Unconstitutional portions of the Ohio medical marijuana law, which had set aside a percentage of the state’s pot licenses for minorities, were spotted during the legislative debate but it lacked necessary votes, a key lawmaker says. The law will take effect September 8th, pointing to a new panel that will begin laying out plans for how the new industry will work.
Changes may lead to a marijuana corrective bill, emerging in the lame duck session. The benchmarks are contained in the legislation, heading off the proposal to Ohio’s fall ballot. Ohio is the 25th state to legalize medicinal cannabis. At least 15 percent of Ohio’s cultivator, processor, retail dispensary and laboratory licenses is required to go to an economically disadvantaged minority group – African-Americans, Hispanics, Asians, or Native Americans – as long as an adequate number apply.
Minority Democrats had sought the provisions, with members of the committee feeling it was important to assure minority communities that had been disproportionally punished under existing marijuana laws saw some benefit when medical marijuana was legalized. However, racial preference rules are a violation of the U.S Constitution have generally failed to stand up in court. Legislators of both parties said that they were unaware of this.
State Sen. Bill Seitz, a Cincinnati Republican, drafted an amendment that would have made the 15 percent a goal, as opposed to a requirement. It was never introduced because champions of the bill said it might derail the compromise that had been struck to get it passed. The legislation had cleared the Senate by three votes. Eleven Republicans had opposed the bill, while six Democrats supported it – three of them being members of the Black Caucus. Interviewed caucus members who had supported the bill stated it was a Democratic-backed package of additions that led their support, not solely the 15 percent license provision.
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