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
A California senator is asking the head of the U.S. Department of Health and Human Services (HHS) to provide clarification on whether hospitals and other healthcare facilities in legal marijuana states can allow terminally ill patients to use medical cannabis without jeopardizing federal funding.
State Sen. Ben Hueso (D) on Thursday sent a letter to HHS Secretary Xavier Becerra and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure inquiring about the policy. Confusion about possible implications for permitting marijuana consumption in health facilities led pro-legalization Gov. Gavin Newsom (D) to veto a bill meant to address the issue in 2019.
Hueso refiled a nearly identical version of the legislation for this session, and it’s already passed the full Senate and one Assembly committee. It’s now awaiting action on the Assembly floor before potentially being sent to Newsom’s desk.
I'm respectfully requesting that CMS & HHS provide clarification assuring Medicare/Medicaid providers they won't lose reimbursements for allowing #medicalcannabis use on their premises. This would go a long way to help hospital staff, security &, above all, patients. @SecBecerra pic.twitter.com/Zh9CJtujxc
— Senator Ben Hueso (@SenBenHueso) July 29, 2021
“Ryanâs Law would require that hospitals and certain types of healthcare facilities in the State of California allow a terminally-ill patient to use medical cannabis for treatment and/or pain relief,” the senator wrote in the letter to the federal officials, with whom he is asking to meet to discuss the issue. “Currently, whether or not medical cannabis is permitted is left up to hospital policy, and this creates issues for patients and their families who seek alternative, more natural medication options in their final days.”
Hospitals that receive CMS accreditation are generally expected to comply with local, state and federal laws in order to qualify for certain reimbursements. And so because marijuana remains federally illegal, “many healthcare facilities have adopted policies prohibiting cannabis on their grounds out of a perceived risk of losing federal funding if they were to allow it.”
But Hueso said that his office received a letter from CMS several months ago stating that there are no specific federal regulations in place that specifically address this issue and that it isn’t aware of any cases where funding has been pulled because a hospital allows patients to use medical cannabis.
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Marijuana Moment is already tracking more than 1,200 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.
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Additionally, because the Justice Department has been barred under annually renewed spending legislation from using its funds to interfere in the implementation of state-level medical marijuana programs, the senator said, “we believe the risk of federal intervention is little to none.”
“This confirmation from CMS been quite a breakthrough and we are optimistic it will alleviate the Governorâs concerns,” the letter continues. “However, I want to underscore that, prior to receiving this response, even the Governor of California was under the impression that CMS rules prohibited hospitals and healthcare facilities from allowing medical cannabis use.”
“Undoubtedly other states are struggling with this issue, too,” it says. “As more states decriminalize cannabis and even create recreational markets, we must not forget to also update the books for the most important consumers of allâpatients.”
“While ideally the federal government will remove cannabis from its Schedule I designation, I appreciate that this is a lengthy and complex process. In the interim, it would be extremely helpful if you could provide clarification that assures Medicare/Medicaid providers that they will not lose reimbursements for allowing medical cannabis use on their premises. This clarification would go a long way to help hospital staff, security, above all, patients.”
Becerra, while previously serving as California attorney general and as a member of Congress, demonstrated a track record of supporting marijuana law reform.
Meanwhile, there are efforts in both chambers of Congress to end federal marijuana prohibition.
Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) are currently soliciting feedback on draft legalization legislation they introduced this month.
Meanwhile, a separate House bill to federally legalize marijuana and promote social equity in the industry was reintroduced in May.
The legislation, sponsored by Judiciary Committee Chairman Jerrold Nadler (D-NY), was filed with a number of changes compared to the version that was approved by the chamber last year.
Read the letter from the California senator to Becerra below:Â
Marijuana hospital letter t… by Marijuana Moment
Rhode Island House Speaker Says ‘No Consensus’ On Marijuana Legalization, But It’s ‘Workable’
Photo courtesy of Mike Latimer.
Politics
Rhode Island House Speaker Says ‘No Consensus’ On Marijuana Legalization, But It’s ‘Workable’
A top Rhode Island lawmaker says that while there’s not yet a consensus among legislators and the governor on a bill to legalize marijuana, it’s still a “workable” issue and would be prioritized if a special session is convened this fall.
House Speaker Joe Shekarchi (D) told The Public’s Radio that it’s “possible” that a special session will be held later in the year after lawmakers failed to reach a deal on competing reform proposals.
“It really depends if we can come to some kind of resolution of consensus on a couple of major bills,” he said, referring to cannabis and a handful of other issues. “If we can, we certainly would come back.” But if not, members will continue to discuss the proposals and prepare to take them up at the start of the next session in January.
“Unfairly, sometimes I have or the House gets blamed for stopping the legalization of recreational use of marijuana, when in reality there is no consensus,” he said. “If we can come to some closeness, in the several different proposals, then we’ll move some kind of legislation. But if not, it just needs more workâand it’s very workable, so it’s very much something that can happen, we just have to put the effort in and make it happen.”
Listen to the speaker discuss the marijuana legalization plan, about 1:00 into the audio below:Â
Shekarchi similarly told Marijuana Moment in an email earlier this week that he’s “not opposed to the legalization of recreational marijuana,” but “there have been very divergent proposals offered by Representative Scott Slater, the Senate, the governor and various advocacy groups.”
“As I have done with other issues, my role will be to bring the parties together and see if we can reach a consensus,” he said. “I will be working on the issue this summer and fall, and if an agreement can be reached, it is possible that one piece of legislation will be brought before the legislature for future consideration. But there is a lot of work to be done to reach consensus.â
Shekarchi and other top lawmakers have previously said they will work this summer to try to reach a compromise on the differing provisions of the competing legalization plans.
Senate President Dominick Ruggerio (D) said earlier this month that heâs not disappointed the House hasnât advanced legalization legislation yet and that âwhat we really wanted to do was send it over and have them take a look at itâ when his chamber passed a cannabis reform measure last month.
Shekarchi previously said that he feels reform is âinevitable.â
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Marijuana Moment is already tracking more than 1,200 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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A key disagreement between the House, Senate and governorâs office concerns who should have regulatory authority over marijuana. Ruggerio was pressed on the issue during the recent interview and said members of his chamber agree that âa separate commission is the way to go with respect to this.â
The House and Gov. Dan McKee (D), on the other hand, want the program to be managed by the state Department of Business Regulation (DBR). Ruggerio noted that âit was difficult to negotiate on a bill when the House bill really didnât come until late in the session.â
Asked whether he felt the legislature and governor could come to an agreement despite the differences, Senate Majority Leader Mike McCaffrey (D) said this month that âthatâs what our goal is.â
âObviously thereâs some issues that different people have relative to different categories of licenses and things like that and how weâre rolling them out,â he said. âAre we going to limit them? what type of equity are you going to give to the different people in different communities so that they can get into the business? And social equity and things of that nature.â
McCaffrey was also asked about provisions related to allowing local municipalities to opt out of allowing marijuana businesses to operate in their area. He said âonce the legislation is passed and whatever form is passed in, the communities have an opportunity to opt out.â
âThey have an opportunity to opt out if the community doesnât want to participate in it,â he said. âThatâs their decisionâhowever, they donât get the funds that would come from the sales in that community.â
The majority leader also noted that neighboring states like Connecticut and Massachusetts have enacted legalization, and that adds impetus for the legislature to pursue reform in the state. .
Shekarchi, meanwhile, said this month that he doesnât intend to let regional pressure dictate the timeline for when Rhode Island enacts a policy change. But it is the case that legalization has now gone in effect in in surrounding states like Connecticut and Massachusetts.
âIâm not in any hurry to legalize marijuana for the sake of legalizing it. I want to do it right,â he said. âIt doesnât matter to me if weâre the last state in the union to legalize it or we never legalize it, but I need to do it right.â
Social equity, licensing fees, labor agreements and home grow provisions are among the outstanding matters that need to be addressed, Shekarchi said.
These latest comment come weeks after the state Senate approved a legalization bill from McCaffrey and Health & Human Services Chairman Joshua Miller (D), which was introduced in March. The governor also came out with his own legalization proposal shortly thereafter.
A third Rhode Island legalization measure was later filed on the House side by Rep. Scott Slater (D) and several cosponsors. The House Finance Committee held a hearing on the measure last month.
The governor, for his part, told reporters that while he backs legalization it is ânot like one of my highest priorities,â adding that âweâre not in a race with Connecticut or Massachusetts on this issue.â
âI think we need to get it right,â he said, pointing to ongoing discussions with the House and Senate.
The House Finance Committee discussed the governorâs proposal to end prohibition at an earlier hearing in April.
Both the governor and the leadersâ legalization plans are notably different than the proposal that former Gov. Gina Raimondo (D) had included in her budget last year. Prior to leaving office to join the Biden administration as commerce secretary, she called for legalization through a state-run model.
McKee gave initial insights into his perspective on the reform in January, saying that âitâs time that [legalization] happensâ and that heâs âmore leaning towards an entrepreneurial strategy there to let that roll that way.â
Shekarchi, meanwhile, has said heâs âabsolutelyâ open to the idea of cannabis legalization and also leans toward privatization.
Late last year, the Senate Finance Committee began preliminary consideration of legalization in preparation for the 2021 session, with lawmakers generally accepting the reform as an inevitability. âI certainly do think weâll act on the issue, whether itâs more private or more state,â Sen. Ryan Pearson (D), who now serves as the panelâs chairman, said at the time.
Meanwhile, the governor this month signed a historic bill to allow safe consumption sites where people could use illicit drugs under medical supervision and receive resources to enter treatment. Harm reduction advocates say this would prevent overdose deaths and help de-stigmatize substance misuse. Rhode Island is the first state to allow the facilities.
The Senate Judiciary Committee also held a hearing in March on legislation that would end criminal penalties for possessing small amounts of drugs and replace them with a $100 fine.
Ohio Lawmakers Officially File Marijuana Legalization Bill In Historic First For The State
Photo courtesy of WeedPornDaily.
Ohio lawmakers on Friday formally introduced a bill to legalize marijuana possession, production and salesâthe first effort of its kind in the state legislature. This comes as activists are pursuing a separate ballot initiative that would effectively force the legislature to consider similar cannabis reforms.
Reps. Casey Weinstein (D) and Terrence Upchurch (D) filed the legislation, weeks after circulating a co-sponsorship memo to colleagues to build support for the measure.
The 180-page bill 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 also includes provisions to expunge prior convictions for possession and cultivation activities that are being made legal under the measure.
đ¨ Marijuana legalization bill: filed! Proud of this. @tupchurch216 and I put a lot of work into getting this right.
And weâll have a virtual town hall to allow all to hear more about it – and share how legalization will bring so much positive impact to Ohio.
Stay tuned⌠pic.twitter.com/vfaLLNJdap
— Rep. Casey Weinstein (@RepWeinstein) July 30, 2021
A 10 percent excise tax would be imposed on marijuana sales, with revenue first going toward the cost of implementation and then being divided among municipalities with at least one cannabis shop (15 percent), counties with at least one shop (15 percent), K-12 education (35 percent) and infrastructure (35 percent).
âItâs time to lead Ohio forward,â Weinstein said in a press release. âThis is a big step for criminal justice reform, for our veterans, for economic opportunity, and for our individual liberties.â
The state Department of Commerce would be responsible for overseeing the program and issuing cannabis business licenses.
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Marijuana Moment is already tracking more than 1,200 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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Individual municipalities could restrict the type and number of marijuana that operate in their area. The bill specifically states that the state’s existing medical marijuana program would not be impacted by the establishment of an adult-use market.
âThis bill is much needed in Ohio, and itâs time for Ohio to become a national leader in marijuana decriminalization and legalization,” Upchurch said. “This bill is more than just about legalization, itâs about economic and workforce development, itâs about decriminalization, and itâs about healthcare! The time is now, and I look forward to getting this done in a bipartisan fashion.”
Gov. Mike DeWine (R) is likely to oppose the effort given his record, but activists have effectively demonstrated through local initiatives that voters in the state broadly support enacting a cannabis policy change.
A newly formed organization called the the Coalition to Regulate Marijuana Like Alcohol (CTRMLA) is also actively collecting signatures for a statewide ballot measure that would separately force lawmakers to consider taking up legalization legislation once a certain signature gathering threshold is met.
“Iâm glad to see it! Itâs added momentum toward legalization,” Weinstein told Marijuana Moment earlier this week of the ballot effort. “And hopefully a looming ballot initiative will add some incentive for my Republican colleagues to work with me on my bill.”
Meanwhile, 22 jurisdictions have adopted local statues so far that reduce the penalty for low-level cannabis possession from a misdemeanor punishable by jail time and a fine to the âlowest penalty allowed by state law.â And activists are pursuing similar policy changes in dozens of cities this year.
Don Keeney, executive director of NORML Appalachia, told Marijuana Moment that local officials have so far certified decriminalization initiatives in five cities they were targeting this year: Laurelville, McArthur, Murray City, New Lexington and New Straitsville.
Ohio activists had hoped to place a cannabis legalization initiative on the statewide ballot last year, but that effort stalled as the COVID-19 outbreak and resulting public health restrictions made signature gathering all but impossible.
Local advocates sought relief through the court system to make it so they could collect signatures electronically for 2020 ballot initiatives, but the lawsuit was repeatedly rejectedâmost recently by the U.S. Circuit Court of Appeals for the Sixth Circuit, which ruled on Wednesday that the challenge was no longer relevant because last yearâs election has passed and the case was therefore moot.
Read the text of the Ohio marijuana legalization bill below:Â
Ohio marijuana legalization… by Marijuana Moment
Photo courtesy of Mike Latimer.
