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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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Anti legalization group fails to collect signatures to roll back laws

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A Maine campaign seeking to significantly roll back the state’s marijuana law failed to submit signatures this week for the November 2026 ballot, meaning anti-cannabis activists will have to move to 2027 if they hope to get the issue before voters.

Amid criticism from reform advocates, industry players and some lawmakers for allegedly deceptive signature-gathering tactics, Mainers for a Safe and Healthy Future apparently couldn’t make the cut by the Feb. 2 deadline.

“Cannabis orders were not returned yesterday,” Assistant Secretary of State for Communications Jana Spaulding told Cannabis Business Times on Tuesday. In Maine, that doesn’t mean the campaign has to start from scratch, though, because they can still put the proposition on next year’s ballot. A Republican Maine lawmaker and marijuana industry advocates raised the alarm last month that prohibitionist campaigners were using deceptive petitions to get voters to sign the petition.

A video shared by Rep. David Boyer (R) appeared to feature an image and audio recording of a person gathering signatures for the ballot measure, in which he grossly misrepresented what the cannabis proposal would accomplish, saying its main goal was to ensure the product’s safety through improved testing.

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Arsenic contamination leads to recall of Lunaire products

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Great White North Growers Inc. The Quebec producer has updated its recall of some of its Lunaire brand of dried cannabis products after tests showed high levels of arsenic, a toxic heavy metal. The recall, posted on Health Canada’s website on Jan. 15, was updated Tuesday to include more products in the company’s line.

The items were sold through authorized dealers in Quebec with the Société Québécoise du Cannabis (SQDC). They were also sold in the Yukon.

Arsenic is a naturally occurring element that can be harmful to human health if ingested at high levels. Long-term exposure has been linked to an increased risk of cancer and potential damage to the skin, lungs, heart, brain, kidneys and reproductive system, the statement said. It can also pose risks during pregnancy and breastfeeding.

Officials said the recall came after Great White North Growers conducted additional non-routine testing on the lot, which revealed the contamination. A total of 2,916 units of the recalled products were sold from July 17, 2024 to January 29, 2026 through licensed retailers in Quebec and Yukon. In addition, 120 units of the recalled Lunaire Fleur de Lune dry cannabis product (3.5g; lot 1000765B; packaging date 11 NO 2024) were sold through Medicibis.

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Arkansas Supreme Court Ruling Could Let Lawmakers Roll Back Medical Marijuana Access

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“What bothers me the most is that it was applied retroactively, not prospectively. It reversed 115 years of work by the people of the state of Arkansas on these initiatives.”

Antointe Graje, Arkansas Attorney

After Emily Williams was diagnosed with cancer in 2010, she struggled to find medication that alleviated the side effects of chemotherapy, such as nausea and loss of appetite. Eventually, he tried marijuana and it gave him relief.

“I was grateful,” he said. “I felt grateful.”

That experience inspired the Fayetteville retiree to create Arkansas’ medical marijuana program in 2016 after voters approved a constitutional amendment in 2016.

That program has become a billion-dollar industry, with more than 115,000 patients using marijuana to treat conditions ranging from Crohn’s disease to post-traumatic stress disorder. But a murky legal battle over who can change citizen-directed amendments to the Arkansas Constitution cast doubt on the program’s future.

The court ruling is part of a nationwide battle over citizen-driven ballot measures in states like Missouri and Nebraska. Arkansas is one of 24 states that allows citizens to propose state laws, according to the National Conference of State Legislatures.

Since the state’s first dispensary opened in 2019, thousands of Arkansans have joined the program, including Christopher Duffy, a 35-year-old Fayetteville resident who said medical marijuana helped his anxiety and sobriety. Duffy said he would be committed to sobriety if less marijuana is available, but he worries about others.

“I’m lucky to have a support system like that, where when things got tough or I started to struggle, I could reach out,” she said. “There are those who don’t have that and I fear for them.”

Williams, 69, fears losing access to medical marijuana, which she uses to manage the ongoing complications of her disease.

“If I’m not able to use this, my life would be completely and utterly negative,” he said.

Those concerns were sparked by the Arkansas Supreme Court’s 74-year-old precedent in December, with a ruling declaring that lawmakers can change citizen-led constitutional amendments with a two-thirds vote: 67 votes in the House and 24 votes in the Senate.

The decision stemmed from a case challenging the Legislature’s passage of laws amending the Arkansas Medical Marijuana Amendment. However, the authority recently confirmed by lawmakers extends beyond medical marijuana to other citizen-directed amendments, including those affecting casinos.

David Couch, a Little Rock attorney who helped write the medical-marijuana amendment, said the court’s decision “absolutely” adds more pressure for a new ballot measure it protects to succeed.

If the measure proposed by Save AR Democracy makes it to the 2026 ballot and is approved by voters, it would prohibit lawmakers from amending the Arkansas Constitution themselves and require voters to approve any new law that affects the initiative and referendum process.

While he understands how the court reached its conclusion, Couch said the justices erred in their application.

“What bothers me the most is that they applied it retroactively, not prospectively,” he said. “The people of the state of Arkansas overturned 115 years of work on these initiatives.”

Rep. Aaron Pilkington, R-Knoxville, said the court’s ruling confirmed what he had long believed to be true; however, he does not believe that the members of parliament are doing “little by little” to change the public corrections.

Pilkington took office in 2017 after 53 percent of voters approved medical marijuana. While Republicans were generally not in favor of it, Pilkington noted that party leaders were not standing in the way of what voters wanted.

“I think we’ve shown a track record that, even though the Legislature may not necessarily agree with it, they’re going to do what the voters want,” he said. “If we didn’t, then if we tried to force this issue or try to cause this and that, I think you would see the consequences in the next election.”

Pilkington has since championed medical marijuana legislation, including an unsuccessful effort to allow dispensaries to deliver. Pilkington said there may be some changes to the program, but he’s not entirely open to changing it because of growing sales revenue that funds certain programs.

Arkansans are expected to spend a record $291.1 million on medical marijuana in 2025, according to the state Department of Finance and Administration. Legislation passed last year allows tax revenue from those sales to support free breakfast for students.

While it may be used sparingly, the power to amend the state constitution can be useful to address policies that aren’t working as intended or to reflect a change in perspective since an amendment was passed, Pilkington said.

It also allows lawmakers to address issues that need immediate attention instead of waiting two years to present a measure to voters, Senate President Pro Tempore Bart Hester said.

The Arkansas Constitution can be amended when voters approve a measure proposed by legislators or citizens who must qualify for the ballot by circulating petitions. The proposed amendments can be examined every two years in general elections.

Republicans currently hold large majorities in both the House and Senate, but Hester said the two-thirds vote is a “tremendous and difficult bar to meet,” regardless of which party holds the majority.

The Cave Springs Republican said lawmakers will use that authority only “when absolutely necessary” and will likely wait until the 2027 legislative session to review citizen-led amendments, such as those that have received heavy funding from out-of-state interests. Hester also mentioned revising measures related to medical marijuana and casinos as “big fixes” with multiple provisions.

“I think it might be reasonable for the Legislature to look at it a little at a time as opposed to holistically, and I think that’s the responsible thing to do,” he said.

Hester noted that lawmakers can only amend the marijuana amendment, not repeal it. This leaves room for the program to roll back or expand without being completely finished.

While the Legislature has no plans to disenfranchise voters, Duffy said he believes there are some lawmakers willing to do so, so he hopes the Save AR Democracy ballot measure succeeds.

By July 3, the group must collect 90,704 signatures to enter the ballot.

“I don’t see any intention of the Legislature to override the will of the people, but I do think there are some who are willing to do that and that’s what worries me,” Duffy said.

If that measure fails and lawmakers go into the 2027 legislative session with the amendment’s authority upheld by the court, Duffy said he would see medical marijuana taxes increase.

That could encourage patients to buy from neighboring states like Missouri, where recreational marijuana is also legal, to siphon revenue out of Arkansas, he said.

Williams is skeptical of the lawmakers’ cutbacks, saying he believes they intend to “destroy it to the point where it’s almost impossible to use.”

“I’d like to ask one of those lawmakers if they know what it’s like to get up in the morning and wonder how sick you’re going to feel that day,” he said.

This story was first published by the Arkansas Advocate.

Photo elements courtesy of the user rawpixel and Philip Steffan.

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