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Politics


NEW OHIO HOUSE BILL SEEKS TO MODIFY MARIJUANA LAW BEFORE IT TAKES EFFECT NEXT
WEEK

Ohio lawmakers scramble to find consensus on modifications to Issue 2 before it
takes effect December 7.
Author: Lynna Lai
Published: 11:18 PM EST November 29, 2023
Updated: 11:18 PM EST November 29, 2023

CLEVELAND — The clock is ticking before Issue 2 takes effect next week on
December 7, and Ohio Republican lawmakers are scrambling to find consensus on
changes to the law created by the ballot measure that passed in the November 7
election with 57-percent of the vote.

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House Bill 341, sponsored by Rep. Gary Click, (R-Vickery), was introduced on
Tuesday. It would make several revisions to the recreational marijuana law,
including allowing municipalities to ban marijuana dispensaries and the home
growing of cannabis plants, both of which were protected by Issue 2.

Under the ballot measure, revenue from a 10-percent tax on marijuana sales will
go toward social equity and substance abuse programs, municipalities with
dispensaries, and administrative costs.

HB 341 would create an additional revenue category to fund law enforcement
training.

Should applicants previously convicted of marijuana crimes have priority?

Ohio Senate President Matt Huffman, (R-Lima), has expressed his desire to enact
some changes to Issue 2 before it takes effect, rather than taking something
away from constituents. 

Huffman signaled a potential change to a provision in Issue 2 intended to
address racial and ethnic differences in dispensary licensure.

"Did the voters, for example, know that there was going to be preferences to
licenses to people who have been formally convicted for selling drugs
illegally?" said Huffman during a recent "President's Podcast."

"Probably not very many people thought of that," he added.

Organizers behind Issue 2 included a similar provision found in other states
which have legalized recreational marijuana, that awards licenses to
economically or socially disadvantaged applicants.

According to the new law, social disadvantage can be based on "the owner or
owners, or their spouse, child, or parent, have been arrested for, convicted of,
or adjudicated delinquent for a marijuana-related offense as determined by rule
by the department of development prior to the effective date of this section."

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One study found that black cannabis entrepreneurs make up less than 2-percent of
the nation's marijuana businesses.

"There's a long history of people being prosecuted for marijuana crimes in this
country and it disproportionately affects minorities. That's the reality of it,"
said Kevin Murphy, managing partner of the Cleveland law firm, Walter
Haverfield. Murphy also serves as a legal consultant for the marijuana industry.

"There are a lot of people of color who are locked up in prison because of a
marijuana violation," said Murphy. "And historically, if you've had felony or
misdemeanor you were precluded from having a license. The prevailing thought
was, marijuana is legal now, and you have these people who were convicted of a
crime when it was illegal. But now it's legal, so shouldn't they be allowed to
participate? That was the intent of the law," Murphy explained.

However, New York state, which legalized recreational marijuana in 2021, has
seen its program stalled, because of legal challenges to its policy of offering
the first dispensary licenses only to those with previous marijuana-related
convictions. A settlement of the lawsuit from a group of veterans who claimed to
have equal social disadvantages was announced on Tuesday.

Murphy expects the state will turn to a lottery system for applicants, similar
to the state's medical marijuana application process, in order to avoid
litigation.

He also anticipates lawmakers will lower the limits to THC, the chemical in
marijuana that makes you high. 

Currently the law has limits of 35-percent for plant material and 90-percent for
extracts. The language in the law is also expected to be clarified, after
confusion over the terms "no less than" 35-percent for plant material and "no
less than" 90-percent for extracts.

Murphy concedes the language should instead be "no more than," to reflect the
law's intent for the threshold to be a ceiling, and not a minimum for THC
levels.

Republican lawmakers hope to introduce measures to revise the adult-use cannabis
law on the House floor by December 6.

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PREVIOUS COVERAGE ON WKYC.COM:

 * 'You can be fired for your use of marijuana': Legal expert weighs in on
   questions about recreational marijuana in Ohio
 * What's next after Ohio voters pass Issue 2 to legalize recreational
   marijuana?


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