Medicinal Cannabis and Industrial Hemp Amendment – Certified by the Ohio Attorney General 4/7/16

SUMMARY

This amendment guarantees the right of residents who have reached the age of majority to possess, process, transport, use, share, and cultivate cannabis, commonly referred to as marijuana, marihuana, or hemp, for medicinal purposes, and grants the State the power to tax and requires the state to regulate its commercial production, extraction by solvents, the use of cannabis or cannabis extracts as an additive in foods, and transfer of cannabis by purchase or sale in the interest of health and safety. Non­residents and residents who have not attained the age of majority may be administered medicinal cannabis only under the direction of a licensed physician. Defines medicinal cannabis as all parts of any plant of the genus Cannabis, whether growing or not.

Does not authorize individuals to operate a motorized conveyance or heavy equipment while under the influence of Cannabis; does Not prohibit civil or criminal penalties for undertaking a task while under the influence of Cannabis that would constitute negligence or professional malpractice. Requires that a finding of being under the influence of cannabis be based upon scientific evidence of Impairment. Being under the influence would not be determined solely by the presence of active or inactive metabolites of cannabis in an individual’s urine, blood, tissue, hair or skin, or as detectable by other measures of body chemistry.

Provides for a fair and transparent process for determining cannabis-­related commercial licensing that requires equal access to Business ownership and employment for all Ohioans who have attained the age of 21 years old.

Defines industrial hemp and gives residents the right to cultivate, process, and conduct commerce in non­medicinal products of cannabis. Industrial hemp and medicinal cannabis shall be researched, regulated, and promoted by the State in a manner substantially similar to other agricultural crops. Industrial hemp and medicinal cannabis, in all forms, are hereby removed from Schedule I classification in the State’s Schedule of Controlled Substances one year after adoption of this amendment.

This Amendment will not affect the Smoke Free Workplace Act. No other provision of the Ohio Constitution may override these provisions.

*end of summary*

Full Text of the Amendment

Whereas, cannabis has accepted medical uses in treatment in the United States; and

Whereas, science and common sense reveal cannabis to be a medicinal plant with much potential to relieve human suffering; and

Whereas, Ohio citizens desire to reclaim their freedom to select cannabis as the medicinal treatment of their choice understanding this amendment applies only to Ohio law and state action, and does not immunize violations of federal law.

Now therefore be it resolved by the people of the State of Ohio:

That the Constitution of the State of Ohio be amended by adopting a section to be designated as Section 22 to Article I, thereof, entitled “Medicinal Cannabis and Industrial Hemp” to read as follows:

Medicinal cannabis, or cannabis, commonly referred to as marijuana, marihuana or hemp, is defined as all parts of any plant of the genus Cannabis, whether growing or not. Industrial hemp is defined as non­intoxicating varieties of the plant genus Cannabis grown and processed for nonmedicinal purposes.

Residents who have attained the age of majority shall have the right to possess, process, transport, use, share, and cultivate cannabis for medicinal purpose. This right shall not be infringed except that the commercial production of cannabis, extraction of cannabis by solvents, the use of cannabis or cannabis extracts as an additive in foods and the transfer of cannabis by purchase or sale may be taxed and shall be regulated in the interest of public health and safety. Non­residents and residents who have not attained the age of majority may be administered medicinal cannabis only under the direction of a licensed physician.

Residents shall have the right to farm, process, and conduct commerce in industrial hemp, for all lawful purposes including, but not limited to, paper, seed oil, food, body care products, fuel, building materials, auto parts, and clothing.

Industrial hemp and medicinal cannabis shall be researched, regulated, and promoted by the State in a manner substantially similar to other agricultural crops. Industrial hemp and medicinal cannabis, in all forms, are hereby removed from Schedule I classification in the State’s Schedule of Controlled Substances one year after adoption of this amendment.

There shall be a fair and transparent process for determining cannabis-related commercial licensing that provides equal access to business ownership and employment for all Ohioans who have attained the age of 21 years old.

Nothing in this Amendment authorizes any person to engage in, nor prohibits the imposition of civil, criminal, or other penalties for undertaking any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice; or to operate, navigate or be in actual physical control of any motorized conveyance or heavy machinery while under the influence of cannabis.

An individual shall not be considered to be under the influence of cannabis under Ohio law solely because of the presence of active or inactive metabolites of cannabis in the individual’s urine, blood, tissue, hair or skin, or as detectable by any other measure of body chemistry. The legal definition of impairment as a result of cannabis use, and applicable testing to determine such impairment, shall be based on scientific evidence of impairment.

Nothing in this Amendment shall interfere with or change the ban on smoking in public places under the Smoke Free Workplace Act.

The provisions of this section are intended to be severable, and the invalidity of one or more of such provisions shall not affect the validity of the remaining provisions. No other provision of the Ohio Constitution shall impair the rights enumerated herein.

*End of full text of Amendment*

Second Submission to the Ohio Attorney General on 3/28/16

See the First Submission here