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Law OHIO MMJ

Angry Ohio Man Demands His Confiscated Marijuana Be Returned In Expletive-Laced Rant To Police

SHARONVILLE, Ohio (AP) — A man confused about Ohio drug laws has called a police department demanding that officers return the small amount of marijuana they “stole” from him.


WXIX-TV reports the man told a Sharonville police dispatcher in an expletive-laced call Tuesday that it’s legal to possess 100 grams (3.5 ounces) of marijuana, and the amount officers seized was just 4 grams (0.14 ounces).


Sharonville police posted a recording of the call on their Facebook page. The suburban Cincinnati department wryly noted: “People may be a bit in the weeds, so we would like to take this opportunity to clear the haze.”


Sharonville Police Facebook Post (Warning: Inappropriate Language):

1567794660939.png

https://pittsburgh.cbslocal.com/2019/09/06/ohio-sharonville-police-man-demands-marijuana-back/
While some Ohio cities have decriminalized pot possession, it remains illegal in the state.


Sharonville police said they “don’t make the rules” but must uphold them.


https://pittsburgh.cbslocal.com/2019/09/06/ohio-sharonville-police-man-demands-marijuana-back/
 
OHIO MEDICAL MARIJUANA CONTROL PROGRAM
STATEMENT ON VAPING​


Dear Ohio Patients and Caregivers,

The Centers for Disease Control and Prevention (CDC) and several states are investigating the occurrence of severe lung disease among people who report “vaping.” The Ohio Department of Health is investigating five cases of patients experiencing serious respiratory symptoms following e-cigarette or vaping product use.

The Ohio Medical Marijuana Control Program (MMCP) has been in contact with the Ohio Department of Health on this matter. Currently, there are no known connections with vape products sold by MMCP licensees.

The MMCP will continue to work with the Ohio Department of Health and provide updates for patients and caregivers. Updates from the Ohio Department of Health can be found here: https://odh.ohio.gov/wps/portal/gov/odh/know-our-programs/tobacco-use-prevention-and-cessation/news-and-events/.

As a reminder, anyone who thinks that they may be experiencing serious breathing problems linked to vaping should seek immediate medical attention.

Patients can report any adverse events related to medical marijuana to the MMCP Toll-Free Helpline. To contact the line, please dial: 1-833-464-6627.

Sincerely,
The Ohio Medical Marijuana Control Program

========================================================================


Note to reader: It's a requirement in the OMMJ that all patients must vaporize their medication, unless of course it's an edible. Combustion is verboten.
 
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Ohio’s medical marijuana program issues first mandatory recall

The Ohio Medical Marijuana Control Program is recalling a product, the first in the program’s short history, according to Cleveland.com.



The mandatory recalled was issued Friday for Pineapple Express Rosin, processed by One Orijin.
According to the Medical Marijuana Control Program, the company did not follow the proper procedure during production.
All purchase dates are included in the recall, and the product IDs are as following:
  • M00000038808: Sol Vap 62.3 – 12.6 – 5
  • M00000039812: Sol Vap 59.8 – 0.025 – 5
  • M00000036317: Sol Vap 45.85 – 47.44 – 10
  • M00000036932: Sol Vap 48.79 – 50.59 – 10
  • M00000037232: Sol Vap 68.8 – 0.18 – 5
  • M00000038319: Sol Vap 40.7 – 46.8 – 10
No reports of adverse reactions have been reported, but patients who have purchased the product are asked to stop using it.
All unused product should be returned to the dispensary where purchased. Returned products will not count toward a patient’s 90-day possession limit.
Any adverse reactions should be reported via the toll-free helpline at 1-833-464-6627.
 
Yet another elected official that feels his opinion is more important......

Gov. DeWine Doesn't Think Ohio Should Legalize Marijuana, Even If Nearby States Have

Some states around Ohio have legalized recreational marijuana. But Ohio’s Governor isn’t embracing that possibility.

Gov. Mike DeWine was adamantly opposed to the marijuana legalization plan that was on the ballot in 2015. And the fact that neighboring states, like Illinois and Michigan, are allowing it hasn’t changed his mind now.

“It would really be a mistake for Ohio, by legislation, to say that marijuana for adults is just ok," DeWine said.

Dewine said he’s concerned legalization would hurt the health of younger people. And he said marijuana grown today is more potent than it was 40 or 50 years ago. Groups that want to legalize marijuana in Ohio have tried several times but have not been able to get the support they need to get the issue back on the statewide ballot.
 
Yet another elected official that feels his opinion is more important......

Gov. DeWine Doesn't Think Ohio Should Legalize Marijuana, Even If Nearby States Have

Some states around Ohio have legalized recreational marijuana. But Ohio’s Governor isn’t embracing that possibility.

Gov. Mike DeWine was adamantly opposed to the marijuana legalization plan that was on the ballot in 2015. And the fact that neighboring states, like Illinois and Michigan, are allowing it hasn’t changed his mind now.

“It would really be a mistake for Ohio, by legislation, to say that marijuana for adults is just ok," DeWine said.

Dewine said he’s concerned legalization would hurt the health of younger people. And he said marijuana grown today is more potent than it was 40 or 50 years ago. Groups that want to legalize marijuana in Ohio have tried several times but have not been able to get the support they need to get the issue back on the statewide ballot.
I wish we had a "Like" emoticon what is a middle finger.....like to have given that to OH's Governor. hahaha
 
"Unfortunately, he's not in line with what the majority of his constituents feel,” said Wolfinbarger.

OMG, a politician who understands we are a representative democracy and their job is to......REPRESENT OUR WILL.

Ohio governor says legalizing marijuana would be a mistake

Gov. Mike DeWine says Ohio shouldn't legalize recreational marijuana despite the legalization movement in neighboring states. But one state lawmaker from Cincinnati says it's only a matter of time before legalization comes to Ohio.

Amy Wolfinbarger says it's time for Ohio to legalize recreational marijuana. Wolfinbarger founded Sensible Norwood, which helped author an ordinance that decriminalized small amounts of marijuana.

“The state of Ohio is definitely being left behind, and not just the state of Ohio; the citizens of Ohio are being left behind as well,” said Wolfinbarger.

This week, DeWine told Ohio Public Radio, "It would really be a mistake for Ohio, by legislation, to say that marijuana for adults is just OK."
"Unfortunately, he's not in line with what the majority of his constituents feel,” said Wolfinbarger.

State Sen. Cecil Thomas agrees with Wolfinbarger. Thomas says legislators should explore the benefits of legalization before just saying no.
"When you start seeing what's going on with all of our neighbor states and here we are sitting back, I mean, the handwriting is on the wall. It's going to happen, so let's start looking at it now so we won't be trying to catch up,” said Thomas.

Thomas points out Ohio could make a lot of money by legalizing marijuana. Illinois legalized marijuana on Jan. 1 and, so far, it's reported $3.2 million in sales. Michigan legalized marijuana on Dec. 1 and recorded $8.2 million in sales since then.

“That's a lot of additional money that could be going to potholes, funding schools, said Wolfinbarger.
“We can use those dollars to do a whole lot more for our state,” said Thomas.

A Pew Research study finds two-thirds of Americans say the use of marijuana should be legal. The share of U.S. adults who oppose legalization nationwide has fallen from 52 percent in 2010 to 32 percent today.
 
Ohio medical marijuana patients among data breach that exposed personal details of thousands

CINCINNATI (FOX19) - A point-of-sale system in the cannabis industry announced the information of more than 30,000 patients may have been exposed in a data breach incident, including those in Ohio.
On Wednesday, THSuite said three cannabis companies were connected to the data breach. The one impacted in Ohio is Bloom Medicinals. They operate five dispensaries in the state.
Researchers for a company known as vpnMentor discovered the alleged breach on Dec. 24.
The dispensaries in Ohio are located in Akron, Columbus, Painesville Township, Maumee and Seven Mile in Butler County.
The leak exposed the following information about Bloom Medicinals customers:
  • Full name
  • Date of birth
  • Medical/State ID and expiration date
  • Phone number
  • Email address
  • Street address
  • Date of first purchase
  • Whether or not the patient received financial assistance for cannabis purchases
  • Whether or not the patient opted in for SMS text notifications
vpnMentor said the breach also exposed their inventory, monthly sales reports, and compliance reports.
The two other companies that were breached are Amedicanna Dispensary Files, a medical marijuana dispensary located in the state of Maryland, and Colorado Grow Company, a recreational marijuana dispensary located in the city of Durango, Colorado.

A Bloom spokesman told our media partners at the Cincinnati Enquirer the company is investigating the matter and working with THSuite to identify which, if any, Ohio patients were affected.
“Once we have identified any affected patients, we will notify each individual and follow HIPAA breach notification protocols,” the company said in a statement. “Bloom Medicinals serves tens of thousands of patients in multiple states and we take patient privacy very seriously. Rest assured we will implement any corrective action necessary to both remedy, and ensure, this does not happen again.”
 
UPDATE: Cleveland City Council votes to decriminalize marijuana possession under 200 grams

CLEVELAND, Ohio (WOIO) - Cleveland City Council approved legislation during its regular meeting Monday night that would reduce penalties for marijuana possession.
The ordinance would eliminate any fines or jail time for anyone possessing under 200 grams of marijuana.

Also, those convicted of misdemeanor marijuana possession would not be required to report it on an employment application, and the charge would not appear on their criminal record.

Cleveland Mayor Frank Jackson will need to give final approval on the legislation.

“What we’re proposing is zero fines, zero jail time for anyone who has up to 200 grams of marijuana,” said Councilman Blaine A. Griffin, who’s backing the new legislation, on Monday afternoon prior to council’s vote.

Under the current law, if you’re caught with pot you could face fines and up to six months in jail.

“One of the things that really drives me to push this legislation is we don’t want people saddled with these crimes, when we see a tremendous industry starting to be formed around marijuana,” he said.

If the new legislation receives Jackson’s signature, weed could still be confiscated and you could still face charges for driving under the influence.

While the city can’t fully legalize marijuana, the councilman wants to even the playing field. "We believe there is a lot of race disparities. African Americans are 5 to 7 times more likely to get a charge for marijuana possession than their white counterparts,” Griffin said.

He said this would make Cleveland’s laws similar to those in other surrounding cities.

“We don’t want to waste resources on these types of cases when we could really deal with some hard core criminals that are doing the more tragic, atrocious things in our community.”

The proposal passed the Financial Committee previously on Monday, and already passed the Safety Committee.
 
Ohio cannabis legalization effort gets underway

A new effort to legalize recreational marijuana in Ohio got underway in the state Monday.

Backers of a measure called the Regulate Marijuana Like Alcohol Amendment submitted the initial petition and 1,000 signatures to the Ohio Attorney General’s Office for review. A long process awaits the proposal, which backers want on the November 2020 ballot.

The constitutional amendment would allow adults over the age of 21 to buy, possess and consume limited amounts of marijuana, including growing up to six marijuana plants.

Voters in 2015 handily defeated a ballot issue to legalize marijuana in the state, though some opposition involved concern over exclusive rights that would have been given to initial growing sites under that proposal.

The state’s current medical marijuana program, approved in 2016 and now just over a year old, would remain in place if the legalization effort passed.
 
Ohio medical marijuana: Purchase limit changes considered after patient complaints

Patients in Ohio’s medical marijuana program have long complained about the complicated way the state calculates how much marijuana they can buy in a 90-day period.
That could soon change.
The Ohio Board of Pharmacy is reviewing the “90-day supply” after receiving more than 50 public comments about how the existing limits are burdensome.
Ohio limits patients to 8 ounces of dried flower, or the equivalent amount of THC in products, in 90 days. But that amount is reduced by the products purchased in the last 90 days on a rolling basis, as well as how many days have elapsed in the current 90-day recommendation period. Furthermore, the minimum amount of dried flower that can be sold – 2.83 grams – doesn't multiply into 90 days, so patients lose two days from their allowance for what should be a single-day unit.
The result: Patients are rarely able to buy what they need, when they need it. Many report "running out of days" far in advance of the 90th day of their recommendation. The Enquirer first reported problems with the 90-day supply in March 2019 and again in January.



Smoking and growing marijuana are still off the table – those are banned in state law, so state agencies lack the authority to change them. The pharmacy board recommended in December changes to the minimum amount of flower sold to eliminate the rounding and make every purchase equal a set amount of days.
But the board is now considering other ways to simplify what’s become a major frustration among patients.
"We don’t want the patients to worry about 'how many days I have left? how many days have I bought?" Pharmacy Board Executive Director Steven Schierholt said at a Thursday meeting of the Ohio Medical Marijuana Advisory Board meeting. "We don’t want the dispensaries to have to struggle with it."
One commenter said they had yet to hear anything positive about the 90-day supply.
"Everyone hates it. Please change it so that it is more fair to patients, better for the economy, and better suited to fight the black market," they wrote in redacted comments obtained through a public records request.
Among the comments received, several people suggested the state set a daily purchase limit. But board spokesman Cameron McNamee said that might clash with the law’s requirement to set a 90-day supply. Other suggestions included scrapping the state's more restrictive limit on high-THC marijuana.
“We’re not taking anything off the table,” McNamee told The Enquirer. “We’ve got the comments and we’re going to sit down and have a discussion.”
McNamee said the board will also consider other ways patients could qualify for "indigent status" that affords them discounts at dispensaries. Earlier this week, the pharmacy board decided to recognize as indigent former state employees receiving disability payments through state retirement systems.
McNamee expects revised program rules to be announced in April or May, which would push back any changes from taking effect until the summer. Public comment would again be accepted at several points before the changes are finalized.
Meanwhile, the state expects a fix in the coming weeks to the website patients use to check how much they have purchased and what they are allowed to buy. That system has been plagued with problems, leading many people to call the pharmacy board directly for an update on their purchase history.
More than 84,000 patients have registered for Ohio's medical marijuana program as of Jan. 31. About 28% have yet to buy anything at an Ohio dispensary. Industry analysts point to that figure as well as the state's slow roll-out of dispensaries as reasons why the first year of sales lagged projections and initial year numbers for similar programs in other states.
 
Ohio relaxes restrictions on medical marijuana purchases

Ohio is simplifying limits on medical marijuana purchases after patient complaints that restrictions prevented them from buying the medicine they need when they need it.
Patients will still be limited to a "90-day supply" of medical marijuana – that's in state law.
But restrictions that cut off many patients before they came close to reaching that amount will be eliminated Friday per a new Ohio Board of Pharmacy policy.
Soon after Ohio medical marijuana sales began last year, patients noticed days on which they didn't buy any product were subtracted from their 90-day total. So if a patient made his first purchase on day 30 of their recommendation, he could only buy 60 days worth of marijuana products.



Also subtracted: purchases made in the last 90 days. Patients had to wait for purchases to "fall off" after 90 days before they could buy more. The patient portal often showed an inaccurate number of remaining days.
Together, the restrictions created a situation where many patients never were able to buy close to 90 days, which is 8 ounces of dried marijuana or an equivalent amount of products.
The use-it-or-lose-it restriction is gone, as is the rolling 90-day count.
Starting Friday, patients can buy 45 days worth of product at any point in a 45-day period. Unpurchased "days" won't carry over to the next period, but patients won't lose them either. So that patient who comes into a dispensary on day 30 could still buy a full 45 days worth of marijuana and buy 45 days more when they return on day 46.
Pharmacy board officials told The Enquirer in early March that they were considering changes to the restrictions to reduce the burden on patients. Friday's change was approved last week by the board's executive director and president under a temporary novel coronavirus-related resolution. The full board plans to approve the change in May.
"We hope this will provide greater transparency for patients, caregivers and dispensary employees while still taking steps to ensure patients do not possess more than 90-day supply as stipulated in the Ohio Revised Code," board spokesman Cameron McNamee said Wednesday in an email.
The board has created an online calculator where patients can find out the dates of each new 45-day purchase window. McNamee said the board is working with a software vendor to update the website where patients can see how many days they have remaining.
Patient concerns have grown in recent weeks amid the novel coronavirus pandemic. Medical marijuana is considered "essential" under the state's stay-at-home order. But patients said the purchase limits forced them to take multiple trips when they would have preferred to just take a few and stock up.
The medical marijuana program has relaxed other rules in the last few weeks, including allowing physicians to recommend medical marijuana over the phone or video chat and allowing dispensaries to offer curbside sales.
More than 88,000 patients have registered for a medical marijuana card in Ohio since December 2018. There are 51 dispensaries that have been approved to open statewide.
 
Supreme Court Declines Case On Marijuana Decriminalization Measures Blocked From Local Ballots

The U.S. Supreme Court decline on Tuesday to hear a case challenging local Ohio officials’ refusal to place citizen initiatives to decriminalize marijuana on municipal ballots.

The decision is the culmination of a two-year legal battle between cannabis reform advocates and the Portage County Board of Elections.

In 2018, activists submitted ballot initiatives to decriminalize marijuana in Garrettsville and Windham, but the board determined that they could not appear before voters, arguing the proposals constituted administrative, rather than legislative, issues that are not appropriate for the ballot process.

The activists took the matter to federal district court where they contended that state statutes allowing the board to reject the measures are unconstitutional, violating their First and Fourteenth Amendments. A judge agreed and issued a permanent injunction against the board and secretary of state against enforcing the statutes—but the victory was short-lived.

Although the judge ordered the board to place the measures on the ballot, the U.S. Sixth Circuit Court of Appeals later reversed the district court’s ruling and vacated the permanent injunction.

The federal appeals court agreed with defendants that state law allowing them to refuse to place the decriminalization measures on the ballot is their prerogative, as it deals with an administrative rule change in their view as opposed to a legislative matter. Further, the court said plaintiffs did have the right to seek a “judicially imposed remedy” through mandamus relief but chose to challenge the state statute itself.

While the advocates hoped the Supreme Court would hear their case about whether the subject matter restrictions in Ohio ballot election law are lawful, Bloomberg’s Kimberly Robinson reported on Tuesday that the justices declined to take it up.

It’s not clear if the court’s action means more local boards of election throughout Ohio will feel empowered to reject certain initiatives on subject matter ground but, in general, those outside of Portage County have allowed similar measures to proceed.

A total of 17 Ohio cities have passed cannabis decriminalization ordinances—most through the ballot but a handful through city councils. That list of jurisdictions with decriminalization on the books includes major cities like Dayton, Toledo, Athens, Cincinnati, Columbus and Cleveland.

Activists behind those ordinances have plans to significantly expand the number of municipalities with decriminalization on the books, and they scored a notable victory last week when a federal judge ruled in a separate case that they can collect signatures for their petitions electronically after they were forced to suspend in-person gathering due to the coronavirus pandemic.

If digital petitioning is ultimately permitted for any initiative, that could also be a major boost for activists behind a proposed statewide ballot measure to legalize cannabis for adult use that has seen its prospects dimmed by the COVID-19 pandemic.
 
Hemp vs. pot: $1 million later, problems still exist

LIMA — One year and one million dollars later, new equipment is in place at Ohio Bureau of Criminal Identification laboratories to resolve testing complications that accompanied the Ohio legislature’s legalization of hemp last year.

But that doesn’t mean all is running smoothly in the world of law enforcement.

Senate Bill 57, which went into effect July 30, changed the Ohio Revised Code definition of marijuana to exclude hemp, defined as cannabis containing not more than 0.3% tetrahydrocannabinol, the chemical that produces a “high” among users.

With that definitional change, marijuana could no longer be identified conclusively with past techniques such as microscopic examination and chemical color testing.

An apparent inadvertent by-product of the new legislation, however, was that police and BCI chemists were suddenly unable to quickly and reliably distinguish pot from hemp because of the methods and equipment available to them.

Prosecutors and city law directors across the state ordered their police departments to stop making arrests for low-level marijuana use because instruments available to the state to test the green, leafy substance in question were suddenly rendered obsolete by the new hemp law.

Fast-forward 10 months and new testing equipment is now in place that Ohio Attorney General David Yost says will allow for a “quantitative analysis of marijuana in drug evidence” seized by law enforcement. Getting that information into the hands of prosecutors in a timely manner may still prove problematic.

“BCI’s new ability to differentiate between marijuana and hemp creates a valuable resource for officers who depend on our laboratory services, offered at no cost to them,” Yost said in a recent press release. “This major achievement bolsters our reputation as the leading crime lab in the state.”

BCI has completed the validation of new instrumental methods for cannabis vegetation and oils, meeting new legal requirements recently established by Senate Bill 57, the attorney general said.

Steve Irwin, communications officer for the attorney general’s office, said the state provided $968,602 for drug testing equipment at BCI. To date $735,218 has been spent on the instruments necessary to conduct quantitative analysis. An additional $232,864.31 is being encumbered via purchase order to purchase additional drug testing equipment.

BCI also continues to pursue additional validation studies regarding edibles and other THC-infused food products, Irwin noted.

Cities react Columbus was one of the first municipalities in the state to stop prosecuting low-level pot cases when hemp was legalized. Following Yost’s announcement, City Attorney Zach Klein told Cleveland.com he is not changing his policy and will not pursue lowlevel marijuana cases.


“Our decision to stop prosecuting low-level, misdemeanor marijuana possession was based on many factors, including the lack of testing capabilities at the time, our city council’s decision to institute a low-dollar fine for violations, and overall disparities and inequities in the criminal justice system,” he said. “If anything, in light of the spread of the coronavirus in our jail and prison system, we believe our policy reflects a real-world approach that focuses on incarceration for only those that should be behind bars.”

The city council in Cleveland voted in January to end all penalties for possession of up to 200 grams, or just over 7 ounces, of cannabis, effectively decriminalizing marijuana in Ohio’s second-largest city.

Under state law, possession of up to 100 grams of cannabis except by registered medical marijuana patients is subject to a fine of up to $150. Being caught with 100 to 200 grams of pot is punishable by up to 30 days in jail and a fine of $250.

Van Wert City Law Director John Hatcher said last August that no citations for low-level pot possession would be issued by city police in the wake of the state’s legalization of hemp, noting that police would merely confiscate any contraband items found. With new tests at the city’s disposal, Hatcher said existing marijuana laws will be more strictly enforced.

“With the confusion after the legalization of hemp was approved I didn’t want to put our officers in the position where we didn’t have the ability to differentiate between marijuana and hemp,” Hatcher said.

“I didn’t want to waste my time or the officers’ time or the court’s time. I have too much respect for them to do that.

“With the new equipment in place, that changes things,” Hatcher said. “The law is the law. As long as our officers have access from BCI to get evidence tested in a timely manner, then yes, they have the go-ahead” to make arrests.

Another issue, however, could stand in the way of such prosecutions.

Over the past 12 months, the average turn-around time for BCI’s chemistry section to return evidence is 33.8 days. The turn-around time for marijuana quantitative analysis is anticipated to be near that number, according to a spokesman for the attorney general’s office.

For Hatcher’s purposes, “that doesn’t cut it.”

He said that for a misdemeanor possession charge prosecutors have 30 days from the time of arrest to bring a defendant to trial.

“The math doesn’t work” when it comes to a wait of 34 days to get that evidence back from a state laboratory, the law director said.

While the decision by lawmakers to legalize hemp had a temporary impact on how laws are enforced, Hatcher believes it’s the novel coronavirus that will have a more long-lasting effect.

“COVID-19 changed everything,” Hatcher said.

“Will it change how law enforcement does its job? I don’t know. It could.”

Hatcher said people need to understand the significance of what is happening around them. “We’re living through history, like it or not,” he said. “People are going to adjust ... they always do; even if it’s sometimes kicking and screaming.”

Lima City Law Director Tony Geiger predicted last August that new tests to adequately test for marijuana would be “months and months away” and that the turnaround time for evidence would be lengthy once the new equipment was in place.

In the meantime, Geiger said, the city would look at minor misdemeanor marijuana possession cases on a case-by-case basis. He said police who encounter individuals with a small amount of marijuana in their possession “will have to decide if they have sufficient other evidence (besides the current methods of testing) that it’s marijuana.”

Ricky Eddy, the city’s chief prosecuting attorney, earlier this week said city police “never stopped making arrests” for possession of small amount of marijuana even when state testing was unavailable.

“There were discussions about that, but it (pot possession) is still illegal, and if you take an oath then it’s up to you to enforce the law,” Eddy said.

Now that BCI labs are able to differentiate hemp, Eddy said the new issue for police and prosecutors is the turn-around time for state testing results. “With a 30-day window to bring someone charged with a minor misdemeanor to trial, we need a quick turnaround on evidence,” he said.

Because such low level charges do not carry jail time, Eddy said the emphasis for police has remained on apprehending persons with larger amount of marijuana in their possession.

“You have to have more than 100 grams (of pot) for it to be a jail-able offense, and 100 grams is a lot,”

Eddy said. “The overwhelming majority of stops were make involve ‘personal use’ amounts of marijuana.”

Following the legislature’s legalization of hemp last summer, Allen County Prosecuting Attorney Juergen Waldick said he had not directed the sheriff’s office to halt arrests for marijuana possession.

“I’m not going to tell them not to make arrests, especially if we’re talking about large amounts (of marijuana),” the prosecutor said. “At the same time, I don’t think it’s economically feasible when it comes to minor misdemeanor arrests.”
 
Ohio Rejects Autism And Anxiety, Adds Cachexia To Medical Marijuana Program



State Regulators in Ohio voted on Wednesday to reject petitions that would have added autism and anxiety as conditions that qualify a patient to use medical marijuana. The Ohio State Medical Board voted to approve, however, a request to add patients diagnosed with a chronic wasting syndrome known as cachexia to the state’s medicinal cannabis program.

Wednesday’s votes are consistent with the recommendations of a medical board committee issued last month. The board also voted not to include autism and anxiety when they first considered petitions to add the conditions to the state program last year.

The board received a total of 136 public comments on the proposals to include the three conditions, including requests to reject the addition of anxiety and autism submitted by Cincinnati Children’s Hospital, Nationwide Children’s Hospital in Columbus, and the Ohio Children’s Hospital Association.
“The inclusion of autism and anxiety as conditions has the potential to negatively impact the health and well being of thousands of children in Ohio,” wrote Sarah Kincaid of the Ohio Children’s Hospital Association. “There is little rigorous evidence that marijuana or its derivatives is of benefit for patients with autism and anxiety, but there is a substantial association between cannabis use and the onset or worsening of several psychiatric conditions.”

Carrie Taylor, an Ohio mom who has twin sons with autism, was disappointed last year when the medical board rejected the petition to add the condition to the state’s medical marijuana program. She has since redirected her efforts to the legalization of recreational cannabis in Ohio, saying she does not believe the board will ever add autism.

“Our voice is not being heard right now,” Taylor said. “These doctors have this thought in their mind, and they’re obviously set in stone where they stand. We’re not trying to give them something that’s not legalized with other medical purposes.”

Board Approves Adding Cachexia
The Ohio State Medical Board voted to approve the addition of cachexia to the state’s list of qualifying conditions for medical marijuana at its meeting on Wednesday. The chronic wasting syndrome is often associated with other serious medical conditions including cancer, HIV and AIDS, and kidney disease. James Michael Weeks, a Cincinnati internal medicine physician who petitioned the board to add cachexia to the program, said that the consequences of cachexia can be dire.
“Eventually it becomes generalized weakness, and then falls and a gradual decline,” said Weeks. “And of course, once people have no muscle mass left, eventually they die.”

Before voting to add cachexia to the medical marijuana program, board president Dr. Michael Schottenstein said that patients with the condition need to be encouraged to eat.

“Eating is a source of enjoyment for patients and it’s a means to socialize with family and friends,” he said. “Patients socially isolate when they can’t eat.”
After the vote on Wednesday, Weeks said that he was pleased with the board’s decision, noting that he has had patients with cachexia come to him for a medical marijuana recommendation in the past but he has had to turn them away.

“It’s always slightly awkward when you get a referral and you tell the patient you don’t qualify,” Weeks said.

With the addition of cachexia, Ohio now has nearly two dozen conditions that qualify a patient to use medical marijuana, including cancer, epilepsy, traumatic brain injury, and multiple sclerosis.
 
Four More Ohio Cities Will Vote On Marijuana Decriminalization This November

Four more Ohio cities will be voting on local measures to decriminalize marijuana this November, activists say.

While they faced signature gathering challenges amid the coronavirus pandemic, advocates announced on Wednesday that they successfully collected enough valid signatures and turned them in ahead of the deadline to qualify for municipal ballots.

Voters in Adena, Glouster, Jacksonville, and Trimble will each see the reform measures on their ballots after local boards of elections certified the petitions. If approved, they’ll join 18 other Ohio cities in that have already enacted measures to lower penalties for misdemeanor cannabis possession in recent years.

NORML Appalachia and the Sensible Movement Coalition worked together on this latest round of proposals. Initially, they aimed to add 14 more municipalities to the list of places voting on decriminalization in 2020, but the COVID-19 outbreak derailed that plan.

The group sued the state, asking that they be allowed to gather signatures electronically. But while a federal court sided with them in a May ruling, the decision was overturned by an appeals court the next month.

Don Keeney, executive director of NORML Appalachia, told Marijuana Moment that the activists consolidated their efforts, targeting the four jurisdictions strategically because they’re located near each other, which allowed petitioners to make the most of their time.

“Everywhere we go, the reception has been good,” he said. “We’ve still got a few naysayers, but even they were polite about it.”

While local boards of elections have certified the signatures and approved them for the ballot, the secretary of state’s office must still either approve the specific proposed ballot language or revise it. Officials can’t prevent the measures from appearing on the local ballots, however.

The 18 jurisdictions where the activists have had past successes include major cities like Dayton, Toledo, Athens, Cincinnati, Columbus and Cleveland—some of which passed voter-approved ballot measures, while others took action via city councils. The most recent passed happened in Plymouth, where the city council voted in favor of decriminalization last month.

The full list of places that were initially being targeted for 2020 was Adena, Akron, Baltimore, Cadiz, Chagrin Falls, Glouster, Jacksonville, Maumee, McArthur, New Lexington, Rutland, Syracuse, Trimble and Zanesville.

Keeney said they did attempt to collect signatures in McArthur, but ran out of time. Activists ultimately did not pursue the other municipalities.

The local reforms are endorsed by the National Organization for Women, ACLU, NAACP, the Green Party, and the Libertarian Party, according to a press release from NORML Appalachia of Ohio.

Activists had also hoped to place a marijuana legalization initiative on the statewide ballotthis year, but that effort also stalled as the COVID-19 outbreak and resulting social distancing measures made signature gathering all but impossible.

Meanwhile, the Ohio senate recently approved legislation to double the amount of marijuana that is currently decriminalized in the state and reduce criminal penalties for several other drug crimes.
 
Ohio medical marijuana program too expensive, study finds

More than 60% of Ohio residents are dissatisfied with the state’s medical cannabis program, citing high prices as the No. 1 reason, according to a recent study.

The study, conducted by Ohio State University Moritz College of Law’s Drug Enforcement and Policy Center, showed perceptions of the medical marijuana program’s effectiveness have improved some from a year ago but still have quite a ways to go.

The report noted that Ohio’s MMJ program, which launched in January 2019, is still “not fully operational, creating concerns around persistent delays and the overall functionality of the program.”


Some Ohio medical marijuana companies recently complained that the market is being constrained and called for more dispensaries and permission to expand cultivation facilities. They noted that Ohio lags far behind Pennsylvania in the development of its program.

Ohio also is losing marijuana business to Michigan, as Ohioans are crossing the border to buy less expensive products in a state that launched adult-use sales in December 2019.

Here are some of the key findings from the Ohio State University study:

  • 61.6% of the respondents said they were somewhat or extremely dissatisfied. (That’s an improvement from 67% last year).
  • 86.1% of those surveyed said they have a qualifying condition to use medical marijuana, but only 51.5% actually use MMJ. The top two reasons cited as preventing them from participating in the MMJ program were cost and fear of losing their jobs.
The recent Marijuana Business Factbook projected that Ohio MMJ sales would reach $175 million-$225 million this year. By comparison, Pennsylvania medical marijuana sales are expected to hit $400 million-$500 million.
 

Four More Ohio Cities Approve Marijuana Decriminalization Measures


Four more Ohio cities have adopted local measures to decriminalize marijuana.

While activists faced signature gathering challenges amid the coronavirus pandemic, the reform measures qualified in August and they passed across the board on Tuesday in Adena, Glouster, Jacksonville and Trimble.

The approved municipal reforms reduce the penalty for low-level cannabis possession from a misdemeanor punishable by jail time and a fine to the “lowest penalty allowed by state law.”

These cities join 18 other Ohio jurisdictions that have already enacted measures to lower penalties for misdemeanor cannabis possession in recent years.

NORML Appalachia and the Sensible Movement Coalition worked together on this latest round of proposals. Initially, they aimed to add 14 more municipalities to the list of places voting on decriminalization in 2020, but social distancing restrictions amid the COVID-19 outbreak derailed that plan, allowing only the four to successfully qualify for ballot access.

The group sued the state, asking that they be allowed to gather signatures electronically. But while a federal court sided with them in a May ruling, the decision was overturned by an appeals court the next month.

The 18 jurisdictions where the activists have had past successes include major cities like Dayton, Toledo, Athens, Cincinnati, Columbus and Cleveland—some of which passed voter-approved ballot measures, while others took action via city councils. Most recently the Plymouth City Council voted in favor of decriminalization last month.

The full list of places that were initially being targeted for 2020 was Adena, Akron, Baltimore, Cadiz, Chagrin Falls, Glouster, Jacksonville, Maumee, McArthur, New Lexington, Rutland, Syracuse, Trimble and Zanesville.

The local reforms are endorsed by the National Organization for Women, ACLU, NAACP, the Green Party, and the Libertarian Party, according to a press release from NORML Appalachia of Ohio.

Activists had also hoped to place a marijuana legalization initiative on the statewide ballotthis year, but that effort also stalled as the COVID-19 outbreak and resulting public health restrictions made signature gathering all but impossible.

Meanwhile, the Ohio senate in July approved legislation to double the amount of marijuana that is currently decriminalized in the state and reduce criminal penalties for several other drug crimes.
 

Marijuana Decriminalization Qualifies For Local Ohio Ballot, With Activists Working To Secure More Measures


Ohio activists have qualified a measure to decriminalize marijuana to appear on a local 2021 ballot—the first of dozens of reform proposals that could go before voters this year as signature gathering efforts continue across the state.

The Hocking County Board of Elections certified on Wednesday that advocates had collected enough valid signatures to put the question of decriminalization before voters in Murray City. This is the latest development in a years-long grassroots push to enact the policy change at the local level while statewide efforts have stalled.

All told, 22 Ohio jurisdictions have adopted local statues so far that reduce the penalty for low-level cannabis possession from a misdemeanor punishable by jail time and a fine to the “lowest penalty allowed by state law.”



NORML Appalachia of Ohio and the Sensible Movement Coalition (SMC) have spearheaded the Ohio decriminalization movement. Activists expect to see more reform measures validated by boards of elections across the state in the coming days and weeks.

Signatures for an initiative in McArthur have been turned in and are expected to be validated soon.

Decriminalization efforts are also underway in Bellefontaine, Belmont, Bethesda, Bloomingdale, Bridgeport, Brilliant, Brookside, Chippewa Lake, Flushing, Gloria Glens Park, Holloway, Huntsville, Kent, Lakeview, Laurelville, Morristown, Mt. Pleasant, New Lexington, New Straitsville, Powhatan Point, Rayland, Rushville, Russell’s Point, Shadyside, St. Clairsville, Tarlton, Tiltonsville and Yorkville.

“The citizens have, through the use of a citizens’ ballot initiative, decided it is time for a change,” Don Keeney, executive director of NORML Appalachia of Ohio, told Marijuana Moment. “There two months left in this petition cycle so we plan to be very busy.”

The 22 jurisdictions where the activists have had past successes include major cities like Dayton, Toledo, Athens, Cincinnati, Columbus and Cleveland—some of which passed voter-approved ballot measures, while others took action via city councils. Now advocates are aiming to more than double that total this year.

Reform groups had hoped to secure even more wins last year, but the coronavirus pandemic derailed many efforts. While four cities approved the policy change in 2020, advocates initially planned to target a total of 14 municipalities.

“Despite COVID-19 regulations, Sensible Movement Coalition and NORML Appalachia Ohio continue to educate local citizens about their right to home rule and sensible decrim,” Jolie Moyer and Pricilla Harris, who work with both groups, said in a joint statement to Marijuana Moment.

In light of the coronavirus pandemic setbacks, advocates sued the state last year, asking that they be allowed to gather signatures electronically. But while a federal judge sided with them in a May 2020 ruling, the decision was overturned by an appeals court the next month.

Activists had also hoped to place a marijuana legalization initiative on the statewide ballotlast year, but that effort also stalled as the COVID-19 outbreak and resulting public health restrictions made signature gathering all but impossible.
 

First Recreational Marijuana Bill Introduced in Ohio

Two Democratic lawmakers in Ohio introduced a historic bill to legalize cannabis in the state.

A pair of Buckeye State lawmakers are ready to put the “high” in Ohio.

On Thursday, two Democratic state House representatives there—Casey Weinstein and Terrence Upchurch—introduced legislation to legalize and regulate the cultivation and sale of recreational marijuana in the state.

According to the Cincinnati Enquirer, the bill is historic, as it is “the first proposed [bill] in Ohio to set up a regulated market for selling marijuana,” the newspaper reported.

“We’re seeing there are dramatic economic benefits, there are medical benefits and there’s a strong criminal justice avenue here so we can focus law enforcement on violent crime,” Weinstein told the Enquirer. “Ohio is at the point where we’re going to be behind if we don’t act now. I hope this provides the spark that we need to elevate the conversation and get this legislation moving.”

Weinstein took to Twitter on Thursday to promote the bill.

“Excited to work with my friend and colleague [Terrence Upchurch] as we lead Ohio forward on this next big step for criminal justice reform, for our veterans, for economic opportunity and for our individual liberties,” Weinstein tweeted. “It’s time. Let’s go!”

Upchurch echoed the excitement in a reply: “Honored to be your joint sponsor bro. Let’s do this!”

The two are on the lookout for more cosponsors, according to the Cincinnati Enquirer, and the newspaper noted that the “legislation faces a steep climb in a GOP-dominated legislature that five years ago barely legalized a highly-regulated medical marijuana program.”

Compounding matters, the state’s Republican governor, Mike Dewine, said last year that it “would really be a mistake for Ohio, by legislation, to say that marijuana for adults is just ok.”

Here is what the bill introduced by Weinstein and Upchurch would do, per the Enquirer: “Adults age 21 and older could buy and possess up to 5 ounces of marijuana at a time and grow up to 12 mature plants for personal use,” the newspaper reported, while “[c]ities and villages could limit the type or number of marijuana businesses allowed within their borders.”

Ohio Looks to Michigan for Inspiration​

Ohio need only look to its northern neighbor for an example on how to successfully implement a state-regulated recreational marijuana program. In 2018, voters in Michigan passed a measure at the ballot that legalized recreational pot, and the Wolverine State’s newly formed market has seen gangbuster sales.

Weinstein told the Enquirer that their proposed bill is actually modeled after the Michigan law. “The bill would keep Ohio’s medical marijuana program, approved in 2016 and launched in 2019, intact,” the newspaper said, while medical “cultivators, processors and dispensaries could be licensed on the recreational side, too.”

Upchurch and fellow Democratic lawmaker Sedrick Denson introduced a bill earlier this year that would allow “for the cultivation and possession of marihuana, to modify possession and cultivation penalties, and to allow for expungement of certain marihuana convictions.”

That legislation, House Bill 210, “has yet to have a hearing,” according to the Enquirer, while another bill introduced last year that would have decriminalized marijuana use went up in smoke without a hearing.

Ohio voters passed a measure legalizing medical marijuana in 2016, but the law did not get off the ground for another two years. Last year, the state’s medical board agreed to add cachexia, or wasting syndrome, to the list of qualifying conditions for medical marijuana, although the same panel rejected proposals to add autism and anxiety to the list.

Last month, the Ohio Medical Marijuana Control Program instituted new rules governing the sale of Delta-8 THC, among them a requirement stating that “the use of Delta-8 THC must include a Standard Operating Procedure (SOP) that describes the process and methods with which Delta-8 THC will be used in compliance” with the state law.
 

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