Cannabis Regulatory Update: Florida's Debate On Gun Rights & Cannabis, New Legalization Highlights In OH, PA & ME

Firearms Rights & Marijuana: Florida Official Sheds Light On Lawsuit Around Legal Marijuana Users & Background Checks

Florida’s agriculture commissioner Nikki Fried (D) filed a lawsuit against the Biden administration last month to shed light on the issue of medical cannabis patients and their Second Amendment right to purchase and possess firearms.

Fried, who is running for governor, held a meeting with gun violence prevention activists on Thursday to address the move, reported Marijuana Moment.

Apparently, putting the gun rights issues with cannabis advocacy in the same basket as cannabis advocacy raised some eyebrows among the prevention community.

Fred Guttenberg, whose daughter Jaime was killed in the 2018 Parkland shooting, helped facilitate a conversation during a virtual meeting.

When he first read about Fried’s lawsuit, Guttenberg’s “initial instinct was not to understand what the commissioner was doing,” he told Marijuana Moment in a phone interview on Friday.

However, after a phone call with Fried, Guttenberg had a clearer picture of her intentions. “She explained everything about the lawsuit—what she was doing and why—and it made total sense to me. But I needed that information,” Guttenberg said.

Fried “wants to bring all legal, lawful people into the process of having a background check” to buy a firearm, “and, candidly, I support that,” Guttenberg continued.

“You know, I think everyone understood that this isn’t an effort to weaken gun laws,” he added. “It’s actually an effort to ensure that more people who are going to end up getting guns one way or another do it with a background check. I think that came through loud and clear while supporting the reality that this is a country that is moving towards legalization of marijuana, and we have to deal with this.”

Ohio Activists File Lawsuit To Help Put Cannabis Legalization Initiative On November Ballot

In January, Ohio cannabis activists submitted more than enough valid signatures (about 133,000) for state lawmakers to consider the proposal, which would allow Ohio adults over 21 to buy and possess up to 2.5 ounces of cannabis, 15 grams of concentrates, and grow up to six plants individually and no more than 12 per household. Lawmakers were given four months to act on the proposal.

If they don't pass the reform by May 28, the Coalition to Regulate Marijuana Like Alcohol (CRTMLA) will need to collect an additional 132,887 valid signatures to qualify for the ballot.

Now, it seems that a goal of placing marijuana legalization on Ohio’s November ballot may be in jeopardy, with a potential legal dilemma that threatens to prevent activists from garnering the additional batch of signatures, reported Marijuana Moment.

On Friday, CTRMLA filed a complaint about declaratory judgment in the Franklin County Court of Common Pleas, wishing to avoid a potential legal argument that could threaten the initiative over the timing of the group’s initial signature submission to the state.

After CTRMLA turned in signatures on December 20, the secretary of state’s office deemed them insufficient at the time. The activists then turned the additional petitions with the state on January 13, thus being able to trigger the legislative review of the measure.

The potential legal dilemma has to do with the state Constitution, which states that a ballot petition must be turned in “not less than ten days prior to the commencement of any session of the general assembly.” In Ohio, the session kicked off on January 19, only six days following the submission of additional petitions.

“We’re going to court to protect the rights of the over 200,000 Ohio citizens that signed our petition and called for the legislature to take action,” CTRMLA spokesman Tom Haren said in a press release on Friday.

“Ohioans on both sides of the aisle overwhelmingly support the legalization of marijuana,” Haren, who is also seeking an expedited review of the case because of the urgency of a resolution, said. “We look forward to giving Ohioans the opportunity to decide the question of legalization for themselves on November 8, 2022.”

Pennsylvania House File Marijuana Banking And Tax Reform Bill On Heels Of Senate Green-Lightning Its Version

A companion bill to a Senate-passed measure that seeks to provide banking protections and tax relief for marijuana businesses was filed by Pennsylvania House lawmakers last week, reported Marijuana Moment.

On Wednesday, Rep. Christopher Rabb (D) and colleagues formally filed the companion bill. The Senate version advanced through the chamber last month.

Both legislations – which are now awaiting action in the House Commerce Committee - aim to provide state-level protections to banks and insurers that do business with medical cannabis operators in the Keystone State.

However, the newer House bill addresses tax credit eligibility for the market that was removed from the Senate measure as it moved through the body before final passage.

Due to federal prohibitions, cannabis businesses are currently prohibited from making tax deductions that companies in other industries that are more traditional are entitled to.

Maine Based Cannabis Operation Poised To Get Federal Approval To Grow Marijuana For Research

Florida-based Maridose LLC is seeking to grow cannabis for medical research in Maine.

Being one of the at least 37 companies that have applied to the U.S. Drug Enforcement Administration to grow cannabis for federal research, Maridose seems to be in the final stages of obtaining a license, Central Maine writes.

In 2016, DEA revealed its plans to open up its marijuana cultivation contract to growers other than the University of Mississippi has had a monopoly over the cultivation of cannabis for federally sanctioned research for over five decades.

“Although no drug product made from marijuana has yet been shown to be safe and effective in such clinical trials, DEA … fully supports expanding research into the potential medical utility of marijuana and its chemical constituents,” the agency said in its policy statement.

Richard Shain, a former Procter & Gamble executive and product development specialist, partnered with Tikun Olam, Israel’s legal grower and supplier of medical pot, to launch Maridose following the DEA’s announcement.

The collaboration resulted in a shop in TechPlace, Brunswick Landing-based business incubator facility. Local DEA officials completed their final inspection of the Brunswick Landing facility on April 21. The company is currently waiting on the final green light from the federal office, Shain revealed.

“We won’t be sitting there with 50 pounds of cannabis, waiting to sell it to the researchers,” he said. “We’re not planning on growing mass generic strains. We will custom-grow the amount needed for the study.”

In the meantime, several marijuana-related bills became law recently absent the signature of Democratic Gov. Janet Mills.

Photo: Courtesy of Jeff W on Unsplash