Is Ohio already the most interesting laboratory of democracy for marijuana reform?

A number of smart folks have talked about state-level marijuana reform as, in the words of GOP Prez candidate Ted Cruz,  “a great embodiment of what Supreme Court Justice Louis Brandeis called ‘the laboratories of democracy.’”   These two new stories about marijuana reform efforts in Ohio has me thinking that the Buckeye state is already in the midst of one of the most interesting and dynamic experimental forms:

 “A medical marijuana farm for Ohio?“

Excerpt: Dr. Suresh Gupta ticked off a list of conditions that marijuana could help alleviate: nausea, cancer, glaucoma, HIV, post-traumatic stress disorder, irritable bowel syndrome…. Gupta is one of several wealthy donors who contributed millions to help bankroll ResponsibleOhio’s effort to place marijuana legalization on the ballot and limit marijuana growing facilities to 10 locations….

Gupta, along with a Columbus co-investor, wants to grow multiple types of marijuana at the Pataskala facility, focusing on treating specific conditions.  The nine other marijuana farms will focus on growing marijuana to be sold at retail stores.  He also plans to use about 40,000 square feet for a research facility he’s calling the International Cannabis Institute.  There, researchers, chemists and microbiologists would study the makeup of each crop and replicate the best strains, Gupta said.  “In the United States, there’s virtually no research being done,” Gupta said.

“ResponsibleOhio moves marijuana offense expungement law forward“

Excerpt: The group behind November’s marijuana legalization initiative said Tuesday it had collected more than enough signatures to advance a separate measure that would allow marijuana convictions to be purged. ResponsibleOhio, the group backing Issue 3, said it collected 236,759 signatures of registered Ohio voters to put the Fresh Start Act before state lawmakers next year — 91,677 are needed to qualify….

Issue 3 would legalize recreational and medical marijuana sales and use for adults over age 21. Commercial growing would be limited to 10 sites belonging to initiative backers, and Ohioans could grow small amounts of marijuana at home. The Fresh Start Act would allow people with convictions made legal by Issue 3 and offenses made legal in the future to file a petition in court to reduce or eliminate their sentences or expunge, or destroy, their criminal records….

ResponsibleOhio Executive Director Ian James said many low-level offenders are unable to obtain employment or secure housing because of criminal background checks. “This allows people ability to move forward,” James said at a news conference with several Ohio clergy members.

As an initiated statute, the Fresh Start Act would go before the legislature in January 2016. Lawmakers would have four months to pass the bill, pass a revised version, or reject the bill. If the language is changed or rejected, ResponsibleOhio would have to collect some 92,000 more signatures to put the measure before voters.

The Fresh Start Act would not automatically erase records or free inmates, and it wouldn’t apply to federal marijuana offenses. Offenses that are illegal now and would remain illegal under Issue 3, such as driving under the influence of marijuana, would not be eligible for expungement under the proposed law.

Both of these stories suggest marijuana legalization in Ohio, if passed by voters this Novermber, would trigger novel legal and practical development that could significant reshape future marijuana reform efforts. Indeed, the existing ballot measure in Ohio, Issue 3, is already novel and interesting because it is trying to get Ohioians to support moving from blanket prohibition to full legalization in one vote and the effort is being backrolled by a group of investors poised to have a legal advantage in the future marijuana market based on the provisions of Issue 3.

How these experimental elements of proposed reform play out in the Buckeye state is already making Ohio a laboratory of democracy worth watching. And if Issue 3 is approved by voters, Ohio seems sure to have lots of experimental developments and data that should help advance the national dialogue and debate on these matters for years to come.