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The Daily Hit: November 8, 2023

November 09, 2023

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Social Equity Spotlight: Tiana Hercules on Finding Balance in Connecticut

November 09, 2023

#KahliBuds #MMJ #CBD #THC

This is the second installment of a look at the state of social equity in the U.S. cannabis industry. The first can be viewed here.

Tiana Hercules is no stranger to the struggles of marginalized communities. As a public defender in Connecticut’s capital, she’s seen “countless” lives upended by nonviolent drug charges.

Now, in an industry at times both lucrative and controversial, she stands at the crossroads of commerce and justice, helping shape social equity in Connecticut’s nascent cannabis market while launching her own cannabis brand.

“Connecticut is not the most progressive state or liberal state,” Hercules told Green Market Report. “I really wanted to keep a better eye on it and figure the best ways to just jump in and kind of figure out what place I can have in this space … and making a small difference.”

Connecticut’s legalization of recreational cannabis has, in many ways, mirrored the national narrative: a green rush of investors and entrepreneurs, eyeing vast profits from a once demonized plant. But beneath the canopy of this new industry, essential questions loom regarding who truly stands to gain.

Enter social equity programs, designed to level the playing field for communities hit hardest by the war on drugs. But as Hercules noted, establishing a genuine and functional social equity framework is a complex challenge, especially against the backdrop of an industry that requires significant capital for entry.

Her entry into the cannabis world was inspired by the duality of seeing many incarcerated due to nonviolent drug charges, while others profit from the now-legal enterprise. The conversation around permits, record erasure, and the collateral consequences of having drug charges became her focal point.

“We are taking on a couple of licenses right now, the first being a large-scale cultivation, and then two retail (applications) as well in the state,” she said. “I’m excited about us getting operational and getting up and going, but more excited about the opportunity to hire people from my community.”

Yet, with aspiration comes challenges. And, the cost of doing business in this space is steep. An application for large-scale cultivation in Connecticut, for instance, might not have an upfront fee, but securing a provisional license demands a hefty $3 million payout.

Hercules partnered with Florida-based multistate cannabis operator Ayr Wellness (CSE: AYR.A) (OTCQX: AYRWF), an established player in the national cannabis ecosystem. Ayr shouldered the fee for that Section 149 cultivation provisional license, with a 65%-35% partnership deal, where Hercules’ contributions extend beyond capital to include community insights and legal expertise, she said.

The license will allow her to open two retail stores in the Greater Hartford area, too. Hercules’ application was among the 16 approved by the Social Equity Council last year.

The Social-Equity Conundrum

While many criticize Connecticut for the corporate concentration in its cannabis industry, Hercules offers a nuanced perspective. In her eyes, the structure of the cannabis business model, which is inherently capital intensive, predisposes the industry to big players.

“The industry itself, dictates a certain type of model,” she explained. “To enter into this industry, you need millions and millions of dollars, not just because of the machinery, but because you can’t go through traditional banking and finance avenues.”

But it doesn’t mean that social equity initiatives are in vain.

“I don’t think one state can disrupt this industry on a national level,” she said. “We can learn from it and say, ‘Hey, this isn’t working.’ Maybe the states can come together and say, ‘Here’s a better way to shape this industry.’

“But,” she added, “the train has already left the station with respect to corporate interests and big money guys – and girls, in some instances – dominating the space.”

To Hercules, she is more than just a businesswoman in the cannabis sector. She’s a symbol of possibility for communities that have long been sidelined.

“With a regulated business that has to follow some very, very strict rules, we make community safer, right?” she said. “The more we can get things that are illicit – and that we don’t even know what’s inside of them – (out of the market), the better for our communities.”

The path has had other challenges, particularly around community concerns at planning and zoning meetings. But Hercules believes that education and transparent operations can turn skepticism into support.

“The beautiful thing about it is that with education and with collaboration and partnership, those concerns can be assuaged as people see how this is rolling out,” she said.

Lady Jane

Hercules plans to open her new operations with the name of a women-centered luxury cannabis brand she created, Lady Jane.

“Lady Jane really was conceptualized from me not really seeing myself represented in the cannabis space,” she said. “You know, I enjoy luxury things. I enjoy nice aesthetic. I enjoy relaxation and spas and things like that.”

Hercules also wants to create a brand that addresses women’s health issues such as endometriosis and fibroids.

The locations will be designed to offer a unique shopping experience, she said, with products tailored for women and those who might not identify as women but share similar wellness needs.

Hercules imagines employees providing expertise not just in cannabis-related knowledge, such as the endocannabinoid system, cannabinoids, and terpenes, but also in women’s reproductive and sexual health.

“Someone who is expert in the woman’s reproductive and sexual health and can help women to aggregate both worlds in a way that leads to relief,” she said.

The vision also dictates a diverse array of products on her shelves, highlighting social equity brands and ensuring a mix that caters to all consumer preferences. She noted that Connecticut retailers aren’t allowed to have exclusivity agreements.

“I’m hoping that we’re able to help brands go online,” she said. “And so, we would have social equity brands, Black-and-brown-owned brands, women-owned brands.”

“Ayr has a great product mix of brands, particularly Levia, something that I’m really excited about us getting out there.”

The post Social Equity Spotlight: Tiana Hercules on Finding Balance in Connecticut appeared first on Green Market Report.

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Oregon Officials And Drug Policy Advocates Return From Portugal Trip With Fresh Ideas On Decriminalization

November 09, 2023

#KahliBuds #MMJ #CBD #THC

A delegation of more than two dozen Oregon officials and advocates returned this past weekend from a trip to Portugal, where they studied the country’s health-focused response to substance abuse disorders.

The visit comes on the third anniversary of Oregon voters’ passage of Measure 110, which decriminalized all drugs in the state and funneled millions of dollars in marijuana tax revenue toward expanding addiction recovery services.

“My main takeaway from this trip is that seeing is believing,” state Rep. Rob Nosse (D), a member of the delegation, said in a statement about the visit. “There’s no real disagreement between policymakers and law enforcement leaders in Portugal when it comes to this law—they are united in the belief that people struggling with addictions are better served as patients needing healthcare, and they’ve built out the integrated system to get people the care they need.”

“There is much from their program and approach that we can apply to our work here in Oregon,” Nosse added.

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A post shared by Rob Nosse (@nosserob)

The trip, sponsored by the drug reform organization Health Justice Recovery Alliance (HJRA), included visits with healthcare professionals, law enforcement, lawmakers, harm reduction organizations as well as João Goulão, the chief architect of the Portugal’s 2001 drug decriminalization program.

“We learned about Portugal’s patient-first approach and discovered that much of their work is relevant to what is happening here in Oregon,” said Tera Hurst, the advocacy group’s executive director. “We saw firsthand what a health approach to substance use looks like after more than 20 years of implementation.”

HJRA said six main policy imperatives were “clear for all who attended.” Among them are fully funding treatment services and adopting a perspective of health care rather than punishment.

“When Portugal cut funding for treatment, drug use and overdose rates rose again,” the group said in a press release. “That’s why Portugal is now working to reinvest in treatment funding and…doubling down on funding a public health response to addiction.”

“Portugal decriminalized addiction to address the overdose crisis they were facing due to increased heroin use, much like [what] we are experiencing here with the synthetic opioid fentanyl,” the organization added. “This trip reminded each of us, no matter where we stand on Measure 110, that we all want to see addiction treated as a public health issue—not a crime.”

Other findings included that “system-wide integration is key,” with coordination between health officials, addiction recovery services, state-run detox and treatment facilities, nonprofits, law enforcement and others, and that neither drug users nor police should be seen as “the enemy” in policy debates.

“In Portugal, law enforcement work alongside addiction experts to respond to addiction,” HJRA said. “We must give law enforcement the support they need to do the same. Rather than shutting them out of the process, we need to work together to create relationships and trust so we can partner in seeking solutions that will work in our communities on the ground.”

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A post shared by Rob Nosse (@nosserob)

Janie Gullickson, executive director of the Health and Addiction Association of Oregon, said that “we all must work together, and that includes law enforcement, to address the suffering we see daily on our streets.”

“We need to support law enforcement in the reality they are often the first line of response to someone in crisis,” Gullickson said. “The Portugal trip helped us break down a lot of the walls that have been built up between providers and law enforcement. This isn’t political; it’s about helping people. Law enforcement and providers are both in this line of work because we care about our communities.”

Ultimately, HJRA’s findings conclude that Measure 110’s decriminalization of simple drug possession “remains the right thing to do,” but the group said the reform “didn’t go far enough in creating a comprehensive healthcare approach to addiction.”

“We need to identify multiple funding sources and policy solutions to build out a full system of care, rather than relying on any one policy solution to be the answer,” the group said. “When Portugal passed its decriminalization package in 2000, decriminalization was but one of nearly 70 policy solutions proposed to address the addiction crisis. Portugal’s decriminalization program also included extensive public health resources to educate the population around prevention, and to engage people with addictions with vital services.”

HJRA also said more needs to be done to discourage drug use in public.

“Law enforcement needs non-criminal, pre-arrest strategies and procedures that will enable law enforcement to be an effective partner in reducing public use,” it said. “We need to give our law enforcement clear mandates if we want them to be part of the effort to stop public drug use on our streets.”

The delegation’s trip comes as some in Oregon are working to undo parts of Measure 110—specifically its decriminalization of drug use and possession. In September, a group of business and political interests announced two versions of a would-be ballot initiative that would undo key provisions of the voter-approved law.

One version of the proposal would make it a misdemeanor crime to possess certain “hard” drugs, including fentanyl, methamphetamine, heroin, cocaine and others. It would also create a new misdemeanor criminal offense for using unlawful drugs in public.

A second version of the measure would go further, increasing penalties for manufacture or delivery of substances in cases where a person is a repeat offender or where drug use causes death. The expanded version would also make possession of tableting or encapsulating machines a felony and broaden the definition of drug “delivery” to include possession with the intent to transfer.

Notably, the broader version would also transfer control over Measure 110 funding, which comes from state cannabis tax revenue, to the state Alcohol and Drug Policy Commission.

Tomorrow, I’m going to Portugal with a delegation of elected and appointed officials, as well as service providers and policy experts.

I’ll be taking notes and publishing my observations. https://t.co/LpkaWc2poY

— Morgan Godvin (@MorganGodvin) October 27, 2023

Amid the ongoing overdose crisis and visible homelessness, public support for decriminalization in Oregon is flagging. While 58 percent of voters cast ballots in favor of Measure 110, polling recently released by opponents found that 61 percent of respondents now feel the measure has been a failure.

One member of the delegation, drug policy researcher Morgan Godvin noted that Portugal’s crisis “was so urgent because it was affecting so many, much like ours.”

“They responded to their opioid crisis so well that they effectively no longer have one, consistently showing some of the lowest overdose rates in Europe,” Godvin said. “In Oregon, we must expand our services so that no one who needs treatment is locked out of care. If we expect people to make better choices, we must first present them with better options. This is not an impossible task by any stretch; it simply requires steadfast commitment to health and human rights.”

Members of the delegation included, according to the Health Justice Recovery Alliance release:

Rep. Rob Nosse (D)
Rep. Lily Morgan (R)
Sen. Floyd Prozanski (D)
Senate Majority Leader Kate Lieber (D)
Sgt. Aaron Schmautz, Portland Police Association (PPA)
Detective Scotty Nowning, Salem Police Employee’s Union (SPEU)
Kimberly McCullough, Oregon Department of Justice (DOJ)
Channa Newell, Multnomah County District Attorney’s Office
Multnomah County CEO Jessica Vega Pederson (D)
Monta Knudson, Bridges to Change
Mark Harris, Oregon Black Brown Indigenous Advocacy Coalition (OBBIAC)
Shannon Olive, Women First Transition & Referral Center
Mercedes Elizalde, Latino Network
Janie Gullickson, Mental Health & Addiction Association of Oregon
Paul Soloman, Oregon Criminal Justice Commission
Fernando Peña, NW Instituto Latino
Andy Ko, Partnership for Safety & Justice
Morgan Godvin, drug policy researcher, Oregon Alcohol & Drug Policy Commission, Measure 110 Oversight & Accountability Council
Joe Bazeghi, Recovery Works NW
Theshia Naidoo, Drug Policy Alliance
Iris Chavez, Equity Action Partners
Tera Hurst, Health Justice Recovery Alliance
Ron Williams, Health Justice Recovery Alliance
Devon Downeysmith, Health Justice Recovery Alliance
Diana Nuñez, Health Justice Recovery Alliance

An analysis of drug overdose rates found earlier this year that decriminalization in Oregon and other jurisdictions had no significant impact on fatal overdoses despite critics’ predictions that the policy would lead to an increase in dangerous drug use.

“Our analysis suggests that state decriminalization policies do not lead to increases in overdose deaths,” Corey Davis, an adjunct professor at the Department of Population Health at the New York University (NYU) Grossman School of Medicine and a senior investigator for the new report, said at the time.

The findings, published in the journal JAMA Psychiatry in September, came on the heels of another recent study co-authored by Davis that found that decriminalization in Oregon and Washington State resulted in reduced arrests for drug possession and did not lead to an uptick in arrests for violent crimes.

“These two studies show that drug decriminalization measures in Oregon and Washington reduced arrests and did not increase overdose deaths,” Davis said. “Taken together, these findings signal reduced harm to people who use drugs and possibly their communities as well.”

Researchers noted, however, that Oregon’s increased funding for treatment and recovery services didn’t actually take effect until after their study was concluded.

Oregon’s rollout of approximately $287.3 million for behavioral health services “was slow and most was distributed between April and September 2022, after our study period,” the study said. “Funded programming has the potential to decrease risky drug-related behaviors and support pathways to addiction recovery, which can reduce nonfatal and fatal drug overdose.”

Oregon had the 34th highest fatal overdose rates in the country, respectively, according to U.S. Centers for Disease Control and Prevention data from 2021, the most recent available.

Legislators already made some adjustments to the state’s decriminalization law this year, passing a package of reforms in June to provide an oversight council with more staff and administrative aid from the Oregon Health Authority (OHA).

A January audit of the measure by the secretary of state found that OHA needed to provide more support and better coordination. It concluded at the time that it was too soon to tell whether Measure 110 programs could curb the state’s drug problems.

Top GOP Ohio Lawmakers And Prohibitionist Groups Push To Overturn Voter-Approved Marijuana Legalization Initiative Or Amend Key Provisions

Photo courtesy of Flickr/Marco Verch.

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Ohio Regulators Unveil Marijuana Legalization Guide As They Prepare To Create Rules For Voter-Approved Market

November 09, 2023

#KahliBuds #MMJ #CBD #THC

Ohio officials have already released an FAQ guide to answer basic questions about the state’s new marijuana legalization law that voters approved on Tuesday.

The state Department of Commerce (DOC) sent out a press release on Wednesday to announce the resource for residents interested in learning more about the rules and timeline for the legalization initiative’s rollout.

Under the measure, a Division of Cannabis Control (DCC) will be established under DOC to regulate the adult-use market and issue marijuana business licenses. But as the department explained, the policies may be subject to change if the legislature moves to amend the law, which some top GOP lawmakers have signaled they plan to do.

Certain fundamental provisions of the measure will take effect within 30 days, DOC said. For example, the legalization of possession of up to 2.5 ounces of marijuana and cultivation of up to six plants (or 12 if two or more adults live in the same household) will become effective on December 7.

Curious about what's next for consumers and licensees considering Issue 2 and yesterday's election results? Check out our comprehensive FAQ guide to find the answers you're looking for: https://t.co/FbTwJrgVuf #Ohio #ElectionResults pic.twitter.com/oADSxZuOOr

— Ohio Commerce (@OhioCommerce) November 8, 2023

But under a FAQ section on the rollout of legal recreational sales, the department explained that it will take longer for retailers to open shop.

“Non-medical cannabis will not be immediately available to purchase in dispensaries and the general public at this moment is not permitted in dispensaries unless the individual is a registered patient or caregiver in the Ohio Medical Marijuana Control Program (MMCP),” it said. “There are currently no entities licensed to sell non-medical cannabis in the state of Ohio.”

The voter-approved initiated statute gives current medical cannabis businesses a head start in the recreational market. Regulators will 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.

“The state legislature plays a separate but important role in this process. Any amendments to the statute could impact the timeline for the rulemaking and licensing process,” DOC said. “Individuals are not allowed to purchase marijuana in other states and bring it into Ohio. Federal law prohibits traveling across state lines with marijuana.”

“The MMCP continues to solicit feedback from internal and external stakeholders to understand the impact of current rules and how the rules can be amended to ensure product safety and licensee compliance,” it said. “Pursuant to the biennial budget approved in July, all medical marijuana responsibilities, including the regulation of dispensaries and oversight of the Patient & Caregiver Registry currently managed by the Ohio Board of Pharmacy, will be consolidated within the Department of Commerce on January 1, 2024.”

The FAQ guide specifically answers questions about the effective date of the new law, the timeline for retail sales, regulatory rulemaking, licensing applications, the impact on the state’s medical cannabis program and tax policy.

Meanwhile, top Republican Ohio lawmakers and prohibitionist groups have already started plotting ways to water down a marijuana legalization law that voters approved, with some proposing changes to specific provisions like tax revenue allocations and others floating an outright repeal.

For what it’s worth, however, a number of Ohio lawmakers said in September that they doubted the legislature would seek to repeal a voter-passed legalization law.

Voters were only able to decide on the issue after lawmaker declined to take the opportunity to pass their own reform as part of the ballot qualification process. They were given months to enact legalization that they could have molded to address their outstanding concerns, but the legislature ultimately deferred to voters by default.

Meanwhile, ahead of the vote, both sides of the campaign stepped up messaging and get-out-the-vote efforts as the election drew near. Last month, the yes campaign sent cease and desist letters to TV stations airing what organizers called opposition advertisements “filled with lies.” And reform advocates put out a pro-Issue 2 election ad of its own.

For his part, 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.”

As early voting kicked off late last month, the GOP-controlled Senate passed a resolution urging residents to reject measure.

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 in September that he would 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 congressman said in a statement to Marijuana Moment on Tuesday that, with the legalization vote, “Ohio voters across the political spectrum made clear that cannabis prohibition is no longer tenable nor the will of the broad electorate.”

“The federal government must not only respect the will of our state and its voters, but support it. I am as invigorated as ever to push and pass common sense reforms that do just that,” he said. “I will continue to center this work around reversing the harms to those who have been unjustly impacted by a near century long prohibition and increasing public safety—which remains inextricably linked to efficient and effective regulations.”

Senate Banking Committee Chairman Sherrod Brown (D-OH) said late last month he voted in favor of the legalization ballot initiative, calling it a “hard decision” but one that was based on his belief that the reform would promote “safety” for consumers.

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

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.

Bipartisan Ohio lawmakers filed a separate bill to legalize marijuana in May, offering the legislature another opportunity to take the lead on the reform.

Here are the key provisions of the Ohio legalization ballot measure that was approved:

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.

GOP Presidential Candidate Vivek Ramaswamy Says He Voted Against Legalizing Marijuana In Ohio

Photo courtesy of Mike Latimer.

The post Ohio Regulators Unveil Marijuana Legalization Guide As They Prepare To Create Rules For Voter-Approved Market appeared first on Marijuana Moment.

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Top GOP Ohio Lawmakers And Prohibitionist Groups Push To Overturn Voter-Approved Marijuana Legalization Initiative Or Amend Key Provisions

November 08, 2023

#KahliBuds #MMJ #CBD #THC

Top Republican Ohio lawmakers and prohibitionist groups are already plotting ways to water down a marijuana legalization law that voters approved at the ballot on Tuesday, with some proposing changes to specific provisions like tax revenue allocations and others floating an outright repeal.

The legalization initiative passed with about 57 percent of the vote, making Ohio the 24th state in the country to end prohibition, despite calls to reject the measure from the governor and leading lawmakers. Now that the statutory amendment has been approved, however, the message from opponents has been consistent: they plan to relitigate the issue in the GOP-controlled legislature.

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“This statute was written by the marijuana industry and should not be treated as a cash grab for their cash crop at the expense of a state trying to emerge from the opioid epidemic,” Senate President Matt Huffman (R) said in a statement following the vote. “The General Assembly may consider amending the statute to clarify the questionable language regarding limits for THC and tax rates as well as other parts of the statute.”

The plan isn’t surprising, as Huffman said last month that the measure would be “coming right back before this body” for lawmakers to amend if voters approved it. The Senate president said in advance of Election Day that he wouldn’t seek to repeal the legalization law entirely but would instead “advocate for reviewing it and repealing things or changing things that are in it.”

House Speaker Jason Stephens (R) also released a statement on Tuesday, asserting that “now is the time for the legislature to lead on how best to allocate tax revenues while responsibly regulating the industry.”

“Investing in county jail construction and funding law enforcement training across Ohio should be our top priority to make our communities safer,” he said, indicating he would like to shift cannabis revenue toward police and incarceration.

As passed by voters, the initiative calls for a 10 percent sales tax on cannabis sales, with resulting funds being divided up to support social equity and jobs programs, localities that allow adult-use marijuana enterprises to operate in their area, education and substance misuse programs and administrative costs of implementing the system.

Any attempts to revise the measure will likely come up against resistance from the measure’s supporters in the legislature, including Rep. Casey Weinstein (D), who has championed reform and sponsored bipartisan legalization legislation.

He responded to the Senate president’s call for changes to the law on Tuesday, writing “BRING. IT. ON.”

BRING. IT. ON. https://t.co/pNSAG2RPJ4

— Rep. Casey Weinstein (@RepWeinstein) November 8, 2023

Once the vote was called, Weinstein told Marijuana Moment that he hopes lawmakers “will heed their call and honor the will of the vote.” But so far, it’s clear that leadership intends to be selective about which parts they’re willing to heed.

Prohibitionist organizations that campaigned against Issue 2, meanwhile, are set on a fundamental undermining of the newly approved law, with some describing plans to pressure the legislature to entirely repeal legalization before it’s even implemented.

Smart Approaches to Marijuana (SAM) Action President Kevin Sabet said on Tuesday that despite voters passing legalization, the “fight is not over.”

OHIO: Unlike the last few ballot races on marijuana, tonight we didn’t prevail— likely because it was on the ballot with the abortion issue. But this isn’t over— statement pic.twitter.com/fGtgg3CNDt

— Kevin Sabet (@KevinSabet) November 8, 2023

“Given Issue 2 was statutory—not constitutional—lawmakers have authority to make changes to the law,” he said. “They should eliminate the provisions allowing for commercial sales, advertising, and production, at a minimum. National polls show that when given the options of decriminalization and medical use, voters overwhelmingly do not favor recreational sales.”

The idea of banning commercial sales and production—central components of the legalization initiative that a majority of voters comfortably approved—goes significantly further than the more incremental changes that GOP leadership has so far floated in public remarks.

OHIO LEADERS MUST ACT TO PROTECT COMMUNITIES FROM PREDATORY ADDICTION INDUSTRY pic.twitter.com/e1lP5rU7dA

— SAM (@learnaboutsam) November 8, 2023

“Notwithstanding these changes, SAM will redouble our efforts to ensure Ohio’s leaders create a strong regulatory framework that protects our young people and puts health and safety above the addiction industry’s profits,” Sabet said. “Ohio should immediately prioritize prevention education, especially in school-age children, enact strict potency caps for THC products, prohibit advertisements aimed at young people, and mandate clear warning labels for all THC products.”

While the national prohibitionist group hasn’t explicitly called for a repeal of the law, one of its key allies on the ground is floating that move as an option.

“It’s a disappointing development but nothing’s over, the venue just shifts from the campaign trail to the Statehouse,” Protect Ohio Workers and Families spokesperson Scott Milburn said on Tuesday. “Support for Issue 2 fell as Ohioans learned how much it’s rigged to merely benefit a handful of big commercial marijuana companies.”

“This ticking time bomb crafted in secret by a Columbus law firm will now be cracked open by the legislature in the full light of day so they can defuse it in an open, public process before it blows up in Ohio’s face,” he said. “It’s a guarantee that wholesale changes await—if not an outright repeal. That would only benefit Ohioans and spare us all a bad case of buyer’s remorse.”

Protect Ohio Workers and Families' official statement on the Issue 2 election results. pic.twitter.com/bYmH5etSLr

— Protect Ohio Workers & Families (@ProtectOhioFW) November 8, 2023

For what it’s worth, a number of Ohio lawmakers said in September that they doubted the legislature would seek to repeal a voter-passed legalization law.

As early voting kicked off late last month, the GOP-controlled Senate passed a resolution urging residents to reject measure.

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

Bipartisan Ohio lawmakers filed a separate bill to legalize marijuana in May, offering the legislature another opportunity to take the lead on the reform.

Here are the key provisions of the Ohio legalization ballot measure that was approved:

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.

Canadian Senators Call For ‘Immediate’ Launch Of Psychedelics Research Program To Explore Treatments For Military Veterans

The post Top GOP Ohio Lawmakers And Prohibitionist Groups Push To Overturn Voter-Approved Marijuana Legalization Initiative Or Amend Key Provisions appeared first on Marijuana Moment.

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The Daily Hit: November 8, 2023

On the Site

In Other News

Social Equity Spotlight: Tiana Hercules on Finding Balance in Connecticut

The Social-Equity Conundrum

Lady Jane

Oregon Officials And Drug Policy Advocates Return From Portugal Trip With Fresh Ideas On Decriminalization

Ohio Regulators Unveil Marijuana Legalization Guide As They Prepare To Create Rules For Voter-Approved Market

Top GOP Ohio Lawmakers And Prohibitionist Groups Push To Overturn Voter-Approved Marijuana Legalization Initiative Or Amend Key Provisions

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DeSantis Launches ‘Florida Freedom Fund’ To Oppose Marijuana Legalization Ballot Initiative, As Campaign Reports Millions In New Donations

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