A hemp producer based in Dayton, Ohio has a new customer for its crop after the firm signed a deal with a processor in nearby Michigan to provide raw material for hemp-based bioplastics. Under its new contract with Detroit-based Heartland Industries, Ohio Hemp Company will provide hemp fiber to produce bioplastic that will eventually become auto parts manufactured by a Belgian firm.

Ohio Republican Governor Mike DeWine signed legislation to legalize hemp in the state in 2019, the year after Congress legalized the crop on the national level with the passage of the 2018 Farm Bill. TJ Richardson and Justin Helt, the owners of Ohio Hemp Company, were among the first farmers in the state to farm the crop. They planted 11,000 cannabinoid hemp plants in 2020 to take advantage of the then-booming CBD market.

After the CBD market began to retract, Richardson and Helt pivoted to growing hemp plants bred to produce grain and fiber, rather than CBD and other cannabinoids. Because of the versatility of hemp, the company still had opportunities with the crop to explore.

“My grandpa always says that hemp is the most exciting new thing in agriculture since soybeans in the 50s,” Helt told agriculture news source Farm and Dairy. “That gives you a little perspective on how often something like this comes along. We see a huge trajectory path for this crop to grow in the state.”

Richardson and Helt knew from the time they launched their operation that there are a multitude of uses for hemp. After transitioning away from CBD hemp, the partners began looking for businesses near Ohio that were using the crop in their products. Before long, Richardson and Helt discovered Detroit-based Heartland Industries, a hemp processing facility founded in 2020. In 2022, the company began a partnership to provide hemp fiber to Ravago, a Belgian bioplastics manufacturer. 

Tim Almond, chairman and co-founder of Heartland Industries, said that from the beginning, his company and the farmers it works with faced challenges as they learned to grow and work with the crop.

“It had been illegal for 80 years, a lot of the knowledge and planting equipment has been either lost or transitioned to corn, soybean and wheat,” said Almond. “Farmers didn’t know what technology would work. So we had to understand how to plant the crop all over again.”

Heartland Industries uses the hemp fiber grown by Ohio Hemp Company and other farmers in the Midwest to manufacture small hemp pellets known as nurdles. After this initial processing, the nurdles are transported to Ravago, where they are mixed with plastic nurdles to produce a bioplastic composed of 70% plastic and 30% hemp fiber. The bioplastic is then used to manufacture parts for the auto industry.

“Everybody wants to have a product that’s better for the environment, but it’s hard to do it if it compromises the cost and it compromises performance,” Almond said. “We found a happy balance with the plastic manufacturing world where we can use this ingredient at 30% in the recipe, and we could see cost savings, we can see weight reduction, we can see performance maintaining the same, but most importantly we can see the reduction in carbon footprint.”

To maximize efficiency, Heartland Industries originally began partnering with farmers in Michigan to source the hemp the company needs. But as the hemp fiber market grew, it also started working with growers in nearby states including Indiana, Illinois and Ohio.

In 2022, Ohio Hemp Company began growing and researching dual-purpose hemp that produces both fiber and grain. Last year, the company grew 100 acres of the crop. Thanks to the new contract with Heartland Industries, Helt and Richardson plan to plant 200 acres of dual-purpose hemp this year.

The hemp grower’s new agreement is a purchase contract to provide hemp fiber to Heartland Industries on a non-binding, year-over-year basis. Ohio Hemp Company is in the process of adding new infrastructure to support its expanding operations. The firm is building a new processing and storage facility, as well as researching new varieties of hemp.

Helt said that the new contract with Heartland Industries and other developments at his operation are signs of the growing demand for hemp in the region.

“It means everything to the growth of this company and to the growth of the industry in (Ohio) to have a major processor (with) a great demand,” said Helt. “All the different pieces of the puzzle are finally coming into place to create an entire industry from front end to back end, from the plant in the field all the way to the end consumer. It’s beautiful to see.”

Ohio cannabis regulators last week released a draft proposal of rules to govern recreational marijuana production and sales. Voters legalized recreational marijuana in Ohio with the passage of Issue 2 in the November 2023 off-year election, making the state the 24th in the nation to largely end the criminal prohibition of cannabis.

Issue 2, which passed with 57% of the vote, legalized recreational marijuana in Ohio for adults 21 and older, who are permitted to possess up to 2.5 ounces of marijuana and up to 15 grams of cannabis concentrates. The new law also legalizes marijuana cultivation for personal use, allowing adults to grow up to six cannabis plants at home. Households with more than one adult are permitted to grow a total of 12 plants.

The successful ballot measure also created a new state agency dubbed the Division of Cannabis Control (DCC), which will have the authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed,” according to the text of Issue 2. 

Until last week, the DCC had not yet released any rules to govern recreational marijuana production and sales in Ohio, where medical marijuana was legalized by state lawmakers in 2016. Without regulations, consumers in the state were left without a legal avenue to purchase recreational weed, a situation Governor Mike DeWine characterized as “goofy,” according to a report from online news source Cleveland Scene.

Proposed Rules Set Requirements For Legal Weed Businesses

The new proposed regulations set rules for 13 areas of recreational cannabis production and sales, using the regulations from other states that have legalized marijuana as a guide. Among the new regulations is a requirement that retail pot dispensaries be located at least 500 feet away from schools, parks, playgrounds, churches and libraries. 

Sales of recreational cannabis are restricted to adults aged 21 and over, who are required to show identification. Customers of dispensaries are required to be “escorted and monitored by an assigned registered employee at all times.” Retail dispensaries are required to close by 11 p.m.

Additionally, dispensaries are not permitted to choose or change a business name without approval from the DCC. Before beginning operations, dispensaries are required to deposit $50,000 in an escrow account, while testing labs must deposit $7,500 and the largest weed cultivators are required to maintain an escrow account of $750,000.

The regulations put limits on dispensary owners’ interest in other cannabis businesses, limiting them to one cannabis cultivator, one cannabis processor and eight retail dispensary locations. The proposed rules also set security requirements for cannabis businesses and mandate standards for the proper disposal of cannabis waste.

Retail Weed Sales Could Begin Within Weeks

Under the new rules, existing medical marijuana dispensaries could be licensed to sell adult-use cannabis as soon as June 7. Recreational dispensary licenses will be issued later, perhaps as soon as September 7.

Brian Vicente, founding partner of the cannabis and psychedelics law firm Vicente LLP, characterized Ohio’s proposed adult-use cannabis regulations as “a sensible starting point for the Buckeye state.”  

“Unlike recent legalization states like New York that opted to draft legalization regulations from scratch, the Ohio rules clearly borrowed ideas from earlier states—resulting in a refreshing level of sophistication and understanding of the needs of both cannabis consumers and business owners,” he wrote in an email to High Times. “These regulations include commonsense ‘best practices’ for businesses in important areas like waste disposal and quality assurance, which should lead to a smooth roll-out and ongoing operations. Consumers will be able to access cannabis from stores until 11 p.m. and through drive-up windows, which will foster widespread access.”

The DCC is accepting public comments on the proposed adult-use cannabis regulations through April 17. The agency noted that the rules have not yet been finalized and are subject to change by state lawmakers.

“The following information is based on the initiated statute ballot measure approved by voters. Because it is an initiated statute, it may be amended by the state legislature,” the proposal reads. “Any amendments to the statute could impact the timeline for the rulemaking and licensing processes, and dispensary sales.”

The Cleveland School of Cannabis (CSC), located in Independence, Ohio, announced on March 6 that it is the first cannabis school in the U.S. to be recognized through the Middle States Association-CESS. “The accreditation of CSC by Middle States Association-CESS (MSA-CESS) marks a significant step forward for the cannabis industry, driven by a broader acceptance of cannabis and its related fields within the formal education system,” CSC wrote in a press release. “With over 1,100 graduates, CSC has already made substantial contributions to the workforce and knowledge base of the cannabis industry. This formal recognition could pave the way for further advancements in cannabis research, education, and professional development, bridging the gap between the burgeoning cannabis market and academic legitimacy.” Technically, the college received accreditation in December 2023, but the school only recently published the announcement.

For more than 130 years, Middle States Association-CESS has been operating as a voluntary non-profit association that evaluates and performs accreditation of both public and private schools. Accreditation demonstrates if a school is maintaining a specific level of quality and performance through five categories: foundations, governance and organization, student well-being, resources, and teaching and learning.

The press release explained that this decision was made in part because the federal government is researching and discussing cannabis rescheduling. “Following a recommendation by the U.S. Department of Health to reschedule cannabis as a Schedule III substance, CSC’s recognition by the Department of Education could be an early indicator of changing attitudes within the federal government towards cannabis,” CSC wrote. “Rescheduling cannabis would acknowledge its medical benefits and could notably impact the regulatory landscape. This could potentially ease restrictions on research, banking, and taxation within the cannabis industry.”

CSC’s accreditation was awarded in part because it recently moved into a new building with access to a grow lab, processing lab, kitchen, mock dispensary, and virtual reality lab. “CSC’s newest additions were developed to upgrade the learning experience for students to enhance student learning through practical, hands-on education in cannabis cultivation, processing, cooking, and sales,” the press release stated. “This approach not only readies students for the cannabis industry’s intricacies but also boosts their job prospects by offering a deep dive into the sector.”

Additionally, CSC utilizes more recent technological innovations such as VR and gaming engines to create digital versions of their labs for remote students to utilize. For example, it hosts a 16-week “My First Plant” virtual course to teach consumers how to grow cannabis at home.

A spokesperson from the U.S. Department of Education told The Canton Repository in a statement that while CSC is accredited, the school “is not approved by the Department to participate in Title IV or other programs under the Higher Education Act.” Students attending accredited schools are eligible for financial aid, but in this case it’s not clear that CSC would qualify.

CSC has been operating since 2017 and has had 1,100 students graduate through its various programs. On Feb. 29, Cannabis Business Times published an interview with CSC founder Austin Briggs. “It hasn’t been easy running a cannabis business in Ohio,” Briggs said. “For things as little as occupancy permits, we had to fight tooth and nail. For a largely conservative state, Ohio citizens have shown wide support for cannabis, both medical and recreational. But there still seems to be a tremendous amount of resistance from the government in supporting cannabis programs in Ohio. With the passing of Issue 2 and our accreditation, I’m hoping this will be a turning point for Ohio policy.”

CSC President Tyrone Russell also provided a statement regarding how the school trains students and connects them with jobs in the industry. “Workforce development and education is the key to socioeconomic mobility,” said Russell. “Companies have to hire people from their communities, and that only happens if those community members have access to education. In Ohio, you can go to your Ohio means jobs office, and get a grant to be a barber, welder, truck driver, contractor, or nail technician, but not to work in cannabis.”

Other educational institutions have been increasing cannabis education over the past few years.

Back in 2019, the University of Maryland announced one of the first medical cannabis Master’s degree programs. Since then, many other institutions have introduced some form of education program or degree revolving around cannabis. Last November, the University of Mississippi School of Pharmacy announced a new medical degree in medical cannabis and dietary supplements.

Earlier this year in January, Roanoke College in Virginia announced its launch of a new cannabis studies program. I commend the faculty for developing a transdisciplinary academic program that fills a significant educational gap,” said vice president for academic affairs and dean of Roanoke College, Kathy Wolfe. “With this program, Roanoke College continues to lead in science, policy, business and community engagement.” 

Professor DorothyBelle “DB” Poli helped to establish the new program. “Students are interested in this industry,” Poli said. “Being the first in the state to approach cannabis from a scholarly perspective is inventive and entrepreneurial. We hope to help bring clarity to tough problems by creating a truly multidisciplinary think tank.”

Ohio’s progress on cannabis has come to a temporary halt after House legislators fail to move the bill forward.

Last week Ohio House Speaker Jason Stephens spoke to reporters, calling cannabis a “complex issue.” Voters approved Issue 2 at the ballot in November 2023, which took effect on Dec. 7, but since it was a citizen initiative, legislators have the power to add changes to the law after it has been approved by voters. Two bills, House Bill 86 and House Bill 354, would implement certain changes to the law established by the voter initiative, but legislators have not moved forward with either of them yet.

House Bill 86 was initially introduced in February 2023, and would implement a few changes to the law established by Issue 2. HB-86 passed in the house between May and June 2023, and was introduced into the Senate in September. The Senate approved changes to the law by December, which includes automatic expungements and funding for the program, establishing a grace period for medical cannabis dispensaries to sell adult-use cannabis for 90 days after Dec. 7 (instead of nine months), expanding license eligibility, and funding the 988 suicide hotline. “In spite of the initial bills proposed by the House and Senate majorities which reduced the provisions in Issue 2 adopted by the people of Ohio, the Senate Democratic minority held the line and successfully negotiated a compromise bill that would salvage the voice of the people,” said Sen. Vernon Sykes in a press release in December.

The Senate changes were sent to the House, which made no action to further the bill as of the session on Feb. 7.

Despite any current or future changes, Issue 2 will still proceed as planned though. “Issue 2 puts in place a full regulatory framework … We don’t need the legislature to do anything,” explained Tom Haren, the spokesperson for the group behind Issue 2, Coalition to Regulate Marijuana Like Alcohol.

Issue 2 also called for the creation of the Division of Cannabis Control (DCC) as part of the Ohio Department of Commerce, which will oversee the development of rules to regulate adult-use cannabis sales. According to the Ohio Capital Journal, the DCC is expected to have those rules in place by June 7. Provisional licenses will be given to non-medical cannabis facilities by Sept. 7, according to an email statement provided to the new outlet by Ohio Department of Commerce Public Information Officer Jamie Crawford. 

The complexity that Stephens cited is due to two factors: first, setting up the process in how to determine who gets a dispensary license, and second, how to tackle tax revenue. “That’s where we are in our discussions and our priority right now is having those thorough discussions as there was a long runway for this issue, so we still have some time to do that,” said Stephens.

When HB-86 was first introduced, the text focused on altering state liquor laws and not cannabis. If the bill’s changes were to be passed, it would establish a cannabis tax rate increase of 15% (Issue 2 set the tax rate at 10%). It would also allow city and county governments the ability establish their own additional taxes on top of a 3% excise tax. Home growing would be permitted for residents (up to six plants), and automatic expungements would be pursued for anyone who possessed 2.5 ounces of cannabis or less. If the bill makes it to Ohio Gov. Mike DeWine’s desk, all of these changes and more would take effect 90 days after the signing occurs.

Additionally, HB-86 would distribute revenue funds to a variety of outlets, including county jail construction (28%), Department of Public Safety law enforcement training (19%), Attorney General law enforcement training (14%), substance abuse and treatment funds (11%), the 988 Suicide & Crisis Lifeline fund (9%), cannabis receipts drug law enforcement fund (5%), cannabis expungements fund (5%), safe driver training fund (5%), Ohio Investigative Unit Operations fund (4%), Division of Marijuana Control Operations fund (3%), and cannabis poison control fund (2%).

While progress has ceased for now, some legislators are hopeful to see traction when the House resumes action on April 10. I think that everyone agrees that there are certain aspects of this legislation that weren’t adequately addressed in Issue 2, and we’ve talked about many different components,” said House Minority Leader Allison Russo. “I think there’s a lot of agreement on some things and then still many discussions that need to be had about other aspects.”

Haren is also confident that progress will be made in just a few months. “It’s been unfortunate to see some members of the General Assembly so quickly try to subvert the will of the voters through House Bill 86, for instance,” said Haren. “But I’m encouraged the House is obviously taking a much more deliberate approach.”

Separately, House Bill 354 was introduced last December as well, which aims to clarify Issue 2’s current language. While home cultivation would still be allowed, HB-354 specifies that growing must take place at a person’s home residence. It would also change the percentages of which agencies that cannabis tax revenue would be given to, including a community cannabis fund (36%), social equity fund and job fund (36%), substance abuse through the 988 Suicide & Crisis Lifeline fund (12.5%), additional substance abuse and addiction funds (10%), the Division of Marijuana Control and Department of Taxation (3%), and the Department of Mental Health and Addiction Services (2.5%).

Ohio Governor Mike DeWine last week called on state lawmakers to pass legislation to ban hemp products with psychotropic cannabinoids such as delta-8 THC, saying that the intoxicating products pose a risk to children. The legislature reconvenes this month, with lawmakers already planning to consider new legislation to regulate recreational marijuana, which was legalized by the state’s voters in November. 

The House of Representatives is expected to return to the Ohio Statehouse on Wednesday, two weeks earlier than planned. The Senate will also return to session later this month, with cannabis regulation one of the top priorities for the state’s lawmakers.

Ohio voters legalized recreational marijuana with the passage of Question 2 in the 2023 off-year election. The initiative legalizes cannabis for use by adults and sets the stage for regulated sales of recreational marijuana.

The legislature’s Republican majority is planning to pass legislation to more closely regulate adult-use cannabis in the state. And at a press conference on January 3, the Republican governor called on lawmakers to pass legislation banning intoxicating hemp products including delta-8 THC and hemp-derived delta-9 THC, the cannabinoid largely responsible for the “high” experienced when smoking marijuana. 

“It is intoxicating, it is something that needs to be banned, and again, the legislature could ban it,” DeWine said in a statement cited by local media. “These hemp products can be sold anywhere in the state of Ohio, and we have no jurisdiction, we have no laws to prohibit that, we can do absolutely nothing.”

DeWine and GOP leaders in the legislature had originally hoped to pass a bill restricting some provisions of Question 2 before the initiative went into effect on December 7. After failing to reach a consensus, however, lawmakers delayed work on the legislation until the new legislative session. 

House Reconvenes This Week

The House is returning early to attempt to override DeWine’s veto of a bill limiting gender-affirming healthcare for children. In his remarks last week, the governor said the early return would allow lawmakers to revisit cannabis regulation, noting that he is concerned the lack of regulation will encourage unregulated marijuana sales. 

“I will just say that since the house is coming back next week, this might be a good time to take up and deal again, something they did not do, which is to deal with the marijuana issue,” said DeWine. “We still have a situation in Ohio every single day where people can use marijuana, they can possess marijuana, they can even plant marijuana, grow it, but they can’t buy the seeds, legally they can’t buy marijuana.”

The governor added that if the House is unable to pass legislation to regulate marijuana, he hopes that lawmakers will shift their focus to regulating intoxicating hemp products.

“At the very least, if they can’t do that, I would hope they can deal with something that is very real across the state of Ohio and that is intoxicating hemp,” said DeWine. “I can take you, if you drive from here to the governor’s residence, we can take you to a place right there where kids, 12, 13, 14, any age can walk in and buy it.”

Republican Senator Huffman is currently working on a bill to regulate intoxicating hemp products that is based on language contained in the state Senate’s proposal to regulate marijuana. Huffman said he wants to ensure that the legislation is balanced with concerns from the state’s hemp retailers, who say that a bill that is too restrictive could harm the industry. 

“There are some really good CBD products out there, but there’s others that are manufactured in a way that are intoxicating and not safe,” Huffman said in an interview with Statehouse News Bureau, noting that language in a state budget proposal to regulate delta-8 THC and delta-9 THC was removed from the proposal last summer.

In his comments last week, DeWine acknowledged Huffman’s efforts, noting that it might take a separate hemp cannabinoid regulation bill to pass muster with lawmakers in the state House of Representatives.

“I know that the House has said they don’t want to take up marijuana in the same bill that they do intoxicating hemp,” said DeWine. “So, what Senator Huffman has started to do, and I just want to congratulate him and thank him for that, he is now drafting a separate bill.”

The governor emphasized that state lawmakers should move quickly on regulating hemp cannabinoids in the interest of protecting children in Ohio.

“If we want to talk about protecting kids, dealing with intoxicating hemp is something we need to deal with,” the governor said.

Cleveland, Ohio’s mayor announced the city would end its “antiquated” rules for employment, specifically removing the practice of drug-testing job applicants for cannabis.

Mayor Justin M. Bibb announced Dec. 7 that the City of Cleveland has “modernized” its Drug and Alcohol Testing Policy to remove certain language around pre-employment cannabis testing that previously automatically disqualified job applicants. It’s his latest move after pushing to expunge low-level cannabis convictions.

Pre-employment testing for city jobs will now be limited to only a few select positions that are identified as safety or security-sensitive, as well as positions that fall under the federal government’s Department of Transportation (DOT).  

The announcement was released on the same day that Issue 2 became law. Over 57% of voters in Ohio—and over 75% of Clevelanders—approved the bill 30 days ago. That means Cleveland residents approve of adult-use cannabis, three to one.

“The criminalization of marijuana in our state and the punitive effects it has had on education, housing, and employment opportunities have lasted far too long, but will eventually be a thing of the past—thanks to Ohioans who made their voices heard loud and clear last month when they voted to approve Issue 2,” said Mayor Bibb. “We are proud to continue leading the way by rolling out these updates, which builds on our prior marijuana reform efforts and other initiatives aimed at improving our HR policies.”

The following jobs are considered safety sensitive and will continue to drug test for pot:

• Police
• Fire
• EMS
• Department of Port Control
• Positions requiring a commercial driver’s license (CDL)
• Positions operating heavy equipment or mechanical tools

“We are constantly evaluating our policies to ensure they align with the needs and desires of both our current and prospective employees,” Director of Human Resources Matt Cole said in the release. “Pre-employment screening can oftentimes create obstacles in filling open positions by preventing otherwise qualified candidates from even applying. These policy updates are more cost-effective and will ultimately help us widen the applicant pool for several city positions.”

The city of Baltimore, as well as Washington, Nevada, and Montana have enacted similar policies, and leaders in Cleveland noticed. Despite these changes, the city will still follow rules and regulations when it comes to the Drug-Free Workplace Act.

“Maintaining a drug-free workplace is needed for obvious reasons, but it’s also important for us to be cognizant of the fact that the state is still finalizing regulation, taxation, and licensing terms and processes,” Law Director Mark Griffin said in the release. “We will be keeping a keen eye on how things get sorted out in the legislature and court system, and will adapt procedures and update policy as necessary as the situation evolves in Columbus.”

Mayor Justin Bibb

The city noted that in 2022, the Bibb Administration filed motions to expunge over 4,000 cannabis-related conviction records and then pushed for changes to State law to simplify the expungement process. 

Thanks to these efforts, Ohio Senate Bill 288 was signed into law and took effect last April, allowing city officials to expunge records more efficiently and effectively. City officials also have partnered with other agencies to hold multiple expungement clinics.  

The Bibb Administration has also spearheaded various other HR policy-related updates since the mayor took office, including opening City Hall’s first gender-inclusive restroom last June and offering employees a new comprehensive paid parental leave policy.

Bibb was young when he won office at age 34 as the city’s first millennial mayor. Last May, he moved to expunge low-level cannabis convictions. 

“I talked to so many residents who couldn’t get a job, who couldn’t get access to a student loan, who couldn’t get access to qualify for housing because they had collateral sanctions on their record, many of which stem from low-level marijuana convictions,” Bibb said.

Grants to cover filing fees and expungement clinics are rolling out to make expungements possible. “We knew we were going to face some uphill battles in the legal system,” he said.

Bibb also advocated for Senate Bill 288, which was signed into law by Ohio Gov. Mike DeWine last January. The bill helps enable the city of Cleveland to provide expungements by removing barriers that previously hindered Bibb’s attempts to expunge records even earlier.  

“We try to fight on behalf of our residents,” Bibb said.

The Bibb administration also worked to notify eligible people with cannabis conviction records. After that, the city filed motions on behalf of those people using a $10,000 grant to help pay for filing fees related to expungement and the sealing of records. The city is working with organizations to host expungement clinics where people can file and close their cases, without going to court. 

Ohio Gov. Mike DeWine claimed last week that fentanyl-laced pot is a threat to the state as he urged last-minute changes to the law Ohio voters approved last month, but one doctor—trained in the field of overdose prevention—said those stories have been debunked and shouldn’t be perpetuated by leaders. Instead, they should focus on real issues such as fentanyl that’s administered in other ways.

On Nov. 7, voters in Ohio approved a ballot proposal, Issue 2, to legalize adult-use cannabis, making Ohio the 24th state to allow adult-cannabis, 14 of which have done so by way of a public vote. 

On Dec. 6, hours before the deadline, the GOP-dominant Ohio Senate approved HB 86, last-minute changes to the law voters approved. They weren’t able to get rid of home grow, but reduced the home grow limit from 12 plants to six, and added a few more changes to the legislation.

But as DeWine made his final pleas to tweak the law, he regurgitated a common myth about cannabis: that drug dealers are lacing pot with fentanyl. Tabloids like the Daily Mail like to run with it. High Times has reported since 2017 that fentanyl-laced pot is a myth that has been debunked, even by Snopes, rated “false.” A Harvard-trained doctor specializing in opioid abuse told us the same thing in 2021.

“This black market will just take off,” DeWine said Dec. 6, explaining the dangers of legalization. “People will be getting it from many sources, none of them legally. Without this bill, people could be buying marijuana that has fentanyl in it. The leading cause of death in the state of Ohio of overdoses is fentanyl, 80% of our deaths.” 

Florida Gov. Ron DeSantis also shared the same myth as the reason he won’t legalize adult-use pot if elected, saying “… I think it’s a lot different than stuff that people were using 30 or 40 years ago. And I think when kids get on that, I think it causes a lot of problems. And then, of course, you know, they can throw fentanyl in any of this stuff now.”

NBC affiliate WCMH in Ohio interviewed a local doctor who dismissed the myth that was shared by Gov. DeWine.

Dr. Tasha Turner-Bicknell, an associate professor at the University of Cincinnati College of Nursing, is laser-focused on overdose prevention. She told WCHM that during her time as a researcher with Harm Reduction Ohio, where she sits on the board of directors, she has been unable to find a single shred of proof that fentanyl is being found in cannabis. It doesn’t actually have any basis in reality when samples are tested for fentanyl, she said.

“It’s something that is talked about and it’s covered in the media, but then when actual tests are run in state or government labs it always comes back negative,” Turner-Bicknell said. “We really don’t have any evidence at all that there is any proof of any such thing as fentanyl in marijuana.”

Turner-Bicknell called the concept of fentanyl-laced marijuana a myth. She said one reason is the different temperatures that marijuana and fentanyl have to be burned at to be smoked.”

“The way that (fentanyl) would be smoked, it would not really be combustible at the same temperature that marijuana would be burned at,” Turner-Bicknell said. “So, when you talk to people about it more in-depth, it’s also something that’s not really possible, that there would be fentanyl in marijuana and that it would be smoked.”

Other Addiction Doctors Agree Fentanyl-Laced Pot is Unlikely

In a February interview with NewsNation, toxicologist Dr. Ryan Marino agreed that fentanyl isn’t exactly feasible if smoked or vaped.

Two years ago a doctor told High Times virtually the same thing, that fentanyl is administered in other ways, not on pot, which wouldn’t make much sense for drug dealers to do as it breaks down when smoked or vaped.

Harvard-trained Peter Grinspoon, M.D. is an Internist and medical cannabis specialist at Massachusetts General Hospital and an Instructor at Harvard Medical School. He is author of books such as Free Refills: A Doctor Confronts His Addiction, also a new book Seeing Through the Smoke: A Cannabis Specialist Untangles the Truth about Marijuana, and son of cannabis activist Dr. Lester Grinspoon.

When unverified leads of fentanyl-laced cannabis emerge, “It creates fear,” Dr. Grinspoon told High Times in 2021. “Whenever there’s information about drugs—particularly cannabis—which is incredible, it makes it much harder for public health officials to get information that is credible out there. It’s like The Boy Who Cried Wolf—so it’s like the D.A.R.E. program. They said that cannabis does this, this, this and this, and teenagers didn’t believe it because it was against their lived experience. It sort of disqualified their other messages about drugs which are actually more dangerous—like heroin or alcohol. It just discredits the ‘official’ sources of information.” 

“The story is bizarre anyways, because it’s unclear if you can consume fentanyl in that way—by smoking,” Dr. Grinspoon said. “Some drugs you can smoke, like cocaine, freebased as crack. But fentanyl tends to disintegrate starting at about 500 degrees [F], and it fully disintegrates at about 1000 degrees. When you smoke—you’re talking about 2,000 degrees.” 

He didn’t completely rule out the credibility of these stories, however.

Republican U.S. Representative David Joyce of Ohio will soon introduce a new bill to legalize cannabis at the federal level, according to a report from Forbes published on Wednesday. 

The new legislation is characterized as a “modernized” version of a bill Joyce introduced in 2019 known as the STATES Act. Although the measure has not yet been formally introduced in the House of Representatives, a draft of Joyce’s new bill is titled the STATES 2.0 Act. 

If passed, the legislation would remove cannabis from Schedule l of the federal Controlled Substances Act (CSA). However, cannabis products that are grown or manufactured outside of a state-regulated market would remain illegal under federal law, allowing states that do not want to legalize marijuana a way to maintain prohibition within their jurisdictions.

“States and [Native American] tribes have had enough with the federal government’s half-in-half-out approach that is applied without rhyme or reason,” Joyce, the co-chair of the Congressional Cannabis Caucus, told Forbes in an interview. “Numerous tribes and over 40 states now, including my own, have made it clear that the federal government needs to support their cannabis laws. I’m hopeful this legislation will do just that.”

Despite the popularity of cannabis legalization, political leaders in many states would prefer to keep recreational marijuana illegal. With provisions that maintain the federal illegality of marijuana produced outside of a regulated market, Joyce’s bill allows states to take the lead on cannabis policy.

“This legislation would make it the federal government’s policy to recognize and legitimize the decisions of each state,” said a spokesperson for the congressman. “If the state decides they want to remain prohibitory, the federal government will provide enforcement, if a state decides they want to legalize, the federal government will provide regulation.”

Federal Agencies Would Regulate Cannabis

Joyce’s bill tasks the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) with regulating cannabis at the federal level, similar to the agency’s responsibilities for regulating alcohol. The TTB would issue permits for state-regulated cannabis companies, maintain a track-and-trace system to monitor the production and movement of marijuana and cannabis products, collect taxes and enforce penalties. The Food and Drug Administration (FDA) would be responsible for regulating cannabis-infused foods and products that make medical claims under the authority of the Food, Drug and Cosmetics Act. 

The federal government’s activities to regulate cannabis would be funded by a federal excise tax, although the bill does not include a specific tax rate. The legislation does, however, call for federal taxes to be set “low enough so as not to exacerbate state taxes,” according to the Forbes report.

Joyce’s bill does not prohibit the interstate trade of cannabis, setting the stage for a truly national market for regulated cannabis. The regulated cannabis industry would also be free of an IRS regulation known as 280e that denies most standard business tax business, a development that would prop up the industry rife with operators struggling to make ends meet because of high taxes and regulatory fees.

Shawn Hauser,  a partner at the cannabis law firm Vicente LLP, said that under the bill, “cannabis activity in legal, regulated states would no longer be considered trafficking under the CSA and would be subject to federal regulation and protections, while federal illegality would be upheld in states who have not yet legalized marijuana.”

“This gives us a clear, immediate path to resolving the federal-state cannabis conflict,” Hauser wrote in an email to High Times. “This bill is a promising development as it is a state rights approach preferred by opponents of legalization.”

Andrew Freedman, the executive director of the Washington, D.C.-based nonprofit Coalition for Cannabis Policy, Education and Regulation, collaborated with Joyce and his staff on the bill. He sees this legislation as an avenue to appeal to lawmakers who are currently against reforming the nation’s marijuana laws.

“Despite cannabis pulling at 70%, it remains extremely divisive,” said Freedman. “If we’re going move forward as a country on this, we’re going have to acknowledge the realities of the fact that over half of America now has access to adult-use cannabis, while not saying this has to happen everywhere.”

Freedman added that he believes Joyce’s bill could gain support in Congress, despite the dysfunction in the House of Representatives that culminated with the removal of California GOP Representative Kevin McCarthy as Speaker of the House in October.

“Because it has something today that is helpful to states that don’t want legalization, it has a political power that potentially no other bill has,” Freedman said. “In theory, this has everything that a Republican should want, while moving away from the nonsensical stance the federal government has had on cannabis.”

Joyce drafted the new STATES 2.0 Act in collaboration with several other lawmakers, at least some of whom are expected to sign on as co-sponsors of the legislation. Joyce’s legislative team also received input from stakeholders and groups including Americans for Prosperity, a conservative political advocacy organization founded by billionaire Charles Koch. A spokesperson for Joyce said that the congressman expects to introduce the bill in the House of Representatives sometime this week.

“This is a significant step in the right direction for cannabis reform! Removing marijuana from Schedule I is long overdue, and the STATES 2.0 Act addresses two major concerns for the industry: the unfair 280e tax burden and the limitations on interstate commerce,” Jeffrey M. Zucker, president of Denver-based cannabis consulting firm Green Lion Partners, tells High Times. “Both of these changes are crucial for the responsible growth and development of the legal cannabis market.”

Republican Ohio Gov. Mike DeWine called on state legislators to amend and whittle down the provisions of Issue 2, the law voters in the state just approved, before the bill takes effect on Dec. 7. And since Issue 2 is a citizen initiative, Ohio lawmakers could lawfully make changes to the law, but they only have about a month to do so. 

Ohio Capital Journal reports that less than two days after voters approved adult-use cannabis in Ohio, the governor wants to scale it back.

“My recommendation to the General Assembly is that they take action to make sure that both rights are protected,” DeWine said Thursday. “People have a right to smoke it. People have a right to consume it. But also that everybody else’s who doesn’t choose to do so is also protected with their rights as well.”

DeWine is “already plotting to change Ohio’s legal weed law,” Benzinga reports. 

The people who fought hard to campaign for Issue 2 are ready for a battle. “I can’t believe in 2023 we’re actually talking about elected officials not respecting the will of the voters and not respecting the outcome of an election,” Tom Haren, spokesperson for the Coalition To Regulate Marijuana Like Alcohol, which led Issue 2, told the Columbus Dispatch.

The governor claims he’s not ignoring the will of his constituents. “We respect what the people have done,” DeWine said, suggesting that he’s not in fact going against the will of Ohio voters. “What the people have clearly told us is they want legal marijuana in Ohio. We are going to see that they have that. We’re also going to live up to our responsibility to all the people in the state of Ohio, whether they voted for it or voted against it. In doing so, he wants to make sure various protections are in place, starting with Ohio’s children.”

The people in Ohio have already decided. Nov. 7, voters in Ohio approved a ballot proposal, Issue 2, to legalize adult-use cannabis, beating out voters in opposition to the measure. The election’s outcome makes Ohio the 24th state to allow adult-cannabis, 14 of which have done so via a public vote. 

Per the new legislation, adults ages 21 and up can legally buy and possess up to 2.5 ounces of cannabis and grow plants at home—up to six plants per person and 12 plants per residence, where at least two adults reside. A 10% tax will be imposed on cannabis purchases and will go toward administrative costs, addiction treatment, municipalities with dispensaries, and social equity and jobs programs.

Ohio Senate President Matt Huffman, who also voiced opposition to the bill, said lawmakers could clarify language “regarding  limits for THC and tax rates as well as other parts of the statute.”

Ohio House Speaker Jason Stephens (R-Kitts Hill) agreed. “Now is the time for the legislature to lead on how best to allocate tax revenues while responsibly regulating the industry,” Stephens said in a statement.

A similar scaled-back cannabis law took place in Utah in 2019. House Bill 3001, which lawmakers passed in a legislative special session, was installed by the Republican-dominated Utah Legislature in response to the voter-approved Proposition 2, which Utah voters approved in November 2018.

HB 3001 was supposedly a “compromise bill.” But critics of the bill say that H.B. 3001 actually functions as a replacement to Proposition 2. Organizations and people such as Rocky Anderson sued the state for attempting to undo the will of voters. Could the same happen in Ohio?

Protect the Children

“One goal will be to make sure that they are protected from advertising in regard to marijuana,” DeWine said. “We want to do everything within our power to reduce the number of inadvertent consumption of gummy bears, cookies and other products that have marijuana.”

Fueling the myth that adults are passing out edibles to trick-or-treaters, an actual incident re-sparked fears that cannabis is a threat to children.

In 2022, a 10-year-old student at Upper Arlington elementary school brought her dad’s infused gummies to school and shared with them with fellow students at lunch. After eating the gummies, the students became sick and were all taken to a local hospital for treatment.

“We have every responsibility to do everything we can to keep those [emergency room visits] numbers down as much as we can,” DeWine said.  

DeWine also wants to reduce the number of drivers who smoke cannabis. Opposition group Protect Ohio Workers and Families claim that if Ohio legalizes pot, it would be subject to an additional 48 fatal vehicle crashes and 2,298 more injury crashes per year if Issue 2 passed.

“I would hope … that when Dec. 7 comes and goes that we will be able to inform the people of the state exactly how this program will roll out,” he said. “I think it would be good if that was all done by the 7th so that we’re not in a situation of taking something away from people.”