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Ohio Cannabis Industry Divided Over Referendum To Block Marijuana And Hemp Restrictions

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“The referendum effort is about putting profits from unregulated hemp and gas station weed sales over people.”

By Megan Henry, Ohio Capital Journal

Ohioans for Cannabis Choice can start collecting signatures to get one Referendum votes to block state voter-approved recreational marijuana law change. and ban intoxicating hemp products. But there are others in the industry who disagree with the new effort.

Ohio Attorney General Dave Yost this week approved a referendum that would repeal Ohio Senate Bill 56, which takes effect March 20. Gov. Mike DeWine (R) signed the bill into law on Dec. 19.

Yost’s approval comes after the language was initially rejected due to “omissions and misrepresentations,” but Cannabis Choice for Ohio made changes to the language and resubmitted the application.

“My certification … should not be construed as an endorsement of the enforceability and constitutionality of the referendum petition,” Yost wrote in the letter certifying the petition.

Ohioans voted to legalize marijuana in 2023, with recreational sales beginning in August 2024 and sales exceeding $836 million in 2025.

The new law will reduce THC levels in adult marijuana extracts from 90 percent to a maximum of 70 percent, limit THC levels in adult flower to 35 percent, and ban smoking in most public places.

Possession of marijuana outside of its original container is prohibited criminalizes bringing marijuana from another state into Ohio. The legislation also requires drivers to keep marijuana in the trunk of their car while driving.

The Ohio Cannabis Coalition opposes the potential referendum.

“SB 56 upholds the will of Ohio voters by maintaining a safe and regulated adult cannabis market while closing dangerous loopholes that allowed untested intoxicating hemp products and out-of-state marijuana to cross Ohio’s shelves,” said OHCANN Executive Director David Bowling.

Ohio marijuana customers won’t notice any changes under the new law, said Pete Nischt, vice president of compliance and communications for Klutch Cannabis, which has dispensaries in Northeast Ohio.

“The person entering the legal marijuana market in Ohio will see no difference after the effective date of (SB 56),” he said.

The Coalition to Regulate Marijuana Like Alcohol, the group behind Issue 2 on the 2023 ballot, also opposes the referendum attempt.

“SB 56 is a sensible improvement on Issue 2,” the coalition said in a statement. “SB 56 honors the will of Ohio voters while protecting public health. The referendum effort is about putting profits from unregulated hemp and gas station weed sales over people.”

Wesley Bryant, owner of 420 Craft Beverage in Cleveland, supports the referendum effort, calling the legislation “an assault on consumer rights.”

“Ohioans are buying these products because they relieve stress, help people sleep at night, provide relief to veterans with PTSD and help some people with addiction,” Bryant said in a statement. “SB 56 is evil and full of unintended consequences, and we will give voters the opportunity to say no to this harmful legislation.”

Joey Ellwood, a Tuscarawas County hemp farmer, called the law a government overreach.

“The people spoke in 2023 when they voted to legalize cannabis, and we’ll let them speak again in November by voting no on SB 56,” Ellwood said in a statement.

Cannabis Choice for Ohioans must collect 6 percent of the total votes cast in the last gubernatorial election (248,092) to get on the Nov. 3 ballot. The group will also need 3 percent of the participation of the governors of 44 of Ohio’s 88 counties.

Organizers will have 90 days from the date the governor submitted the bill to the secretary of state to collect the necessary signatures.

The last referendum passed in Ohio was in 2011 when voters overturned a law against collective bargaining.

This story was first published by the Ohio Capital Journal.

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New Zealand sun-grown cannabis site earns endorsement from Columbia University scientist

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Not all cannabis farms are visited by a Columbia University professor. Fewer still are singled out as the best place on earth to grow the plant. That’s what happened when Colin Nuckolls, a professor of organic chemistry at Columbia and one of the most cited independent researchers on the chemistry of cannabis, visited Puro’s Kēkerengū farm on the Kaikōura Coast earlier this year.

Puro has been cultivating medicinal cannabis in Marlborough since 2018, building its model around outdoor, organically certified production at two sites in the region. Kēkerengū Farm is located on the coast with mountain protection to the west, and the company has long pointed to its environment, long hours of sunshine, ocean air flow, warm days, cool nights and vibrant soil as the foundation of the quality of its product. Nuckolls, whose research focuses on the chemical differences between indoor and sun-grown cannabis, came up with the tools to evaluate that claim. “If I had to pick one place in the world to grow sun-grown cannabis, this would be it,” he said.

© Cigar

The endorsement carries scientific weight, as Nuckolls’ work addresses a gap that standard cannabis testing can hardly cover. Certificates of analysis measure a defined set of cannabinoids and terpenes, meaning two products grown under completely different conditions can appear identical on paper. His research shows that the picture is more complicated than that. “Sunlight creates complexity in the plant,” he said. “Sun grown cannabis represents a wider spectrum of compounds, more terpenes, more nuances, more chemistry that people value.”

The mechanism is evolutionary. Natural sunlight provides a full and dynamic light spectrum, including UV exposure, that plants have adapted to over millennia. Controlled indoor environments, however sophisticated, replicate only part of that equation.

The Kēkerengū site drew a close comparison with Northern California’s Humboldt County, one of the world’s most respected cannabis-growing regions. The two locations are located at roughly mirror-image latitudes on opposite sides of the equator and share a mountainous coastal profile. “This place is where you’d want to grow cannabis, like Humboldt County,” he said. “It’s the coast, the air is fresh and it’s mountainous. Nature does a lot of work in these areas, the growing conditions are ideal.”

For Puro, the visit was an independent validation of the company’s production philosophy since its inception. Marlborough’s sunshine hours are among the highest in New Zealand, and combined with the microclimate factors of the site where the farm is located, factors Nuckolls described as conditions “that technology cannot reproduce”.

For more information:
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www.puro.co.nz

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Kansas Officials Are Being Sued Over Raids Against Hemp Businesses

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“The lawsuit is a diversionary tactic from Indy Vapes and Abilene Vape and CBD making a business decision to ignore state law.”

By Maya Smith, Kansas Reflector

Three smoke and vapor stores are suing the state of Kansas, alleging Fourth Amendment violations in some of the raids in October.

The plaintiffs have filed against KBI Director Tony Mattivi, Attorney General Kris Kobach (R), KBI agents, local law enforcement and county attorneys. They allege illegal search and seizure and defective warrants.

The KBI and local law enforcement raided smoke and vapor shops in Concordia, Independence, Abilene, McPherson, Pratt, Salina, Topeka and Wichita late last year.

They were organized with the intention of making networks end lax enforcement of Kansas’ anti-marijuana and anti-THC lawsKobach stated in the press conference during the attacks.

The lawsuit alleges that officials confiscated the hemp-derived products under Kansas law on warrants between legal and illegal hemp products.

Smoke and vape shops say the warrants were flawed by failing to recognize that the types of hemp-derived products are legal in Kansas, with Indy Vapes’ orders from Independence stating that all THC derivatives are contraband.

The Kansas Controlled Substances Act states that industrial hemp and hemp-derived products are legal and not controlled substances if they contain less than 0.3 percent THC. Plaintiffs allege that they sell legal hemp products and purchase those products from established wholesalers.

Kobach’s office did not respond to repeated requests for comment for this story.

The stores said they lost thousands of dollars in inventory and that the seized inventory was probably destroyed. Mattivi said in a press conference during the raids that the KBI had sent the products to the seized laboratories for private testing.

According to the lawsuit, agents told employees not to film, boarded up the windows from the inside, and disconnected the store’s internet and store security cameras.

“The lawsuit is a diversionary tactic since Indy Vapes and Abilene Vape and CBD made a business decision to ignore state law, and now they want to blame law enforcement for what they knew was the likely outcome,” according to a KBI statement. “We will uphold our responsibility to enforce the laws of Kansas.”

The KBI said the warrants executed by agents gave them the authority to seize illegal products and contraband. The statement did not address the officers interfering with the recording.

This story was first published by the Kansas Reflector.

Photo elements courtesy of the user rawpixel and Philip Steffan.

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Examining regulatory changes to hemp cultivation in state

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Over the decades, the legality of hemp cultivation in the United States has undergone some changes. In 1970, the Controlled Substances Act made the cultivation of hemp completely illegal, along with the definition of “hemp” as “marijuana.” This criminalized approach to hemp changed with the 2018 Farm Bill, which removed hemp from the definition of “marijuana” and allowed states to create their own hemp regulation programs. In the past year, there has been a change in hemp cultivation regulations at the state level, as well as a change in the federal legal definition of “hemp.” Both of these changes will likely affect hemp growers.

After passing the 2018 Farm Bill, the state of Ohio, through the Ohio Department of Agriculture (ODA), submitted its plan to the United States Department of Agriculture (USDA) to regulate the cultivation and processing of hemp. In the spring of 2020, the ODA began accepting applications for the cultivation and processing of hemp.

as was shared in a blog post last summer, language included in the state operating budget passed in June 2025 gave up ODA’s authority to regulate hemp cultivation in the state. On July 25, 2025, the ODA began the process of transferring hemp cultivation regulation to the USDA. As of January 1, 2026, if you are growing hemp in Ohio, you must be licensed through the USDA, and all ODA cultivation licenses are revoked. The ODA continues to regulate hemp processors. ODA has a web page explaining these changes which is available here. For further reading, the state operating budget, HB 96, is available here.

Federal changes to the legal definition of “hemp.”
When hemp cultivation was legalized in the 2018 Farm Bill, Congress defined “hemp” as “Cannabis sativa L. plant and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether or not grown, with a deltabin (THC)-9 tetrabin (THC)-9 tetrabin concentration in excess of 0.3 percent dry weight.” After passing the 2018 Farm Bill, however, Congress discovered that this definition of “hemp” created an unintended loophole. Although delta-9 THC is the main psychoactive compound found in both hemp and marijuana that can cause intoxication, it is not the only compound. Since legalization, hemp products have been sold that contain no more than 0.3 percent delta-9 THC, but contain other cannabinoids, such as delta-8 THC, that can cause intoxication if ingested.

To close this loophole to allow for intoxicating hemp products, Congress changed the definition of hemp in HR 5371, which became law on November 12, 2025. The federal definition of hemp is now “Cannabis sativa L. plant and any part of that plant, including its seeds and all derivatives, extracts, isomers, isomers, isomers, acids, salts, isomers, acids, salts, isomers and acids. Whether or not growing, with a total (THC) concentration (including tetrahydrocannabinolic acid (THCA)) of more than 0.3 percent by dry weight.” As a result, instead of regulating only the amount of delta-9 THC, federal law now regulates the total THC concentration of hemp and its components. Thus, growers with hemp plants with a total THC concentration of more than 0.3 percent would be in violation of federal law. Importantly, this definition also applies to industrial hemp, or “hemp grown for use as seed stalk, whole grain, oil, cake, nut, hull, or any other non-cannabinoid derivative.” The new definition of hemp will go into effect one year after the law is signed, on November 12, 2026. The text of HR 5371 is available. here.

Source: The Ohio State University

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