Marijuana Law, Policy & Reform

DEPC releases "Ohio Medical Marijuana Control Program at Six Years: Evaluating Satisfaction and Perception"

I am happy to highlight the release of this amazing report, titled "Ohio Medical Marijuana Control Program at Six Years: Evaluating Satisfaction and Perception," authored by my colleague Jana Hrdinova of the Drug Enforcement and Policy Center (DEPC) at The Ohio State University Moritz College of Law.  This latest insallment of DEPC's annual reporting on Ohio's medical marijuana program is showcased on this DEPC webpage which provides this overview:

Since the inception of the Ohio Medical Marijuana Control Program (OMMCP) in 2019, the Drug Enforcement and Policy Center (DEPC) has surveyed medical marijuana patients and potential patients to evaluate their experiences and satisfaction.  These surveys aim to fill in a critical gap in our understanding of the medical marijuana program in Ohio and to find out how the people being served by OMMCP evaluate its performance.

In November 2023, Ohio voters approved a ballot initiative to join 23 other states in legalizing cannabis for recreational use.  The initiative went into effect on December 7, 2023, legalizing possession of marijuana for personal use of up to 2.5 oz and allowing for home cultivation.  Following a licensing process, official recreational sales in Ohio dispensaries started on August 6, 2024, leaving the medical marijuana program largely unaffected in fiscal year 2024 [which ended in June 2024].  This sixth annual report thus provides a unique snapshot of a medical marijuana program on the brink of recreational sales and provides insights into patients’ opinions about the medical program and its future.

Here are just a few of many notable key findings from the report:

1. Increased patient satisfaction: Our survey recorded a considerable increase of patients reporting being extremely satisfied with the Ohio medical marijuana program, increasing by 12 percentage points from 19% in 2023 to 31% in 2024. A total of 74% of respondents reported that they were either extremely or somewhat satisfied with OMMCP, and only 20% reported being either somewhat or extremely dissatisfied....

2. Falling participation for both patients and physicians: Despite high levels of patient satisfaction, this year was the first year that OMMCP recorded a decline in the number of active patients (patients with active recommendation and registration), decreasing by 10% from its peak in October 2023 (184,958) to 165,746 in June 2024....

3. Flat sales receipts and tax revenue despite increases in sales: In a year-to-year comparison, Ohio medical marijuana market continued to experience a robust growth in the number and weight of product sold. In FY24, sales of plant product increased by 30% compared to the previous fiscal year, going from 71,506 pounds sold in FY23 to 92,979 pounds sold in FY24. Sales of manufactured products also recorded solid growth of 20%, going from 6,794,542 units sold in FY23 to 8,182,377 units sold in FY24.... Despite the robust growth in total sales, sales receipts remained largely flat due to declining prices, increasing only by 2% from $478,067,435 in FY23 to $487,589,380 in FY24....

Former Prez Trump suggests he is supportive of marijuana legalization in Florida and elsewhere

As reported in this New York Times article, "Donald J. Trump on Saturday signaled his support for a ballot measure that would legalize recreational marijuana in Florida, stopping short of a full endorsement but saying that he did not believe marijuana should be criminalized in his adopted home state when it is legal in others."  Here is more (with links from the original):

In a post on his social media platform, Truth Social, Mr. Trump portrayed the passage of the ballot measure, known as Amendment 3, as inevitable and raised concerns about its implementation. Public opinion polls show that a majority of Florida voters favor the measure.

“Whether people like it or not, this will happen through the approval of the Voters, so it should be done correctly,” Mr. Trump said. “We need the State Legislature to responsibly create laws that prohibit the use of it in public spaces, so we do not smell marijuana everywhere we go, like we do in many of the Democrat run Cities.”

Mr. Trump, who votes near his Mar-a-Lago estate in Palm Beach, had previously avoided taking a position on the question. His position pits him against Gov. Ron DeSantis and most of the state’s Republican leaders, who are working to defeat the proposal.

Mr. Trump’s statement appeared to walk a line meant to keep him from fully upsetting those opposed to the measure. He did not say how he personally would vote on Amendment 3, and he did not explicitly back the legalization of marijuana even as he again suggested he supported decriminalizing it.

Florida has been trending Republican, but polls show that Amendment 3 is more popular in the state than even Mr. Trump is — indicating that many voters intend to split their ticket and vote both for the former president and for marijuana legalization.  Polling suggests that most Americans now say marijuana should be legal for medical or recreational use.

Some new certainty and continued uncertainty in latest state and federal marijuana reform developments

After a lot of uncertainty about when adult-use sales would begin in Ohio, some timeline certainty emerged yesterday in the Buckeye State: "Ohio Cannabis Dispensaries Will Start Adult-Use Sales Aug. 6."  Here are some of the particulars:

Ohio will be the 21st state to launch adult-use cannabis sales when licensed dispensaries open their doors to those 21 and older at 10 a.m. Aug. 6.

The Ohio Division of Cannabis Control (DCC) hasn’t officially issued dual-use certificates of operation—allowing existing dispensaries to serve both medical patients and adult-use customers—to store owners just yet, but the division plans to make a formal announcement Aug. 5, a Department of Commerce spokesperson told Cannabis Business Times....

Ohio’s imminent launch represents a catalyst for the cannabis industry: Ohio will be the fourth most-populated state to commence adult-use sales after California, Illinois and New York.  Ohio is also the first to roll out an adult-use program since Maryland did so on July 1, 2023.

In addition, millions of adults 21 years and older residing in bordering Pennsylvania, Indiana, Kentucky and West Virginia—who don’t have access to adult-use cannabis in their home states—will now live within driving distance of licensed and regulated cannabis products.

Meanwhile, there is still continued uncertainty concerning the timeline for potential federal refrom in the form of rescheduling. But, as reported in this Marijuana Moment article, a collection of US Senators are urging the Drug Enforcement Administration  to "promptly finalize" the proposed rule to reschedule marijuana from Schedule I to Schedule III.  Here are the basics:

In a letter sent to Attorney General Merrick Garland and DEA Administrator Anne Milgram on Friday, Schumer and Sens. Cory Booker (D-NJ), Ron Wyden (D-OR) and others implored the administration to follow through on a proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), as the Justice Department formally proposed in May.

“The proposed rule to reclassify marijuana to schedule III recognizes the medical benefits of marijuana, will improve access for studying the health effects of short and long-term cannabis use, and will provide relief to cannabis businesses that continue to navigate a patchwork regulatory system to conduct legal business,” they said.

The full letter from the seven Senators (all Deomocrats) is available at this link.

DEPC event: "Implementing Issue 2: Ohio Dives into Adult-Use Marijuana"

I am pleased to be able to spotlight another great Drug Enforcement and Policy Center (DEPC) event focused on the implementation of marijuana reforms in the Buckeye State.  This online event,  titled "Implementing Issue 2: Ohio Dives into Adult-Use Marijuana," will take place on July 16, 2024 from 12 noon to 1:15 p.m. EDT.  The event is described this way on this event page (where one can register):

After months of rulemaking, following the template Ohio voters put into law through passage of Issue 2, the Ohio Department of Commerce has established a licensing process for the state’s first adult-use cannabis operators.  Ohio medical marijuana operators have a priority in obtaining adult-use licenses, and Ohio could have adult-use stores operating around the state as soon as this summer.  Yet many questions about industry regulations and operations remain unanswered, including what legal changes might move forward in the Ohio General Assembly, when and how Issue 2’s social equity provisions will be implemented, and the impacts of an adult-use market on the state’s medical marijuana program.  Join the Drug Enforcement and Policy Center and our panel of experts on Tuesday, July 16 as we discuss these topics and more.

Panelists:
Thomas Haren, Partner and Cannabis Practice Chair, Frantz Ward
Megan Henry, Reporter, Ohio Capital Journal
Shaleen Title, Distinguished Cannabis Policy Practitioner in Residence, Drug Enforcement and Policy Center, The Ohio State University; Founder and Director, Parabola Center for Law and Policy

Moderator:
Douglas A. Berman, Newton D. Baker-Baker & Hostetler Chair in Law, executive director, Drug Enforcement and Policy Center, Moritz College of Law, The Ohio State University

Rounding up some recent notable marijuana legal news and commentary from various quarters

I have not blogged in this space much latety as I have been consumed with activity by the US Supreme Court and other legal developments in recent weeks.  In addition, I do not usually cover much day-to-day marijuana news because all sort of outlets cover this news (and Marijuana Moment covers it especially well).  But as these streams come together, I though it useful to do a quick post highlighting some notable marijuana legal news and commentary.  So:

From the AP, "Brazil’s Supreme Court decriminalizes possession of marijuana for personal use"

From Bloomberg Law, "Federal Cannabis Law Dispute Tossed by Massachusetts Judge"

From Harris Sliwoski, "Cannabis Law and Gun Rights: News from SCOTUS"

From Marijuana Moment, "South Dakota Law Banning Intoxicating Hemp Products Takes Effect After Judge Declines To Block It"

From Marijuana Moment, "DeSantis Seems To Concede He Vetoed Hemp Ban Bill, In Part, To Engage Industry In Marijuana Legalization Opposition Campaign"

From MinnPost, "Court decision ending cannabis odor as sole reason for search codified by Minnesota lawmakers"

From the Missouri Independent, "Missouri courts still slogging through marijuana crime expungements, long after deadline"

From MJBiz Daily, "How will Supreme Court ruling affect marijuana rescheduling?"

"Local Moratoriums for Ohio Adult Use Marijuana Operators"

The title of this post is the heading for this terrific new resource page just posted along with other Policy and Data Analyses at the website of The Ohio State University's Drug Enforcement and Policy Center (which I help direct).  Here is how the resource is introduced:

In November 2023, 57% of Ohio voters voted for Issue 2, a ballot initiative which legalized adult recreational marijuana use and tasked the Ohio Departments of Commerce and Development with implementing a legal recreational cannabis industry in the state.  As of December 7, 2023, individuals 21 years and older can legally consume and possess marijuana throughout Ohio, although recreational dispensaries are not expected to open until the summer or early fall of 2024.  Like most other states that have legalized cannabis for recreational use, Ohio allows local jurisdictions to enact ordinances to prohibit or limit the operation of adult-use cannabis businesses within their boundaries.  This page presents information on 47 local moratoriums that have been enacted by Ohio jurisdictions as of March 31, 2024.

Student presentation examines marijuana legalization and local regulations

Sadly, we are now into our final few weeks of students presentaions in my Marijuana Law, Policy & Reform seminar.  Excitingly, we still have nearly a dozen more presentations coming.  As I have explained before, students are expected to provide in this space some background on their presentation topic and links to some readings or relevant materials. The first of our presentations taking place in class next week will be looking at "Legalized Marijuana and Local Regulation." Here is how my student has described his topic along with background readings he has provided for classmates (and the rest of us):

The growing trend towards full legalization of recreational marijuana throughout the United States has resulted in a variety of quirks in different states’ legislative schemes. One important quirk is laws that allow municipalities to ban or heavily regulate legal marijuana in conflict with state-wide legalization.

Local control can be broadly grouped into two categories.  First, there is existing local control that applies neutrally to marijuana vendors and other businesses within a municipality as implemented through local health and zoning codes.  Second, there are proposed or implemented laws that allow localities to ban or heavily restrict the establishment and operation of marijuana vendors within municipal limits that would otherwise be permissible under state law.  While the first method of regulation should be allowed, the second method of regulation threatens to perpetuate the issues with illegal marijuana that full legalization aims to solve.  Between existing zoning rules and state-specific local bans, this issue affects most people in states with legal marijuana.

My presentation will focus on the background behind local marijuana bans, the interaction between federalism and localism, and the problems that legalization seeks to address.  I will then review the laws in states that have either allowed for local bans or are proposing local bans and the measurable effects of those laws.  Finally, I will analyze the effects of allowing bans on a local level versus blanket legalizations and develop recommendations for policymakers.

Suggested Sources:

Article: Cannabis Legalization In State Legislatures: Public Health Opportunity And Risk, 103 Marq. L. Rev. 1313 (2020)

Article: Cannabis Capitalism, 69 Buffalo L. Rev. 215 (2021)

Resource Page:  Investopedia, Marijuana Laws by State (2024).

Article: American Edibles: How Cannabis Regulatory Policy Rehashes Prohibitionist Fears and What to Do About It, 44 Seattle U. L. Rev. 915 (2021)  

Resource Page: Curate, Local Government Impact on Cannabis Industry (2024)

Student presentation exploring Delta-8 THC products

As noted in this prior post, there is an on-going debate in Ohio (as well as in many other jurisdictions) about so-called Delta-8 or "intoxicating hemp" products.  Helpfully, the last planned presentation for this week in my Marijuana Law seminar is going to cover issues surrounding Delta-8, and here are some resources that she provided for some background:

Background information about Delta-8:

Leas, EC. The Hemp Loophole: A Need to Clarify the Legality of Delta-8-THC and Other Hemp-Derived Tetrahydrocannabinol Compounds. Am J Public Health. 2021 Nov;111(11):1927-1931.

FDA and DEA Regulation:

FDA advises against use: 5 Things to Know about Delt-8 Tetrahydrocannabinol – Delta-8 THC. Food and Drug Administration. May 5, 2022.

Coverage of warning letters sent to Delta-8 brands by FDA.

Good summary of case interpreting "hemp" to include Delta-8 products under Farm Bill 

Good summary of possible DEA Interpretation

Coverage of the push from the states for federal regulation

Report on study regarding Delat-8 use and state regulation

Student presentation examines the cannabis appellation program in California

Following a well-derserved Spring Break, students in my Marijuana Law, Policy & Reform seminar get back to "taking over" my class through presentations on the research topics of their choice.  As I have explained before, students are expected to provide in this space some background on their topic and links to some readings or relevant materials.  The first of our presentations taking place in class next week will be looking at the cannabis appellation program in California. Here is how my student has described his topic along with background readings he has provided for classmates (and the rest of us):

Barrowing a powerful tool from California’s native wine-industry, marijuana-renowned regions in the Golden State will soon be able to cash in on their reputations as high-quality cannabis cultivators.  A state program will permit the creation and enforcement of unique appellations of origin for cannabis products.  According to the California Department of Food and Agriculture, an appellation of origin is a protected designation that identifies the geographical origin of a product and typically includes production requirements.  As the rules take effect, the various terroirs of Humbolt County may become as widely recognized for marijuana as the subregions of the Napa Valley have become known for wine.  North Mendocino Coast Cannabis may eventually pack the promotional punch of Bordeaux, Gruyere Cheese, and Prosciutto di Parma.

My research will examine how an appellation program works as well as the general benefits and costs of one to producers, consumers, and other stakeholders.  While California is the first state to launch a Cannabis Appellation Program, this paper will discuss whether the legal tool of appellation would benefit other states given the current political, legal, and economic forces at play across the country.  California’s unique status as a first mover in the space, its legislative and regulatory knowledge of wine appellation programs, and the likely high value of its appellations compared to other states will be considered.  In the legal context, the impact of increased state legalization and federal rescheduling will be explored.  While potential federal rescheduling of marijuana may not immediately lead to interstate commerce, the federal government’s softer stance on the substance along with an increase in states legalizing recreational marijuana, may lead to a rise in legal products illicitly transported across state borders.  As more products from places like California and Colorado find their way across the country, producers in those states may desire to prevent the misrepresentation of a cannabis good’s origin to protect the brands of cultivators at home.  This paper will explore these dynamics and others to establish whether an appellation program makes sense outside of California.

Additional reading:

Mabi Vásquez, 3 Benefits And 3 Disadvantages Of The Designations Of Origin, Agavache (2021)

Cannabis Appellations Program (CAP), California Department of Food and Agriculture

Cannabis Appellations Program Proposed Text of Regulations, California Department of Food and Agriculture (2024)

Designation of Origin Regulations Comment Letter, Origins Council (2022)

Marcus Crowder, New appellations would celebrate individual terroir of cannabis strains, San Francisco Chronicle, Sept 22, 2020

A pitch for how the Buckeye State should plan to use marijuana green

When Ohio voters approved full legalization of marijuana in November 2023 through passage of Issue 2, the initiative included a specific tax rate and a defined allocation for marijuana tax revenues.  Perhaps unsurprisingly, as members of the Ohio General Assembly have discussed further marijuana reforms, both the tax rates and allocation of revenues have been a subject of debate. Bailey Williams of Policy Matters Ohio has authored this helpful new blogpost on this topic titled "Cannabis tax revenue can help communities. Legislators have other ideas." I recommend the full piece, and here is an excerpt:

Over two million Ohioans voted to legalize marijuana sales and use tax revenue from those sales to benefit communities where dispensaries are located (called “host communities”), fund substance-abuse research, and create restorative justice programs to remediate some of the harm done by the war on drugs.  Changes by the legislature should focus on regulating the market to ensure product safety or improving the collection and use of tax revenue to redress racial disparities created by the discriminatory enforcement of recreational marijuana prohibition.  Any other changes to the statute risk subverting the will of the voters.

Ohio lawmakers have floated two such changes, both of which should be rejected: Tax revenues from legal marijuana sales should not be used to fund broad rate cuts to the state income tax, nor should they be earmarked for policing.  Either change would divert funding that should be used to help those harmed by the failed war on drugs, and clear the criminal records of Ohioans being punished for actions that are no longer crimes....

The Ohio Senate has already passed changes to state marijuana laws. These changes include raising the tax levied in addition to the state sales tax on legal sales from 10% to 15%; diverting hundreds of millions of dollars away from restorative justice programs and communities that host dispensaries and into policing and jails; tighter restrictions on home growth of marijuana; and piecemeal funding for expungement efforts for marijuana-related offenses that are no longer illegal.

The Ohio House has not yet proposed its version of the changes, but representatives have expressed some priorities.  At least one has proposed using a portion of the tax revenue raised from marijuana sales to finance broad income tax rate cuts.  This policy choice should be rejected now and in the future.  Broad cuts to income tax rates typically result in the wealthiest taxpayers receiving most of the value of the cut....

Similarly ill-conceived is the idea — recommended by members of both chambers and included in the Senate bill — of earmarking marijuana tax revenue specifically for policing.  The Senate would divert over $200 million a year in tax revenue from marijuana sales into investigative unit and drug task force operations, police officer training, and the construction of new jails.  This ignores the fact that Issue 2 already takes into consideration any increase in policing needs that may arise from the end of recreational marijuana prohibition.  Localities that host marijuana dispensaries will receive tax revenue from that business; this revenue can be spent on policing if need be. It also could be used on other public goods, such as parks and public transit.  Communities should be able to decide for themselves how that funding is used....

Clearing criminal records for what is now legal marijuana possession is an important step toward restorative justice.  Issue 2 required and funded research on expungement and record sealing but did nothing to simplify the often cumbersome process.  Ohioans seeking to expunge or seal their marijuana convictions face a waiting period and possible prosecutorial objections, and may be required to pay expensive legal fees and court costs.  They must also prove they are rehabilitated before they can have their records officially expunged.  These Ohioans are often subject to collateral sanctions, which limit an individual’s earning potential and increase the likelihood of recidivism....

When Ohioans overwhelmingly passed Issue 2, we sent a clear message to our representatives in Columbus: Legalize the sale of recreational cannabis, and use the revenue it generates to help the people and communities harmed by the failed war on drugs.  Some representatives appear poised to disregard those explicit instructions — as they have done with increasing frequency.  There are better options available; our representatives should listen to the voters.

"Mapping Cannabis Social Equity: Understanding How Ohio Compares to Other States' Post-Legalization Policies to Redress Past Harms"

The title of this post is the title of this terrific new report now available via SSRN and authored by Jana Hrdinova and Dexter Ridgway with the Drug Enforcement and Policy Center. This report was inspired by an on-going polict debate in Ohio after voters in the state approved in Fall 2023 a statutory ballot initiative to legalize recreational marijuana. This report should be of interest to folks outside as well as inside of Ohio because it provides a national landscape on varying social equity issues in marijuana legalization states. Here is the report's abstract:

On November 7, 2023, Ohio became the 24th state in the nation to legalize marijuana for adult recreational use. Following the lead of other states, the Ohio ballot initiative included social equity provisions designed to address past harm of marijuana criminalization by investing in disproportionately impacted communities and encouraging participation of such groups in the new legal cannabis industry. The purpose of this report is to highlight the varying strategies other states have deployed to fulfill social equity goals and to look at how Ohio’s new laws compare to others. In this report, we look at three social equity policy areas in greater detail, starting with criminal justice reform, followed by community reinvestment, and industry participation. Additionally, we also provide detailed information on the criteria states have used to determine individual and community eligibility for participating in their social equity programs. We conclude the report with recommendations for greater data collection and analyses concerning the impact of social equity efforts and a more robust assessment of best practices for social equity programs.

DEPC event: "Implementing Issue 2: Criminal Justice Reform After Marijuana Legalization"

The title of this post is provides the title of this online event being hosted by the Drug Enforcement and Policy Center (DEPC)  next week.  Here is how this panel discussion, which I am honored to moderate and takes place on January 31, 2024 from 12 noon to 1:15 p.m. ET, is described on this page (where you can register):

Criminal justice reform has been a component of marijuana reform in most states, and Ohio’s newly enacted Issue 2 includes a directive and resources for efforts to “study and fund judicial and criminal justice reform including bail, parole, sentencing reform, expungement and sealing of records, legal aid, and community policing related to marijuana.” In the wake of Issue 2’s passage, criminal justice reform advocates are renewing calls to address harms caused by the past criminalization of a substance that is no longer illegal. The nature and scope of past harms are not always clearly defined nor easily remedied, though efforts to eliminate direct or collateral consequences from past cannabis offenses are often a focal point for action.

Please join the Drug Enforcement and Policy Center and our panel of experts as they discuss how Ohio should approach criminal justice reform after marijuana legalization, what Ohio can learn from other states’ experiences, and the unique political and practical challenges Ohio may face.

Panelists:
Ohio Representative Juanita Brent, District 22
Adrian Rocha, Policy Manager, Last Prisoner Project 
Daniel Dew, Policy Director, The Adams Project
Louis Tobin, Executive Director, Ohio Prosecuting Attorneys Association

Rounding up some recent reporting about Ohio cannabis realities (thanks in part to Ohio Gov DeWine)

As flagged in this prior post, Ohio Governor Mike DeWine last week leaned heavily into advocacy for greater regulation of Delta 8 and other so-called "intoxicating help" products.  From various reporting, it has been unclear whether Gov DeWine wants a complete ban on these products or just regulations to reduce youth access.  More broadly, it has been challenging to sort through how Gov DeWine and other Ohio leaders want to regulate in the entire cannabis field ever since Ohio voters overwhelming passed Issue 2, a full legalization ballot initiaitive, in Nov 2023. 

In part because I am expecting students in my marijuana seminar to sort through some of these Ohio issues for their mid-term assignment, I thought it might be useful to round up here some recent reporting on these topics.  (I am inclined to joke that the Buckeye State is proving to be a tough nut to crack when t comes to cannabis laws.)

From Bloomberg Tax, "Ohio’s Adult-Use Cannabis Bill Still Needs to Work Out Kinks"

From Cleveland.com, "Ohio bill would move hemp products from gas stations and grocery stores to marijuana dispensaries"

From Dayton Daily News, "From ‘mom room’ to dispensary, here’s how pot is legally grown in Ohio"

From Ideastream Public Media, "Marijuna 101: Ohio medical dispensaries prepare for new customers, rules after Issue 2 passage"

From Marijuana Moment, "Ohio Marijuana Law Has Created A ‘Goofy Situation,’ Governor Says, With Legal Possession But No Place To Buy It"

From the Ohio Capital Journal, "Ohio House leaves marijuana users in limbo with weed policy"

From the Ohio Capital Journal, "What is delta-8 and why does Ohio Gov. DeWine want to ban it?"

From the Statehouse News Bureau, "Ohio retailer says delta-8 THC crackdown would 'tear' at business"

From WTOL11, "Interest in marijuana cultivation at home is growing, local business owner says"

Now for some marijuana year-in-preview pieces

In this post last week, I rounded up a number of press pieces provided a review of big marijuana reform developments in 2023.  It seems only fitting to follow up a number of 2024 preview pieces.  So here goes:

From Cannabis Business Times, "5 Cannabis Policy Reform Efforts to Watch in 2024"

From Forbes, "2024 Cannabis And Psychedelics Predictions"

From the Green Market Report, "Cannabis Industry Executives Share Predictions for 2024"

From Leafly, "30 weed predictions very likely to come true in 2024"

From MJBizDaily, "Rescheduling marijuana and the next states to legalize: 7 predictions for 2024"

From Marijuana Moment, "More States Set To Legalize Marijuana And Psychedelics In 2024 As Federal Cannabis Scheduling Review Concludes"

A number of notable new marijuana reform milestones right after Election Day 2023

From Axios, "Marijuana legal for more than half of Americans after election win"

More than half of Americans reside in states where marijuana will be legal after Ohio voters approved a measure to allow recreational marijuana use....

By the numbers: The legalized marijuana market is worth $64 billion and has nearly tripled in three years as legalization efforts have swept the nation, a 2022 Coresight Research report found.

From Gallup, "Grassroots Support for Legalizing Marijuana Hits Record 70%":

Seven in 10 Americans think marijuana use should be legal, the highest level yet after holding steady at 68% for three years.

The latest results are based on a Gallup poll conducted Oct. 2-23. Aside from those in favor, 29% of U.S. adults think marijuana should not be legal, while 1% are unsure.

Twelve percent of Americans backed legalizing marijuana when Gallup first asked about it in 1969.  Support cracked the 50% threshold in 2013, jumping 10 percentage points to 58% after Colorado and Washington became the first states to legalize the recreational use of marijuana.

Support has since increased by another 12 points, paralleling the rise in Americans’ self-reported use of the drug. According to Gallup’s July Consumption Habits survey, the percentage saying they personally smoke marijuana has risen 10 points to 17% since 2013, and the percentage who have ever tried it has increased 12 points to 50%.

Ohio votes for legalizing marijuana by a (surprisingly?) large margin for a red state

Ohio was long considered a swing or bellwether state, though the state has started trending quite "red" with Donald Trump and state GOP candidates carrying the state by significant margins in recent years.  This recent "red" trend would seem to make the Buckeye State's vote today on marijuana legalization especially significant.  Specifically, as of this writing just before midnight, a marijuana legalization initiative, Issue 2, has secured a nearly 13% point victory with 93% of the votes reported.  As detailed in this NY Times accounting, Yes on Issue 2 has garnered 56.5% of the Ohio vote, even a higher percentage that the abortion rights initiative also on the Ohio 2023 ballot (which still is passing handily at 55.8%)

Marijuana legalization initiatives had recently been a losing proposition in deep red states like Arkansas and Oklahoma and North Dakota and South Dakota.  But light red Missouri legalized marijuana by initiative in 2022, and Ohio tonight follow the same path despite the fact that nearly all the state's GOP leaders advocated against the marijuana legalization initiative.

For many reasons, I will be quite interested to see how Ohio moves forward with implementation of its legalization initiative.

Reviewing the state of marijuana politics in the US on Election Day 2023

Later tonight or early tomorrow I expect I will be blogging about the results of today's initiative vote on the full legalization of marijuana in Ohio.  And, as voters head to the polls in the Buckeye State and in some other states, I am tempted to make the case that cannabis reform politics may be at an inflection point.  But maybe not, especially when possible federal reforms may be looming.  I suspect I will opine a bit on marijuana politics after seeing some actual outcomes on this intriguing off-off-year election day, but for now I will lean on recent Marijuana Moment coverage of both state and federal politics in this arena:

"Ohio Voters Will Decide On A Marijuana Legalization Ballot Initiative On Tuesday As Polls Show Strong Support"

"Virginia Election Forecast Predicts Democratic Wins In House And Senate, Which Could Lead To Legal Marijuana Sales"

"Colorado Should Be At The ‘Center’ Of Global Marijuana Market, Governor Says As He Unveils New Cannabis Budget Proposals"

"Pennsylvania House Committee Holds Marijuana Legalization Hearing As Lawmakers Consider State-Run Stores"

"Congressional Committee Urges DOJ To Study ‘Adequacy’ Of State Marijuana Laws And Address Federal Research Barriers"

"Congress Considers Opposing Amendments To Protect Legal Marijuana States And Block Biden From Rescheduling Cannabis"

"RFK Jr. Releases Presidential Campaign Ad Calling For Marijuana Legalization ‘To End Addiction’"

Happy Election Day to all who celebrate!

"What Tax Revenues Should Ohioans Expect If Ohio Legalizes Adult-Use Cannabis? (2023 Report)"

The title of this post is the title of this updated data analysis now available via SSRN and authored by Jana Hrdinova and Dexter Ridgway with the Drug Enforcement and Policy Center.  This report builds off a prior effective effort to estimate likely state revenues if Ohio legalizes marijuana,  Here is this latest report's abstract:

Advocates for cannabis reform in Ohio and in other states often stress the tax revenue that can be raised through legalization.  If a citizen-initiated statute were to reach the November 2023 ballot, Ohio voters are likely to hear from reform advocates about the potential tax revenue a new cannabis industry could bring to the Buckeye State.  The purpose of this policy paper is to provide an updated estimate of potential cannabis tax revenue in Ohio that is informed by tax revenue data and trends from a select group of other adult-use states.

Based on our analysis, we are using Michigan FY 2021 data on cannabis tax revenue as our focal point for Ohio cannabis tax revenue estimates given the demographic and tax structure similarities; we are using three different scenarios for rate of diminishing retail sales growth through year five of an operational legal adult-use program; we are using state population figures as our basis for calculating per capita cannabis tax revenue rates; and we are modeling for three different Ohio pricing scenarios.  Given these assumptions, the updated potential annual tax revenue from adult-use cannabis in the state of Ohio ranges from $276 million in year five of an operational cannabis market to $403 million in year five of operations.

Ohio voters seemingly likely to have opportunity to vote on marijuana legalization in November 2023

As reported in this AP piece, headlined "A campaign to ask Ohio voters to legalize recreational marijuana falls short -- for now," the effort to put marijuana legalization before Ohio voters has hit a small (and surmountable) bump.  Here are the details:

A proposal to legalize adult use of marijuana in Ohio narrowly fell short Tuesday of the signatures it needed to make the fall statewide ballot. Backers will have 10 days, or until Aug. 4, to gather more.

Republican Secretary of State Frank LaRose determined the Coalition to Regulate Marijuana Like Alcohol was short by just 679 signatures of the 124,046 signatures required to put the question before voters on Nov. 7.

Tom Haren, a coalition spokesperson, said he was confident the group could find the signatures by the Aug. 4 deadline.  “It looks like we came up a little short in this first phase, but now we have 10 days to find just 679 voters to sign a supplemental petition — this is going to be easy, because a majority of Ohioans support our proposal to regulate and tax adult use marijuana,” Haren said in a statement.

If the initiative makes the November ballot, a simple majority vote is required for it to pass....  The ballot measure proposes allowing adults 21 and over to buy and possess up to 2.5 ounces of cannabis and to grow plants at home. A 10% tax would support administrative costs, addiction treatment, municipalities with dispensaries and social equity and jobs programs.

If the issue passes, Ohio would become the 24th state to legalize cannabis for adult use.  The outcome of a special election Aug. 8 on whether to raise the bar for passing future constitutional amendments wouldn’t impact the marijuana question, since it was advanced through the citizen initiated statute process.

"Collisions and cannabis: Measuring the effect of recreational marijuana legalization on traffic crashes in Washington State"

The title of this post is the title of this notable new research authored by Annie Voy and just published in the journal Traffic Injury Prevention.  Here is its abstract:

Objective

Washington State was among the first states in the US to legalize recreational consumption and retail sales of marijuana.  Recreational use of cannabis was legalized December 6, 2012, following the passage of Initiative 502 30 days prior.  Roughly 19 months later the first retail cannabis stores opened their doors for public sales (“commercialization”).  I measure the impact of cannabis legalization and commercialization on traffic collisions in Washington State.

Methods

With county-level vehicle crash data from the Washington State Department of Transportation collected monthly, I utilize an interrupted time-series framework with Poisson estimation to compare traffic collisions with recreational retail cannabis sales revenue from 2011 (three years pre-commercialization) through 2017 (three years post-commercialization).  First, I measure the shift in collisions brought about by Washington’s 2012 cannabis legalization.  Then, I compare retail cannabis sales — a measure of commercialization — to traffic collisions based on severity of injury (fatal, severe injury, minor injury, non-injury, and all).

Results

After controlling for confounding factors, evidence suggests that recreational cannabis legalization led to fewer fatal and serious injury collisions.  Retail cannabis sales generally correlate with more traffic collisions, particularly for less severe (minor injury) crashes.  These findings are robust to the inclusion of additional control variables pertaining to county-level cannabis usage and driving behavior while intoxicated.

Conclusions

Cannabis legalization led to fewer fatal, serious, and minor injury collisions.  Commercialization (cannabis sales) correlated with an increase in less severe crashes.  Although cannabis use generally increased in Washington State following legalization/commercialization, survey data suggest that driving behavior while under the influence of cannabis did not change significantly over the post-commercialization period.  Future research should focus on measuring the dose-dependent impact of cannabis consumption on traffic collisions.  This should include recognition of the importance of cannabis dosing, timing, and route of consumption.  Lastly, the dangers of poly-drug driving — particularly cannabis and alcohol — are well established and should be high priority for further research.