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Ohio Cannabis Legalization Initiative Approved For November Ballot
Valid ballot initiative signatures have been submitted, and “massive turnout” is expected this November for cannabis and abortion rights.
The Ohio-based advocacy group known as Coalition to Regulate Marijuana Like Alcohol (CRMA) got a citizen-initiative approved to legalize cannabis cultivation, manufacturing, testing, and sales for residents over 21.
In July, advocates submitted 123,367 signatures to qualify for the ballot this November, but they actually needed 124,046. “It looks like we came up a little short in this first phase, but now we have 10 days to find just 679 voters to sign a supplemental petition—this is going to be easy, because a majority of Ohioans support our proposal to regulate and tax adult use marijuana,” said CRMA spokesperson Tom Haren.
Advocates worked to collect the remaining 679 signatures, but instead submitted 6,545 signatures for the initiative to qualify for the ballot in early August.
Recently Ohio voters rejected Issue 1, which was a constitutional change proposal that would have made it more difficult to enact constitutional amendments. In the case of a proposed ballot measure heading to the polls for abortion rights, the failure of Issue 1 would instead allow the measure to pass with a majority vote, rather than a minimum of 60% in favor.
While the cannabis citizen-initiative will not amend the Ohio constitution, and therefore is not affected by Issue 1, it could be indirectly affected in terms of increased voter turnout. “The failure of Issue 1 really, really is going to create a massive turnout in November and the people that I think would be likely to vote on that abortion issue would also be more likely to vote positively on the recreational marijuana issue,” Attorney David Waxman told the Ohio Capital Journal.
Another attorney, James Sandy, added that the hot topic of abortion rights will distract voters from opposing the cannabis initiative. “Being on the ballot with such a hot issue like abortion, some of the groups that might be willing to fundraise against legalizing adult-use in Ohio are going to be using those resources on the abortion initiative,” Sandy said.
Haren maintained confidence for the success of cannabis legalization. “We have always believed that our issue is popular and will pass no matter the date of the election or who we share the ballot with,” Haren said.
A recent poll conducted by Suffolk University found that 59% of voters support legalizing cannabis possession and sales.
“I think people who go out to vote in November are likely to support us no matter what they vote on the abortion amendment,” said Haren. “I think we will be popular among those who vote yes (on the abortion rights amendment) and we’re going to be popular among those who vote no (on the abortion rights amendment) as well.”
The Ohio cannabis ballot initiative was confirmed to be on the ballot on Aug. 16.
A paper published by researchers at Ohio State University, entitled “What Tax Revenues Should Ohioans Expect If Ohio Legalizes Adult-Use Cannabis?” found that Ohio could collect up to $403.6 million in annual tax revenue if cannabis is legalized. This is the second time researchers have published a report on the potential impact of legalization in Ohio, which previously estimated that the state could earn anywhere between $276.2 million (last year’s estimate) to $403.6 million after five years of legalization have passed.
“Though these projections are subject to various assumptions, the tax revenue experiences of other states support claims that Ohio is likely to generate hundreds of millions in tax revenues from a mature adult-use market,” researchers wrote. “For comparison, in FY 2021, Ohio casinos have generated gross tax revenues of over $300 million, so it is possible that cannabis sales in Ohio will generate tax returns comparable to those now collected through the gross casino revenue tax.”
Researchers concluded that these estimates for annual cannabis tax revenue would be impressive, but still only “represent a small percentage of Ohio’s $60+ billion annual budget.”
Source: https://hightimes.com/news/ohio-cannabis-legalize-initiative-pending-for-november-ballot/
New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.
The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.
Golden Roots operates the The Cannabis Revolution Dispensary.
The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.
The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.
Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.
After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.
In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.
The company requested a hearing, which the regulator scheduled for Sept. 1.
At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.
Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.
Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.
The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.
Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/
Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.
According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”
Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.
The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”
The companies want the case to go before the U.S. Supreme Court.
They hired prominent law firm Boies Schiller Flexner to represent them.
The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.
Similar challenges to the federal Controlled Substances Act (CSA) have failed.
One such challenge led to a landmark Supreme Court decision in 2005.
In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.
In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.
Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.
“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.
“Moreover, the facts on which those precedents are based are no longer true.”
Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”
While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.
“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”
Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.
The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).
Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.
Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.
That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.
Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.
Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.
A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.
Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/
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