Goal:  

We want a cannabis industry that is education-based, science-backed, and community focused.

Definitions within this framework;

These definitions are not intended to be the end-all be-all, but to clearly delineate which cultivar, version of the plant and scientific process we are discussing within this framework. For too long, this discussion has been distracted by using shifting language and various parties not agreeing on the scientific bases. As this framework seeks to lead a science-backed discussion, we will use the most scientific and straightforward definition and document it here when discussing the framework and its impacts. These agreed-upon definitions allow us to have a more educated and serious conversation about the impact cannabis legislation has on the community. 

“Cannabis”- 

Cannabis is a plant of the Cannabaceae family and has been used for millennia for medical and recreational purposes, but also as hemp fiber to create paper, clothing, biofuel and food. University of Sydney 

 “Marijuana”-

Defined as the plant cannabis sativa L. with a Delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3% on a dry weight basis, from the federal Controlled Substances Act/ FDA

“Hemp”- 

Defined as the plant cannabis sativa L. with a Delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis, from the federal Controlled Substances Act/ FDA

“Intoxicating Hemp”- 

Defined as the plant cannabis sativa L. with a Delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis, from the federal Controlled Substances Act/FDA. In addition, this is hemp grown with THCa, the acidic precursor to Delta-9 tetrahydrocannabinol

• Contains more than 3mg TOTAL THC / serving considered intoxicating cannabis  

“Federally Compliant”- 

Defined by 2018 Farm Bill:

This bill legalized hemp, defined as cannabis with less than 0.3% delta-9 THC on a dry weight basis. This makes hemp-derived products, like CBD products containing less than 0.3% delta-9 THC, federally legal.

“PhytoCannabinoids”- 

Defined by NIH as a diverse group of naturally occurring compounds extracted from the Cannabis plant, have attracted interest due to their potential pharmacological effects and medicinal uses.

“THCa”- 

Defined by National Institute of Health 

Δ9-tetrahydrocannabinolic acid A (THCA-A) is the acidic precursor of Δ9-tetrahydrocannabinol (THC), the main psychoactive compound found in Cannabis sativa. THCA-A is biosynthesized and accumulated in glandular trichomes present on flowers and leaves, where it serves protective functions and can represent up to 90% of the total THC contained in the plant. 

THCA-A slowly decarboxylates to form THC during storage and fermentation and can further degrade to cannabinol. Decarboxylation also occurs rapidly during baking of edibles, smoking, or vaporizing, the most common ways in which the general population consumes Cannabis. Contrary to THC, THCA-A does not elicit psychoactive effects in humans and, perhaps for this reason, its pharmacological value is often neglected.

“Delta-9”- 

Defined by the chemical formula (C21H30O2), the delta-9-THC isomer with chemical name (−)-trans-Δ9-tetrahydrocannabinol. It is a colorless oil associated with the psychoactive impact related to THC. 

Defined by NIH as Naturally occurring THC is the principal psychoactive compound and 1 of the 113 cannabinoids identified within the class of cannabinoid medications.

“Delta-8”- 

Defined by FDA as Delta-8 tetrahydrocannabinol, also known as delta-8 THC, is a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties. Delta-8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant but is not found in significant amounts in the cannabis plant. As a result, concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD).  

“Synthetic Cannabinoids”- 

Defined by NIH as a class of lab-made substances that are chemically similar to chemicals found in the cannabis plant, though they often produce very different effects. Some synthetic cannabinoids have potential or current medical uses but many are illicitly manufactured and sold. 

“Terpenes”- 

Defined by NIH as a type of strong-smelling chemical substance found in some plants, especially trees that have cones. Terpenes are found in essential oils (scented liquid taken from plants). 

Look to companies like ABX  who are also doing research on other chemical compounds that impact the medical effect of the plant. 

“Flavorants”- 

Defined by ABX as Cannabis flavorants are non-terpene compounds found in low concentrations and are responsible for the plant’s unique and diverse aromas. These compounds aren’t exclusive to cannabis and can be present in a variety of organic sources, from other botanicals to mammalian feces

“Endocannabinoid system”- 

Defined by NIH as The endocannabinoid system (ECS) is a widespread neuromodulatory system that plays important roles in central nervous system (CNS) development, synaptic plasticity, and the response to endogenous and environmental insults. The ECS is composed of cannabinoid receptors, endogenous cannabinoids (endocannabinoids), and the enzymes responsible for the synthesis and degradation of the endocannabinoids. The most abundant cannabinoid receptor is the CB1 cannabinoid receptors, however CB2 cannabinoid receptors, transient receptor potential (TRP) channels, and peroxisome proliferator activated receptors (PPAR’s) are also engaged by some cannabinoids.

“Remedition”- 

Defined by Sage Industrial Remediation machines are devices that work to remove all traces of mold, pathogens, and bacteria from cannabis leaves and buds. They work by using various methods to cleanse the product, including but not limited to vacuuming, steam cleaning, UV light, ozone shock, and radiation sanitizing that can remove up to 99.99% of all mold (powdery mildew, aspergillus) and more!

Legislative Framework Sections

These sections serve as the general areas of focus that the legislation will ultimately address. Using topics to hone-in on specific conversations allows more voices to add to the conversation and aids in creating a framework that addresses the concerns of the majority of those interested and affected by Ohio’s Cannabis Industry. 

Testing

Testing should be open-access for all Ohioans. Testing facilities should be legally allowed to do multiple-panel testing on homegrown cannabis to determine cultivar, cannabinoids and terpene content. 

Furthermore, the state should be funding and providing basic testing for individuals. With the rise of THCa Federally Compliant Flower, synthetic derivatives in processed goods, and risk of contamination; the State should provide free testing centers in the interest of public health.

Marketing

As with any industry the cannabis industry as recognized in a state program shall share in the rewards of marketing/advertising rights. Marketing rights shall be implemented to all cannabis industry participant companies as marketing rights to tobacco, alcohol and firearms are permitted with time frames and content language. Product marketing is a valued tool to any sustainable business model. Product discounts by percentages for patients,veterans, adults and indigent classification individuals shall be at the choice of the company and may be applicable to sales stacking prices. Community outreach programs shall be implemented by companies with an educational awareness theme. Community outreach as a financial aid may be provided by the licensees.  

Packaging complete profiles;  Product packaging shall share active and inactive ingredients of the product vs the brand strain name which does not hold a true profile batch to batch. Drug safety interactions with RX meds shall be displayed on the exterior package. Cannabis has been recognized, legislated and ruled as a medication. To include all cannabinoids, flavonoids and terpenes is to share a product profile. Any other additive or ingredient shall be labeled. Safety precautions to keep out of a child's reach, pregnant women and any other pertinent precautions shall be listed.  

Criminal Justice Reform

Ohio has over 60,000 Cases of Post Legalization Arrest after decriminalizing 100 grams of cannabis possession in 1975. The State of Ohio’s executive branch has wrongfully arrested individuals, and the legislative branch is attempting to re-criminilize cannabis use and possession.
Cannabis is legal

We should be allowed to grow our Cannabis

We should be allowed to smoke our Cannabis

We should be allowed to safely process our Cannabis

We should be allowed to share our Cannabis

Licensing 

Standalone processors; Shall be afforded the opportunity to apply for a level 2 cultivation license and a single dispensary license following the original application process of the medical program. Or through Issue2 legislative revision language Standalone processors will be awarded a level 3 cultivation license and one retail licensed dispensary for both medical and adult choice purchases.This will permit these licensees to have a sustainable, self-sufficient, vertically integrated business model and not have to rely on cultivation licensees who may refuse to provide biomass thus leading to an elimination of a competitor.

Per Issue 2 language the introduction of Social/Economic Equity opportunities brought many voters out in support. The request for level3 cultivation application process for this opportunity shall start immediately in a new rule package provided by the DCC. This process shall also be afforded to the economic equity dispensary proposal under issue 2. Permitting these applicants to become active in the market immediately improves their business success. 

Cannabis Hemp permit; For purposes of this section the Department of Agriculture and the Division of Cannabis Control shall promulgate rules permitting licensed Intoxicating hemp cultivators and processors under an Ohio license only to provide hemp biomass matter to Ohio licensed medical and non-medical cannabis processors during any period of a new cultivation cycle. This will permit a higher profile quality in products for both medical and non-medical uses. 

Education

There are currently no educational standards for the State of Ohio when it comes to cannabis , other than Metrc training which is a seed-to-sale software that tracks the life of cannabis in the Ohio system.
We need continuing education systems for 

1. The employees and stakeholders in the industry at cultivators, processors, testing labs and dispensaries, with a deeper focus based on the type of work you are doing

2. The state reps intending to make legislation on these issues

3. The state regulators creating and enforcing new regulations on these issues

4. The public as a whole

The war on drugs has caused government-funded misinformation, and our government has a duty to create a more educated and informed public. 

Taxes

In November 2023, Ohio voters approved Issue 2 to legalize the sale of marijuana by state-licensed dispensaries to individuals aged 21 and over. This is known as "adult use cannabis." Ohio Revised Code (R.C.) 3780.22 imposes a 10% excise tax on these sales.

Tax revenue from the adult use cannabis tax is deposited into the adult use tax fund. The tax commissioner provides data to the director of the office of budget and management for further distribution. According to R.C. 3780.23, the revenue is distributed as follows:

36% to the Cannabis Social Equity and Jobs Fund: Used for social equity and job initiatives.

36% to the Host Community Cannabis Fund: Benefits municipal corporations or townships with adult use dispensaries.

25% to the Substance Abuse and Addiction Fund: Supports substance abuse and addiction services.

3% to the Division of Cannabis Control and Tax Commissioner Fund: Supports the operations of the Division of Cannabis Control and covers the tax administration costs.

The above is the proposed tax structure voted on in Issue 2 that was gutted by the most recent fiscal budget bill, which shifted all by 36% Host Community Cannabis Fund to be shifted to the General Revenue Fund for “the needs of the state” including paying police and anti-cannabis education.  

There should be no 

Expungement

Establish a statute creating an avenue for those wishing to expunge/seal any non-violent cannabis criminal convictions and other non-violent criminal convictions with a no cost aid by the state/county (legal aid), with or without subsidy from the general cannabis tax fund. This is an opportunity to grow the tax paying jobs and to detour the non-tax paying jobs. Further it is the humane thing to do in giving second or third chances in improving one's livelihood to become a productive member in society. Retroactive qualification release for sealing and expunging records related to non-violent cannabis conviction, both misdemeanor and felony, shall date back to June 1st, 2006. This is a ten year retroactive period from the passage of the Ohio medical cannabis program and shall be applicable to the adult choice program. Cannabis expungements shall include the expungement of an ILC, intervention in lieu of conviction, immediately after the completion of penalties imposed. Add non-violent cannabis possession convictions of felony 3-4-5 classifications to be eligible expungement offenses. 

Economic Equity 

The main reasoning, provided publicly, for removing the Social Equity program was a belief that the Supreme Court would strike down anything based on racial or social equity. This framework seems to adopt the same language as issue 2, but change the qualifiers to economic equity with the same factors- see below. 

Establish the cannabis Economic equity and jobs program and require the Department of

Development to certify program applicants based on economic disadvantage;

Define "economic disadvantage" to include membership in a disability status, or long-term residence in an area of high unemployment;

Shield certain confidential information from disclosure to the public, including but not limited to any information reported to or collected by the Division that identifies or would tend to identify any adult use cannabis consumer and prohibit the Department of

Development from releasing certain application information as public records;

Require the Division to provide preferential treatment to applicants who have qualified for

the cannabis Economic equity and jobs program when issuing

level III adult use cannabis cultivator licenses and dispensary licenses:;

Prohibit certain local government entities from limiting specific research, levying a tax, or charge on adult use operations, their owner, or their property not generally charged on other

business, and prohibit certain local government entities from prohibiting or limiting adult

use cannabis home grow or prohibiting or restricting an activity authorized by the proposed

law:

Workers Protections

We need a statewide cannabis union with actual teeth, a way for employees to have equity in these companies, and a way for bad actors and license holders to be held accountable.  

Patients Rights 

Employees participating in the use of cannabis should be treated no differently than employees who choose to use alcohol. If the use of drug is not on company time, or the inebriation is not present during the working time, employers should not be able to test for THC as a pre-screening option, and must prove it was PRESENT and ACTIVE at the time of incident for Workers Compensation claims. 

Ohio is a right-to-work state and there aren’t overt protections on employees' rights to not be fired for any reason by an organization, but setting an example by removing cannabis from the drug-free work place for state programs would be a great start.
Many of Ohio’s courts do not recognize the medical and adult use cannabis programs as viable in the discussion of medication, criminalization, and custody rights. This is an egregious error and cannabis users should not face additional discrimination by a court of law. 

Harm Reduction

State health expert recognition of cannabis as an exit drug, and countering the-outdated and false claims of cannabis as a “gateway” drug  is a theory from 1944 laguardia report, as well as a frank discussion of dependence vs addiction.

Reestablishing tax revenue for Substance Abuse and Addiction Fund

Free and public testing for cannabis contaminants- microbial, pest, fentanyl, etc 

Ban of synthetic conversion  follow Ohio board of pharmacy CSA rules of THC to non stable isomers not found in natural abundance in the plant i.e. Delta8 and Delta10 which are synthetically created to imitate the delta9 psycho-active effect. 

Regulatory Body

Public advisory committee;  An advisory committee shall be created to provide valuable input to the DCC from various public entities. The committee being made up of a representative from the cannabis community, cannabis Industry, public health, public safety, public education, banking, medical, mental health and legal will share a valuable resource the DCC lacks.

The DCC should be curtailed in its ability to produce new regulations. Regulations should be enacted by an INFORMED and EDUCATED body, not a group of appointed regulators who have shown their lack of understanding for basic terminology and science. 

Driving Protections 

To remove/redact the odor of cannabis/marijuana/hemp and any derivatives/products of the plant as a probable-cause precursor to the search of a person’s body, motor vehicle and/or physical residence structure. 

See a reduction in the safety issues presented during motor vehicle traffic stops, person searches and structure searches. This act is intended to see a reduction in motor vehicle pursuits, illegal searches, physical confrontations, excessive force, unethical practices and a protection factor for medical cannabis patients and cannabis/hemp facility employees.

SB55 136th GA addressed this language. The proposed per se levels are suggestive arbitrary/subjective percentages with low values. Science based testing laws are paramount for statute validity. Cannabis impairment is unique to each individual and remains for various extended times in the body, resulting in a discriminate test result that “one is good for all”. Science does not validate an impaired driving conclusion. To change from THC metabolite to THC active reflects a closer identity to possible impairment. The active level of THC (experimental roadside test for mouth flood swabs is available) shall be a minimum of 200 nanograms before an impaired driving charge is filed. Exigent circumstances by three shall precede the actions an officer may take for an impaired driving incident. The suspension of a driver's license other than a guilty impaired driving conviction shall not not be imposed for drug abuse, corrupting another, possession, sharing, gifting, personal cultivation, personal manufacturing of adult or medical cannabis infractions.

Industrial Hemp Program

Be it further implemented, an Ohio Industrial Hemp Program separate from the current hemp program. This program shall focus on the industrial values of hemp manufactured products such as papers, concrete, plastics, energy and other textiles. Further establish a soil remediation program for purposes of an environmental cleaning program available to areas of contamination, chemical spills and more such as industrial areas of chemical use, along Ohio waterways and accidental catastrophes. This same principle can be applied to PFOS, an unwanted byproduct of wastewater treatment also affecting our farmers. 

 The state shall create an assistance grant program specific to state properties, research and development and higher education training. The state may create a new workforce department to manage this program.

Federal Compliance

The below amendments have already been drafted by the Legislative Services Council at the Ohio Statehouse. 

Align Hemp Definition with the 2018 Farm Bill — Protecting Natural Cannabinoids :

“Hemp means the plant Cannabis sativa L. and any part of that plant, including its extracts, cannabinoids, isomers, acids, salts, and derivatives, provided it complies with the dry weight concentration limits established under 7 U.S.C. § 1639o.” 

Prohibit Synthetic Cannabinoids

“Synthetic cannabinoids—defined as compounds not natively produced by the plant and created through artificial synthesis—shall not be permitted in any product regulated under this chapter.”

Prohibit Artificially Converted Cannabinoids, Protect Natural Expression 

“Cannabinoids produced through artificial conversion, chemical manipulation, or isomerization are prohibited; this does not apply to naturally occurring conversions within the plant or during standard formulation without synthetic intervention.” 

Require Dry Weight and Native Cannabinoid Testing

“All THC concentration testing must be performed on a dry weight basis using validated methods capable of detecting cannabinoids in their original, unaltered form, consistent with federal hemp compliance standards.”