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Ohio lawmakers plan to introduce medical marijuana bills
By Jackie Borchardt

COLUMBUS, Ohio -- On the heels of the defeat of a proposal to legalize marijuana, state lawmakers in the Ohio House said Wednesday they plan to move forward with several bills related to medical marijuana.

House Speaker Cliff Rosenberger, a Republican from Southwest Ohio, told reporters Wednesday that Republicans plan to take a "measured and methodical approach" to drafting and passing medical marijuana legislation.

Issue 3, which would have also legalized recreational use, received only 36 percent of the votes cast Tuesday, according to unofficial results. Rosenberger said he has no interest in allowing non-medical use, but said polling showed Ohioans overwhelmingly support medical marijuana.

Meanwhile, marijuana advocates say they are already making plans to put legalization before voters in the November 2016 presidential election.

In the coming weeks, Rosenberger said, lawmakers plan to introduce resolutions urging the federal government to move marijuana down on the list of controlled substances and the Food and Drug Administration to allow more medical-related studies in Ohio.

Rosenberger said House Republicans and Democrats support legalizing some medical use, but lawmakers need to review the research, including studies under way at Ohio children's hospitals, and hear from experts before making decisions allowing marijuana use. Medical marijuana is legal in 23 states and the District of Columbia.

"We want to hear from anybody and everybody who's dealing with this so we get the best possible movement forward on this for the state of Ohio," Rosenberger said.

Cliff Rosenberger Kirk SchuringHouse Speaker Cliff Rosenberger and Rep. Kirk Schuring, both Republicans, told reporters Wednesday that Republicans and Democrats want to discuss medical marijuana.Jeremy Pelzer/cleveland.com

One vocal legalization opponent might prove problematic for Statehouse legalization efforts. Gov. John Kasich called recreational marijuana legalization "a terrible idea" and said through a spokesman earlier this year that medical marijuana isn't the answer for families of children with catastrophic illnesses.

Kasich spokesman Joe Andrews clarified the governor's position, saying he neither supports nor opposes medical marijuana.

"The governor is sensitive to the plight of those who have debilitating diseases, but feels the need to let medical professionals lead on this issue," Andrews said in an email. "He hopes that through additional clinical research we can determine if medicinal cannabis can produce treatments that help patients who cannot find relief with other medications."

Canton Rep. Kirk Schuring, who is leading marijuana legalization efforts among House Republicans, declined to give details about future legislation, but mentioned that a pilot program for some patients could be a starting place.

"We need the clinical research to determine whether or not marijuana is advantageous," Schuring said. "Through that methodical process, we would determine whether or not we would want to do a pilot or something that would allow residents to have access to medical marijuana."

Democratic Sens. Joe Schiavoni of Boardman and Kenny Yuko of Richmond Heights wrote a letter to Rosenberger and Senate President Keith Faber requesting discussion about the issue in the hopes of passing bipartisan legislation. Schiavoni and Yuko said they've been drafting bills based on best practices from other states.

Faber, a Celina Republican, wasn't ready Wednesday to say whether Senate Republicans supported the idea.

"We've had members looking into it," Faber said in a statement. "I'm concerned that any proposal have tight provisions to meet the medical necessity and to avoid abuse."

Issue 3 would have allowed Ohioans with a "debilitating medical condition" such as cancer, post-traumatic stress disorder, and multiple sclerosis to purchase marijuana at wholesale cost if they have a "certification" from a current treating physician. Issue 3 also would have legalized recreational marijuana sales and use, with all marijuana for sale grown at 10 sites belonging to investors bankrolling the campaign.

Rosenberger gave Issue 3 some credit for raising the profile for marijuana but said Ohioans have asked for action. He said Republican lawmakers have been working on medical marijuana legislation since the beginning of the year. He cited House Bill 33, which would legalize a marijuana extract that's low in the compound that produces a high.

Such extracts have reduced seizures in some children with intractable epilepsy. But marijuana advocates said cannabis contains dozens of compounds that could prove beneficial for a variety of conditions, and patients should have access to the whole plant.

Future ballot initiatives

Ian James, executive director of pro-Issue 3 group ResponsibleOhio, said they'll be back next year with a revised plan. If that plan also awards cultivation licenses to pre-selected people, it's likely to run afoul of Issue 2, the anti-monopoly amendment that passed Tuesday night with 52 percent of the vote.

In that case, the Ballot Board would likely rule the amendment in violation of the anti-monopoly provision, and ResponsibleOhio would have to persuade voters to say "yes" twice -- first on a question to approve the monopoly and then on the actual proposed amendment.

Two other groups have started collecting the 305,591 signatures required to put a constitutional amendment before voters.

Ohio Rights Group, which pushed a medical-only measure, is considering its next move, ORG Vice President John Pardee said Wednesday. Ohio Rights Group initially strongly opposed Issue 3, but endorsed the measure after ResponsibleOhio investors promised to let small "artisanal" growers rent space on the 10 grow sites.

Pardee said his group's Ohio Cannabis Rights Amendment is the plan least likely to be affected by Issue 2 because it doesn't specify a tax rate or structure a new industry. But Pardee said the Ohio Ballot Board, a bipartisan panel led by Republican Ohio Secretary of State Jon Husted, has the power to decide whether petitioners would have to put two questions on the ballot.

"If there's a political necessity to give an amendment a scarlet letter they'll find a way," Pardee said. "They could find some language or clause they can brand as a special interest."

Ohioans to End Prohibition, which recently rebranded itself Legalize Ohio 2016, started its recreational and medical marijuana amendment campaign months earlier than planned to show voters they would have another option if Issue 3 failed. Ohioans to End Prohibition President Sri Kavuru said the campaign dialed back before the election but Tuesday's vote gave them the green light to start their campaign in earnest.

Kavuru said Issue 3's failure has already attracted attention from potential donors, including some Issue 3 investors. Kavuru said Legalize Ohio 2016 plans to spend $12 million on the campaign, including $1 million to collect signatures.

"We're looking forward to connecting with a lot of activists from ResponsibleOhio," Kavuru said.

"We all want the same thing. We all want legalization. We want patients to have access."

Kavuru said his group is consulting with legal experts to determine whether Issue 2 would affect its amendment, which outlines a legal marijuana industry and sets tax rates. Kavuru was confident the measure would either be grandfathered in or unaffected but said it's still early enough to tweak the language to meet the new law.

Kavuru said he wasn't concerned about legislators enacting laws before the November 2016 election. "Our law covers medical marijuana patients better than any legislation they could put together," Kavuru said.

Read this article and others at Cleveland.com


 
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