The End Ohio Cannabis Prohibition Act proposed Amendment

The End Ohio Cannabis Prohibition Act

Section 1. Acts Not Authorized

(A) This Amendment shall not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for:

(1) Providing cannabis products for personal use to a minor.
(2) Possessing cannabis products for personal use or engaging in the personal use of cannabis products in a school bus or in any correctional facility,
(3) Smoking cannabis products for personal use while on any form of public transportation or in any public place that prohibits it,
(4) Operating, navigating, or controlling any motor vehicle, aircraft, or motorboat while under the influence of cannabis products for personal use.

(B) This Amendment prohibits any branch of government or entity with governing powers at any level within the State from creating or enforcing any laws, taxes, fees, ordinances, special zoning requirements, or other restrictions against commercial cannabis farmers, manufacturers, processors, and distributors that are more restrictive than those found in this Amendment, and from otherwise assuming powers related to the personal use of cannabis products not expressly granted by this Amendment.

(C) This Amendment prohibits testing for cannabis metabolites as a requirement for employment, insurance, and any licenses, and from being considered in determining other impairment or intoxication. No person shall be considered under the influence of cannabis products for personal use solely because of the presence of metabolites or components of cannabis in his or her body, and must display impaired behavior as a result of the personal use of cannabis products to be considered under the influence of cannabis.

(D) This Amendment prohibits any permit, license, or tax being required for the non-commercial production and non-commercial retail of cannabis, except that if the distribution of cannabis and cannabis products results in:

(1) Four hundred US dollars ($400.00) of income or more in a given tax year, then the income must be reported as taxable income on all applicable tax filings.
(2) Income equal to or greater than the standard federal tax deduction for single taxpayers in a given tax year, then the non-commercial producer or retailer must file for their commercial production or retail licenses, as applicable per this Amendment, for the following year.  Commercial production may continue on the property provided that, if it is zoned as a residential parcel, the non-commercial limits of Section 7 (C) of this Amendment shall still be applicable.

Section 2. Acts Not Required

(A) Nothing in this Amendment shall require

(1) Any person or business in lawful possession of property to allow a guest, client, customer, visitor, or employee to cultivate cannabis or engage in the personal use of cannabis products on that property,
(2) An employer to allow an employee to work while under the influence of or administer cannabis products for personal use at the workplace.

Section 3. Rights

(A) Any licensed commercial production company, licensed commercial retail company, University, vocational school, or any individual, pursuant to all other provisions of this Amendment, shall have the right (1) to research cannabis and any cannabis product for any of its industrial, environmental, medical, or other applications, and (2) to educate the public in regards to their findings, or findings from credible studies done elsewhere.  The topics of research and education may include, but are not limited to:

(1) How to cultivate cannabis plants free of mold, pesticides, or other substances that may be harmful,
(2) Maintaining legal compliance with this Amendment,
(3) Best practices for safety and security when producing and using cannabis products,
(4) Any medical harms or benefits from cannabis products,
(5) Any harms or benefits of commercial production on the environment,
(6) Any industrial applications for building materials, composites, biodiesel fuel, or any other uses.

(B) Any commercial or non-commercial production of cannabis products for personal use pursuant to this Amendment may include providing, receiving, buying, selling, and possessing cannabis products for personal use and cannabis paraphernalia.

(C) Any person who is at least eighteen (18) years of age may produce, cultivate, possess, transport, distribute, consume, or otherwise engage in the use of cannabis products for personal use and cannabis paraphernalia.

(D) Any person, company, or organization may provide cannabis products for personal use and cannabis paraphernalia to any person who is at least eighteen (18) years of age.

(E) The manufacture, marketing, distribution, or sales between adults eighteen (18) years of age or older of equipment or accessories designed to assist in the planting, cultivation, harvesting, curing, processing, packaging, storage, analysis, consumption, or transportation of cannabis products for personal use shall not be prohibited.

(F) There shall be no age restrictions for any cannabis, cannabis products, or cannabis paraphernalia or equipment that is not intended for personal use.

(G) Medical necessity for cannabis, cannabis products, cannabis products for personal use, and cannabis paraphernalia may be used as an affirmative defense in the State of Ohio for persons of any age.  If the defendant is a minor under eighteen (18) years of age whom has not been emancipated, he or she must provide proof of their parent or legal guardian’s consent to use cannabis, cannabis products, cannabis products for personal use, and cannabis paraphernalia, in addition to any evidence offered to prove the medical necessity claim.

Section 4. Licenses, Taxes, and Regulations

(A) The legislature is authorized upon thorough investigation, to enact legislation using reasonable standards to:

(1) Delegate licensing and oversight authority for commercial production on parcels of land that are zoned for agricultural use to the Ohio Department of Agriculture to license the commercial production and distribution of cannabis, cannabis products for personal use, and other cannabis products similar to any other plant industry in the State, including but not limited to: Grain Commodity Producer, Handler, or Tester, Nursery Dealer or Inspection, Feed, and Seed licenses, as may be appropriate, except that:

(a) If the license application is for the distribution of cannabis products for personal use, an additional commercial license may be required as a concessionary establishment per subsection (A)(2) of this section,
(b) Licensing fees must not be in excess of this Section,
(c) If insurance companies will not offer coverage for industries related to cannabis at comparable rates to those charged for any other grain producer or wholesaler, then that requirement shall be prohibited for the purposes of obtaining, renewing, or otherwise instating the license.
(d) If the cultivation of cannabis is for the purpose of replenishing fallow land and the cannabis will not be harvested, then licenses, fees, ordinances, and any other regulations are prohibited.

(2) Delegate licensing and oversight authority for commercial production on parcels of land that are zoned for commercial or residential use to the Ohio Department of Commerce to license the commercial production and concessionary establishments to distribute cannabis products for personal use similar to any other commercial producer, retailer, or wholesaler in the State, except that:

(a) Licensing fees must not be in excess of this Section,
(b) If insurance companies will not offer coverage for industries related to cannabis products for personal use at comparable rates to those charged for any other commercial producer, retailer, or wholesaler, then that requirement shall be prohibited for the purposes of obtaining, renewing, or otherwise instating the license.

(3) License sufficient cultivation sites and concessionary establishments to provide an adequate supply and commercial access to persons of legal age, so as to discourage and prevent the misuse of, and illicit traffic in such products.

(4) Require a license or permit fee payable to the State for commercial production, except that the fees:

(a) Shall not exceed one thousand two hundred and fifty US dollars ($1,250.00) in combined total for each commercial cultivation site or concessionary establishment,
(b) Must be refunded within thirty (30) days if the license or permit is rejected or denied for any reason,
(c) Shall be required no more frequently than an annual basis.

(5) Place a sales tax on the commercial sale of cannabis and cannabis products for the State at the prevailing sales tax rate.

(6) Determine an acceptable and uniform standard of determining impairment based on performance testing, to restrict persons impaired by cannabis products for personal use from operating, navigating, or controlling any motor vehicle, aircraft, or motorboat, or otherwise engaging in conduct that may affect public safety while under the influence of cannabis products for personal use.

(7) Regulate the personal use of cannabis products in enclosed and/or restricted public places, in any correctional facility, or on any form of public transportation, except that any property or business owner shall have the sole discretion as to whether or not cannabis products for personal use may be cultivated or consumed on their property.

Section 5. Local Zoning Ordinances

(A) A city, village, township, or any other municipality of this State, or, in the case of an unincorporated area, the county or other entity with power over that area’s zoning laws, may enact zoning ordinances which limit the number of commercial cultivation sites and concessionary establishments for cannabis products for personal use within its jurisdiction, except that:

(1) No ordinance may completely prohibit such businesses without a majority vote by the people of the municipality,
(2) Any such ordinance already enacted is hereby nullified and must be reaffirmed by a majority vote of the people in order to remain in force,
(3) No one shall be obstructed by any ordinance from delivering cannabis, cannabis products, cannabis products for personal use, or cannabis paraphernalia to anyone else,
(4) If only one concessionary establishment is to be allowed, no ordinance may relegate it to an area within the municipality with the highest crime rate,
(5) Such an ordinance must be made pursuant to this Amendment.

Section 6. Protections

(A) A person, individual, or corporate entity, while acting in accordance with the provisions pursuant to this Amendment, including but not limited to a person who uses cannabis products for personal use or owns or works at a commercial cultivation site or concessionary establishment, shall be presumed to be engaging in activities made legal by this Amendment, and shall not be subject to disciplinary action, search, seizure of property, arrest, prosecution, any criminal or civil penalties, nor be denied any right or privilege including but not limited to employment, child custody, healthcare, public assistance, organ transplant, purchase and possession of firearms and ammunition, and access to any banking or financial services by any person, organization, or entity for producing, cultivating, possessing, transporting, distributing, consuming, or otherwise engaging in or using cannabis, cannabis products, cannabis products for personal use, or cannabis paraphernalia.

(B) No owner of property may be penalized or denied any benefit by any entity or person, including those listed in subsection (A) of this section, for leasing or renting property for commercial or non-commercial production of cannabis, or for allowing the consumption of cannabis products for personal use on their property, pursuant to this Amendment. They may assess additional rules, restrictions, and fees regarding these activities on their property.

Section 7. Limitations

(A) There may be no limits or restrictions placed on the potency of cannabis products for personal use by any governing body in the State. A rating system of potency may be established, if necessary, but may only be used as a source of reference and for advertising.

(B) The commercial production of cannabis shall have no limits on the number of cannabis plants to be cultivated or the amount of cannabis products that may be possessed under the commercial license at any given time.

(C) The non-commercial production of cannabis shall be limited to cultivation of no more than twenty four (24) cannabis plants per person, for up to four (4) persons per household.  If any of the four (4) persons do not live on the premises, yet are having their cannabis grown there, then they may not grow cannabis non-commercially at any other locations.

(D) The non-commercial production of cannabis shall not include any limits on the amount of cannabis products that may be possessed, whether on site or not, so as to allow persons to transport cannabis products freely and safely to customers and retailers.

Section 8. Requirements

(A) Any commercial or non-commercial cannabis cultivator of cannabis for personal use is to take any necessary means to secure their cultivation site, either by fencing in the area with a locked gate or growing indoors in a lockable building or room, so as to prevent any unlawful entry into the cultivation site or area, and the cannabis plants are to remain secured unless they are:

(1) Being transported because the person or entity possessing the cannabis plants is moving or is providing them to someone else,
(2) In the process of being transferred from one person or entity to another person or entity,
(3) Being displayed at a commercial concessionary establishment or an educational location for educational purposes.

(B) Any person or entity dispensing cannabis products for personal use or cannabis paraphernalia must verify that the purchaser is at least eighteen (18) years of age via a valid photo ID issued by this or any other State or US Territory.

Section 9. Legislature Duties and Powers

(A) Within ninety (90) days of the effective date of this Amendment, the legislature shall establish procedures necessary to license the commercial production and commercial retail of cannabis and cannabis products in accordance with other provisions of this act.

(B) Within one hundred and twenty (120) days of the effective date of this Amendment, if the legislature, either delegated through the Ohio Department of Agriculture, the Ohio Department of Commerce, or any other governing authority, has not established the requirements of subsection (A) of this Section, fails to govern the manner in which it shall accept new and renewal applications for licenses, or fails to respond to such an application within thirty (30) days of receipt if applications are being accepted, then any license or permit that would have been afforded to the State shall not be required and a zoning permit shall be deemed a license for the commercial production or commercial retail, or both if both licenses are not available by the specified time.

(C) Should such licensing be enacted at a later date, licensing fees and requirements are hereby prohibited from being assessed prior to the date of such an enactment.

Section 10. Authority

Pursuant to the Ninth and Tenth Amendments to the Constitution of the United States and the Sovereignty of the State of Ohio, the People of Ohio hereby repudiate and challenge Federal cannabis prohibitions that conflict with this Amendment.  State and local law enforcement personnel are hereby prohibited from assisting any federal agency or its officers in raiding or arresting persons for activities that are hereby made legal by this Amendment.

Section 11. Amnesty and Expungement

(A) Enactment of this Amendment shall include amnesty, immediate release from prison, jail, parole, and probation, and clearing, expungement, and deletion of all criminal records for cannabis charges and convictions which are hereby no longer illegal in the State of Ohio. People to whom cannabis consumption was a probation or parole violation that triggered an original sentence are included within this provision, regardless of the nature of the original sentence.

(B) Within sixty (60) days of the passage of this Amendment, the Attorney General shall develop and distribute a one page application, providing for the destruction of all cannabis criminal records in Ohio for any such offense covered by this Amendment. Such forms shall be distributed to district and city attorneys and made available at all sheriff and police departments and jails and prisons within the State to persons hereby affected. Upon filing such form with any Superior Court and a payment of a fee of no more than ten US dollars ($10.00), the Court shall liberally construe these provisions to benefit the defendant in furtherance of the amnesty and dismissal provision of this section. Upon the Court’s ruling under this provision, the arrest record shall be set aside and be destroyed. Such persons may then truthfully state that they have never been convicted of any cannabis related offense which is hereby no longer illegal in the State of Ohio.

Section 12. Severability

If any section or subsection of this Amendment, or, the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of any section or subsection within the Amendment that can be given effect without the invalid section or subsection, and to this end the provisions of this Amendment are severable.

Section 13. Definitions

(A) For the purposes of this Amendment, the following definitions shall be applied:

(1) The term “Cannabis” means any plant of the Genus Cannabis, cannabis sativa L, cannabis Americana, cannabis chinensis, cannabis indica, cannabis ruderalis, cannabis sativa, or any other Species of Cannabis.
(2) The term “Cannabis Paraphernalia” means any device created and used solely to aid in the personal use of cannabis products, such as pipes or bowls, rolling papers, vaporizers, extraction devices and any other delivery system.
(3) The term “Cannabis Products” means all products made from cannabis, including, but not limited to: clothing, building materials, paper, fiber, biodiesel fuel, automobile parts, lubricants, plastics, paint, seed for cultivation, animal feed, oil, food, seed, seed protein, seed oil, seed cake, dietary fiber, hemp, marihuana, marijuana, including     any derivative, concentrate, extract, flower, leaf, particle, preparation, elixir, tincture, resin, root, salt, seed, stalk, stem, or any preparation or extract thereof.
(4) The term “Commercial Production” means the licensed production of cannabis and cannabis products for sale.
(5) The term “Non-Commercial Production” means the production of cannabis and cannabis products for individual use with limited sales.
(6) The term “Personal Use” means smoking, vaporizing, eating, or otherwise ingesting cannabis products that have a euphoric or intoxicating effect for any relaxational, meditative, religious, spiritual, recreational, or other purpose.
(7) The term “Public place” means a location or property that is not owned or possessed by a private company or individual, and is open to the general public, such as a community park, sidewalk, street, or publicly owned land.
(8) The term “Pursuant to this Amendment” means complying with the limitations and requirements set forth in this Amendment, refraining from committing acts not authorized by this Amendment, and abiding by local zoning ordinances established in accordance with this Amendment.

Section 14. Date of Effect

This Amendment shall take effect immediately following its approval by the electors of Ohio.

 

 

6 Responses to The End Ohio Cannabis Prohibition Act proposed Amendment

  1. Justin says:

    It is Beautiful. The only question I have is about Section 3 part F. The wording in this is somewhat confusing to me. So anyone under 18 can carry around any marijuana related item as long as they don’t intend to use it personally??? Did I read this incorrectly or am I simply not understanding it? I now see that it says “for personal use” but shouldn’t it be more specific and say “ingestion/consumption with intent of intoxicating effects”…. It is obvious that clothing and other utilitarian/industrial items cannot get anyone high, but I think the language of Section 3 part F needs revised so that no further misunderstanding of this nature can occur. Thanks, Justin

    • Don says:

      Your answer is found in the definition of “personal use” in Section 13 (6) as meaning: “smoking, vaporizing, eating, or otherwise ingesting cannabis products that have a euphoric or intoxicating effect for any relaxational, meditative, religious, spiritual, recreational, or other purpose.”

  2. Rob Hopkins says:

    Why limit the number of plants for personal use? Would you think limiting the number of tomato plants or carrots a person could grow would be a good idea?

    • Don says:

      We had the limit at 99 plants and were not taken seriously; we were told by many that it was too ambitious. We lowered it to 24 to get the necessary support, and that would still be the most liberal in the country. Why have ALL of the legal states put limits on the number of cannabis plants that may be grown? Because the DEA won’t raid your house and shoot your dog for tomatoes and carrots. We want to succeed, and trust me when I say, if 99 was too much for people to get on board (NORML, MPP, DPA, ASA, SSDP, etc.), then having NO limits puts you on an island of certain defeat.

  3. Ashley says:

    I am a nurse who has always been a big supporter of the medical and personal use of cannabis. I took the time to read this entire amendment and may I just say it looks beautiful. So beautiful that this 24 year old will be registering to vote just so I can vote yes on this. Thank you so much Ohio for finally getting on board. Please vote yes!!!

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