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Law OHIO MMJ

Ohio Bill Removing Marijuana Paraphernalia Convictions From Criminal Records And Allowing Broader Expungement Heads To Governor


Ohio lawmakers on Thursday morning sent the governor a large-scale criminal justice reform bill that contains provisions to protect people from having criminal records for arrests or convictions over simple possession of marijuana paraphernalia. It also includes measures clearing a path for people to have convictions for cannabis possession and other offenses sealed and expunged.

Under the comprehensive measure from Sen. Nathan Manning (R), misdemeanor cannabis paraphernalia possession cases would “not constitute a criminal record,” nor would they need to be disclosed “in response to any inquiries about the person’s criminal record.”

The bill, which now heads to the desk of Gov. Mike DeWine (R), covers a wide range of issues, including sentencing reform for people in prison and criminal records expungements.

The legislation would maintain that cannabis possession is considered a minor misdemeanor offense—but it would provide a pathway for sealing the record from public view after six months and expunging the conviction altogether after three years, according to the sponsor.



There would be a fee of generally not more than $50 to obtain the record relief, but it could be waived if the applicant can show they are indigent.

“This bill will improve public safety for all Ohioans, while ensuring that people in prison have the tools they need to succeed and give back to their communities when they return home,” Manning said in a press release after the Senate initially passed the legislation last month.

The bill underwent some changes in the House this week that were unrelated to its cannabis provisions. It was then approved in its amended form by the Senate.



Of course, advocates would like to see Ohio take much bolder steps toward ending cannabis criminalization. But after an activist-led ballot campaign and legislative attempts to legalize marijuana stalled out this year, the Senate vote represents a welcome development.

The campaign Coalition to Regulate Marijuana Like Alcohol (CTRMLA) sought to put legalization on the ballot this year, but it faced complications that ultimately pushed the reform proposal back to 2023 at earliest.

In the legislature, a pair of Ohio Democratic lawmakers separately filed a bill to legalize marijuana in April that directly mirrors the proposed initiative that activists had pursued, but it did not advance in time.

A GOP legislator who sponsored a different bill to tax and regulate cannabis has tempered expectations this year about the chances for legislative reform, signaling that the issue will likely have to be decided by voters.

The House Finance Committee held a hearing on the Democratic and Republican legalization bills last week, but no votes were held.

Ohioans have made clear that they’re ready for a policy change during elections in multiple recent cycles, including this latest one where voters in five more cities approved local marijuana decriminalization ballot initiatives.

A recent poll found that a majority of Ohio voters would support marijuana legalization at the ballot statewide.

As of September, Ohio medical marijuana sales officially surpassed the $1 billion mark since dispensaries started serving patients in April 2019, state data shows.
 

Ohio Lawmakers File Medical Cannabis Revamp Bill


A pair of Republican lawmakers in Ohio have introduced a bill to overhaul the state’s medical marijuana program.


Two Republican state lawmakers in Ohio have introduced a bill to revamp the state’s medical marijuana laws that would create a new state agency to oversee the program and allow more patients to use cannabis medicinally. The measure, Senate Bill 9, was introduced by state Senators Steve Huffman and Kirk Schuring on January 11 and on Tuesday was referred to a legislative committee for consideration. The bill is similar to another proposal from the last legislative session, Senate Bill 261, that failed to gain approval in the Ohio House of Representatives after passing in the Senate in December 2021.

Both pieces of legislation attempt to update Ohio’s medical marijuana law, which was passed by the General Assembly and signed into law in 2016. Under the new bill, a new state agency, the Division of Marijuana Control, would be created as part of the Ohio Department of Commerce to regulate the state’s medical marijuana program. The legislation also creates a 13-member commission responsible for oversight of the new agency and the medical program. Under current law, the state’s medical marijuana program is overseen by the Ohio Department of Commerce, the State Medical Board of Ohio and the Ohio Board of Pharmacy.

“What we’ve found is that many of the growers want to expand and grow more,” Huffman said in a statement quoted by local media. “There’s more growers, there’s more demand. They put an application into the Department of Commerce, and it sits there for 18 months, two years. Hopefully this takes the bureaucracy out of this and streamlines things and make it a better-functioning industry.”

Ohio Bill Adds New Qualifying Conditions

Senate Bill 9 would also add autism spectrum disorder, arthritis, migraines, chronic muscle spasms and opioid use disorder to the state’s list of medical conditions that qualify a patient to use cannabis medicinally. Currently, the list of qualifying conditions includes more than two dozen serious medical conditions including cancer, chronic pain, AIDS, Parkinson’s disease, PTSD and terminal illnesses.

The measure also allows medical marijuana use by patients who have other debilitating medical conditions that can be treated with medicinal cannabis, as determined by their physician. The earlier bill had a similar provision, allowing patients to use medical cannabis if a doctor decides that “the patient’s symptoms may reasonably be expected to be relieved from medical marijuana.”

In a committee hearing on Senate Bill 9 held on Tuesday, Huffman and Schuring told their colleagues that many medical marijuana patients in Ohio are crossing state lines to obtain cannabis from neighboring states with more liberal marijuana laws. As of Januray 1, ore than half of the more than 320,000 patients who have registered in the history of Ohio’s medical marijuana program, only about 164,000 had an active doctor’s recommendation and patient registration, according to information from state regulators.


“The largest dispenser for Ohioans is in Michigan,” Huffman said in testimony Tuesday. “We need to turn that around, and make it more friendly, so people come here and they have a safe, viable product.”

Senate Bill 261 also would have allowed the state’s licensed medical marijuana cultivators to expand their growing operations. Although the provisions to increase the square footage of allowable cultivation space are not included in the new bill, Huffman said he is open to amending the legislation to add the increased growing area.

“In my discussions with Sen. Schuring, we felt this would be a positive move and positive change for the industry,” Huffman said. “At the same time hopefully members of the House will be comfortable with it.”

Recreational Marijuana Proposal Under Consideration

Ohio lawmakers are also considering a bill that would legalize recreational marijuana in the state. Earlier this month, Secretary of State Frank LaRose reintroduced the proposal, which would legalize marijuana for adults 21 and older and levy a 10% tax on commercial cannabis products. Activists had hoped the measure would appear on the ballot for the November midterm election, but legal challenges caused delays that led to an agreement with state officials to revisit the issue this year. If the state legislature does not approve the measure within four months, the Coalition To Regulate Marijuana Like Alcohol, the group spearheading the legalization effort, can collect signatures to put the proposal before the voters in the fall.

Despite the adult-use cannabis legalization bill, Huffman, who is a physician, said that he is still interested in improving the state’s medical marijuana program. If recreational marijuana is legalized, he said it would create an environment without “much of a medical marijuana industry.”

“This bill, to me, is not so much about the ballot initiative, but to make the industry as best as we can,” Huffman said.

Trent Woloveck, the chief strategy officer of Jushi, a vertically integrated, multistate cannabis operator that last week opened Beyond Hello Cincinnati, the company’s first medical marijuana dispensary in Ohio, called on state lawmakers to approve Senate Bill 9 in a statement to High Times.

“If passed, SB 9 will make safe, tested medical cannabis products accessible to more Ohioans by expanding qualifying conditions, authorizing additional administration forms and codifying mechanisms to allow responsible, incremental industry growth,” said Woloveck. “Ultimately, the changes proposed in SB 9 will facilitate a stable supply chain, reduce product prices and generally benefit Ohio patients.”

Senate Bill 9 has been referred to the Senate General Government Committee for consideration. At a hearing on Tuesday, the Republican chair of the panel, Senator Michael Rulli, said that the committee would move quickly on the bill.
 

Ohio to eliminate Board of Pharmacy as Medical Marijuana regulator


Ohio's medical marijuana industry is getting at least one of the regulatory reforms it's been clamouring for.​


Within the state's recently passed operating budget is a provision that requires the formation of a Division of Marijuana Control within the Ohio Department of Commerce, effectively eliminating the Board of Pharmacy as a regulating entity in the area of legal cannabis.


Since former Gov. John Kasich signed the bill establishing the Ohio Medical Marijuana Control Program (OMMCP) in 2016, Ohio's commerce and pharmacy departments have shared oversight of licensed marijuana companies.



Cultivators, processors and testing labs have been primarily overseen by commerce. Dispensaries and retail operations, meanwhile, are regulated by pharmacy, which also maintains the registry of medical marijuana patients and caregivers.


This dynamic has been a source of headaches for cannabis companies required to deal with both agencies. Problems tend to be more common for larger and vertically integrated businesses with licenses across cultivating, processing and dispensing.


With this bifurcated system of regulation, "there are some times and some instances with disagreements in interpretations of the rules, and they don't always give operators the same answers on things," said Charlie Trefny, government affairs director for the Ohio Medical Cannabis Industry Association.



Operators have complained of issues with differing feedback coming out of each department on things like product labeling, for example.


Even if a cultivator and/or processor doesn't have retail operations, pharmacy sill reviews the labels attached to the packaged flower they grew or the products they manufactured. And there have been repeat instances of a grower or processor getting product labels OK'd by commerce — their primary regulator — only to be later rejected by pharmacy.


It's a relatively small issue that was more common early on in the launch of the marijuana program, but it's nonetheless cost some caught in the scenario time, money and frustration. Giving the industry one regulator to deal with makes for a more generally business-friendly environment.



Trefny said that the OMCIA has been in talks with the governor and past general assemblies about tweaking the regulatory dynamic for a couple of years, so the inclusion of this change with the budget was a welcome development.


"The big thing about this regulatory consolidation is making the supply chain more efficient," Trefny said. "And I think it's just good policy."


The language in the state budget requires oversight of dispensaries as well as the patient and caregiver registry to be transferred from pharmacy to commerce by Dec. 31.



In a note to patients, the OMMCP said it would communicate any changes that might impact them as the transition happens.


Flattening the regulatory regime for companies from two agencies to one has been one of many provisions in Senate Bill 9, a piece of legislation intended to reform several aspects of the OMMCP to the potential benefit of both companies and customers.


There are many parts of that sweeping bill current industry players don't like, however, including language that would permit the issuance of additional cultivation licenses to standalone processors and enable smaller Level 2 cultivators to expand growing space to 15,000 square feet. Under current laws, Level 2 cultivators begin with 3,000 square feet of growing space but may apply to scale up to 6,000 and 9,000 square feet.


Several existing cannabis companies have bristled at the idea of legislation bringing additional cultivation space online at a time when the market is oversupplied, 60% of already licensed grow space is not being utilized, and patient rolls are not growing.



"If you have an imbalance between supply and demand, you could reduce or increase supply, but why not go after the other side of the equation and increase the number of patients materially to make up the imbalance? We need to improve the consumer side first," said Jeremy Unruh, senior vice president of public and regulatory affairs for PharmaCann Inc., a Chicago-based multistate operator with cultivation, processing and three dispensaries in Ohio.


OMCIA has ultimately expressed opposition to SB9 because of the elements that it says don't improve the business environment for current operators.
 

Majority Of Ohio Voters Support Marijuana Legalization, New Poll Shows As Activists Collect Final Signatures For Ballot Measure

As Ohio activists work to collect a final batch of signatures needed to put a marijuana legalization initiative on the state’s November ballot, a new poll shows that a majority of voters back the reform.

The USA TODAY Network/Suffolk University survey, published on Wednesday, found that about 59 percent of Ohioans support legalizing the possession and sale of cannabis for adults 21 and older. Just 35 percent are opposed.

NOTE FROM BARON23 - paragraph deleted due to political content. Follow the link in the article title above if you want to read the edited out verbiage.

There was also majority support among voters in every age group, except for those over 65.

“This confirms what we’ve been saying all along: Regulating the possession and sale of marijuana to adults is popular in Ohio,” Tom Haren, spokesperson for the Coalition to Regulate Marijuana Like Alcohol (CTRMLA), told Marijuana Moment on Wednesday. “Ohioans recognize the regulated markets are better than unregulated markets.”

“They’ve seen that regulation has been successfully implemented in 20-plus states at this point. They know that, in Ohio, we know how to regulate the sale of marijuana,” he said. “We’re building off of an existing medical marijuana infrastructure. So, we take this poll is a confirmation of what we’ve been saying from from day one, that Ohioans are ready to take this step to regulate an adult-use market.”

NOTE FROM BARON23 - paragraph deleted due to political content. Follow the link in the article title above if you want to read the edited out verbiage.

The survey involved interviews with 50o Ohio voters from July 9-12, with a +/-4.4 percentage point margin of error.

The Ohio secretary of state’s office announced on Tuesday that the campaign behind the legalization initiative came up 679 signatures short to qualify for the ballot, triggering a 10-day curing period that will allow activists to collect enough to make up the deficit by August 4.

Haren said that the campaign is “confident” it will be able to achieve that, adding that he is “incredibly thankful to have such a strong advocacy community” who have reached out to assist in this final push.

Here are the key provisions of the legalization ballot measure that may appear on the November ballot:

  • The initiative would legalize possession of up to 2.5 ounces of cannabis for adults 21 and older, and they could also have up to 15 grams of marijuana concentrates.
  • Individuals could grow up to six plants for personal use, with a maximum 12 plants per household.
  • A 10 percent sales tax would be imposed on cannabis sales, with revenue being divided up to support social equity and jobs programs (36 percent), localities that allow adult-use marijuana enterprises to operate in their area (36 percent), education and substance misuse programs (25 percent) and administrative costs of implementing the system (three percent).
  • A Division of Cannabis Control would be established under the state Department of Commerce. It would have authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed.”
  • The measure gives current medical cannabis businesses a head start in the recreational market. Regulators would need to begin issuing adult-use licenses to qualified applicants who operate existing medical operations within nine months of enactment.
  • The division would also be required to issue 40 recreational cultivator licenses and 50 adult-use retailer licenses “with a preference to applications who are participants under the cannabis social equity and jobs program.” And it would authorize regulators to issue additional licenses for the recreational market two years after the first operator is approved.
  • Individual municipalities would be able to opt out of allowing new recreational cannabis companies from opening in their area, but they could not block existing medical marijuana firms even if they want to add co-located adult-use operations. Employers could also maintain policies prohibiting workers from consuming cannabis for adult use.
  • Further, regulators would be required to “enter into an agreement with the Department of Mental Health and Addiction Services” to provide “cannabis addiction services,” which would involve “education and treatment for individuals with addiction issues related to cannabis or other controlled substances including opioids.”
  • With respect to social equity, some advocates are concerned about the lack of specific language on automatic expungements to clear the records of people with convictions for offenses that would be made legal under the legislation. That said, the measure does include a provision requiring regulators to “study and fund” criminal justice reform initiatives including expungements.
 

Ohio now expected to vote on Cannabis Legalization in November


Ohio is now expected to vote on cannabis legalisation in November this year after campaigners successfully gathered more than 6000 additional signatures.


Last month, Business of Cannabis reported that the Coalition to Regulate Marijuana Like Alcohol (CRMLA) had submitted roughly 223,000 signatures to the Ohio secretary of state’s office.


Despite the overwhelming numbers, a subsequent verification review found that only 123,367 signatures were found to have qualified, leaving the campaign 697 valid signatures short of the number required to put legalisation on the ballot.


The CRMLA was given just 10 days to fill the gap, seeing them submit 10 times the number of signatures needed.


While campaign organisers say they’re confident they have more than enough signatures to meet the threshold, they will now have to wait for the county and state officials to confirm enough of the 6545 new signatures are valid.


“This submission validates what we’ve said all along: regulating marijuana is popular in Ohio,” Tom Haren, spokesperson for CTRMLA said.


“We’re looking forward to giving Ohio voters a chance to make their voices heard at the ballot this fall.”


Should the adult-use legalisation vote make it onto the ballot this year, it will coincide with the controversial abortion rights bill which is expected to significantly boost voter turnout.


According to MJBizDaily, past results suggest the chances of legalisation being passed are highest when voter turnout is high, which could see Ohio become the third US state to pass such reform in 2023.
 
No surprise but now its official

Ohio Marijuana Legalization Initiative Will Appear On The November Ballot, State Officials Announce


An initiative to legalize marijuana in Ohio will appear on the state’s ballot this November, officials announced on Wednesday.


About two weeks after activists turned in a final round of signatures for the cannabis proposal, the secretary of state’s office has now certified that it met the requirements for ballot placement.



The Coalition to Regulate Marijuana Like Alcohol (CTRMLA) submitted more than 220,000 signatures for the measure last month, but the state found that advocates came up short by 679 valid signatures. They were then given an additional 10 days to make up the differences and ultimately turned in about 6,500.


Secretary of State Frank LaRose’s office said in a letter to the campaign on Wednesday that 4,405 of those final signatures were valid. That brings the total to 127,772 signatures, which is about 3,000 more than they needed to make the ballot.


“We are grateful to the thousands of Ohioans who helped us get to this point and are excited to bring our proposal to regulate marijuana like alcohol before Ohio voters this coming Election Day,” CTRMLA spokesperson Tom Haren said.



The larger group of signatures that the Ohio campaign submitted last month represented the second batch it has turned in to the state.


The first round, submitted last year, triggered a four-month legislative review period that lawmakers could have used to act on the issue—but they didn’t, which allowed the campaign to begin collecting the second half of the petitions they needed to make the ballot.


Activists initially worked to put the legalization initiative on last year’s ballot, but procedural complications prevented that from happening. Activists turned in enough signatures to trigger the legislative review, but the timing of their initial submission was challenged.


CTRMLA filed suit to force ballot placement, but that was unsuccessful with respect to the 2022 election. However, the state agreed to a settlement that meant they would not have to collect the first round of initial signatures again and that the initiative would be immediately retransmitted to the legislature at the start of the 2023 session.



Here are the key provisions of the legalization ballot measure that may appear on the November ballot:


  • The initiative would legalize possession of up to 2.5 ounces of cannabis for adults 21 and older, and they could also have up to 15 grams of marijuana concentrates.
  • Individuals could grow up to six plants for personal use, with a maximum 12 plants per household.
  • A 10 percent sales tax would be imposed on cannabis sales, with revenue being divided up to support social equity and jobs programs (36 percent), localities that allow adult-use marijuana enterprises to operate in their area (36 percent), education and substance misuse programs (25 percent) and administrative costs of implementing the system (three percent).
  • A Division of Cannabis Control would be established under the state Department of Commerce. It would have authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed.”
  • The measure gives current medical cannabis businesses a head start in the recreational market. Regulators would need to begin issuing adult-use licenses to qualified applicants who operate existing medical operations within nine months of enactment.
  • The division would also be required to issue 40 recreational cultivator licenses and 50 adult-use retailer licenses “with a preference to applications who are participants under the cannabis social equity and jobs program.” And it would authorize regulators to issue additional licenses for the recreational market two years after the first operator is approved.
  • Individual municipalities would be able to opt out of allowing new recreational cannabis companies from opening in their area, but they could not block existing medical marijuana firms even if they want to add co-located adult-use operations. Employers could also maintain policies prohibiting workers from consuming cannabis for adult use.
  • Further, regulators would be required to “enter into an agreement with the Department of Mental Health and Addiction Services” to provide “cannabis addiction services,” which would involve “education and treatment for individuals with addiction issues related to cannabis or other controlled substances including opioids.”
  • With respect to social equity, some advocates are concerned about the lack of specific language on automatic expungements to clear the records of people with convictions for offenses that would be made legal under the legislation. That said, the measure does include a provision requiring regulators to “study and fund” criminal justice reform initiatives including
 
"Employers could also maintain policies prohibiting workers from consuming cannabis for adult use."

Is it just me or anyone else see an issue with this? I think that needs to be clarified, particularly vis a vis medical user regs!
 
Ohio Ballot Board sets language for proposed recreational marijuana law


The Ohio Ballot Board unanimously voted Thursday to solidify the language voters will see for the proposed recreational marijuana law in the November election.


The Coalition to Regulate Marijuana like Alcohol is backing the ballot proposal which would legalize and regulate cultivation, manufacturing, testing and the sale of marijuana to Ohioans 21 and up. It would also legalize home grow for Ohioans 21 and up with a limit of six plants per person and 12 plants per residence, and impose a 10% tax at the point of sale for each transaction.

“Unanimous approval by the bipartisan ballot board should assure voters that ‘What they see is what they’ll get’,” Coalition to Regulate Marijuana like Alcohol spokesperson Tom Haren said in a statement. “That means: hundreds of millions of dollars in new revenue and stringent regulation like we already have in our existing medical marijuana market. We are looking forward to putting the illicit market out of business this November.”

The proposal will be State Issue 2 on the Nov. 7 election.

No one spoke during the public comment portion of Thursday’s meeting in regards to Issue 2 nor was there discussion about it among the five-person Ballot Board, chaired by Ohio Secretary of State Frank LaRose. State Rep. Elliot Forhan, D-South Euclid, citizen William N. Morgan, Sens. Theresa Gavarone, R-Bowling Green and Paula Hicks-Hudson, D-Toledo are also on the board.

The Ballot Board determines what language voters will see on ballot.

After originally not getting enough valid signatures, CRMA ended up collecting more than enough after the 10-day cure period, winding up with 127,772 valid signatures — 3,000 more than needed to get on the ballot.

The ballot language

The proposed law would establish the Division of Cannabis Control within the Department of Commerce which would “regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories and individuals required to be licensed.”

It would create five funds in the state treasury: the adult use tax fund, the cannabis social equity and jobs fund; the host community cannabis fund; the substance abuse and addiction fund, and the division of cannabis control and tax commissioner fund.

Landlords or an employer would have the authority “to prohibit the adult use of cannabis in certain circumstances, and prohibit the operation of a motor vehicle while using or under the influence of adult use cannabis and from using any other combustible adult use cannabis while a passenger in a motor vehicle.”

The proposed law would require the Division of Cannabis Control to enter into an agreement with the Department of Mental Health and Addiction Services to establish a program for cannabis addiction services.
 
Only One In 10 Ohio Prosecutors Say They’ll Seal Drug Records Under Reform Law, With Most Eyeing Relief For Marijuana Convictions, Study Finds


As Ohio voters prepare to decide on a marijuana legalization initiative on the November ballot, only about one in 10 Ohio prosecutors say they’re likely to take advantage of a separate recently enacted law that allows them to independently seal the records of people with low-level drug convictions—and most of those say they’d focus on cannabis-related offenses—according to a new study.


Researchers at Ohio State University surveyed 86 municipal prosecutors this year to better understand the practical impact of the reform, which passed the legislature in late 2022. They found that 12 percent of the officials were either “somewhat likely” or “very likely” to pursue relief on their own, without an eligible person petitioning for record sealing.


While that may seem like a small fraction of the prosecutorial population, it should be noted that three of the nine prosecutors who said they were inclined to utilize the authority represent three of Ohio’s four largest cities, covering about 13 percent of the overall population.


The survey also asked prosecutors about their reasons for saying they were likely or unlikely to facilitate record sealing. Among the 50 percent who said they likely would not, most said it was because of limited staffing resources (69 percent), followed by a budhetary inability to pay the $50 fee for each application (55 percent).


Another 51 percent said the “current defendant-initiated system is sufficient,” and 43 percent said they did not believe it was their office’s responsibility to take those steps.


On the flip side, 89 percent of prosecutors who said they were likely to provide relief under the recently enacted law explained that doing so would be “key to limiting collateral consequences for people with low-level offenses.”







They also said that the “current defendant-initiated system is too difficult and costly for ordinary people to navigate” (67 percent), and sealing records “would help address racial inequities in the criminal justice system” (56 percent).


The survey also asked those who said they would process relief on their own about what types of cases they had in mind. Three of the nine cited marijuana possession cases of up to 100 grams, two said cannabis possession cases involving 100-200 grams, two said drug paraphernalia cases, two said illegal marijuana cultivation with up to 100 grams, two said cultivation of 100-200 grams and two said illegal gifting of cannabis up to 20 grams.


The law at the center of this study also protects people from getting criminal records for possessing cannabis paraphernalia.


“With some large Ohio jurisdictions publicly stating their intention to move forward with prosecutor-initiated sealing/expungement and others likely to pursue prosecutor-initiated sealing/expungement given their past efforts, it is still quite possible that the new prosecutor-initiated process will greatly increase the total number of persons receiving record relief in the state of Ohio,” the study authors wrote.


While the survey doesn’t identify the respondents and the jurisdictions they represent, the mayor of Cleveland has voiced strong support for the underlying legislation and said in April that the city would be pursuing relief for thousands of residents with marijuana convictions on their records.


“The Ohio General Assembly should be commended for its past and continuing efforts to expand access to record relief in various ways,” they said. “But with research in Ohio and elsewhere demonstrating that legal changes are just a first step in aiding persons unduly burdened with criminal records, the General Assembly and other policymakers in Ohio should be sure to keep examining and studying the implementation and effectiveness of the various reforms.”


In the background of this report, Ohio voters are set to decide on broadly legalizing marijuana for adult use this November, with the state Ballot Board finalizing summary language for the initiative on Thursday after the secretary of state’s office certified that the campaign collected enough valid signatures for ballot placement.


The measure would not provide for automatic expungements, however, to the disappointment of social equity advocates. That said, it does include a provision requiring regulators to “study and fund” criminal justice reform initiatives including expungements.


An economic analysis from Ohio State University researchers that was published this month found that Ohio could see up to $403.6 million in annual tax revenue from adult-use marijuana sales if voters approve the legalization ballot initiative.
 
So, you Ohioans....get out there and VOTE

"Republican Senate President Matt Huffman warned during a speech in the Senate last week that if the bill is approved he would attempt to bring that statute ‘right back before this body’, later clarifying that he intended to advocate for ‘reviewing and repealing things or changing things that are in it’.

If he/they do thwart a referendum passed by the electorate, as has been attempted by high handed fucking ass hat politicians elsewhere, you Ohioans need remember it clearly and send these fuckers packing.

Ohio begins vote on Adult-Use Cannabis

Ohio residents began early in-person voting on the state’s adult-use cannabis legalisation initiative last week.


Ahead of the statewide election on November 07, voters have had the chance to vote on the landmark legislation, listed as ‘Issue 2’, since October 11.


The proposed ballot would make Ohio the 24th US state to legalise adult-use cannabis, enabling anyone over 21 to possess up to 2.5 ounces of cannabis and cultivate up to six cannabis plants per person per home.


A new Division of Cannabis Control would also be established to licence and regulate the industry, with a 10% tax imposed on cannabis products to cover administrative costs and fund social equity programmes.


As Business of Cannabis reported in August, the bill seems to have strong bipartisan support, and nearly 60% of voters said they were in favour of legalisation.


Despite the strong support, a group of Republican state senators have threatened to throw a spanner in the works.


Last week the group passed a resolution urging voters to reject the bill, claiming it would bring ‘unacceptable threats and risks to the health of all Ohioans’.


The group added that legalisation would: “Create dangers in the workplace and unacceptable challenges and costs to employers, will make Ohio’s roads more dangerous, will impose significant new, unfunded costs to Ohio’s public social services, and serves only to advance the financial interests of the commercial marijuana industry and its investors.”


While the bills proponents have dismissed the resolution as pure misinformation and have called upon television stations to stop running it, lawmakers could also look to derail the bill if it passes.


Republican Senate President Matt Huffman warned during a speech in the Senate last week that if the bill is approved he would attempt to bring that statute ‘right back before this body’, later clarifying that he intended to advocate for ‘reviewing and repealing things or changing things that are in it’.
 
This is what a-holes like Huffman in the Ohio GOP have become!


People like him are embracing fascism as their go-to solution to getting their political way...DONT LET THEM DO THAT!!!

DEMOCRACY IS ALL ABOUT MAJORITY RULE!
 

Ohio Senate President Plans To Repeal Cannabis Legalization if Passed by Voters in November

Legislators have introduced a senate resolution urging Ohio voters to vote “no.”

The official voting day for Ohioans is Nov. 7, but early voting has already begun on Oct. 11. This is a significant year for cannabis because a cannabis legalization measure, which is labeled as Issue 2, is appearing on the ballot. However, some legislators are not thrilled with the idea that cannabis legalization could be approved, and announced plans to possibly repeal the law if it does get passed.

Senate President Matt Huffman spoke on the Senate floor in opposition of SR-216, stating that it will be “coming right back before this body” and will likely receive changes. “We’re going to have a mental health crisis on our hands,” Huffman said, if voters approve Issue 2. “We are going to pay for this for years and years and years, and it’s only going to get worse.” He added that he will push to review and repeal parts of the bill if it gets passed.

“If Issue 2 passes, there will be more teenagers in the state of Ohio committing suicide,” Huffman said. “And our reaction to that will not be, ‘Let’s make marijuana illegal,’ because by that time, more people will be making lots of money. It will be, ‘Maybe we should hire drug counselors, get into the schools, talk about kids not taking drugs.’ But by then it will be too late. It’ll be even more part of our culture. And no, I’m not a scientist, but I’m a person who can look at facts and listen to scientists and know that that’s true.”

Just as early voting began last week, Republican Sen. Mark Romanchuk and Rep. Terry Johnson, along with 14 other cosponsors, introduced Senate Resolution 216, claiming all of the potential harms that legalization will bring if voters choose to vote and approve Issue 2.

“…The proposed statute authored by the commercial marijuana industry does not serve the best interests of the people of Ohio, will bring unacceptable threats and risks to the health of all Ohioans, especially children, will create dangers in the workplace and unacceptable challenges and costs to employers, will make Ohio’s roads more dangerous, will impose significant new, unfunded costs to Ohio’s public social services, and serves only to advance the financial interests of the commercial marijuana industry and its investors…,” the bill text stated.

Many of the points of concern in the bill have long been used by anti-cannabis supporters, such as calling cannabis a gateway drug that leads four of our 10 people to try other drugs, and that cannabis use leads to opioid use disorder. While it claims that drug overdoses are the “leading cause of injury and death” in the state, with an estimated 33,000 Ohioans having died due to drug overdoses between 2011-2020, state records for COVID-19 deaths are recorded at over 42,000.


The Center for Disease Control and Prevention shows that the top 10 leading causes of death in 2017 for Ohioans was heart disease, cancer, accidents, chronic lower respiratory disease, stroke, Alzheimer’s disease, diabetes, flu/pneumonia, kidney disease, and septicemia.

The resolution also included claims that regular cannabis use “can irreversibly reduce intelligence, memory, and learning ability,” along with claims that underage cannabis use causes risks of academic performance, IQ, and behavior, and that cannabis in adolescence leads to risks of “psychosis, a severe mental disorder characterized by distorted thinking and loss of touch with reality, as well as depression and suicide.”

They conclude the bill text by stating that they urge voters to reject Issue 2 to “preserve and protect our state’s high quality of life, the health and safety of our citizens, the strength and prosperity of our communities, our strong economic growth, our favorable environment for business success, and opportunity for all citizens and the future for our young people…”

The campaign group submitted nearly 130,000 signatures to get Issue 2 onto the ballot, after first coming up short of the necessary 124,046. “It looks like we came up a little short in this first phase, but now we have 10 days to find just 679 voters to sign a supplemental petition—this is going to be easy, because a majority of Ohioans support our proposal to regulate and tax adult use marijuana,” said Coalition to Regulate Marijuana Like Alcohol (CRMA) spokesperson Tom Haren.

A recent poll from the CRMA, which is the same advocates group behind the initiative, found that three out of every five Ohioans plan to support the measure come November. A similar poll conducted in September 2020 showed that voters said they were “29% “strongly approving” and 34% “somewhat approving” (63% total) compared to this year’s results with “50% strongly approving” and “17% somewhat approving” (67% total).

Recent projections from Ohio State University show that the state could generate somewhere between $275 million to $403 million in recreational tax revenue by the fifth year of legalization.
 

Ohio Polls Show Majority Support For Marijuana Legalization Ahead Of Ballot Initiative Vote


With little more than a week before Election Day in Ohio, two new polls indicate that a comfortable majority of voters support legalizing adult-use marijuana—the subject Issue 2 on the state ballot.

A survey of 638 Ohio voters by Public Policy Polling found that 59 percent of respondents would vote yes on Issue 2, while 39 percent would vote against it. Just 2 percent were undecided.

A separate poll from Northern Ohio University, meanwhile, found that two out of three voters support legalizing marijuana generally—though the survey didn’t specifically ask about Issue 2. Questions about cannabis in that survey were limited to use and attitudes toward the drug and policies surrounding it generally.

Pollsters behind the Northern Ohio University survey said the findings nevertheless bode well for Issue 2.

“There has been a rapid rise in the legalization of recreational marijuana across the country and Ohio appears poised to become the next state to legalize it given attitudes we are seeing about the use of recreational marijuana in the state,” Robert Alexander, a political science professor and the founding director of the Institute for Civics and Public Policy at Ohio Northern University.

On legalization, only 8 percent of all respondents said cannabis should be prohibited entirely. Almost a quarter (23 percent) said it should be legal for medical use only. Most (66 percent) said it should be legal for both medical and recreational use.

Opinions on adult-use legalization especially differed sharply by party. Among Democrats or those who lean Democrat, 82 percent said they support recreational legalization. On the other side, 48 percent of Republican or Republican-leaning voters favored legalization.

Support for adult-use and medical marijuana was nevertheless the plurality position among GOP voters. Another 35 percent said cannabis should be legal only for medical use, while 12 percent said it should be illegal for all uses.

The Northern Ohio University poll also asked about marijuana use and social attitudes toward cannabis. Majorities of voters on the left (74 percent) and right (60 percent) said they’d used cannabis.

Overall, two thirds of respondents (67 percent) said they’d used marijuana, while 31 percent said they hadn’t. Another 13 percent said they weren’t comfortable answering the question. Among people who use marijuana, the two most common answers when asked about frequency were “rarely” (50 percent) and daily (29 percent).

Unsurprisingly given those findings, most people also know others who use cannabis. Asked how many of their friends and family members consume, 32 percent said some do, 23 percent said most, 22 percent said very few and 18 percent said no one uses it. Five percent said they weren’t sure.

Forty-one percent of respondents said they think “using marijuana openly” is socially acceptable, 31 percent said it was tolerable and 24 percent said it was unacceptable.

The poll also asked about people’s opinions of others’ who use marijuana. If a friend or family member used cannabis, 82 percent of respondents said it would not change their opinion of that person. Only 9 percent of respondents said they would think less of the person, while 5 percent said they would think better of them.

“Although there is a lot of discussion about the legalization of marijuana in the state, we know surprisingly little about current marijuana usage and perceptions around it,” Alexander, who co-led the survey, noted in a statement accompanying the results. “Our findings suggest that most people have used it, some use it a lot, and most people are pretty accepting of marijuana use.”

Perhaps reassuring to employers, 84 percent of those surveyed said they use cannabis only after work. Six percent said they do it before work, and 2 percent said they consume before and after work. Another 8 percent said at least some of their cannabis use occurs during work hours.

The survey of 668 registered voters, conducted in collaboration with the polling firm Lucid, ran October 16–19 and has an overall margin of error of 3.8 percent, although the margins of error varied for individual responses.

Other recent surveys of Ohio voters and lawmakers also suggest Issue 2 has a good chance at passage. A separate survey of likely voters published earlier this month found that 57 percent supported the legalization measure, including a slim majority of Republicans.

Another survey of 35 state lawmakers found that majorities of both Democrats (63 percent) and Republicans (52 percent) expected voters to approve the measure.

But while Ohio lawmakers might expect the initiative to pass, many Republican elected officials don’t want it to. As early voting kicked off this month, the GOP-controlled Senate passed a resolution urging residents to reject measure.

Here are the key provisions of the legalization ballot measure on the November 7 ballot:

  • The initiative would legalize possession of up to 2.5 ounces of cannabis for adults 21 and older, and they could also have up to 15 grams of marijuana concentrates.
  • Individuals could grow up to six plants for personal use, with a maximum 12 plants per household.
  • A 10 percent sales tax would be imposed on cannabis sales, with revenue being divided up to support social equity and jobs programs (36 percent), localities that allow adult-use marijuana enterprises to operate in their area (36 percent), education and substance misuse programs (25 percent) and administrative costs of implementing the system (three percent).
  • A Division of Cannabis Control would be established under the state Department of Commerce. It would have authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed.”
  • The measure gives current medical cannabis businesses a head start in the recreational market. Regulators would need to begin issuing adult-use licenses to qualified applicants who operate existing medical operations within nine months of enactment.
  • The division would also be required to issue 40 recreational cultivator licenses and 50 adult-use retailer licenses “with a preference to applications who are participants under the cannabis social equity and jobs program.” And it would authorize regulators to issue additional licenses for the recreational market two years after the first operator is approved.
  • Individual municipalities would be able to opt out of allowing new recreational cannabis companies from opening in their area, but they could not block existing medical marijuana firms even if they want to add co-located adult-use operations. Employers could also maintain policies prohibiting workers from consuming cannabis for adult use.
  • Further, regulators would be required to “enter into an agreement with the Department of Mental Health and Addiction Services” to provide “cannabis addiction services,” which would involve “education and treatment for individuals with addiction issues related to cannabis or other controlled substances including opioids.”
  • With respect to social equity, some advocates are concerned about the lack of specific language on automatic expungements to clear the records of people with convictions for offenses that would be made legal under the legislation. That said, the measure does include a provision requiring regulators to “study and fund” criminal justice reform initiatives including expungements.
Among Republicans, state Sen. Mark Romachuk (R) has warned that passing Issue 2 would lead to more problems for children, on roadways and at work. “This creates challenges to maintaining safe workplaces, especially in industries that require high alertness and precision like Ohio’s manufacturing businesses,” he said, according to local media reports. Romachuk also criticized the initiative’s proposed 10 percent tax as too low.

If the measure does pass, Senate President Matt Huffman (R) said earlier this month, it’s “coming right back before this body” for lawmakers to amend. Huffman later clarified that he wouldn’t seek to repeal the legalization plan entirely but would instead “advocate for reviewing it and repealing things or changing things that are in it.”

A number of Ohio lawmakers said last month that they doubted the legislature would seek to repeal a voter-passed legalization law. “There are not a majority of legislators in both chambers that would be pro-repeal,” Rep. Ron Ferguson (R) told The Dispatch. “You would have no Democrats, and there are not enough Republicans to put them in the top.”

Both sides of the campaign have been stepping up messaging and get-out-the-vote efforts as the election draws nearer. Earlier this month, the yes campaign sent cease and desist letters to TV stations airing what organizers called opposition advertisements “filled with lies.” And the Campaign to Regulate Marijuana Like Alcohol put out a pro-Issue 2 election ad of its own.

Last week, the yes campaign put out another ad, which mocks Ohio from the perspective of a neighboring Michigan town for losing tax revenue when Ohioans drive across state borders to buy marijuana from licensed stores.

The ad came days after a new economic analysis found that Issue 2 would likely produce around $260 million in net benefits to the state on an annual basis.

“Our simulation model suggests that in 90 percent of likely scenarios, recreational marijuana legalization will have a positive net economic benefit on society,” that report said. The modeling also predicted that “extremely positive results are more likely than extremely negative results.”

A separate analysis published in August by Ohio State University researchers found the change could bring in $404 million in annual tax revenue.

Attorney General Dave Yost (R), meanwhile, published an analysis of the initiative that he said is meant to provide voters with “vital clarity and transparency” amid a campaign that has seen “inflamed and inaccurate” rhetoric.

Despite the GOP-led resolution, other Republicans officials in Ohio remain divided on the issue. Gov. Mike DeWine (R) has said he believes “it would be a real mistake for us to have recreational marijuana,” adding that he visited Colorado following its move to legalize in 2012 and saw what he described as an “unmitigated disaster.”

Sen. John Hickenlooper (D-CO), who was Colorado’s governor in 2012, said last year, however, that while he was initially concerned that legalization would encourage more use by young people, he came to believe those worries were unfounded.

“I think we’ve proven and demonstrated that there is no increase in experimentation among teenagers. There is no change in frequency of use, no change in driving while high,” Hickenlooper said. “All the things we most worried about didn’t come to pass.”

Unlike the top state Republican lawmakers, one of the state’s GOP representatives in Congress—Rep Dave Joyce, co-chair of the Congressional Cannabis Caucus, said last month that he’ll be voting in favor of the initiative in November. He encouraged “all Ohio voters to participate and make their voices heard on this important issue.”

The Ohio Ballot Board approved summary language for the legalization measure in August.

Ohio voters rejected a 2015 measure, on a 64–36 vote, that would have amended the state’s constitution to legalize marijuana and give control of the market to a small group of producers. Organizers for the current campaign said they drew on lessons learned from that failure in crafting the current initiative.

If the initiative becomes law, it would bring the total number of states with adult-use legalization to 24.

Bipartisan Ohio lawmakers filed a separate bill to legalize marijuana in May, offering the legislature another opportunity to take the lead on the reform. But it has yet to advance, and now the stage is set for voters to make the choice.
 
Yep, Ohio is finally getting closer as Issue 2, legalization of recreational cannabis, passed today by a landslide. However, as the change in the cannabis law was citizen initiated, it can be tweaked and even repealed in the Ohio legislature at any time.

So time will tell....
 
Then the citizens of OH need to shit can their Governor and any ass wipe legislators that vote for any sort of significant restriction on what was passed by referendum.

Ohio Republican Governor Calls On Lawmakers To Revise Voter-Approved Marijuana Law Before Legalization Takes Effect Next Month




Ohio’s Republican governor is asking lawmakers to take steps to revise the state’s voter-approved marijuana legalization law before key provisions take effect next month.
Just two days after Ohio voters passed the cannabis initiative, Issue 2, Gov. Mike DeWine (R) says he’s talking to GOP leadership in the legislature about amending the statutory measure prior to adult possession and cultivation becoming legal on December 7.




“The voters have said people have a right to smoke marijuana—that’s fine,” he said. “But other people have the right not to smell it and not to have their kids and grandkids exposed to it.”


The initiative as passed does contain restrictions on public consumption, and people would still be barred from smoking in places where tobacco smoking is prohibited, but DeWine evidently sees room to expand or clarify the law’s consumption provisions.


There’s limited time on the calendars of both chambers to introduce and pass legislation to address the governor’s and lawmakers’ concerns before personal possession and cultivation become effective. The Senate is only scheduled to meet twice before December 7, and the House has four session days to act.



“There’s a lot of holes in what was passed. I think [it] would be good if that was all done and done by the 7th so that we’re not in a situation of taking something away from people,” DeWine said. “We’re not in a situation of telling them, ‘For X number of days it’s going to be one thing, and then an X number of days after that it’s going to be something else.”


“I think its in the interest of everybody—if you want to grow marijuana, if you want to sell marijuana, if you consume marijuana or if you’re even just a citizen who wants to protect your children, I think it’s important that we get this done quickly,” he said. “And get it done thoughtfully and come up with a package, so at least everybody knows what the ground rules are when we start something new for the state of Ohio.”


Tom Haren, spokesperson for the Coalition to Regulate Marijuana Like Alcohol (CTRMLA) legalization campaign, told The Columbus Dispatch that he “can’t believe in 2023 we’re actually talking about elected officials not respecting the will of the voters and not respecting the outcome of an election.”


“I expect—I think that every single voter in Ohio has a right to expect—that elected officials will implement and respect the will of voters,” he said.


Rep. Casey Weinstein (D), who has championed cannabis reform in the legislature and sponsored bipartisan legalization legislation, told Marijuana Moment that “Ohioans spoke loud and clear” at the ballot on Tuesday.
 
What a patronizing and condescending POS. Ohioans need to kick this asshole to the curb.

As for "equity" preferences for licensing....I think I'll just keep my opinions to myself but note that Ohioans read the clear English of the referendum and voted for it. End of discussion.

GOP Ohio State Senate President Says Ohioans Didn’t Understand Cannabis Legalization Initiative


Ohio State Senate President Matt Huffman says he is coordinating bipartisan efforts to modify Ohio’s recently approved cannabis legalization law before its main provisions take effect on Dec 7.​


Huffman, a Republican who contends the initiative is lacking in detail, implied Ohio voters were either duped or not quite intelligent enough to have understood specifics such as the equity clause, which prioritizes those who were affected by past cannabis-related law enforcement and over-policing.


“Now did the voters, for example, know that there was going to be a preference for licenses to people that have formerly been convicted for selling drugs illegally? Probably not very many people thought of that,” Huffman said in a recent episode of the “President’s Podcast.”


The voter-approved legalization initiative, known as Issue 2, calls for providing “financial support and assistance for license applications to individuals who have been disproportionately affected by past marijuana-related law enforcement.”


Such provisions are part of every legal marijuana program across the U.S. One reason, among several, is due to past and current racial disparities in marijuana arrests. Blacks are 3.6 times more likely than whites to be arrested for simple cannabis [possession, despite similar usage rates.


“It’s important for the folks to go through here and look to see what changes are going to be made, which we think the public generally wants,” said Huffman, though it seems 57% of Ohioans expressed what they wanted on Nov. 7.


None of this is sitting well with legalization supporters and Democratic politicians.


“Any discussions about changes to Issue 2 should be done with a broad group of stakeholders who have earned the right to be at the table,” State Rep. Casey Weinstein (D) told Benzinga. “Ohio voters sent a resounding message that this is the law they want, so it’s a slap in the face to them to undercut their will behind closed doors.”


Following the Nov. 7 election, Huffman and Republican Gov. Mike DeWine began almost immediately to muster ways to change the initiative before the law legalizing possession of cannabis for adults and cultivation goes into effect. Their strategy involves incorporating cannabis amendments into an unrelated House-passed bill, allowing for swift enactment without new legislation.


Proposals include adjustments to public consumption rules and tax revenue allocation. Related to Huffman’s warning about convicts selling cannabis, discussions are circulating about moving cannabis sales tax from support for social equity programs to local law enforcement, among other changes the GOP-dominated state senate is considering.
 
Deny all you want but Richard Nixon started the original, PARTY OF PRICKS, in regard to cannabis prohibition with his Executive Order creating the DEA! That's right, Nixon along with his Shafer Commission!

And assholes like Ohio's Matt Huffman continue Nixon's GOP legacy!!!!

 

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