Cheech And Chong Didn't Sign This Petition

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
Cheech and Chong didn't sign this petition, but 2,143 Ohioans did: AG has 10 days to approve medical marijuana wording for 2012 ballot.

Ohio Attorney General Mike DeWine's office has until Aug. 6 to approve a medical marijuana petition submitted to his office Wednesday that asks for an amendment to Ohio's constitution allowing medical cannabis to be legally possessed, used, sold and grown in the Buckeye State.

"We are in the process of reviewing the summary of the amendment and making sure it is a fair and truthful summary of what the amendment will do," said AG spokeswoman Lisa Peterson Hackley. "According to the statute, we have 10 calendar days to complete the signature verification process and the fair and truthful review."

The Ohio Coalition for Medical Compassion political action committee submitted the 10-page petition Wednesday morning. It was signed by committee member Geoff Korff of Salem and included four additional committee members on the petition including Alan Pugh of Elyria, Rob Ryan of Blue Ash, Tonya Davis of Kettering and Cher Neufer of Lodi. The petition has 2,143 signatures of which only 1,000 verified signatures are needed to put it on the 2012 ballot. The language of the amendment, titled "The Ohio Alternative Treatment Amendment" must be first approved by the AG's office and then the Ballot Board to ensure it is the only petition of its kind.

"In Ohio, we have the right as citizens to propose a law or a repeal of a law, and to have that law submitted directly to the voters for an up or down vote. In that way, Ohio is a direct democracy," wrote an OCMC committee member in an email to TOP Tuesday. The member asked not to be identified. "In 2011, we will see two such examples of direct democracy on Ohio's ballot; The Health Care Freedom Amendment and The Repeal of Senate Bill 5. Both of these were entirely volunteer efforts, and it appears both have succeeded collecting the number of signatures needed to appear on the ballot. The success of these campaigns inspired Ohio activists to look into such an effort regarding the legalization of medical cannabis in Ohio, particularly since polls have shown nearly three-fourths of Ohioans in favor."

A May 2009 poll conducted by the Institute for Policy Research at the University of Cincinnati found that 73 percent of Ohioans favored allowing medical marijuana. Those numbers were later supported by a national survey from Pew Research Center for the People & the Press.

"We believe the will of the people is to allow a person who has been recommended cannabis as a treatment by his or her physician to do so lawfully," write the OCMC committee member. "It is a waste of resources to prosecute them for doing so."

The proposed amendment, which calls for the creation of a registry for users and sellers who are then given a registry card, allows a qualified patient to posses 3.5 ounces of usable cannabis and to have up to 12 cannabis plants. The amendment also provides for safe access centers, where no more than eight cannabis plants may be housed in a locked facility, to acquire, provide and possess cannabis and to make money for their efforts.

An important aspect of the amendment allows for a practitioner to prescribe medical cannabis without fear of arrest or penalty.

The amendment also ensures what medical cannabis is not to be used for, saying that anyone with the right to possess, grow or sell it may not sell it to a minor, expose a minor to second-hand cannabis smoke nor have medical cannabis near schools or school buses or any correctional facility. Users may not smoke cannabis in any public place nor may they operate any motor vehicle while under the influence of cannabis.

"I still think people conjure up images of Cheech and Chong when they hear talk about medical marijuana," said state rep Kenny Yuko, who is making his third attempt at passing medical marijuana legislation this year through HB 214, also sponsored by Rep. Robert F. Hagan. "Most people (who are against it) think it's an entry way into legalizing marijuana, which is not what I'm promoting. This is an opportunity to provide an improved quality of life for people who are suffering. They need to replace their image of the early hippie with a middle-aged adult who's suffering from diseases or illnesses. That's the reality of it."

Yuko's bill was introduced in April and has yet to be heard by the Health and Aging Committee, according to his legislative aide Ben Schaefer. The text of the bill is similar to that of the proposed voter legislation from OCMC.

"There's been a lot of interest, but only a few co-sponsors," said Yuko. "We're just going to keep working on it. As long as we keep talking about it, we're making progress."

Talking pot

As medical marijuana becomes a frequent topic in Ohio, it's important to understand what proponents of the measure are referring to when discussing pending legislation or amendments. In the Ohio Coalition for Medical Compassion petition submitted to Ohio Attorney General Mike DeWine's office Wednesday, the following terms were defined as such:

Cannabis plant: A living plant of the genus cannabis with a root system at least one inch in length.

Cardholder: A patient, a caregiver, or a safe access center agent who. possesses a valid registry card and has not been convicted of a disqualifying offense.

Cultivation site: Location of the enclosed, locked facility disclosed to the Ohio Department of Health through the department's registry program at which only one cardholder may cultivate cannabis plants, or, if a safe access center registry certificate has also been issued for the location, at which multiple safe access center agents may cultivate cannabis plants.

Disqualifying offense: A violent crime that was classified as a felony in the jurisdiction where the person was convicted, or a violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted. Exceptions: an offense for which the sentence, term of probation, incarceration, and supervised release was completed 10 or more years earlier; or an offense that consisted of conduct for which this article would likely have prevented a conviction, shall not be considered a disqualifying offenses.

Medical Use: The acquisition, possession, administration, cultivation in an enclosed and locked facility, delivery, transportation, transfer, transportation, or use of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a patient's qualifying medical condition.

Qualifying medical condition: 1. A disease, condition, or its treatment that produces one or more of the following: cachexia or wasting syndrome, severe nausea, chronic pain, or severe and persistent muscle spasms including but not limited to those characteristics of multiple sclerosis. 2. Post-traumatic stress disorder 3. Glaucoma 4. Parkinson's disease 5. Sickle cell anemia 6. Any additional disease or condition added by ODH.

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