Politics
Federal Judge Orders Ohio To Let Marijuana Decriminalization Campaigns Collect Signatures Electronically
A federal judge ruled on Tuesday that activists seeking to place marijuana decriminalization measures on local ballots across Ohio can collect signatures electronically after they were forced to suspend in-person gathering due to the coronavirus pandemic.
The court also ordered state officials to extend the deadline to submit signatures from July 1 to July 31.
The Sensible Movement Coalition (SMC), which has been behind more than a dozen successful decriminalization initiatives across the state in recent years, had big plans for 2020. They were gearing up to collect signatures in 14 additional municipalities before officials enacted stay-at-home orders and required social distancing measures.
Those restrictions effectively spelled doom for the campaigns, and activists went to court to argue that preventing an alternative signature gathering method was unconstitutional under the circumstances.
Judge Edmund Sargus Jr. of the U.S. District Court for the Southern District of Ohio sided with the plaintiffs and ruled that electronic signatures for their initiativesâas well as for separate campaigns on a minimum wage increase and election security measures that joined the suitâcan be accepted.
“The wet signature and witness requirements require circulators to go into the public and collect signatures in person. But the close, person-to-person contacts required for in person signature gathering have been strongly discouragedâif not prohibitedâfor several months because of the ongoing public health crisis, and likely pose a danger to the health of the circulators and the signers,” he said in his order.
While the judge stressed that his ruling is not a criticism of the state’s public emergency declarations, “the impact of the Stay-at-Home Orders on Ohioans and the continued risk of close interactions cannot be ignored.”
“The reality is that the Orders and the COVID-19 pandemic have made it impossible for Plaintiffs to satisfy Ohioâs signature requirements,” Sargus said. “Because the burden imposed by the enforcement of the requirements in these circumstances is severe, strict scrutiny is warranted.”
In order to qualify a local initiative for the November ballot, activists must collect signatures equal to or more than 10 percent of the number of residents in the municipality who voted in the most recent gubernatorial election.
Plaintiff Chad Thompson, the executive director of SMC who authored the model decriminalization ordinance, told Marijuana Moment in a phone interview on Wednesday that it’s “very refreshing to see the progress in terms of citizen access to the ballot, where we can now use electronic signatures, which is going to take the citizen’s voice to the next level when it comes to initiative.”
Details about what the digital signature collection process will look like are still to be determined, but the state was ordered to “select its own adjustments so as to reduce the burden on ballot access, narrow the restrictions to align with its interest, and thereby render the application of the ballot-access provisions constitutional under the circumstances” by May 26.
Secretary of State Frank LaRose plans to appeal the court’s ruling, as The Cincinnati Enquirer first reported. A spokesperson said that “the petition requirements set in the Ohio Constitution and decisions on changing them belong to the General Assembly and the people.”
Thompson said he’s not concerned about the prospect of an appeal, contending that “the fact that our First Amendment right to petition was effectively silenced, there’s no question that we are due some sort of relief here. I think that’s unquestionable.”
William Schmitt, a director of SMC and fellow petitioner, told Marijuana Moment that “getting this ruling is very amazing in my eyes and helps me have faith in our democratic process that even during pandemics, we can still find a way to make things fair for everybody and keep our constitutional rights.”
“I’m absolutely stoked that we are finally going to get relief. Because like I said, every year we do collect signatures to make the ballot and it was kind of depressing not being able to utilize my constitutional rights like I have been,” he said.
Schmitt said electronic signature gathering could be as simple as attaching a link to a form for individuals to fill out on a website or possibly creating a PDF document that can be sent around and signed.
Don Keeney, another plaintiff who serves as the executive director of NORML Appalachia, said the “ruling brings brings Ohio and petitioning into the 21st century.”
“We stand with our brothers and sisters at SMC to bring about real marijuana law changes,” he said.
So far, a total of 17 Ohio cities have passed cannabis decriminalization ordinancesâmost through the ballot but a handful through city councils. That list of jurisdictions with decriminalization on the books includes major cities like Dayton, Toledo, Athens, Cincinnati, Columbus and Cleveland.
The cities where the activists are targeting for the 2020 ballot are: Adena, Akron, Baltimore, Cadiz, Chagrin Falls, Glouster, Jacksonville, Maumee, McArthur, New Lexington, Rutland, Syracuse, Trimble and Zanesville.
It’s not clear whether the precedent the judge is setting will have implications for campaigns in the state that weren’t involved in the suit. But if electronic signature gathering is ultimately permitted for any initiative, that could be a major boost for activists behind a proposed statewide ballot measure to legalize cannabis for adult use that has seen its prospects dimmed by the COVID-19 pandemic.
Several campaigns across the U.S. that have also felt the sting of the coronavirus outbreak have similarly asked officials and courts to permit them to collect signatures electronically.
A Montana cannabis legalization campaign that sued the state to allow digital signature collection had their case dismissed, but organizers are pushing ahead with in-person collection and new safety protocols.
In Arizona, activists behind a legalization effort unsuccessfully petitioned the state Supreme Court to instruct the secretary of state to allow people to sign cannabis petitions digitally using an existing electronic system that is currently reserved for individual candidates seeking public office.
A California campaign seeking to amend the stateâs cannabis law and another to legalize psilocybin mushrooms also asked for a digital petitioning option to no avail.
Read the federal judge’s order in the Ohio case below:Â
Ohio Marijuana Electronic S… by Marijuana Moment on Scribd
Hotels, Airbnbs and other lodging facilities in Missouri would be allowed to let medical marijuana patients consume cannabis on their properties under a recently filed bill.
The legislation, titled the “Reduction of Illegal Public Consumption by Allowing for Compassionate Access to Medical Marijuana Act,” would require the state Department of Health and Senior Services to create a new “medical marijuana lodging establishment” license for the facilities. They would have to submit an application and a $50 fee to the agency in order to obtain the new approval.
Once licensed, lodging facilities would have to follow certain rules such as confirming that guests are registered medical cannabis patients, posting signage that says marijuana can be consumed on the property and ensuring that consumption areas are at least 25 feet away from sections where its prohibited.
Places that knowingly permit cannabis to be used without a license would be subject to a $1,000 fine for a first offense, $2,000 for a second, $5,000 for a third and the suspension of their business license for a fourth.
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Marijuana Moment is already tracking more than 400 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.
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Theoretically, if this bill is approved, it could promote tourism in the state, as it specifically allows hotels and other facilities to accept out-of-state medical cannabis certifications for guests.
There’s a similar policy on the books in Colorado, where a bill providing for social consumption site licenses was signed last year.
In a new related study, researchers took a look at the prevalence of Airbnbs allowing marijuana consumptions in Denver and found that it’s surprisingly commonâmuch more so than for tobacco use.
“A substantial number of Airbnb listings in Denver, Colorado permit cannabis use and venues permitting cannabis use may be more likely to also permit tobacco smoking,” the abstract says.
About one-in-four facilities included details about their marijuana policy in the listing, and 76 percent of those permitted cannabis use while 31 percent let guests use tobacco.
The focus of the study, published this month in the Journal of Psychoactive Drugs, was to analyze indoor clear air issues related to marijuana at Airbnbs. It concluded that the facilities should “consider including cannabis use in house rules in jurisdictions that have legalized cannabis to help guests identify spaces with clean air.”
Missouri’s marijuana laws might not be as progressive as Colorado’s, but a Republican lawmaker did file a joint resolution last month that calls for adult-use legalization to be placed before voters on the 2022 ballot.
Washington Lawmakers Approve Marijuana Homegrow Bill In Committee
Photo courtesy of Martin Alonso.
A bill to allow marijuana homegrow in Washington State cleared its first legislative hurdle Friday morning, passing out of the House Commerce and Gaming Committee on a 7â2 vote with a âdo passâ recommendation.
Washington voters approved a cannabis legalization initiative in 2012, and retail sales have been ongoing since mid-2014. Cultivating the plant for personal use, however, remains a felony.
âWashington was one of the first states to legalize, with understandable trepidation,â Rep. Shelley Kloba (D), the lead sponsor of HB 1019 and the chair of the House committee, said at Fridayâs meeting. Homegrow, she said, âis one area where weâve taken a more cautious approach and let other states test the waters.â
Of all other states that have begun legal cannabis sales in the years since Washington legalized, only oneâIllinoisâhas outlawed homegrow. But in Illinois, advocates in Washington have pointed out, the offense is a civil infraction rather than felony crime.
Washingtonâs homegrow bill would allow adults to cultivate up to six cannabis plants at home and keep the marijuana those plants produce. Plants and containers of more than one ounce of cannabis would need to be labeled with the adultâs name, birthdate and address. Households with multiple adults could grow no more than 15 total plants.
While adults could give small amounts of homegrown cannabis to one another, unlicensed sales would remain illegal.
Plants would also need to be out of public view and unable to be âreadily smelledâ outside of the property. Growers who violate those limits would be subject to a civil infraction that carries a maximum $50 fine. Landlords, meanwhile, could decide whether or not to allow rental tenants to grow cannabis on the property.
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Marijuana Moment is already tracking more than 400 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.
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The limits on plants being seen or readily smelled by the public, Kloba said, âprotects both the grower and the neighborsâ by avoiding both possible theft of plantsâa concern some have raised about homegrowâas well as nuisance odor from nearby properties.
Opponents of the bill, including the Washington Association of Police Chiefs and Sheriffs, have complained the homegrow limits would be difficult to enforce. A representative of the group noted at a hearing last week that the bill would prevent police from entering a property unless they first obtained a warrant.
Rep. Eric Robertson (R), one of two lawmakers who voted against the bill Friday, said he was concerned that HB 1019 leaves enforcement to police agencies rather than the state Liquor and Cannabis Board (LCB), which regulates licensed cannabis businesses in the state. He described that provision as a âfatal flaw in the bill because there wonât be any reasonable or informed way to investigate this stuff without a huge impact to our cities.â
Kloba replied that LCB has authority over the stateâs commercial cannabis system, âand this is clearly outside of it.â
The bill has support from numerous advocacy groups, including state and local drug reform advocates and the Washington Build Back Black Alliance (WBBBA), a group of nonprofit and business leaders lobbying on behalf of the stateâs Black communities.
In a letter to lawmakers sent this week, Paula Sardinas of WBBBA noted that 97 percent of the stateâs legal cannabis industry remains white-owned. âAssuming an expansion into homegrown would produce more [illicit] activity represents both systematic prejudice and implicit bias,â Sardinas wrote. âThis very good bill meets the basic tests of both equity and equality.â
Lawmakers made a single amendment to HB 1019 on Friday before advancing the bill, adding changes meant to harmonize the stateâs existing civil forfeiture law with the billâs proposed homegrow limits. Existing law, for example, allows forfeitures when someone engaged in illegal commercial cannabis activity possesses five or more marijuana plants. The amendment raises that cap to 16 plants and slightly increases the amount of harvested cannabis a person can possess.
Kloba said the amendment, which the committee adopted Friday without objection, is meant âso that we donât inadvertently allow people to do homegrow and then they get in trouble for doing so.â
Homegrow also won a small victory in Virginia on Friday as a state Senate committee voted to advance a bill to legalize marijuana in that state. Before approving the bill, lawmakers defeated a proposed amendment that would have outlawed home cultivation.
Jenn Michelle Pedini, executive director of Virginia NORML, told Marijuana Moment the group âis pleased that cooler heads prevailed, defeating an absurd motion to remove personal cultivation from the bill.â
Meanwhile, in Washington, the House Commerce and Gaming committee also heard testimony Friday on a separate bill, HB 1210, that would update state law to replace references to âmarijuanaâ with the word âcannabis.â
âThe word âmarijuanaâ is a reminder of the history of racism and persecution,â argued the billâs lead sponsor, Rep. Melanie Morgan (D), while âcannabisâ comes from the plantâs scientific name. âI ask for this committeeâs support in removing the racist stigma from communities of color.â
Chris Thompson, director of legislative relations for LCB, said the regulatory agency supports the legislation but would like to see a âfriendly amendmentâ that would direct regulators to make the change on their side, too. Such direction would allow LCB to expedite agency rulemaking.
âIf you were to make a very long bill just maybe one paragraph longer and direct our agency to do that with our rules,” Thompson told lawmakers, “then that would help us make this change across the board in one fell swoop.â
Illinois Awards $31.5 Million In Marijuana-Funded Grants To Repair Communities Harmed By Drug War
Arizona marijuana sales for the adult-use market officially began on Friday after state officials began notifying retail business license applicants that they’d been approved.
The launch comes just weeks after voters in the state overwhelmingly passed a cannabis legalization initiative during November’s election. This marks the fastest transition from voter-approval to sales implementation of any state that has legalized marijuana to date.
Under the measure, regulators were required to quickly develop rules for the market. Industry stakeholders say they’ve had productive conversations with the Department of Health Services to create those guidelines over the past few weeks.
The department released two draft versions of its proposed regulations and then, earlier this month, began accepting applications for recreational business licenses. This first round of approvals is for existing medical cannabis dispensaries that have already gone through the state’s prior licensing process.
“ADHS has received 79 applications since the application period began early Wednesday,” the department said in a press release on Friday. “Six of those applications remain under review,” meaning that 73 facilities can now begin adult-use cannabis sales. The full list of those stores is at the bottom of this story.
NOW: Line goes around the building at @HarvestHOC in Scottsdale, one of 73 facilities in AZ w/ recreational marijuana sales license. #fox10phoenix pic.twitter.com/ym9waon5Oc
— Justin Lum (@jlumfox10) January 22, 2021
Those who aren’t currently operating a medical marijuana shops can still apply for an adult-use license during this first round if they plan to operate in a county with two or fewer existing dispensaries. Applications for those who aren’t eligible in this phase will be open soon and are expected to be approved starting in the spring.
Samuel Richard, executive director of the Arizona Dispensaries Association, told Marijuana Moment that the “dedicated focus and professionalism of our regulators have really played out here in an incredible way.”
“We had overwhelming support in Novemberâa three to two margin, 60-40 percent. We got over the finish line,” he said. “It’s great to see that our regulators responded to that overwhelming support by working as fast as they can to get the infrastructure in place to allow the two million Arizonans that voted ‘yes’ for Prop 207 to start to enjoy the benefits of legal, adult-use cannabis.”
Recreational marijuana sales are now legal in Arizona. Here is the scene at Harvest in Scottsdale that started selling recreational at around noon today. pic.twitter.com/20RW76nzij
— David Wallace (@DavidWallce) January 22, 2021
Legalization advocates are cheering the state for its expediency in getting the recreational marijuana market off the ground.
Matthew Schweich, deputy director at the Marijuana Policy Project, told Marijuana Moment that it is “encouraging to see Arizona move forward with implementation of the legalization policy approved by voters in November.”
“By avoiding unnecessary delays, Arizona will accelerate the timeline for job creation, business investment, and new tax revenue,” he said.
“I commend state officials for prioritizing the implementation of Prop. 207 and ensuring that Arizona adults have safe and convenient access to affordable marijuana in a timely manner,” NORML State Policies Coordinator Carly Wolf, told Marijuana Moment. “Voters were crystal clear on their mandate at the ballot box: end the failed policy of criminalization and replace it with a legal pragmatic regulatory framework as soon as possible.”
“Itâs time to stop ceding control and revenue of the marijuana market to unregulated and untaxed enterprises in order to eliminate the risks associated with an illicit market,” she said.
The rules for the adult-use market took effect on January 15. They cover licensing fees, the timeline for approvals, the structure of the regulatory body, product labeling, public safety protocols and more. Many of the changes from prior draft regulations were technical, but there was one notable change concerning credentialing for cannabis workers.
Rather than being credentialed for one specific facility, the worker registration was expanded so that they could be certified to be employed at any cannabis operation in the industry.
While these rules are in place for the newly approved retailers, Richard said regulators have made clear their intent to continue to work with stakeholders and continue to build upon their rules to ensure the market’s success.
RECREATIONAL MARIJUANA-
A line for has already formed here at @HarvestHOC on Grant. They were approved for a recreational license today by AZDHS and have already started selling. @KOLDNews pic.twitter.com/jZMuGiP1Jg— Karly Tinsley (@ktinsleynews) January 22, 2021
Under the stateâs new legalization law, adults will be able to possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use.
The measure also contains several provisions aimed at addressing the harms of prohibition such as allowing individuals with prior marijuana convictions to petition the courts for expungements and establishing a social equity ownership program.
Cannabis sales will be taxed at 16 percent. Tax revenue will cover implementation costs and then be divided among funds for community colleges, infrastructure, a justice reinvestment and public services such as police and firefighters.
That revenue could also help the Arizona’s economic recovery amid the coronavirus pandemic, Richard said.
“At the time where folks are still struggling to recover across the country in terms of state budgets, we look forward to being a critical piece” of that recovery, he said.
Arizona’s quick response to voter approval of the reform initiative stands in stark contrast to New Jersey, where voters also approved a legalization referendum in November.
While regulations have been developed and retail sales are launching in Arizona, enabling legislation has faced numerous delays in New Jersey as lawmakers and the governor continue to hash out differences in their preferred regulatory approach.
That said, New Jersey Gov. Phil Murphy (D) said during his State of the State address last week that âwe are on the verge of passing an innovative and groundbreaking set of laws to reform our historically unjust approach to marijuana and cannabis.â But the exact timeline to pass an implementation bill is yet to be determined.
See the full list of medical cannabis dispensaries authorized to sell recreational marijuana below:
| Facility Legal Name | County | City |
| Natural Relief Clinic Inc | Cochise | Bisbee |
| Desertview Wellness & Healing Solutions, LLC | Coconino | Flagstaff |
| Arizona Natures Wellness | Coconino | Sedona |
| Desert Medical Campus | Gila | Payson |
| High Desert Healing Llc | Maricopa | Avondale |
| Non Profit Patient Center Inc | Maricopa | Cave Creek |
| Azgm 3, Inc | Maricopa | Chandler |
| Border Health, Inc | Maricopa | Chandler |
| Total Health & Wellness Inc | Maricopa | Chandler |
| Total Health & Wellness Inc | Maricopa | Chandler |
| Arizona Cannabis Society Inc. | Maricopa | El Mirage |
| Fort Mountain Consulting, Llc | Maricopa | El Mirage |
| Absolute Health Care Inc | Maricopa | Gilbert |
| Ocotillo Vista, Inc. | Maricopa | Glendale |
| Pahana, Inc. | Maricopa | Glendale |
| Pp Wellness Center | Maricopa | Glendale |
| Whoa Qc Inc | Maricopa | Glendale |
| G.T.L. Llc | Maricopa | Guadalupe |
| Nature Med Inc | Maricopa | Guadalupe |
| 4245 Investments Llc | Maricopa | Mesa |
| Arizona Wellness Collective 3, Inc | Maricopa | Mesa |
| Buds & Roses, Inc | Maricopa | Mesa |
| Jamestown Center | Maricopa | Mesa |
| Sea Of Green Llc | Maricopa | Mesa |
| The Giving Tree Wellness Center Of Mesa Inc | Maricopa | Mesa |
| The Healing Center Farmacy Llc | Maricopa | Mesa |
| Valley Healing Group Inc | Maricopa | Mesa |
| Vending Logistics Llc | Maricopa | Mesa |
| Pinal County Wellness Center | Maricopa | Peoria |
| Ad, Llc | Maricopa | Phoenix |
| Az Compassionate Care Inc | Maricopa | Phoenix |
| Catalina Hills Botanical Care Inc | Maricopa | Phoenix |
| Devine Desert Healing Inc | Maricopa | Phoenix |
| Fort Consulting, Llc | Maricopa | Phoenix |
| Greens Goddess Products, Inc | Maricopa | Phoenix |
| Healing Healthcare 3 Inc | Maricopa | Phoenix |
| Herbal Wellness Center Inc | Maricopa | Phoenix |
| Kwerles Inc | Maricopa | Phoenix |
| Mohave Valley Consulting, Llc | Maricopa | Phoenix |
| Natural Herbal Remedies Inc | Maricopa | Phoenix |
| Natural Relief Clinic Inc | Maricopa | Phoenix |
| Nature’s Healing Center Inc | Maricopa | Phoenix |
| Nature’s Healing Center Inc | Maricopa | Phoenix |
| Organica Patient Group Inc | Maricopa | Phoenix |
| Phytotherapeutics Of Tucson | Maricopa | Phoenix |
| Rjk Ventures, Inc. | Maricopa | Phoenix |
| The Giving Tree Wellness Center Of North Phoenix Inc | Maricopa | Phoenix |
| Zonacare | Maricopa | Phoenix |
| The Kind Relief Inc | Maricopa | Queen Creek |
| Byers Dispensary | Maricopa | Scottsdale |
| Csi Solutions Llc | Maricopa | Scottsdale |
| Eba Holdings Inc. | Maricopa | Scottsdale |
| All Greens Inc | Maricopa | Sun City |
| East Valley Patient Wellness Group Inc | Maricopa | Sun City |
| Holistic Patient Wellness Group | Maricopa | Tempe |
| Salubrious Wellness Clinic Inc | Maricopa | Tempe |
| Svaccha, Llc | Maricopa | Tempe |
| Kannaboost Technology Inc | Maricopa | Tempe |
| K Group Partners Llc | Maricopa | Youngtown |
| Sweet 5, Llc | Maricopa | Youngtown |
| Verde Dispensary Inc | Mohave | Kingman |
| Abedon Saiz Llc | Mohave | Lake Havasu City |
| Fwa Inc | Mohave | Lake Havasu City |
| Arizona Golden Leaf Wellness, Llc | Pima | Marana |
| Medmar Tanque Verde Llc | Pima | Tucson |
| Patient Care Center 301, Inc. | Pima | Tucson |
| Rainbow Collective Inc | Pima | Tucson |
| Nature’s Wonder Inc | Pinal | Apache Junction |
| Svaccha, Llc | Pinal | Apache Junction |
| Medical Pain Relief Inc | Pinal | Casa Grande |
| Sherri Dunn, Llc | Yavapai | Cottonwood |
| 203 Organix, Llc | Yavapai | Prescott |
| Jamestown Center | Yuma | Yuma |
Congressman Files First Federal Marijuana Reform Bill Of 2021
