other state.

Governor John Kasich, who has been campaigning to become president of the United States for the last three years, has employed an expensive law enforcement-heavy response that has not only failed to combat the problem, but is likely making it worse and killing more people. Now, President Trump is taking the Ohio strategy national and the international corporations that have profited off the epidemic and share in the federal money the state receives to combat it have been given the most say in drafting the state’s corrupt and restrictive marijuana policy. In the meantime, not a single patient has yet to receive legal access to cannabis despite it being non-lethal and growing all around them.

Ohio’s Tangled Grassroots

Some of the biggest money and most influential cannabis activism in the nation has come out of Ohio, but despite Ohio’s proximity to the money and influence in marijuana reform, its activist community has long been mired by infighting and lawsuits, making national organizations wary of working in the state and the path to the ballot elusive.

Ohio native and billionaire heir and CEO of Progressive Insurance, Peter Lewis, was one of the largest single financiers of cannabis legalization until his death of natural causes in 2013. Through a series of grants starting in 1998, Lewis was the primary funder of the Marijuana Policy Project (MPP), the most effective cannabis policy reform organization in the world. In the 1990s, Lewis was turned on to the cannabis reform movement by his nephew, Don E. Wirtshafter. Wirtshafter is an Athens, Ohio-based attorney and has been a drug war reform activist for over 40 years. He was an early pioneer in the hemp industry and marijuana law reform movement; he founded the Ohio Hempery and over the last 40 years has been involved in either the creation or oversight of many of the country’s leading cannabis and drug war reform groups, including the Media Awareness Project (MAP Inc, aka Drug Sense), the National Organization for the Reform of Marijuana Laws (NORML), The Hemp Industries Association, and, in his home state of Ohio, the Ohio Rights Group.

In the 1990s, Wirtshafter helped Drug Sense secure funding from Lewis and volunteered his services as an attorney for the organization. Drug Sense is a non-profit that got its start in the early days of the internet making digital communication tools like websites and e-mail lists for drug policy reform groups.

Both Drug Sense and MPP were essential parts of the formation of Ohio’s activist community and its divisive history.

In 2007, Wirtshafter and other activists formed the Ohio Patients Network (OPN) with the goal of influencing a medical marijuana bill in the state legislature. OPN was organized through Drug Sense and funded by a series of grants from Lewis via MPP, which allowed it to hire a lobbyist and part-time director. The member-based organization grew to 150 people, but to comply with campaign fundraising law, was forced to split into two organizations: OPN, a 501(c)3 educational non-profit and the Ohio Patients Action Network (OPAN), a 501(c)4 political action committee.

Shortly after splitting in two, factions in OPN and OPAN began to turn on one another. “Troll” attacks in communication forums and social media led to a battle for control of the group’s’ assets. Both groups ultimately lost the funding from Lewis and the ability to influence state legislation.

“We can continue to fight amongst ourselves and destroy each other and Ohio reform in the process,” Drug Sense board member and former OPN member Mary Jane Borden wrote in a 2008 email about the fallout from the infighting. “We will lose funding for any future bill, even if it is a perfect one, and we will be overlooked… We can continue to embarrass, harass, threaten, coerce, defame, and even place one another under even greater risk of scrutiny, arrest, or prosecution. We can engage in escalating campaigns of Mutual Assured Destruction towards what end?”

Little did Borden know, the drama in Ohio’s activist community was just getting started.

The OPAN faction, led by Miami Valley NORML (Cincinnati) founder Rob Ryan, ultimately took over the larger group. The now-estranged OPN faction, led by Wirtshafter, Borden and others morphed through iterations but ultimately became the Ohio Rights Group (ORG). ORG would bring meaningful cannabis policy closer to the ballot than any other grassroots group in the state’s storied history.

The only consistent officer in the history of the ORG is its current president, Mary Jane Borden. Borden says she first became interested in cannabis activism in 1971 when she read Charles A. Reich’s influential book The Greening of America. She says the book guided her towards anti-corporate, pro-cannabis and environmental activism. From 1982 until 1991, she worked as an analyst for Adria Laboratories, then the largest producer of anti-cancer drugs in the United States. There, she says she provided ongoing analysis of the global drug market. Adria collapsed in 1992 and Borden spent the next few years focusing on her family.

In 2000, Borden reached out to Mark Greer, the executive director of Drug Sense, and officially started working for the organization alongside Wirtshafter. They established a close friendship and support system that endured for years. Today, both are still board members of Drug Sense, but both make it clear they no longer speak with one another.

In January 2010, what would become The ORG was founded as Medical Cannabis of Ohio, or “MedCann”, in the home of Columbus attorney Bob Fitrakis by Fitrakis, Wirtshafter, Borden and others. MedCann gained new leadership in early 2011 and was rebranded the Ohio Medical Cannabis Association (OMCA). Their first attempt at a ballot initiative was rejected by the state attorney general in September 2011 due to problems with the language, so they developed a new approach.

Instead of trying to write a medical cannabis program directly into the state constitution, they decided to base their language on enshrining the rights of citizens to use, possess and grow cannabis into the constitution while giving the state power to regulate and tax the commercial industry as it sees fit. The Ohio Cannabis Rights Amendment (OCRA) was born.

The rights-based language was unique in the national cannabis legislation landscape and earned praise from Richard Lee, the author and financier of California’s Proposition 19 and owner and founder of Oaksterdam University, the industry’s first trade school. Prop 19 would have made California the first state to legalize marijuana in 2010, but failed by a slim margin. For Ohio activists, Lee’s endorsement was a pivotal push of legitimacy on the OCRA’s path to the ballot.

“Imagine Election Day 2012. All eyes are trained on Ohio— a perennial swing state during a high profile presidential race,” Lee wrote in a message to the group. “Five million voters affirm the right to use cannabis as medicine. This may represent one of the strongest statements that cannabis reform has ever had the opportunity to make. I ask all Ohioans and reformers to stand with me, stand together and stand up for the right to use cannabis as medicine. Support the Ohio Medical Cannabis Amendment and help get it on the ballot in the fall.”

Lee’s vision never came to fruition, the group failed to qualify for the 2012 ballot and underwent a change of leadership, although the rights-based language remained approved for circulation. Shortly after, because of the use of the word “cannabis” in the PAC’s title, Chase Bank shut down their account.

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Mary Jane Borden and John Pardee of the Ohio Rights Group
In January 2013 they reformed as the Ohio Rights Group (ORG) and began collecting signatures for the OCRA with a goal of placing it on the 2014 ballot. With an all-volunteer force, the ORG says they collected nearly 150,000 of the necessary 305,000 signatures needed to qualify for the ballot, though the validity of the signatures collected was never formally verified.

In Ohio, if an approved ballot initiative petition does not make an upcoming election, petitioners can roll signatures over to the next election, and the next, until they successfully collect enough to make the ballot. The ORG was making progress, and if not for 2014, they were confident they could collect what they needed to get the rights-based language on the ballot in the pivotal 2016 presidential election.

“It would have been a tight call [for 2014], but if we had a million dollars we could have done it,” said Borden. “We didn’t know those guys [ResponsibleOhio] were forming in the background.”

As the ORG was picking up steam, it picked up new leadership as well to execute the initiative and vision; John Pardee, David Bruno and Lissa Satori. The ORG came out swinging in 2013, garnering national media coverage for their fundraising efforts, which they hoped would help them to secure the money needed to hire professional signature gatherers and make the ballot.

Cheryl Shuman’s “Coming Home” Tour

A year prior to ORG, John Pardee reached out to what was then the Ohio Medical Cannabis Association to introduce himself and volunteer his help to the OCRA signature gathering efforts. Pardee, an environmental consultant, had a lot to offer the group. He said he had worked on John Kerry’s presidential campaign in 2004 and as an Ohio county coordinator for former President Barack Obama’s 2008 race. Pardee and his wife Linda became cannabis activists because of their son, Jason, who they described as a “master grower in exile in California.” Jason survived a serious car accident and now suffers with chronic pain.

“[My son] was prescribed opiates, he is a lifetime pain management patient because of his injuries. He started having a lot of severe reactions to opiates and using cannabis medicinally. Prior to that he was using it for fun, but he started taking it more seriously as medicine [after the accident]. It bothered me as a father that my son was using cannabis daily. I thought he had a habit or a problem. We had a lot of debates and I looked into the science behind it and was enlightened to the truth,” Pardee said.

Jason moved to Southern California to grow and use cannabis and stay off painkillers. Pardee said he wanted to fight to get it legalized so his son could come home. More importantly, Pardee said his son had developed a “passion for helping sick people” and it was his goal to grow for the Ohio medical market.

When Pardee stepped up to lead the ORG in early 2013, Wirtshafter relocated to Washington State to start a business under the state’s new legalization law. He became “somewhat estranged” from the group, although still included in board communications.

The OCRA was approved for circulation in May 2013 and Pardee began to manage all of the operations of the ORG, with a focus on generating media coverage that could lead to needed financing. Over the summer, he had seen Cheryl Shuman, a well-known pro-cannabis PR and media spokesperson, on ABC’s “The View” promoting the story of an activist mother from Idaho named Lindsey Rinehart. After watching Shuman on TV, Pardee learned she was from Ohio and reached out for help.

Shuman, who refers to herself in the media as the “Martha Stewart of Marijuana” agreed to headline a 10-day multi-city tour in October 2013. Shuman says she was willing to do what it took to support the ORG because she wants to be able to travel to see her aging father without fear.

“These are the people who need it [cannabis] the most,” Shuman says of her hometown of Portsmouth.

Portsmouth, which sits on the north side of the Ohio River across from Kentucky, is one of the most economically devastated regions in the nation and a center of the opiate epidemic. In her early twenties, Shuman left the Appalachians and moved to Los Angeles where she made connections in film and television and married former Fox News and “Extra” anchor Phil Shuman. They are divorced, and Shuman has turned her focus on the growing cannabis industry, founding the Beverly Hills Cannabis Club and working with groups like the NORML Women’s Alliance.

When approached by the ORG, Shuman says she jumped at the opportunity, but during the tour she became unconvinced of the ORG’s ability to make the ballot and frustrated that they appeared to support or participate in social media attacks against her. Shuman became increasingly uncomfortable as she says she witnessed cash donations being stored in ORG members’ pockets rather than in a cash drawer with proper accounting.

Shuman says she agreed to do the 10-day tour for free as long as she “had a place to sleep”. In addition, Shuman brought in a corporate sponsor, HempMedsPx, and donated “thousands of dollars” of Beverly Hills Cannabis Club merchandise to sell for ORG fundraising. HempMedsPx donated $2,500 to the ORG in cash and $25,000 more in products to sponsor the tour.

In the middle of the tour, Shuman agreed to appear on the Dr. Phil show and briefly returned to Los Angeles. While she was in California, social media attacks against her were ramping up by longtime cannabis industry blogger Mickey Martin. Shuman and Martin had a long history of disagreement behind them, which culminated in a battle for control of the large online advocacy network Moms for Marijuana. Throughout the tour, it was clear to Shuman that Martin was in communication with people on the ground in Ohio.

When the tour ended, Martin’s attacks increased in the following months and well into the spring of 2014. Pardee leveraged the situation to push Shuman for money in a January 6 email in which he said the ORG would have to drop its “celebrity director of development” because of the online controversies against her unless she brought in at least $10,000 in donations. He said another sponsor had already pledged $10,000 to a $100,000 planned fund that would go towards hiring out-of-work veterans to gather signatures.

“If you can secure any donor to make a similar pledge, that would give us the ability to stand with you during this controversial time. Without any meaningful donors being brought to the ORG through your affiliation, we have no legs to stand on as these donors are aware of the issues floating around about [you]. We would love nothing more than to announce [our] director of development secured us funding well north of $10,000, but that is a good starting point on which we can fight back against the haters. Nobody could fault us for standing with you if you come through in a meaningful way. ...Without a substantial benefactor stepping forward due to your efforts, we have no cover and the ORG will get drawn further into this quagmire, causing more donors to stay on the sidelines.”

Shuman says at that point she started distancing herself from Pardee but did not yet officially resign her position, nor did Pardee request her to step down. Instead, he sent her promotional photos and a biography of himself and suggested she help book interviews for him with her national media contacts.

In January she began collecting documentation for a restraining order against Martin and was surprised to find John and Linda Pardee’s son, Jason, “liking” Martin’s attacks on her. Martin and Jason Pardee are still “friends” on Facebook to present day, although Martin passed away suddenly earlier this year.

According to emails obtained from Shuman, on January 19 she confronted the Pardees about their son’s support of Martin. Pardee replied that he and Linda were using Jason as their “Mickey Martin monitor”, and that he was helping her by stopping an attack from Martin preemptively through Facebook Messenger.

“[Jason] is the one who told me how much Mickey was going after you and how big a following he had. He also told me Mickey started attacking the ORG for our support of you…. My son has told me that Mickey is basically a ‘shock jock’ blogger who feeds on controversy and vulgarity. He’s a hack of a ‘journalist’ who runs with innuendo and never verifies his sources. He is all about inviting hate upon himself. The more hate he generates, the happier he is. Not a guy that would be wise to engage and should be devoutly ignored. Jason is not a Mickey supporter, far from it. He’s an ORG supporter whose [sic] keeping an eye on any and all online chatter that is either good or bad for us. My son wants nothing more than to come to Ohio and ply his trade.”

Martin’s attacks came during the division of the national group Moms for Marijuana, in which Shuman had assumed a leadership role shortly before the fallout. Martin and others who had left or stopped supporting Moms for Marijuana formed a new organization: Parents4Pot.

In December, Pardee had reached out to Parents4Pot co-founder Brandon Krenzler via Facebook Messenger for a direct introduction to Martin. He maintained communications with Krenzler through February 2014, while also maintaining friendly contact with Shuman and pushing for more donations.

Krenzler says he and Martin sent information to Pardee and that he told them on multiple occasions he was dropping her but continued to delay it, so Krenzler and Martin delivered an ultimatum.

“It was us or her, there’s no both. Both of us knew the things he knew and what he was saying,” Krenzler said. “You know how somebody will reveal themselves if you just listen to what they say about themselves? He was saying he had his hands tied because she was from the area and it would jeopardize his success if he stepped away from working with her.”

Krenzler and Martin delivered the ultimatum to Pardee and then Shuman returned to Ohio to confront him in person. He invited her over for dinner to talk and when she felt it had become clear Pardee was participating in the attacks against her, she accused him and other volunteers of pocketing cash on the tour and asked that he turn over an accounting of the cash flow. Shuman says Pardee didn’t deny pocketing money on tour stops, saying that he and his wife had spent their entire life’s savings and had “sold practically everything they owned to run this.”

By early February, Shuman says she told Pardee to take her name off ORG marketing materials, that she wanted nothing to do with him or the group, and for a time the relationship was cut off. Shuman accused ORG members on Facebook of pocketing donations, they maintained in February email threads to the board that they did not and it was not Shuman who dumped them, but it was they who dumped her. Nonetheless, in the late spring of 2014, Pardee reached back out to her one last time looking for help bringing in donors.

“He wanted me to basically buy a board seat on the thing [ORG]. He told me, ‘Cheryl, if you can raise the money we will cut you in and put you in on a board seat. But right now, unless we get a huge infusion of cash, we aren’t going to get this done,” Shuman said. “Pardee was desperate for money, I mean desperate, and desperate people do desperate things.”

Shuman says she declined the offer. In desperation, Pardee cut her in on another secret. Shuman says he told her he was working on a “merge with another group in development,” ResponsibleOhio, led by Ian James of the Strategy Network. Pardee said he had given her contact information to the group and they would be reaching out to her.

Shortly after Pardee’s last communication with her, Shuman says she received a call from Ian James seeking her opinion about the ORG.

“When Ian called me he said they wanted to sell him the signatures and also wanted a board seat on ResponsibleOhio,” Shuman said. “I told Ian what happened, and I think he made a deal with [Pardee] anyway.”

As the 2014 election neared the ORG was still without the cash infusion they desperately needed to make the ballot and ResponsibleOhio was getting ready to steamroll their efforts.

The Slow Unraveling of the ORG

Ian James had been in communications with what was then the Ohio Medical Cannabis Association since April 2012, as they had discussed using his signature-gathering firm The Strategy Network to get the OCRA on the ballot should they get funding. By 2013, they were getting the attention they needed to get closer to the money. That November, a month after the Cheryl Shuman Coming Home Tour, Peter Lewis died at the age of 80-years-old. Lewis’s death was a major blow to the cannabis reform community nationwide, but at home in Ohio, the ORG’s diminishing chances of securing a grant from him were done.

During the ORG’s media tour with Shuman, Pardee’s childhood friend David Bruno reached out to offer his political consulting and fundraising services to help the ORG get funded, make the ballot and run a winning campaign. Bruno offered to include the OCRA on a poll for Todd Portune, then a potential Democratic challenger to John Kasich in the 2014 gubernatorial race.

In January 2014, Pardee promoted Lissa Satori to executive director, a move that would prove to be the undoing of the ORG. Under Satori, the ORG entered into several contracts with Bruno and secured grants from a local philanthropist to pay stipends to Satori, her executive assistant Christina Eldredge, Bruno, and his contact Antoinette Wilson. Wilson was the CEO of a local media strategy firm Triumph Communications and she also happened to be running to chair the state’s Democratic party at the time.

Over the coming months, Bruno would advise the group to its own demise and then advise them the rights-based language was illegal and they should give up entirely.

According to the ORG’s internal accounting, in 2014 the total donations amounted to $65,688, but ORG reported spending $67,029, ending the year with a net income of -$1,342. Satori and Bruno spent nearly all of the funds in just a few short months.

Before entering into contracts with Bruno, the ORG failed to conduct a background check to verify his stated experience and past affiliations, which would have revealed a history of scandals, get-rich-quick schemes and an utter lack of experience with ballot initiatives.

Through the 1990s and early 2000s, Bruno was ordered to pay various debts and settlements on those debts, which he mostly evaded. As court rulings against him piled up across Ohio, his attorney, former Democratic candidate for governor Todd Portune, secretly continued working for him, despite Bruno skipping out on a $75,000 ruling against him in Hamilton County. The continued association ultimately led to Portune dropping out of the 2014 gubernatorial race before the primaries. Portune is currently a Hamilton County commissioner, winning re-election last year with campaign manager Lissa Satori.

Under Satori, Bruno was contracted for $37,500 worth of services formally in April 2014, two months after he started working, to cover his costs through the election in November. Bruno had two priorities; secure $15,000 worth of funding for the ORG’s 501(c)3 education fund and manage and create a database to get through the signature drive and campaign. He immediately got to work doing a signature gathering “test run” and creating a database with the ORG’s collected signatures with the support of Satori and Eldredge, who despite being paid by the ORG were also paid via Bruno’s company Hyper Interactive Media. He spent an additional $5,800 of the ORG’s funds to send himself, Satori, Eldredge and others to a May 2014 Patients Out of Time (POT) conference in Portland, Oregon to “collect business cards from national players.”

With the 2014 election looming, the ORG’s finances were quickly draining. Luckily, there were two big funders on the horizon who could save the campaign.

In May, the ORG had entered into talks with Ohio-based Miracle Gro CEO Jim Hagedorn, who they said was considering donating $1 million to the 2014 effort. Alongside another pledged $300,000 from Columbus-based financial advisor Sir Alan Mooney, the ORG looked to have the money it needed on the horizon. That same month, Ian James cut select contacts at the ORG in on his plans to form ResponsibleOhio.

As early as May 16, Satori was hinting at the emergence of ResponsibleOhio (RO) in an email discussion to prepare follow up materials after a successful meeting with Hagedorn. The ORG had never discussed running a ballot initiative in an off year.

“I think we call Ian [James] and make sure he is willing and available and get a number [campaign estimate]. I am in. I think we make the ask with John’s OCRA 2014 possible with an initiative on 2015 for sure [sic], be that OCRA or another initiative that will be easier to defend. With 2015 staying open plus funding we would have an option; focus our strategy on hiring the signatures done [sic] for OCRA, local initiatives with volunteers, education of the public and the medical community, and lobbying… I am confident with funding all things are possible. ...But one million isn’t enough to pay Ian on this timeframe and have much left for implementation of our plans on other fronts, without which we are not able to do this right,” Satori wrote.

When Hagedorn requested follow up information, Borden was surprised to find that Antoinette Wilson had prepared a prospectus that listed Wilson, Ian James and James’s attorney Don McTigue as the campaign’s management team, not the ORG board, without any member vote. Bruno said although there was no formal arrangement, the ORG needed competent help. He added he had already spoken with them and knew they would be willing to participate. Wilson was in no way contracted with the ORG, but Bruno’s own company, Hyper Interactive Media.

Some members of the ORG board were told by Ian James he would be running a separate campaign and wanted their support. Pardee brought the possibility of working to support another initiative to the board on May 20, but the proposal was rejected. On June 12, the ReponsibleOhio PAC was formally filed with the state. Satori and Bruno started openly telling volunteers running their signature drives in Cincinnati that the OCRA wasn’t happening in 2014. According to a complaint sent to the ORG from Ohio Families Cann (OFC) the mother of an epileptic child said she left the ORG to help start OFC because Satori and Bruno admitted to her the OCRA wasn’t happening that year, but they should continue collecting signatures anyway to raise money for future “endeavors”.

Pardee signed a non-disclosure with Ian James and the Strategy Network on July 8, and Pardee and Satori worked to bring board members to the table to work with ResponsibleOhio. Pardee and James say the NDA was signed simply to learn about the competing plan. A meeting with a quorum of the ORG board, including Satori, Bruno, John and Linda Pardee, was held in Cleveland on July 11 where all attendees were asked to sign non-disclosure agreements with Ian James’s Strategy Network before the meeting began. When Toledo-based board member and owner of the Toledo Hemp Center Kevin Spitler arrived, he refused to sign. They told him about a plan for a 2015 initiative led by James that would write the campaign’s investors into the constitution as the only growers of legal marijuana in Ohio. Spitler, a patient and longtime advocate, says he stormed out of the meeting, drove home and outed the plan on Facebook.

“They were pitching that we would get parts of different grows if we would all get on board. All of them were still with ORG at the time,” Spitler said.

Spitler says the meeting prompted him to resign from the ORG’s board.

“I had put everything into Ohio Rights Group because I believed in the [rights-based] language they were working with,” Spitler said.

When Satori, Bruno and Eldredge all resigned soon after, the ORG’s leadership pursued missing boxes of signed petitions and basic accounting of the ORG’s operations through the rest of the year. They were never returned because Bruno wanted a written letter releasing him personally from all liability in any future ORG lawsuit in exchange. Karen Jones, the philanthropist funder who had provided the ORG’s major $50,000 donation in 2014 pressed Pardee in January 2015 emails to support the “other initiative” in the interest of the “Oberlin facility” and drop the mounting social media attacks against Satori and Bruno from disgruntled ORG members.

The ORG members felt Satori and Bruno had intentionally sabotaged their campaign. Between them, Bruno and Satori filed at least 20 cannabis-related business names with the state between January 2013 and September 2015 including; Ohio Hemp Chamber of Commerce, Heartland Hemp, Ohio Hemp Coalition, Heartland Business Management Ventures, Cannapy LLC, Home Plate Consulting and Home Holistic Healthcare Partners. Bruno filed the incorporation for Grow 2015-768 LLC in August 2014, which would become one of the only 10 grows written into the ResponsibleOhio amendment.

In July, shortly before resigning from the ORG, Bruno and Satori sought investment for Heartland Hemp Holdings (HHH) which they described in a draft prospectus as “a vertically integrated, and ‘horizontally coordinated’ business holding company.” An intercepted July 9 email from Bruno to John Pardee revealed the business plans. The NDA between Pardee and Ian James had been signed the day prior.

Bruno wrote, “I worked on the attached with Lissa yesterday, she is presenting it to a friend of hers for funding. I suggested that she share this with those of you who have been so involved with our thinking about it… Chris [Galgoczy] and Kevin and I are meeting in Oberlin tomorrow, Thursday, and anyone is welcome to attend. As we move into the “Grand Slam” piece of this puzzle, I will ask that everyone sign a non-disclosure (NDA) form before I can share certain documents. As you know, I have been required to execute a very significant NDA, with extreme penalties, and want you all to know I trust you, but others involved in the “Grand Slam” do not trust anyone… including me.”

The “Grand Slam” opportunity was the ResponsibleOhio initiative and Satori and Bruno were preparing themselves to corner a highly-profitable segment of the Ohio market before any law was even proposed. At the same time, Ian James formed his own company with partner James Gould, Green Light Acquisitions, which would finance and hold equity in as much of the Ohio industry as it could.

Satori and Bruno entered into a letter of intent with California-based Greenway Holdings to form a new joint venture with Bruno’s college-aged son’s company Diamond Boys Investment, a reference to the players loading the bases on a baseball diamond that would take them to “Home Plate Consulting” after they hit the “Grand Slam”. The plan was to work together to produce hemp-derived CBD products, to create a licensed “mega grow” in Lorrain County near Oberlin College, a cannabis testing lab, and other cultivation and production based businesses. Heartland Hemp could get started right away, with “legal CBD products” similar to HempMedsPx’s multi-level marketing operation Kannaway, which Satori had early on brought to the ORG as a way to finance its operations.

By creating products classified as “food supplements” with less than 0.3 percent THC, the arbitrary baseline used to legally distinguish “hemp” from “marijuana”, HempMedsPx claimed their industrial hemp derived high-CBD products were legal to ship to patients in all 50 US states, and several countries, regardless of state or federal law. They drew the ire of much of the national activist community by launching Kannaway, a multi-level marketing “legal CBD” product scheme.

HempMedsPx opened the door for other companies to also claim their products were technically “hemp” not “marijuana”, which has led to the “legal CBD” industry growing all over the United States, despite it still technically being illegal. In the path blazed by HempMedsPx, Satori and Bruno’s Heartland Hemp was a foot in the door, a way of laying the groundwork for larger opportunities. In fundraising materials, Satori and Bruno elaborate on exactly the opportunity they presented to investors.

“If successful in its original capitalization, the strategy will make the investors and operators a major player in the ‘Grand Slam’ opportunity—which is a project that will go one generation BEYOND the hemp business plan outlined here. HHH will attempt to secure venture funds to support all phases of the plan, and serve as general partner for each of the companies.”

The five total businesses under HHH were asking for up to $20 million in venture capital. Heartland Hemp Associates was founded by Satori for CBD and hemp product sales, with the business plan promising endorsement and support from the Ohio Rights Group. The business plans also included a hemp chamber of commerce to organize businesses and lobbying efforts, distribution and retail stores, manufacturing and Bruno’s Grow 2015-768. Emails obtained from Wirtshafter reveal that while still formally contracted for the ORG, Bruno began trying to negotiate with Oberlin College to house the grow and participate in research.

On November 3, 2014, Bruno made a $150,000 investment in ResponsibleOhio. When the campaign went public shortly after the new year, Satori chose to support it on a volunteer basis while focusing on her hemp business. That’s when the ORG began to unravel what had happened and rumors began to fly quickly. Both Satori and Bruno maintained they did not support RO in any way until after resigning from the ORG, with Satori publicly stating online she knew nothing about it until July 3. The day before RO went to a statewide vote in November 2015, Bruno inadvertently revealed on-the-record who he really had been working for, in federal court.

In April 2014, Bruno was found guilty in yet another judgement over unpaid loans and was ordered to pay nearly $160,000 to reimburse the plaintiff, Huntington Bank, which he claimed he could not pay. The case was procedurally so “nightmarish” it even became a case study for a textbook on asset protection. In 2015, Bruno was ordered to submit all of his financial records and accounting as part of a debtor’s exam to determine his ability to pay the settlement he had been evading.

During Bruno’s debtor’s exam, which he had pushed to just one day before the 2015 election, he was intentionally vague about the money moving between various bank accounts in his and his children’s names and claimed ignorance as to the whereabouts of his own bank statements or which account was his personal one and which ones belonged to the maze of businesses he was involved in. The plaintiff’s attorney, John A. Murphy, pointed out that he had drawn money from the account they identified as belonging to Grow 2015-768 for his daughter’s boarding school tuition and other personal expenses. Although he was taking money from the account, he claimed to have no ownership of it or even knowledge of the owners—beyond his own son—and was evasive of any attempts by Murphy to identify them. Despite his feigned ignorance, he continually testified he was relying on the Grow account becoming profitable after the election to pay his debt.

“Depending on the election turnout tomorrow it is my belief Grow 2015 will be entitled to anything between $250,000 and $500,000 back, or several million back,” Bruno said.

Bruno claimed when his legal disputes arose he was intentionally shut out of Grow 2015, so he signed his shares of the grow to his then 24-year-old son and “had nothing to do with it since.” He claimed to have only brokered a loan for the deal but had no direct involvement of it, and insisted it was being managed by ResponsibleOhio principal and attorney Chris Stock. Bruno claimed to have no knowledge of any of his financial transactions because he had “formed several LLCs on behalf of people doing work with us” and just couldn’t keep them all straight.

Murphy asked Bruno about his connection to Greenway Holdings and Bruno denied even knowing what it was. In doing so, he inadvertently identified how the ResponsibleOhio campaign was working its ground game without having to disclose who they were paying to do what.

“I don’t think there is an entity, Greenway Holdings. I think there might be a reservation of a name. There was an attempt to put some of the Green Light— some of the green power-- entities that were put together with some of the cannabis colleagues in together with Diamond Boys Investment,” Bruno testified.

Murphy clarified that Bruno had filed his name on the paperwork. Bruno said he didn’t deny it that was the case. Throughout the proceedings, it was clear both Bruno and his attorney, Brent English, were doing what was necessary to protect the identities the Grow 2015 bank account owners, whoever they were, and at whatever personal expense. In January 2016, Bruno petitioned the court to have the records sealed. They are still public today.

Shortly after ResponsibleOhio announced its campaign in early 2015, Mary Jane Borden uncovered Bruno’s storied past and began unraveling what had happened. In a last-ditch attempt to fund the OCRA now that Ian James had become the competition, Borden reached out to possible funders for help.

“This may sound like hyperbole, but it is 100 percent true. We’re in a battle for the soul of cannabis here in Ohio. We have an amazing and powerful story to tell, somewhat of defeat (we knew it’s sting firsthand in 2014), but also of vindication and victory with the hopeful passage of the Ohio Cannabis Rights Amendment, the ONLY alternative in 2015 to ResponsibleOhio’s ballot box juggernaut, perhaps keeping it from spreading nationwide [as is being speculated in Michigan],” Borden wrote in a February 2015 fundraising pitch email.

“Please note that RO will constitutionalize just 10 mega grows as the only legal sources of cannabis in Ohio. They would be established on passage of the RO ballot initiative that is funded by the owners of those mega grows who will in turn enrich themselves from the product grown there for generations to come.”

ResponsibleOhio, the $20 Million Elephant in the Room

When RO went public in January 2015, and the ORG learned Bruno was an investor as well as a business partner with Satori, who had already started tabling at events as Heartland Hemp with former ORG treasurer Christina Eldredge, they filed a complaint with the state elections commission claiming their campaign was infiltrated by an opposing campaign. The case was dismissed based on jurisdictional issues, never to be re-filed. James, Bruno and Satori shared an attorney.

Ian James told Cleveland.com he was “pleased” with the decision as the case was a “frivolous waste of time.”

“It’s America,” Bruno told Truth Out, defending the RO campaign and adding that he worked as a consultant to Ian James to attract investors. “Good for [James]. And for the people that want to criticize that, it’s a shame they didn’t try to do it first.”

The announcement of the ResponsibleOhio campaign in early 2015 was the beginning of the end of ORG’s rights-based initiative efforts. By the spring, RO was on track to make the ballot, and looking good to win.

On June 10, 2015, Pardee suggested the ORG endorse RO and reach a financial settlement with them before joining their campaign, for the good of Ohio patients. Because they felt that RO had cheated them out of $1.3 million dollars (via Hagedorn and Mooney), Pardee felt the ORG could receive a settlement at least that large and entered into negotiations with RO investor Bobby George and attorney Chris Stock. Pardee made it clear in emails to the board that he and Linda “want credit for it if it pays and we want the board to affirm that we will be in line for the standing commission (10%).”

Wirtshafter replied, “If the ORG were to reach an agreement with RO (and I say fat chance), it would be controversial. It will be under much scrutiny. That someone made a commission off the deal will be seen as really low, RO type tactics. You don’t want to smear your reputation with this, no matter how much you need the money.”

Pardee clarified, “Compensation: We are fine with the notion of a cap [on a proposed 10% commission for ourselves] in the event the settlement is substantial (i.e. seven figures). We feel we’ve more than earned some compensation for the years of dedication and sacrifice and the fact that this negotiation is only possible due to my political connections and our efforts to set this table.”

Pardee added, “Because the ORG technically does not have members, I believe that this settlement applies only to the board and those we employ. I think we need to be clear on this point.”

The ORG, like OPN before it, was founded as a member-based organization. The change to their bylaws occurred in May 2014 at the advice of Bruno, which Borden disclosed in the ORG’s 2014 990 filed with the IRS. Bruno had, either knowingly or not, set up an easy settlement opportunity for Pardee to take, although it is unclear exactly what happened with the deal.

Wirtshafter and two other board members resigned from the ORG immediately.

“I think you are going in the wrong direction and I cannot take part in this train wreck,” Wirtshafter wrote in his resignation. “I beg you guys not to do this. Do not swallow the Kool-Aid of empty promises these people are making without giving you any power to enforce. It has been good working with you but I can go no longer. Sorry.”

In October 2015, the ORG formally endorsed RO and Satori, Borden and Pardee joined Montel Williams and Ian James on a statewide campaign press tour in support of the legalization campaign as representatives of the patient community.

In a message to the board debating whether to endorse RO, Borden shed some light on her decision to move forward with them.

“I have had it...with the so-called movement. Fifteen years. I’ve been either underpaid or worked with no pay for almost all of that time when I could have probably made hundreds of thousands of dollars. As it stands, my mother’s long-term care costs will eat me alive. This is no joke. I’ll be consuming cat food for dinner when I’m 70 because I gave my life to this worthless cause,” Borden wrote. “The monopoly sucks but it is well written. There do appear to be loopholes. If it passed, I’d have at least accomplished my life’s mission of legalizing medical marijuana in Ohio. People are dying, desperate and in need of medicine. RO did move the ball further down the field than anyone else in Ohio history, including the ORG.”

After a full two years of grassroots effort to enshrine the right to use cannabis into the constitution, Ohio was poised to make history, but at what cost?

Continued in Part 2.
 

Ohio names grower locations for medical marijuana program

Posted 10:37 am, November 30, 2017, by Associated Press

COLUMBUS, Ohio– The tiny village of Mount Orab and the city of Akron are among diverse locations of 12 large growers Ohio has picked for its medical marijuana program.

The Ohio Department of Commerce announced the large cultivators and a final small grower Thursday. That rounds out the list of 24 companies authorized to produce medicinal marijuana under a new system expected to go live by September.

Large growers paid $20,000 to apply to operate sites up to 25,000 square feet. They’ll pay $180,000 in initial licensing fees and $200,000 a year thereafter.

The 12 chosen growers applied for sites in Brown and Summit counties, the respective homes of Mount Orab’s 3,500 residents and Akron’s roughly 200,000 — as well as Cuyahoga, Lake, Muskingum, Erie, Mahoning, Clark, Stark, Sandusky, Greene and Lawrence.

Level I cultivator provisional license recipients:

  • Buckeye Relief LLC (Eastlake, Lake County)
  • Grow Ohio Pharmaceuticals LLC (Newton Township, Muskingum County)
  • OPC Cultivation LLC (Huron, Erie County)
  • Riviera Creek Holdings LLC (Youngstown, Mahoning County)
  • Pure Ohio Wellness LLC (Springfield, Clark County)
  • Columbia Care OH LLC (Mt. Orab, Brown County)
  • Terradiol Ohio LLC (Canton, Stark County)
  • Standard Wellness Company LLC (Gibsonburg, Sandusky County)
  • AT-CPC of Ohio LLC (Akron, Summit County)
  • Cresco Labs Ohio LLC (Yellow Springs, Greene County)
  • Parma Wellness Center LLC (Parma, Cuyahoga County)
  • Harvest Grows LLC (Hamilton Township, Lawrence County)
  • Harvest Grows LLC (Cleveland, Cuyahoga County)
Level II cultivator provisional license recipients:

  • Fire Rock Ltd. (Columbus, Franklin County)
  • Fire Rock Ltd. (Canton, Stark County)
  • Fire Rock Ltd. (Akron, Summit County)
  • FN Group Holdings LLC (Ravenna, Portage County)
  • Mother Grows Best LLC (Canton, Stark County)
  • OhiGrow LLC (Toledo, Lucas County)
  • Ancient Roots LLC (Wilmington, Clinton County)
  • Ohio Clean Leaf LLC (Dayton, Montgomery County)
  • Ohio Clean Leaf LLC (Carroll, Fairfield County)
  • Ascension BioMedical LLC (Oberlin, Lorain County)
  • Agri-Med Ohio LLC (Langsville, Meigs County)
  • Paragon Development Group LLC (Huber Heights, Montgomery County)
  • Hemma LLC (Monroe, Butler County)
  • Galenas LLC (Akron, Summit County)
  • Farkas Farms LLC (Grafton, Lorain County)
More stories about marijuana in Ohio here
 
Oh, so glad that OH can fuck this up with political favoritism just like Maryland and get sued over it. sigh.

Pot Entrepreneur Threatens To Sue Ohio Over MMJ Licensing Process

There’s a ton of controversy surrounding Ohio’s MMJ licensing process.

One of Ohio’s biggest players in the legal cannabis business is threatening to pursue legal action after his medical marijuana company was declined a grower’s license.


Possible Legal Action?
Jimmy Gould, the CEO of the Cincinnati-based medical marijuana company CannAscend and co-founder of Ohio’s 2015 failed marijuana legalization measure, ResponsibleOhio, called the state’s evaluation process a “travesty” and plans to file a lawsuit over the flawed MMJ licensing process. He claimed that licenses were awarded to political insiders, rather than companies that actually met the criteria outlined by state regulators and called the process “a glorified essay writing contest.”

One company awarded a license had direct ties to former Ohio House Speaker Bill Batchelder and former Republican Party operative Chris Schrimpf, but the company’s spokesperson claims they were awarded a contract due to the quality of their proposal. Additionally, two companies that received licensing did not place in the top 12 of scoring applicants but were awarded contracts because they were minority-owned.

CannAscend, who scored 132.72 points, only good for 52nd place, was disqualified from the competition for an undisclosed reason. Gould maintained that he’s not bitter over not receiving a license but is merely trying to fix a broken process.

“This is not sour grapes,” he said. “It’s not about us getting a license. The process is broken, and we will not stop until we get a fair process. It’s time to start the review over with new scores.”

One of Gould’s main points of contention was that the winning companies received information that other businesses did not receive.He also mentioned that some of the winning applicants failed to include mandatory information in their proposals and at least one of the 12 winners plagiarized copyrighted information from his company.

Gould said he reached out to a number of other cultivators who were also denied licenses and plans to take legal action against the state.


“The notion that none of them or us received scores above 142 points is disturbing, at best, and will be proven to be in serious error in the extensive discovery process to accompany the onslaught of litigation that is forthcoming against the state from our group and dozens of others,” Gould said in a news conference last Friday at CannAscend’s headquarters.

Final Hit: Pot Entrepreneur Threatens To Sue Ohio Over MMJ Licensing Process
Despite Gould’s grumblings, the Department of Commerce spokesperson Stepanie Gostomski claims many of Gould’s arguments are off-base and says the department stands by their process.

“The department conducted a comprehensive, fair and impartial evaluation of all applications. Any applicant who didn’t receive a license has the right to appeal that decision, and the department is giving all the notifications to appeal those processes,” Gostomski said.

Gostomski explained there were a various number of valid reasons why companies were excluded from receiving a license. Some of these included failing a background test, in addition to not meeting the mandatory minimum scores in certain departments.


Despite Gostomski’s brief explanation, companies are still seeking answers regarding Ohio’s MMJ licensing process. PharmaCann’s general counsel Jeremy Unruh also expressed his desire for a more clear-cut answer on how points were awarded to each business.

“We’re continuing to digest the results,” Unruh said. “Our goal is not to take anything away from other successful groups. Our goal is if we are supposed to be included, according to the law, that the Department of Commerce recognizes it.”
 
Seems a bit overwrought to me. Ok, guy has a 2005 possession with intent (but it doesn't say what and no details have been provided). But so what...he wasn't applying for an MMJ license...he was hired to read proposals and score them against criteria (and have been on several extremely large Fed proposal eval teams...its a bore). So, he has a 13 y.o. conviction...does that mean he can never read, think, or write again?

As always, follow the money...this is all about one bidder who lost and is protesting. If they start the entire process over from the top, the only people to really lose are OH MMJ patients and its always the patients taking it up the ass in these deals.

I don't know if we need to make America great again...its always seemed pretty great to me...but we definitely need a completely new crop of politicians at all levels.



Ohio officials call for freeze on marijuana growers' licenses after learning convicted drug dealer participated in review process


A chorus of state and local officials on Wednesday called for a freeze on state-issued medical marijuana growers' licenses after learning one of the consultants hired to grade license applications is a convicted drug dealer.

"It’s possible that this just looks horrible and there's not a problem, but I wouldn’t put money on that,'' according to State Auditor Dave Yost, who said at the very least the consultant's criminal background calls into question the integrity of the selection process.

"It seems to me at the very least we could hit the pause button on this and evaluate whether the process is on the up-and-up,'' Yost told The Enquirer. "We’re seeking information on exactly what was done and what should have been done.''

The Ohio Department of Commerce last week awarded 12 preliminary "Level 1" licenses for medical marijuana growers with up to 25,000 square feet of growing space.

Cincinnati-based CannAscend Ohio, one of the 97 applicants denied a Level 1 growers' license, contested the results and discovered that one of the application reviewers pled guilty in 2005 to possession with intent to manufacture or distribute a controlled substance in Pennsylvania and was sentenced to three years of probation.

The Enquirer Independently verified the guilty plea and sentence of the reviewer, 33-year-old Trevor C. Bozeman of Brunswick, Maine, by reviewing court records from the Snyder County Court of Common Pleas in Pennsylvania.

Bozeman declined to comment when reached by phone Tuesday.

The state commerce department said each of the three consultants - paid up to $150,000 to grade applications for Level 1 licenses - met the standards set forth in the state's request for proposals.

However, the state agency overseeing Ohio's Medical Marijuana Control Program did not say whether those standards included state and federal background checks or whether the agency was aware of Bozeman's criminal background.

Lt. Governor Mary Taylor, who's running for governor, expressed grave concern over Bozeman's criminal background and also called for halting and reviewing the selection process.

"I am outraged that a convicted drug dealer played a major role in determining who was suitable to receive a license,'' Taylor said in a statement. "At a minimum, the integrity of the process has been called into question and it is unconscionable to imagine that this process would be allowed to continue until we have a full reckoning."

Locally, CannAscend - an investment group headed by Gould, Bill Brisben and Ian James, who planned to build a marijuana production facility in Wilmington - is planning to file a lawsuit contesting the results and seeking to preserve all records and communications used by the state commerce department to review and score the applications.

In addition, CannAscend's legal team is preparing an appeal to the state marijuana control program.

"Did the Department of Commerce not think it important to check and report the fact that at least one of the scorers of the Medical Marijuana Control Program, had a criminal record for dealing drugs, and potentially other brushes with the law? If not, why not?'' Gould continued in his statement. "The failure to disclose this fact, when there is incredible concern over significant irregularities uncovered in the Cultivation Application process is quite concerning, and should be the subject of a government oversight investigation.''

Gould is calling for a complete do-over of the application process in light of Bozeman's criminal background and other "flaws" in the selection process.

Said Yost: "That's a high-probability outcome.''
 

Anyone over 21 could grow weed at home under proposed Ohio ballot initiative


A group of local investors who failed in their bid to secure a state license to grow medical marijuana on Monday announced plans for a statewide ballot issue that would fully legalize marijuana.

Jimmy Gould, chairman of Cincinnati-based Green Light Acquisitions, has proposed an Ohio constitutional amendment that would allow anyone 21 or older to grow marijuana in their homes for personal use or commercial cultivation.

Gould said the ballot issue would not conflict with Ohio's current medical marijuana law but would expand legalized marijuana use among qualified adults without a physician's recommendation.

Needed: More than 300,000 signatures
Gould said he would need 305,592 signatures to place the issue before Ohio voters next year. His group plans to finalize the language in the proposal and begin circulating it next month. The initial filing deadline for the ballot proposal is July 4, 2018.

" I guess we’ll find out how much adult citizens want to be able to administer (cannabis) for themselves,'' Gould said. "I think people want to have more control over their lives.''

Gould is a longtime proponent of decriminalizing marijuana, which he said can be a useful tool for dealing with a variety of chronic conditions, including opioid addiction, which continues to plague Ohio.

He co-founded the group ResponsibleOhio, which was behind Ohio's failed Issue 3 marijuana initiative in 2015 that would have legalized marijuana for both medical and recreational use.

The measure lost in all 88 Ohio counties, with nearly two-thirds of voters statewide voting "no.''

But the new proposal "is as different from Issue 3 as night and day,'' Gould said. "We spent a lot of time and effort to get this right. This is not Issue 3 revisited.''

Dropped: Rules that doomed Issue 3
Gould said the new proposal tosses out many of the contentious items that he blames for Issue 3's ultimate defeat, including designating certain properties as the only places in Ohio where the cannabis plant could be legally grown - a stipulation would have benefitted only a handful of mega-growers.

"The concept of the rich getting richer goes right out the window with this,'' Gould said.

He said the new ballot proposal is a responsible way to fully legalize marijuana use, cultivation, possession, processing and dispensing, and regulate it like alcohol-related businesses in Ohio.

At least one critic charges the ballot proposal is simply an effort to use Ohio's democratic process for personal gain.

"The initiative constitutional amendment proposed today is yet another ill-conceived ballot initiative with dishonest intentions,'' said State Rep. Niraj Antani (R-Miamisburg), who has introduced a joint resolution to change the procedures for initiating statutes and constitutional amendments. "This is another proposal attempting to use the Ohio Constitution as a means for a special interest to make a profit at the expense of the taxpayers of Ohio.''

Gould counters that his latest proposal would benefit consumers and entrepreneurs alike in a fair and equitable free-market system.

And he's confident now is the right time to introduce a new marijuana initiative, at least in part, because "a lot of time has gone by'' since Issue 3 was defeated.

Has public opinion shifted enough?
Shifting public opinion shows more Americans are inclined to support legalized marijuana now, a trend underscored by the sheer number of states that have adopted such laws over the past several years, Gould noted.

Since 2015, more than a dozen states, including Ohio, have adopted legalized marijuana laws for either medical or recreational use or both.

Chris Lindsey, an attorney for the national advocacy group Marijuana Policy Project, said voters in Ohio "just might'' embrace the new ballot proposal, although next year might not be the optimal time to introduce the measure.

"Voters are increasingly supportive around the country, and I'm sure there will be a lot of interest in Ohio,'' Lindsey said. "Younger voters tend to be very supportive of legalization, and for that reason, some might suggest the presidential election in 2020 as the best time'' to introduce the new ballot proposal.

"But Alaska and Oregon certainly didn't wait,'' he added. "They won at the polls and now have good programs.''

Both Alaska and Oregon passed legislation allowing adults to possess and grow marijuana in their homes in 2015 - a non-presidential election year.

Gould: I'll spend "whatever it takes''
Gould and his investors in ResponsibleOhio spent more than $20 million to get Issue 3 on the ballot in Ohio. And Gould said he would spend "whatever it takes" through donations, fundraising and direct investment to get his new proposal on the ballot.

Gould said his new ballot initiative would "run parallel'' to a lawsuit he plans to file against the state after his firm, CannAscend Ohio, and dozens of other applicants were denied "Level 1" licenses for large-scale medical marijuana growers.

The Ohio Department of Commerce earlier this month awarded 12 preliminary Level 1 licenses based on what Gould alleges was a deeply flawed selection process.

Hurting the credibility of the process is that fact that at least one of the application graders, Trevor C. Bozeman, was a convicted drug dealer. Bozeman pled guilty in 2005 to possession with intent to manufacture or distribute a controlled substance in Pennsylvania and was sentenced to three years of probation.

"That stuff is just not OK,’’ Gould said. "Commerce feel asleep at the wheel. They either didn’t know, or they didn’t do background checks'' on the application graders.

"This is incompetence at best, and borders on criminal at the worst,'' he added.

Proposed amendment: The basics:
* The "Regulate Marijuana Like Alcohol Amendment'' would provide for the legal cultivation, possession, processing, dispensing, use and consumption of marijuana by anyone persons 21 years of age or older.

* The amendment would control the commercial production and distribution of marijuana under a system that licenses, and regulates the businesses involved; while also providing the lawful cultivation, sale, and processing of industrial hemp.


* The amendment would provide for the commercial cultivation, processing, and dispensing of marijuana by persons 21 or older: "If you can own a bar, or make beer, wine or spirits, you will be able to own a marijuana dispensary, processor or cultivation."

* The amendment would control the commercial production and distribution of marijuana under a system that licenses, and regulates businesses involved.

* Cities, villages and townships could approve the number of commercial marijuana businesses that may be permitted to operate in their community, and local voters would be allowed to decide if dispensaries can open in their precinct.

* No public consumption would be allowed. Smoking marijuana or marijuana products would be prohibited in any public place, in any place where smoking is prohibited, or on (or in) any form of public transportation.

* Commercial marijuana facilities could be no closer than 500 feet from a school, church day-care center or playground.

* Ohio farmers would be permitted to cultivate hemp and compete with farmers in neighboring states.

* People 21 and older would be allowed to grow marijuana in secure, private locations inaccessible by anyone under 21.
 
I love this. Now, understand that I am completely and deeply committed to equal opportunity for all. Emphasis on "equal opportunity" and NOT somebody's idea of just results. I absolutely would fight to the end against any discrimination of any bidder based on a racial/cultural/gender/whatever group they belong to. On the other hand, I oppose with all of the fiber of my being racist based set asides like what is alleged in the below article.

Licenses should be given out on merit basis only, IMO.



Medical marijuana company sues Ohio over cultivator license 'racial quota'


COLUMBUS, Ohio -- A company bumped out of consideration for one of Ohio's 12 large medical marijuana cultivator licenses in favor of lower-scoring minority-owned companies filed suit against the state Wednesday.

PharmaCann Ohio, LLC wants the court to order the Ohio Department of Commerce to award licenses to the top-scoring applicants, including PharmaCann, and is seeking a temporary order to stop the department from issuing provisional licenses to the two minority-owned companies.

The lawsuit was the first filed challenging the results of a months-long, expensive process of applying for a limited number of grow licenses. At least one other losing applicant has said it plans to sue the state.

The complaint, filed in Franklin County Common Pleas Court, challenges the state's "racial quota" for awarding medical marijuana business licenses under the equal protection clause of the Constitution. It does not dispute the state's application scoring process, which has come under fire since license winners were announced Nov. 30.

"This program should be about patients, not lawsuits," PharmaCann policy director Jeremy Unruh said in a statement. "We aren't asking the court to hold up awarding licenses to the ten groups who put up the best scores."

The commerce department declined to comment on the lawsuit.

PharmaCann scored 158.56 points in a competitive application scoring process, ranking 12th of eligible applicants. Parma Wellness Center, LLC and Harvest Grows, LLC scored less than PharmaCann, ranking 14th and 23rd, respectively.

Ohio's medical marijuana law requires state regulators to issue at least 15 percent of medical marijuana business licenses to companies that are majority owned or operated by members of the following "economically disadvantaged" groups: African-Americans, American Indians, Hispanics or Latinos, or Asians. After applications were scored, the Department of Commerce awarded licenses to Parma Wellness and Harvest Grows to satisfy that requirement.

Attorneys for PharmaCann wrote in its complaint that lawmakers added the minority language without examining whether such a set-aside was necessary. Minority set-asides have been upheld by courts when narrowly tailored and backed by strong evidence of discrimination.

The complaint notes the law excludes economically disadvantaged groups such as disabled Vietnam veterans, Appalachian whites and Hasidic Jews.

"Our company values diversity and inclusion. Remedying the effects of past discrimination is a worthy goal of the Ohio legislature," Unruh said. "In this case, however, there simply is no basis in evidence that economic disparity exists in an industry that itself doesn't yet exist in Ohio."

PharmaCann, based in Illinois, has medical marijuana operations in five states.

Ohio is the only state to have written a minority set-aside into its medical marijuana law. The law allows people with one of 21 medical conditions to buy and use marijuana if recommended by a physician.

State regulators decided to initially award only 24 medical marijuana cultivator licenses -- 12 for up to 25,000 square feet of grow space and 12 for up to 3,000 square feet -- and award them through a competitive application process. Large growers each paid a nonrefundable $20,000 application fee.

The complaint also alleges the two minority license winners were not truly economically disadvantaged because they were able to pay the application fee and had $750,000 in an escrow account or surety bond.

From application to operator license, the complaint states, a large-scale cultivator will invest about $15 million dollars into its facility.
 
Crackdown on legal pot may not affect Ohio
Posted Jan 5, 2018

U.S. Attorney General Jeff Sessions allowed federal lawyers to resume marijuana prosecutions Thursday in places where pot is legal under state law. But how that affects Ohio’s nascent medical-marijuana program remains murky.

Sessions rescinded a 2013 memo in which the Obama administration declared it would not block states from legalizing marijuana as long as officials act to keep it from migrating to places where it remains outlawed and to keep it out of the hands of criminal gangs and children.

The move by President Donald Trump’s attorney general probably will create confusion about whether it’s OK to grow, buy or use marijuana in states that have legalized the drug, because long-standing federal law prohibits doing so. This week, pot shops opened in California, launching what is expected to become the world’s largest market for legal recreational marijuana. And a Gallup Poll released Thursday said 64 percent of Americans believe the drug should be legal.

Sessions has long been a foe of marijuana legalization, but in a 2016 TV interview, Trump said he would not seek to shut down pot operations in states that had legalized it. “I think it should be up to the states,” Trump said.

But asked Thursday for the president’s position on marijuana, White House Press Secretary Sarah Huckabee Sanders said: “The president strongly believes we should enforce federal law.” She added that the new guidance empowers federal prosecutors to go after large-scale pot producers and distributors.

The new Justice Department guidance allows prosecutors to target California and the seven other states that have legalized recreational marijuana.

States such as Ohio that have legalized medical marijuana have an extra protection. A small section of the federal budget, known as the Rohrabacher-Blumenauer amendment, prohibits the Justice Department from spending money to enforce federal law against medical marijuana in states where it’s legal. That amendment remains in place at least until Jan. 19, when a stopgap budget resolution is set to expire.

Many people expect the medical-marijuana amendment to be renewed — as it has been since 2014 — because it has bipartisan support on Capitol Hill. But Thomas Rosenberger, executive director of the National Cannabis Industry Association of Ohio, said the presence of Sessions at the helm of the Justice Department has raised new concerns about the amendment’s future.

“At this point, it’s hard to say,” he said. “I’m still optimistic about it continuing to be renewed. But there’s no question that it’s more in doubt than it’s been in years past.”

Ohio is in the process of licensing growers, processors and dispensers of medical marijuana, which under the state’s 2016 statute is to be available to patients by September.

The Ohio Department of Commerce, which is responsible for overseeing most of the process, is following state law in moving to offer medical marijuana, spokeswoman Stephanie Gostomski said Thursday.

“Our responsibility is to fulfill all statutory mandates in establishing Ohio’s medical-marijuana program. The department cannot speculate on any decisions made at the federal level, but our program officials will continue to monitor any developments,” she said in a statement.

Ohio Attorney General Mike DeWine declined to comment on the new guidance out of the Justice Department.

U.S. Sen. Sherrod Brown, D-Ohio, said Sessions should focus his energies elsewhere.

“The Justice Department should focus on supporting Ohio law-enforcement efforts to combat the opioid and heroin epidemic, not wasting valuable time and resources going after families using medical marijuana to treat cancer or Parkinson’s,” Brown said in an email.

Sen. Rob Portman, R-Ohio, didn’t respond to a request for comment.

In a statement, U.S. Attorney for the Southern District of Ohio Benjamin C. Glassman said that marijuana has long been illegal under federal law. But he added that the Obama-era memo and Sessions’ guidance rescinding it both acknowledge that federal prosecutors have to prioritize how to use their limited resources.

“I have said before that the opioid epidemic is the public health and safety crisis of our lifetime, and I have also pointed to the disturbing increase in stimulant drugs like cocaine and methamphetamine,” Glassman said.

Some groups are applauding Sessions’ move. The anti-legalization group Smart Approaches to Marijuana said that today’s turbocharged pot can be addictive — especially for adolescents — and that drugged-driving accidents have spiked in states such as Colorado where recreational marijuana has been legalized.

The group’s president, Kevin Sabet, said on a conference call with reporters that federal authorities have never focused enforcement on low-level users, and that the new Justice Department guidance will prompt U.S. attorneys to go after the big players in the industry.

Carrie Eickleberry of the Ohio chapter of the National Organization for the Reform of Marijuana Laws said that because the state’s medical-marijuana law was the product of the General Assembly rather than a voter initiative, she expects it to be strongly defended.

“I think the legislature is going speak up loudly,” she said.

Dispatch Reporter Randy Ludlow and The Associated Press contributed to this story.

mschladen@dispatch.com

@martyschladen

 
Six applicants denied medical marijuana grow licenses are suing Ohio
Of the 185 applications, 131 were disqualified, mostly for not meeting a minimum score in one or several parts of the application


By Jackie Borchardt, Tribune News Network

Feb. 20–COLUMBUS, Ohio — Six unsuccessful applicants to grow medical marijuana in Ohio claim in a new lawsuit that state regulators failed to follow their own rules while scoring cultivator applications, made several scoring errors and hired scoring consultants who had blatant conflicts of interest.

Several groups led by Jimmy Gould of CannAscend Ohio LLC filed a lawsuit Tuesday in Franklin County Common Pleas court challenging the Ohio Department of Commerce’s process for awarding the highly sought after licenses. They want a judge to block the state from awarding operating licenses to the 12 companies awarded provisional licenses for large-scale growing facilities.

Joining CannAscend in the lawsuit are Appalachian Pharm Products LLC, CannaMed Therapeutics LLC, Palliatech Ohio LLC, Trillium Holdings Inc. and Schottenstein Aphria LLC.

Previous: Error inadvertently bumped marijuana grower from Ohio’s new medical program

The lawsuit names as defendants Ohio Department of Commerce Director Jacqueline Williams, three scoring consultants and the 12 companies awarded large-scale grow licenses.

The complaint alleges the department made several mistakes including the following:
–Five licenses were awarded to companies that should have been disqualified for failing to meet pass-fail criteria or misrepresenting compliance with those requirements.
–The two minority-owned companies that received licenses aren’t actually owned and operated by individuals meeting the law’s definition for the set-aside.
–Scores for at least 14 applications were calculated incorrectly.
–Scoring consultants, including two who had knowledge of the scoring rubric in advance of the application deadline, had blatant conflicts of interest with companies awarded licenses.

These mistakes lead “to a fundamentally arbitrary, capricious, unfair, and flawed scoring process” and the plaintiffs spent millions of dollars to comply with “rules the department did not properly enforce or follow,” attorneys wrote in the complaint, a copy of which CannAscend provided to cleveland.com.

The department declined to comment Tuesday and does not comment on pending litigation. Department officials have fiercely defended the scoring process and pledged to continue establishing the program to meet the law’s Sept. 8 deadline to be up and running.

Gould, one of the founders of pro-recreational marijuana group ResponsibleOhio, threatened a lawsuit back in November, when the department awarded provisional licenses for 12 grows up to 3,000 square feet and 12 grows up to 25,000 square feet.

Since then, questions have been raised about consultants hired to help score applications and security around the department’s online portal where applications and scores were stored for reviewers.
The department was sued in December over state law requiring that 15 percent of all marijuana business licenses go to minority-owned businesses.

Of the 185 applications, 131 were disqualified, mostly for not meeting a minimum score in one or several parts of the application. Sixty-nine applicants have filed appeals with the department.

Scoring errors

The complaint details several examples of “scoring defects” that benefited winning companies’ scores and hurt losing companies’ scores.
Among those:
–Some applicants were marked down for failing to show they would properly package material under a rule that was not finalized until three months after applications were submitted, according to the complaint.
–Applicants were scored on criteria that did not appear in state law, rules or application instructions.
–Applicants were docked points for excluding data that was actually in the application.
–The department did not add up the scores correctly for 14 of 17 applications reviewed by plaintiffs’ attorneys.

Pass/fail criteria

The complaint alleges the department did not verify several pass/fail criteria in the application such as locating a grow site 500 feet from a school, church or other prohibited facility and having the required liquid capital. And additionally, the complaint alleges, the department did not verify that two businesses were owned and controlled by a minority as claimed by the applicant.

Last week, cleveland.com reported four applicants’ proposed grow sites did not meet the requirement they be 500 feet from the nearest school, church, playground, child care center or other prohibited facility at the time of application. The department said the provisional licensees have nine months to comply with all rules and regulations, but the complaint says that was not the intent of the law and was not communicated to applicants.

Related stories
Three of those companies are cited in the lawsuit: Cresco Labs Ohio LLC, Grow Ohio Pharmaceuticals LLC and Terradiol Ohio LLC.

The lawsuit also challenges whether the reported principals for Harvest Grows LLC and Parma Wellness LLC actually own and control at least 51 percent of the company. The complaint alleges both companies are actually owned and controlled by out-of-state investors.

It also claims Harvest Grows’ application did not mention the Arizona-based company’s president, who would have been subject to a background check showing involvement in a federal drug investigation.

Department did not control for conflicts of interest

The complaint alleges that the department did not properly vet three consultants hire to help score applications and did little to control for potential conflicts of interest.

The lawsuit claims the department should have easily learned of conflicts of interest between Jason Meade and Keoki Wing of Meade & Wing LLC and applicant Harvest Grows, which were reported in a December cleveland.com story. Meade & Wing was also seeking work for would-be applicants months before being hired by the department, according to the complaint.

Consultant B&B Grows helped draft the scoring rubric and reported a conflict of interest after applications were submitted, according to the complaint. The department said B&B did not assist in scoring. One of B&B’s two partners, Bret Bender, left the company in October and became the Illinois political director for national lobbying group Marijuana Policy Project.
Most of the 25 scorers were state employees, which the complaint claims had little or no experience with medical marijuana.

“The department failed to score the applications with competent graders with the requisite subject matter expertise capable of producing results that were not arbitrary and capricious,” states the complaint.

Had the scoring process been properly administered, the complaint claims, the six companies would have received provisional licenses.
 
Ohio should continue medical marijuana program despite ‘multiple’ flaws, state auditor says


By The Associated Press

COLUMBUS, Ohio — The state auditor says Ohio should continue its medical marijuana program despite “multiple” flaws in selecting grower applicants.

Republican Auditor David Yost says the program’s flaws should be handled by administrative appeals or lawsuits.

At issue is the Department of Commerce’s admission last week that a scoring error led to a company’s inadvertent exclusion from the proposed list of the dozen big marijuana growers in Ohio’s new program.

The agency says it identified the mistake after Yost expressed concern that two employees had complete access to the scoring data.

The agency offered to put the program on hold. Yost said in Wednesday’s letter it’s too late for that. He urged the agency to get advice from the Ohio Attorney General.

More on Ohio’s medical marijuana program
 
"It doesn’t allow smoking."

Just my personal view but......FUCK THE NANNY STATE! :disgust::doh::shakehead::rant::torching:



Ohio senator seeks review of state’s medical marijuana program

Republican Sen. Bill Coley proposed legislation that would require the state auditor to conduct and release a performance audit of the program


By Julie Carr Smyth, Ap Statehouse Correspondent

COLUMBUS, Ohio — A state lawmaker moved Thursday to force a thorough review of Ohio’s medical marijuana program as questions pile up over its process for selecting grower applicants.

Republican Sen. Bill Coley, of Cincinnati, proposed legislation that would require State Auditor Dave Yost to conduct and release a performance audit of the program. The bill holds up grower, processor and tester licenses until program flaws can be addressed.

Ohio’s medical marijuana law, passed in 2016, allows people with any of 21 medical conditions, including cancer, Alzheimer’s disease and epilepsy, to buy and use marijuana if a doctor recommends it. It doesn’t allow smoking.

Ohio medical marijuana news
The program was supposed to be up and running by Sept. 8. Coley said his bill would not affect that timing.

“As a human endeavor, there’s going to be mistakes made,” he said. “The question in somebody’s character is what do you do when you find out about it.”

The Ohio Department of Commerce acknowledged last week that a scoring error led to one company’s inadvertent exclusion from the list of the dozen big marijuana growers receiving provisional licenses.

The agency said it identified the mistake after Yost expressed concern that two employees had complete access to the scoring data.

The department offered to put the program on hold, but Yost said in a letter to the agency sent Wednesday that it’s too late for that. Spokeswoman Kerry Francis said Thursday that the department hadn’t yet seen the legislation so was unable to comment.

The acknowledged error in scoring has been accompanied by additional allegations of mistakes by others.

A lawsuit filed by some unsuccessful applicants earlier this week claims state regulators failed to follow their own rules when awarding provisional licenses for growing facilities late last year.

Several groups allege various failures in the licensing process, including “scoring errors, undisclosed conflicts of interest, and undisclosed loopholes in the security of information.” They ask a judge to revoke the licenses and prevent the department from issuing operators’ permits to the companies.

Yost, a Republican running for attorney general, said Thursday that he and his staff will review Coley’s legislation and work closely with him and the Legislature “to take the steps necessary to ensure Ohioans have confidence in the medical marijuana program.”

He said his office also is continuing to review processes and controls at the Commerce Department to identify any additional system weaknesses.
 

Ohio: Candidate Kucinich Pledges To Pass Adult-Use Policies, If Elected


At least one of the Democratic candidates looking to become the next governor of Ohio strongly supports marijuana legalization – and is not afraid to say so. Dennis Kucinich, one of six Democrats competing to become the next governor of the Buckeye State, spoke with a small group of activists about his proposed marijuana policy.

“As governor and lieutenant governor, Tara Samples and I aim to expand Ohio’s medical marijuana law; allow home cultivation by patients and caregivers; use cannabis to reduce opioid abuse; treat not jail; restore communities most affected by the war on drugs,” and “deschedule and pass, common sense, adult use policies.”

Those were some of the policy highlights uttered by Ohio gubernatorial candidate Dennis Kucinich on Wednesday at the Cleveland School of Cannabis.

Kucinich, a former U.S. Representative from Ohio, who twice lobbied the American public to become their Democratic nominee for President of the United States, has historically embraced legalization.

“We have to recognize that prohibition is a failed policy. Tara Samples and I advocate for replacing the disastrous war on drugs with policies which are rooted in evidence, compassion, and justice for all Ohioans,” Kucinich said.

The Kucinich plan is closely aligned with the policy changes advanced by advocates who have tried to reform Ohio’s marijuana laws over the past several years.

Richard Cordray, one of Kucinich main opponents for the Democratic nomination, only tacitly supports allowing voters the choice to cast their ballot for legalizing adult-use marijuana.

But a Dec. 2017 poll indicates voters want more than the opportunity to cast a vote — the majority wants legalization.

Bill O’Neill, a former State Supreme Court justice and Ohio Senator Joe Schiavoni (D) are two of the other Democratic candidates who’ve spoken up in support of legalizing recreational marijuana in Ohio.

In 2015, Ohio’s Issue 3, a flawed plan to legalize adult-use marijuana, was defeated by a 36 percent to 63 percent margin.
 

Medical marijuana company sues over delays in Ohio cultivator license appeal process


By Jackie Borchardt, cleveland.com

jborchardt@cleveland.com

COLUMBUS, Ohio -- An unsuccessful applicant to grow medical marijuana in Ohio wants a judge to force state regulators to turn over public records and schedule a hearing for its appeal.

Ohio Releaf LLC sued the Ohio Department of Commerce last week in Franklin County Common Pleas Court, claiming the department is not moving forward with administrative appeals hearings as promised nor complying with the Ohio Public Records Act.

The Department of Commerce in November announced 24 winners of provisional licenses to grow medical marijuana from 185 applications. Ohio Releaf was one of 68 applicants that decided to appeal the department's decision through a Chapter 119 administrative hearing.

But the department has only held four hearings since December, according to a hearing schedule obtained from the agency by cleveland.com through a public records request. Seven have been scheduled for dates in May and June. The remaining hearings were put on hold after the department uncovered errors in how scores were calculated.

"Commerce is trying to 'run out the clock' on Ohio Releaf's ability to meaningfully exercise its Chapter 119 hearing rights before it moves the improperly awarded provisional licenses to full licenses," the complaint alleges.

The department responded to early criticism of its cultivator application scoring process by touting an administrative hearing process for appeals. And attorneys for the department argued two lawsuits challenging the scoring process were premature because the companies had not had hearings and therefore had not exhausted all their appeals outside of court.

State law requires the agency administering the hearing to set an initial date within 15 days but allows it postpone the hearing indefinitely. Ohio Releaf's complaint says the department's delays violate the spirit of the administrative hearing law.

"This is a case of government gone wrong," Ohio Releaf spokesman Mike Gonidakis said in an email. "Ohio has longstanding laws for appealing government decisions, but the state is currently manipulating the process. We are trying to participate according to the law, yet the state is blocking us."

The Department of Commerce declined to comment on the lawsuit or any other pending litigation.

In December, Ohio Releaf sought records about how the department created the scoring rubric and directed some 20 reviewers to examine and score applications.

Since then, much of the request has not been answered, according to the complaint, which attorneys say violates public records law requiring officials to "promptly" produce records within a "reasonable period of time." The complaint alleges many of these records were given to Auditor Dave Yost's office, which is conducting an audit of the scoring practice.

"These are records of how commerce performed its duties on behalf of the taxpayers and citizens of Ohio," attorneys wrote in the complaint. "They are the people's records; not privileged communications and/or the trade secrets of private parties."

Three other lawsuits have been filed challenging the department's cultivator application review and scoring process. In those cases, the losing companies allege a handful of the winners should not have been awarded licenses because the department made scoring errors or didn't follow its own rules or because Ohio's law is unconstitutional.

Ohio's program is supposed to be fully operational by Sept. 8. But litigation and delays in licensing marijuana businesses have cast doubt on whether all aspects of the program will meet that deadline.

Mobile readers, click here to read the complaint.
 

Ohio Attorney General Allows Signature Collection to Legalize Marijuana


COLUMBUS, Ohio (AP) — Ohio’s attorney general has certified a petition for another proposed ballot initiative to legalize recreational cannabis.

The initiative would allow Ohioans age 21 or older to possess, grow, use, sell and share cannabis in the state. The petition language certified by Republican Attorney General Mike DeWine on Thursday, May 10, 2018, would keep the state’s medical marijuana program in place.

The petition now goes to the bipartisan Ohio Ballot Board, which must decide if the measure contains one or multiple ballot issues.

Supporters would then need to gather at least 305,591 signatures of registered Ohio voters to put the issue on the ballot. Organizers are aiming for the 2019 ballot.

Voters defeated a recreational marijuana initiative in 2015. Issue 3, the Ohio Marijuana Legalization Initiative, would have allowed adult-use cannabis for Ohioans 21 and older, but it would have granted just 10 franchises to grow and sell cannabis in Ohio. More than 63 percent of voters rejected Issue 3, according to Ballotpedia.

In response to the business monopoly threat posed by Issue 3, Ohio lawmakers placed Issue 2, a constitutional amendment, before voters in the same Nov. 3, 2015 election. Issue 2 would prevent Ohio’s initiative process from being used by individuals or organizations for financial gain. The Ohio Ballot Board would determine whether an initiative would lead to financial gain, then draft a competing issue that would ask voters to grant the petitioner an exemption from the law. Issue 2 was narrowly approved with 51.33 percent of the vote, according to Ballotpedia.
 
FFS...just like here in MD. If you don't win in open competition, then sue and block the entire program because after all this is all about you making money, fuck the patients.

I have worked on a few very large Government acquisition programs and there is ALWAYS a protest. Its almost like its part of the competitive process. One of many reasons I think governments are the epitome of inefficiency.



Ohio's medical marijuana program could be blunted by judge's ruling


An Ohio judge is set to hear final arguments Monday morning in a lawsuit that could delay some medical marijuana growers from getting their product to market in Ohio.

The lawsuit, filed in March, seeks an injunction banning the state commerce department from issuing certificates of operation to 12 businesses that have already received provisional licenses to grow weed in Ohio.

But the companies must have their grow operations inspected and be certified to operate in the state before they can begin cultivating marijuana for sale to people with chronic illnesses through licensed dispensaries.

Under the law, the marijuana program is mandated to go live by Sept. 8.

But the lawsuit would prevent Level 1 growers — large growers with operations up to 25,000 square feet — from even having marijuana on site until the state hears appeals from unsuccessful applicants contesting how the provisional licenses were awarded.

The plaintiff, Ohio Releaf, is one of 53 unsuccessful applicants for Level 1 licensees who have requested Chapter 119 administrative hearings with the state commerce department, which awarded the licenses.

Ohio Releaf’s attorney, Jeff Lipps, told the court Friday that his client would suffer irreparable harm if the state were allowed to proceed with the certification process because once the provisional licenses were certified they would “begin to evaporate’’ and “could never be retrieved.’’

More: Medical marijuana: These are the Ohio doctors who can recommend medical weed for their patients

By law, the state was limited to issuing 12 Level 1 licenses and 12 Level II licenses for small growers with up to 3,000-square-foot operations before Sept. 8.

The small growers would not be included in the injunction and could proceed to certification. But the small growers don’t have sufficient capacity to meet the anticipated needs of the medical marijuana program on their own.

The law allows for additional licenses to be issued after Sept. 8, based on the as yet unknown size of the population seeking recommendations for medical marijuana from their doctors, in addition to other factors.

By then, however, the damage would already have been done, according to Ohio Releaf CEO Randy Smith, who testified Friday before Franklin County Common Pleas Judge Richard Frye.

Smith told the judge that growers with certificates of operation would have a huge competitive advantage and insurmountable head start in bringing their product to market if Ohio Releaf were awarded its own provisional license on appeal.

“All we want is our 119 hearing,’’ said Smith, who is also CEO of Arizona-based Pharm LLC, one of the largest marijuana farms in the U.S. “Just give us our chance to prove that we belong in the Top 12.’’

So far, the commerce department has not held appeals hearings for any of the failed Level I applicants who have requested them.

Commerce Department officials told the judge Friday that some hearings were scheduled, then delayed after the department discovered a scoring error on one application that affected the outcome of the final awards.

The department hired Ernst & Young to review the applicants' scores after the error was corrected and decided to postpone the Level 1 hearings until the results were certified by one of the nation’s largest accounting firms.

Smith said the commerce department never told him why his hearing was delayed, leading him to accuse the department of “sitting on the ball.’’

But even if Ohio Releaf had its hearing today, chances are slim that the outcome of their application for a grower's license wouldn't change, according to attorney Heather Stutz, who told the judge Ohio Releaf ranked No. 87 out of 109 Level 1 applicants.

“That’s not even in the ballpark,’’ Stutz told the judge.

In addition, there is no need for licensed growers to wait for certification until the appeals are heard because the law allows the commerce department to correct any mistakes that may have prevented an applicant from securing a license, according to testimony from Mark Hamlin, a senior policy advisor at the Ohio Department of Commerce.

Hamlin told the judge that the commerce department had the option of granting additional licenses to companies that were not scored correctly as an “administrative remedy.’’

The two sides arguing the merits of the lawsuit weren’t the only ones attending the court hearing Friday with a vested interest in the outcome.

“I’ve seen a lot of issues and concerns raised here today that are certainly legitimate,’’ said Ian Schwartz, a Cincinnati resident and U.S. Air Force veteran who suffers from chronic pain and would like to use marijuana legally to treat his condition. “But delaying the program is delaying patient care. And if patient care is delayed because of this lawsuit, the quality of life for our prospective patients here in Ohio will be compromised.’’
 
ok, you crazy Ohio people...find this petition then vote for it in Nov 2019

Ohio recreational marijuana campaign cleared to collect signatures



An Ohio campaign to legalize adult-use cannabis has gotten the go-ahead to begin collecting signatures to place a ballot question before voters in November 2019.


The campaign, Ohio Families for Change, got its initiative certified earlier this month for the 2019 ballot by the state attorney general’s office, and the Ohio Ballot Board signed off on it Thursday, the Cleveland Plain Dealer reported.
The initiative creates an amendment to the state constitution, so it would be much more difficult for Ohio lawmakers to alter than a statutory measure.

Some details from the proposed amendment:

  • The Legislature would have the authority to develop regulations for various aspects of the industry such as licensing.
  • Municipalities could put in place zoning restrictions, with businesses lawfully located only in precincts where a majority of residents voted in favor of the amendment.
  • There would be a residency requirement for marijuana businesses that would expire after seven years.
  • Adults 21 and older would be allowed to cultivate, possess, use, sell, share and transport cannabis.
Ohio Families for Change hoped to make the 2018 ballot but didn’t have enough time to gather the necessary signatures, at least 305,591, before a July deadline.

Because the campaign will try to qualify for next year’s ballot, the number of required signatures will likely increase. According to the newspaper, the number of signatures necessary to qualify is based on the amount of votes cast in the most recent gubernatorial election.
 
Another example of our state governments at work. :horse::BangHead:



Ohio’s Medical Marijuana Program Couch-Locked By Bureaucracy And Politics


Two years after medical cannabis was legalized in September 2016, Ohio’s program has been plagued by court battles, disputes over miscounted cultivator licenses, clerical errors and auditing flaws.

Applicants hoping to open dispensaries will have to bide their time while the Ohio Pharmacy Board postpones licensing for medical cannabis dispensaries, but patients and caregivers say delays can be deadly.

Nicole Scholten’s 14-year-old daughter, Lucy, has epilepsy and cerebral palsy.

“I wish I could say I was shocked,” Scholten told Marijuana.com. “We’ve got children, like Lucy, who don’t respond to traditional drugs and we know medical cannabis can help their seizures.”

Scholten is the director of Ohio Family Cann, a statewide advocacy group for families of children with catastrophic life-limiting disorders.

“We’ve studied, we’ve done our due diligence, and some families from our group have even moved to Colorado. We know what we need for our children,” said Scholten, formerly a schoolteacher in Cincinnati and now a full-time caregiver to Lucy.

Robert Ryan, Executive Director of Ohio Patients Network, called the delay another example of how the current administration does not support the state’s medical cannabis program.

“From the beginning, the Pharmacy Board conjured up a complicated set of regulations for medical marijuana. They act like they’re handling plutonium,” Ryan, a retired aerospace engineer, told Marijuana.com. “They didn’t design a viable program because they have no interest in making it work. There’s been official obstruction every step of the way.”

Ohio Pharmacy Board spokesperson Cameron McNamee told Marijuana.com that the decision to postpone “was due to some unexpected delays in information required to validate an applicant meets the minimum license qualifications, background checks, 500-foot rule, etc.”

McNamee clarified that the delay had nothing to do with earlier controversies that have caused numerous setbacks.

On several occasions during the past six months, the Ohio Auditor’s office uncovered errors in how regulators scored applications for cannabis grow licenses.

Although the Department of Commerce, which oversees cannabis cultivators, processors and testing labs, acknowledged the discrepancies, lawsuits abound.

The Commerce Department contracted Ernst & Young to undertake an independent review, validate all scores and defend it in pending court battles, as well as the 67 administrative appeals from unsuccessful applicants.

Ohio judges recently dismissed several lawsuits and a request from some lawmakers to start over from scratch.

McNamee said the Pharmacy Board will release the final list of dispensaries in June 2018.
 

Ohio to announce sites for medical marijuana dispensaries

COLUMBUS, Ohio (AP) — Ohio officials are ready to announce where the state's 56 medical marijuana dispensaries will be located.

The Board of Pharmacy is expected on Monday to name who will get the licenses in 28 geographic districts.

The board has been getting background checks and verifying that proposed locations are at least 500 feet from schools and churches.

Overall, there were 376 applications for the medical marijuana dispensaries.

The sites that are selected will be allowed to sell medical marijuana to qualified and registered patients who have received recommendations from a state-approved list of doctors.

The Dayton Daily News reports that two districts in western Ohio won't get dispensaries yet because there were no applicants or no qualified applicants.
 

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