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Recreational Cannabis In Ohio Set Back A Second Time Due To COVID-19

Recreational Cannabis In Ohio Set Back A Second Time Due To COVID-19

Ohio’s recreational cannabis initiative has been delayed due to coronavirus social distancing measures, and the petition’s language is also undergoing revisions at the request of Ohio’s Attorney General. Despite these setbacks, the movement is not dead in the Buckeye State.

During the election season, petitioners rely on interaction with the public to inform voters on ballot initiatives and to collect signatures. Without that in-person mechanism, all ballot initiatives and petitions could be delayed indefinitely. Tom Haren, Spokesperson for Regulate Marijuana Like Alcohol, has indicated the group is taking social distancing measures seriously during the pandemic.

“We made the decision early on that the health of our volunteers, supporters, medical marijuana patients, and the general public would be our primary concern,” he said. “As Ohio begins the process of re-opening, we are evaluating our options and hope to have more to share soon.”

Being unable to exercise democracy through legislation and proposed ballot measures has First Amendment implications, and addressing this in court has already been problematic. Earlier this month, a judge in Ohio’s Franklin County said he lacked the ability to make alterations to the state’s constitution that would allow fewer signatures to be collected during the pandemic. Freda Levenson of ACLU Ohio, who is representing Ohioans for Fair and Secure Elections, has concerns about what this could mean for election laws.

“The First Amendment says any infringement on speech, even if it’s temporary or brief is a violation of your rights,” she said. “They can’t say ‘you can talk later.’ You have a right to say it.”

But coronavirus is only part of the petition’s setbacks. In March, the Attorney General of Ohio informed the petitioners by letter that proposed legislation, which would amend the state’s constitution in order to legalize recreational cannabis, was insufficient and required additional information.

“Upon reviewing Section (A) of the proposed amendment and comparing it to the summary language, I am unable to certify the summary as a fair and truthful representation of the proposed amendment,” wrote Attorney General Dave Yost in the rejection letter. “Section (A) of the proposed amendment lists several findings and declarations that the amendment proposes to be made by ‘the people of the state of Ohio.’ The summary makes no mention of these findings and declarations. Thus, it completely fails to inform a potential signer that the amendment elevates these ‘findings and declarations’ to a constitutional standard.”

Haren has said that the group will continue to revise their proposed amendment based on the Attorney General’s notes.

Ohio is one of several states who have a strict medical cannabis program that is largely unsuccessful due to overregulation and lack of available products. Of patients who are qualified and enrolled in the program, thirty percent have not made a single purchase.

“If you’re a patient in Ohio, it’s hard to participate in Ohio’s medical marijuana program,” Haren said. “We were promised a program that worked.” Ohio’s state medical cannabis business association is currently not supporting the bill.

Up to an ounce of cannabis for recreational use would be allowed under the proposed legislation, along with up to six plants for personal use. The state would establish a regulatory body that would oversee production, quality control, licensing, and retail distribution of cannabis along with a proposed sales tax structure, 25% of which would go towards social equity programs.

Image by David Mark from Pixabay

Marijuana Legalization Initiative in Ohio Aiming for 2015

Marijuana Legalization Initiative in Ohio Aiming for 2015

An organization called Ohio Rights Group spent last year advocating for legalized medical marijuana in the state of Ohio. However, the group failed to collect the 385,000 signatures needed to put the medical marijuana amendment, Ohio Cannabis Rights Act, on the 2014 ballot. Now, a different group going by the name Responsible Ohio announced a campaign to put a full legalization amendment on the 2015 ballot.

The full legalization movement would allow for only 10 licenses to cultivate the marijuana, and an anonymous source reportedly told Cleveland.com that the group already has the millions in funding needed to collect enough signatures to place the initiative on the ballot next year. The funding is coming from the 10 property owners who would reserve exclusive rights to the cultivation of the plant, thus reserving exclusive rights to much of the legal marijuana profits.

The Responsible Ohio campaign is keeping most information secret at this time, but the group’s spokesperson, Lydia Bolander, did release the statement,

“Marijuana for medical and personal use should be a choice made by adults 21 and older in this state. We are going to end this failed prohibition. Legalizing marijuana for medical and personal use means increased safety because we will regulate, tax and treat marijuana like alcohol. We will smother the black market and use the taxes generated to help local communities provide vital public services.”

The amendment proposed by Responsible Ohio would set-up a Marijuana Control Commission to regulate the legal system. The group is confident that this would be possible because of the precedent set with a 2009 approval of the Ohio Casino Control Commission, which allowed for only four casinos to run in the state.

Few others familiar with marijuana initiatives in the state agree with the hopeful viewpoint of Responsible Ohio. For example, attorney Jon Allison who represents the Drug Free Action Alliance told Dispatch,

“If you put that creators of the Sopranos and Breaking Bad in the same room they couldn’t come up with a plot this far fetched. Perhaps the details will help clarify things but right now it sounds like 10 wannabe drug lords are going to ask Ohio voters to constitutionally protect their cartels and turf.”

The president of the medical marijuana activist organization Ohio Rights Group, John Pardee, also spoke out against this style of an amendment, explaining, “I’m against creating a constitutional monopoly.”

The group has until July of next year to collect enough signatures to place this full legalization initiative on the 2015 ballot.

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