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Federal Court Rejects Ohio Marijuana Activists’ Challenge Over 2020 Decriminalization Initiatives

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A federal court on Wednesday ruled that a lawsuit from Ohio marijuana activists concerning proposed decriminalization measures they wanted to place on local 2020 ballots across the state could not proceed despite their repeated attempts to seek petitioning relief amid the coronavirus pandemic.

The case before the U.S. Circuit Court of Appeals for the Sixth Circuit proved unsuccessful, with judges deciding that the challenge was no longer relevant because last year’s election has passed and the case was therefore moot.

“Without a time machine, we cannot go back and place plaintiffs’ initiatives on the 2020 ballot,” the panel said, referring to the 2020 lawsuit from the Sensible Movement Coalition (SMC) that sought to force officials to allow electronic signature gathering and make other changes to rules to accommodate the decriminalization campaigns in the early part of the pandemic.

A federal judge did rule in the group’s favor last year, but the appellate court subsequently shot it down. The U.S. Supreme Court also declined to take up the case following an appeal.

Because SMC’s complaint was directly connected with the 2020 election, the appellate judges said the plaintiffs can’t “get any of the relief they asked for.”

“We need not restate the facts at length,” they said. “The short of it is this: Plaintiffs are three Ohio voters. They regularly circulate petitions to get initiatives on local and statewide ballots. For the 2020 election cycle, plaintiffs hoped to place initiatives on municipal ballots to decriminalize marijuana.”

“Plaintiffs sought specific relief. They challenged Ohio’s ballot-access laws as applied to the unique circumstances existing during the 2020 election,” the judges wrote. “But because of intervening events—the passing of the election and the rescission of Ohio’s stay-at-home orders and emergency declaration—we cannot give plaintiffs what they ask for.”

SMC has pushed back against the notion that its case is irrelevant just because the 2020 has election passed. The group said that it could’ve continued to collect signatures between March and July to qualify the initiatives for this year’s election if the court has approved the alternative petitioning process.

But the court contended that “even if that’s true, this is the first time plaintiffs are saying so,” and so they would not entertain the argument.

Finally, activists argued that the same pandemic-related circumstances that necessitated electronic petitioning and the other changes they requested—included deadline extensions and reduced signature requirements—may well apply in 2021, as the health crisis is not over. The judges said flatly that “this speculation does not get the job done,” as Law 360 first reported.

“Ohioans had to make sacrifices as the state responded to COVID-19. We appreciate the difficulties the virus posed to plaintiffs’ efforts to gather signatures for their initiatives. But the event for which plaintiffs sought relief has passed. So their claims are now moot. We affirm the district court’s dismissal of their complaint.”

SMC has been behind more than a dozen successful decriminalization initiatives, and they’re actively working to place additional reform measures before voters at the local level this year.

Another group of Ohio marijuana activists have a separate plan to legalize cannabis in the state as lawmakers pursue reform legislation. The Coalition to Regulate Marijuana Like Alcohol (CTRMLA) on Tuesday announced a new effort to implore legislators to enact the policy change.

The group submitted the requisite 1,000 signatures to the Ohio attorney general’s office on Tuesday. Officials now have 10 days to review the summary and text to ensure that it is “fair and truthful” and approve it for circulation. Several existing medical cannabis businesses are backing the measure.

Meanwhile, state Rep. Casey Weinstein (D) recently announced he will be sponsoring legislation alongside Rep. Terrence Upchurch (D) this session that would legalize and regulate marijuana in the state. It would mark the first time such a proposal to allow recreational cannabis commerce has been introduced in the legislature


Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

“Ohioans and Americans are way out ahead on this issue, and the comfort level with first decriminalization and medical marijuana and then full legalization is just so far beyond where legislators are,” Weinstein told Marijuana Moment in a phone interview about his bill. “This is an effort to close that gap and catch up.”

Weinstein’s bill would would legalize possession of up to five ounces of cannabis for adults 21 and older and allow them to cultivate up to 12 plants for personal use. It will also include provisions to expunge prior convictions for possession and cultivation activities that are being made legal under the measure.

The separate proposed law that CTRMLA is pushing 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.

It’s a notable departure from the failed 2015 legalization ballot initiative, which faced criticism from advocates because of an oligopolistic model that would’ve granted exclusive control over cannabis production to the very funders who paid to place it before voters.

Read the text of the court’s ruling on the Ohio marijuana case below: 

Ohio marijuana case by Marijuana Moment

House Approves Marijuana Banking, Employment And D.C. Sales Provisions In Large-Scale Spending Bill

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Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

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Bipartisan Pennsylvania Senators File Bill To Let Medical Marijuana Patients Grow Their Own Plants

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A bipartisan group of Pennsylvania senators introduced a bill on Thursday that would allow medical marijuana patients to cultivate their own plants for personal use.

Sens. Dan Laughlin (R) and Sharif Street (D) first announced their intent to file the legislation in November, arguing that it is a necessary reform to ensure patient access by giving people a less costly alternative to buying from dispensaries.

Registered patients who are 21 and older, and who have been residents of the state for at least 30 days, could grow up to six plants in an “enclosed and locked space” at their residence, according to the text of the bill. They would be allowed to buy cannabis seeds from licensed dispensaries

 

In an earlier cosponsorship memo for the new home grow bill, the lawmakers said that letting patients cultivate their own medicine would “help ease the cost and accessibility burdens for this important medicine.”

The new legislation has three other initial cosponsors in addition to Street and Laughlin.

Street had attempted to get the reform enacted as an amendment to an omnibus bill this summer, but it did not advance.

The senators argue that patients in particular are deserving of a home grow option, as some must currently travel hours to visit a licensed dispensary and there are financial burdens that could be alleviated if patients could grow their own plants for medicine.

Late last year, Laughlin and Street also unveiled a separate adult-use legalization proposal that faces significant challenges in the GOP-controlled legislature. And Street is behind another recent cannabis measure to provide state-level protections to banks and insurers that work with cannabis businesses.


Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

In the interim, Lt. Gov. John Fetterman (D), who is running for U.S. Senate this year, said one of his key goals in his final year in office is to ensure that as many eligible people as possible submit applications to have the courts remove their cannabis records and restore opportunities to things like housing, student financial aid and employment through an expedited petition program.

Pennsylvania lawmakers could also take up more modest marijuana reform proposals like a bill filed late last year to expand the number of medical marijuana cultivators in the state, prioritizing small farms to break up what she characterized as a monopoly or large corporations that’s created supply problems.

Rep. Amen Brown (D) separately announced his intent to file a legalization bill that he’ll be working on with Sen. Mike Regan (R), who expressed his support for the policy change a day earlier.

Additionally, another pair of state lawmakers—Reps. Jake Wheatley (D) and Dan Frankel (D)—formally unveiled a legalization bill they’re proposing last year.

Philadelphia voters also approved a referendum on marijuana legalization in November that adds a section to the city charter saying that “the citizens of Philadelphia call upon the Pennsylvania General Assembly and the Governor to pass legislation that will decriminalize, regulate, and tax the use, and sale to adults aged 21 years or older, of cannabis for non-medical purposes.”

Gov. Tom Wolf (D) said last year that marijuana legalization was a priority as he negotiated the annual budget with lawmakers. However, his formal spending request didn’t contain legislative language to actually accomplish the cannabis policy change.

The governor, who signed a medical cannabis expansion bill in June, has repeatedly called for legalization and pressured the Republican-controlled legislature to pursue the reform since coming out in favor of the policy in 2019. Shortly after he did that, a lawmaker filed a separate bill to legalize marijuana through a state-run model.

A survey from Franklin & Marshall College released last year found that 60 percent of Pennsylvania voters back adult-use legalization. That’s the highest level of support for the issue since the firm started polling people about it in 2006.

An attempt to provide protections for Pennsylvania medical marijuana patients from being charged with driving under the influence was derailed in the legislature last year, apparently due to pushback by the state police association.

Nebraska Activists Say New GOP Medical Marijuana Bill Is A ‘Poison Pill’ Meant To Detract From Ballot Efforts

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Minnesota Democratic Leaders Preview Marijuana Legalization Plan For 2022

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Minnesota Democratic leaders are preparing for another push to legalize marijuana this session, with the sponsor of the House-passed reform bill saying he will be reworking the legislation in an effort to build further support—though it continues to face an uphill climb in the GOP-controlled Senate.

House Majority Leader Ryan Winkler (D) and Senate Minority Leader Melisa Franzen (D) discussed the legislative strategy during a roundtable event hosted by the Minnesota Hemp Growers Cooperative on Wednesday.

Winkler said that his bill, which moved through 12 committees before being approved on the House floor last year, is the “product of hundreds of hours of work involving thousands of people’s input, countless hearings and public listening sessions—but it is not a perfect bill.”

“As we look ahead to this session…our goal is to go back and reexamine provisions of the bill,” he said. Licensing structures, public safety and substance misuse concerns are among the issues that lawmakers will be looking at to improve upon the legislation.

“We will be working with our colleagues in the Minnesota Senate,” Winkler added. “We’re interested in pursuing legalization to make sure that the bill represents senators’ priorities for legalization as well.”

The leader said that “any effort this year that would be successful would require Republican support as well.”

But while advocates are encouraged to hear that the House may again vote to pass the legalization legislation, the Senate minority leader tempered expectations about the bill’s prospects in her Republican-run chamber.

“Unfortunately, I don’t think there’s a path to legalization this year in the Minnesota Senate,” Franzen said. “It’s controlled by the Republican party, and they have there’s a few members who are really adamantly opposed to legalization.”

Gov. Tim Walz (D) is supportive of cannabis legalization, and while the broad reform didn’t advance last session, he did sign a bill to expand the state’s medical marijuana program, in part by allowing patients to access smokable cannabis products.

Winkler said on Wednesday that “it was because of the work done” by advocates on legalization that put pressure on Senate Republicans to advance that legislation.

Another cannabis issue playing out in Minnesota concerns CBD. The state agriculture department and pharmacy board have increased enforcement against the sale of the non-intoxicating cannabinoid in recent months, prompting calls for legislative reform.

Winkler said that the political dynamics around legalization that led to the expansion of the state’s medical cannabis program will be “a template for how we will address challenges with CBD this year.”

“My staff is working very closely with advocates, working with senators, working with other House members to get in a repair for the CBD industry, and I have every confidence that we will be able to do that with your help,” he said.

A poll conducted by Minnesota lawmakers that was released last year found that 58 percent of residents are in favor of legalization. That’s a modest increase compared to the chamber’s 2019 survey, which showed 56 percent support.

Winkler said in 2020 that if Senate Republicans don’t go along with the policy change legislatively, he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.

Rhode Island Governor Includes Marijuana Legalization And Expungements In Budget Request

Photo courtesy of Philip Steffan.

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Nebraska Activists Say New GOP Medical Marijuana Bill Is A ‘Poison Pill’ Meant To Detract From Ballot Efforts

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A Republican Nebraska senator introduced a bill on Thursday that ostensibly seeks to legalize medical marijuana in the state—but activists have raised concerns that the restrictive measure may be an attempt to subvert an effort to pass even broader patient protections on the 2022 ballot.

Sen. Mike Groene (R) filed the legislation, which would allow certain patients to buy and possess cannabis oils, pills and up to two and a half ounces of flower at a limited number of dispensaries. Smoking or inhaling marijuana would be banned, however, as would making edibles—so it’s not clear how patients would consume the flower they could possess.

But the main problem is, the bill would maintain that cultivating marijuana in Nebraska for commercial or personal use is illegal, meaning dispensaries wouldn’t even have a legal means of obtaining cannabis products for patients.

The bill is also severely restrictive in terms of who would qualify for cannabis. It would only permit access to people with stage IV cancer, uncontrolled seizures, severe muscle spasms caused by multiple sclerosis or muscular dystrophy or a terminal illness with less than a one year probable life expectancy.

It’s being backed by the Nebraska chapter of the prohibitionist group Smart Approaches to Marijuana (SAM), leading some advocates to suspect that the lack of cultivation provisions is designed to be a “poison pill” while misleading voters into thinking that there is a good faith effort to legalize medical cannabis legislatively.

“This appears to be a political stunt,” Jared Moffat, state campaigns manager at the Marijuana Policy Project, said in a press release. “Opponents of medical cannabis know there is a viable campaign to put medical cannabis on the ballot, and they know Nebraskans will overwhelmingly support that effort.”

“This is an attempt to take our focus away from that,” he said. “But it won’t succeed because it’s clear that this proposal is not a good faith effort to find some middle ground on the issue.”

The bill comes as Nebraskans for Medical Marijuana (NMM) continues to work to collect signatures for a pair of medical cannabis legalization initiatives that advocates hope to place on the November ballot. They have until July to collect 87,000 valid signatures to qualify each of their complementary measures.

Activists with the group collected enough signatures to qualify a medical marijuana legalization measure for the 2020 ballot, but the state Supreme Court invalidated it, finding that the proposal violated the single-subject rule for citizen initiatives.


Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Now this legislation from Groene is entering the mix for the 2022 session. And SAM Nebraska co-chair John Kuehn told The Lincoln Journal-Star that it’s “a good faith effort and we are willing to look at this as an acceptable alternative to creating a marijuana industry in the state of Nebraska.”

While advocates aren’t necessarily buying that argument given that it would authorize dispensaries without providing the ability to cultivate marijuana products, some like NMM co-chair Sen. Anna Wishart (D) are willing to work with the senator to get the bill into a more acceptable shape for patients.

“It would be the status quo,” Wishart said. “I want a safe system, but there are practical realities patients are living with every day. No one wants a system that doesn’t work.”

Notably, Groene did support a procedural motion to advance Wishart’s more expansive medical cannabis bill last session.

Jane Kleeb, chair of the Nebraska Democrats, pounced on the restrictive nature of Groene’s bill and said it makes it “not easy or feasible for most” to obtain a medical cannabis recommendation from a doctor.

Shari Lawlor, a member of Nebraska Families for Medical Cannabis, said that the group is “grateful that Sen. Groene recognizes the importance of medical cannabis,” but as drafted, “this is a medical cannabis bill with no cannabis.”

“It envisions a system with dispensaries but no farmers or cultivators who actually produce the medical cannabis that patients need,” she said. “And since patients are not allowed to cultivate medical cannabis themselves under this proposal, there is effectively no way for patients to get the relief they need.”

Gov. Pete Ricketts (R) is no fan of legalization. He partnered with SAM Nebraska on a recent ad urging residents to oppose cannabis reform in the state. Given the organization’s support for this new GOP proposal, there’s some suspicion that he might back it to give the appearance that the administration isn’t deaf to calls for reform by voters.

Advocates aren’t going to be deterred by the bill’s introduction. They will be moving forward with the complementary medical cannabis initiatives in hopes to getting the issue to voters.

The campaign deliberately chose to take a bifurcated approach because of the state Supreme Court invalidation over the single-subject rule.

One of the statutory initiatives would establish legal protections for patients and doctors around cannabis, while the other would allow private companies to produce and sell medical marijuana products.

Lawmakers attempted to advance medical cannabis reform legislatively last year, but while the unicameral legislature debated a bill to legalize medical marijuana in May, it failed to advance past a filibuster because the body didn’t have enough votes to overcome it.

Wishart and NMM co-chair Sen. Adam Morfeld (D) announced in late 2020 that they would also work to put the question of legalizing marijuana for adult use before voters in 2022. But for now their focus appears to be on the medical cannabis effort.

For what it’s worth, Nebraska’s attorney general argued in an opinion in 2019 that efforts to legalize medical marijuana legislatively in the state would be preempted by federal law and “would be, therefore, unconstitutional.”

Rhode Island Governor Includes Marijuana Legalization And Expungements In Budget Request

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