Wednesday, April 13, 2022
Student presentation on licensing schemes for marijuana reform in Ohio
The third of this week's presentations put on by my Marijuana Law, Policy & Reform seminar students will be focused on how Ohio might approach how setting up a licensing scheme for the marijuana industry. Here is how the student describes this topic and some background readings:
Summary
In a regulated industry, licensing is the key that unlocks the door for (legal) opportunity. The ever-expanding cannabis industry is no exception. Those who hold licenses in this industry enjoy the benefit of legally-sanctioned conduct, while others assume the risks of operating in the black market.
Ohio is currently faced with the question of whether an adult-use cannabis market should be established within the state. As a part of answering this question, policymakers need to consider how to set up a licensing scheme for any potential industry. There are several different considerations that need to be made in approaching such a scheme. First, there is the issue of responding to different operators within the market and establishing different licenses for these various operators. Next, there is the debate over whether to establish a limited license market, and how to respond to concerns over monopolization and social equity. Lastly, policymakers must decide what qualifications will be necessary in order to obtain a license, and which actors will be excluded from such a privilege.
An Act to Control and Regulate Adult-Use Cannabis is a ballot initiative which seeks to introduce an adult-use market in Ohio, and it proposes a detailed framework for licensing this market. This project analyzes the licensing scheme that would be established in the state, should this initiative eventually be signed into law, and evaluates how this proposed scheme responds to the policy concerns that are inherent in licensing.
Background
Full Text of Ohio 2020 Marijuana Reform Ballot Initiative
Local press article on law enforcement seizure of assets from black-market cannabis operations
Primer on “plant-touching” cannabis businesses
Cato Institute blog post on corruption associated with limited licensing
New Jersey Policy Perspective blog post on social equity issues associate with limited licensing
https://lawprofessors.typepad.com/marijuana_law/2022/04/student-presentation-on-licensing-schemes-for-marijuana-reform-in-ohio.html