# Ohio's Ballot Language for MMJ



## pcduck (Feb 2, 2012)

*Ballot Language*

*The Ohio Medical Cannabis Amendment*

     Be it resolved by the people of the State of Ohio: That the  Constitution of the State of Ohio be amended by adopting a section to be  designated as Section 12 of Article XV thereof, to read as follows:
*Article XV: Section 12. Medical Cannabis. Section 1. Rights. *

 In accordance with Article 1: Bill of Rights, Section 1 of the Constitution of the State of Ohio: 
*(A)* Residents of the State of Ohio, who have  attained the age of majority and who are diagnosed with a debilitating  medical condition, shall be eligible residents for the purpose of using  medical Cannabis, also known as medical marihuana or medical marijuana,  to alleviate their suffering. 
*(B)* Eligible residents shall have the right to  use medical Cannabis to alleviate their suffering and to possess an  amount of medical Cannabis sufficient to meet their medical needs. 
*(C)* Eligible residents shall have the right to  be free of discrimination and interference from the State of Ohio with  regard to their use of medical Cannabis. 
*(D)* Eligible residents shall have the right to  privacy and confidentiality with respect to their use of medical  Cannabis, including but not limited to any records kept by the State  pertaining to such use. 
*(E)* Eligible residents shall have the right to  produce their own medical Cannabis, and to acquire medical Cannabis  sufficient to alleviate their suffering from state-licensed providers  without fear of arrest, prosecution or undue interference by the state. 
*(F)* Eligible residents shall have the right to access goods and services to enable their use of medical Cannabis. 
*(G)* Within the State of Ohio, it shall be a  legal right for individuals or organizations, deemed eligible by the  Ohio Commission of Cannabis Control, to grow, process, distribute,  transport, purchase or sell medical Cannabis in its various forms to  eligible residents according to rules and regulations as established by  the Ohio Commission of Cannabis Control. 
*(H)* The State of Ohio shall support, uphold and defend these rights. 
*Section 2. Limitations. *

*(A)* Nothing in this Amendment requires the use of Cannabis as a medical treatment. 
*(B)* Nothing in this Amendment shall prohibit  the reasonable regulation and control of the commercial production and  distribution of medical Cannabis by the Ohio Commission of Cannabis  Control as set forth in Section 3. 
*(C)* Nothing in this Amendment shall prohibit  the sale of medical Cannabis to eligible residents, nor prevent research  or educational institutions from studying the medicinal properties of  medical Cannabis; nor prohibit the reasonable application of fines or  fees pursuant to the regulation and control of medical Cannabis within  the State in accordance with Section 4. The sale of Cannabis is sale of  tangible personal property for purposes of collection of State and local  sales taxes. 
*(D)* Debilitating medical conditions include,  but are not limited to the following: glaucoma; multiple congenital  cartilaginous exostosis; multiple sclerosis; nail-patella syndrome;  positive status for human immunodeficiency virus and acquired immune deficiency syndrome (HIV/AIDS); Alzheimers disease; amyotrophic lateral sclerosis; cancer; celiac disease; Crohns disease; hepatitis  C; mylomalacia; post traumatic stress; rheumatoid arthritis; sickle  cell anemia; injury or disease to the spinal cord, spinal column, or  vertebra; Tourette's syndrome; a chronic or debilitating disease or  medical condition or its treatment that produces cachexia or wasting  syndrome, severe or chronic pain, severe or chronic nausea, seizures,  including those characteristic of epilepsy, or severe or persistent  muscle spasms; and any additional medical condition or its treatment  that may be designated by the Commission or set forth by the General  Assembly pursuant to Section 3. 
*(E)* Nothing in this Amendment authorizes any  person to engage in, and does not prohibit the imposition of civil,  criminal or other penalties for undertaking any task under the influence  of Cannabis, when doing so would constitute negligence or professional  malpractice; or to operate, navigate or be in actual physical control of  any motorized conveyance while under the influence of Cannabis. 
*(F)* An eligible resident shall not be considered to be under the influence of medical Cannabis solely because of the presence of active or inactive metabolites of Cannabis in the eligible residents urine, blood, tissue, hair or skin or as detectable by  any other measure of body chemistry. The legal definition of impairment  as a result of medical Cannabis use and applicable testing to determine  such impairment shall be based on scientific evidence of impairment. 
*(G)* The possession of drug paraphernalia used  by an eligible resident to consume, possess or store medical Cannabis  shall not be grounds for arrest or prosecution of the eligible resident,  or of agents who are serving the eligible resident. 
*Section 3. The Commission. *

*(A)* There is hereby created the Ohio  Commission of Cannabis Control, which shall support and uphold the  rights enumerated in Section 1; license, regulate and control medical  Cannabis in Ohio; and ensure statewide compliance with this Amendment.



*(B)* The appointments to the Board of the  Commission shall total nine members: three members to serve an initial  one year term, three members to serve initial two year terms and three  members to serve initial three year terms. Three members are to be  registered Ohio voters, who shall also be eligible residents after  regulations to be established by the Commission are in place; two  members are to be licensed practitioners; one member is to be a farmer,  who shall be a license or permit holder after implementation of a  licensing and permitting system by the Commission; one member is to  represent the Ohio Civil Rights Commission; and two members are to be  licensed attorneys. Each Commissioner shall be an Ohio resident. No more  than four (4) members shall be affiliated with the same political  party. Initial appointments to the Commission shall be selected by the  Committee to Represent the Petitioners for this Amendment. Succeeding  terms of the Commission shall be three years in length and members shall  be selected by the Governor and approved by the Senate. No vacancy in  the Commission shall impair the right of the remaining Commissioners to  exercise all powers of the Commission. 
*(C)* The Board of the Commission shall be duly  constituted and conduct its first official meeting within ninety (90)  days of an affirmative vote by the electors of the state. The Commission  shall have regulations in place within 270 days of an affirmative vote.  Implementation of the licensing and permitting systems created by this  Amendment shall take place within 360 days of an affirmative vote. 
*(D)* The Commissioners shall have the authority  to enact and amend regulations, recommendations or findings as they  pertain to medical Cannabis in accordance with this Amendment, and to  the procedures in the Ohio Administrative Procedure Act. 
*(E)* The proposed regulations shall support,  uphold and defend the Rights enumerated in Section 1 and shall include  provisions for the protection from arrest and prosecution of eligible  residents, providers and other entities who provide legal access to  medical Cannabis for the benefit of eligible residents. The Commission  shall license or authorize other personnel to regulate medical Cannabis  within the State. 
*Section 4. Funding. *

*(A)* The General Assembly shall provide  adequate funds to cover the costs of implementing the provisions set  forth by this Amendment, based on recommendations set forth by the  Commissioners. 
*(B)* Fines, regulatory fees, licensing fees and  permit fees shall be determined by the Commission. Fines, regulatory  fees, license fees and permit fees shall be based upon anticipated costs  and expenses for the necessary operations of the Commission in a manner  that shall not be cost prohibitive for eligible residents or providers.  
*(C)* All operating expenses of the Commission  shall be funded by the reasonable fees and fines adopted to implement  the activities authorized by this Amendment. 





_
_
_This information was retrieved from the website_
_
_
_hXXp://www.omca2012.org/ballot_


----------



## powerplanter (Feb 2, 2012)

I really hope this passes.  :goodposting:


----------



## Lemon Jack (Feb 2, 2012)

Me too the wifey has a great deal of family in ohio. And we been looking into medical states.


----------



## Locked (Feb 2, 2012)

Let's hope they pass it....


----------



## powerplanter (Feb 2, 2012)

With all the stuff that's happening in the other MMJ states, it could end up hurting our chances.  People on the fence could fall the other way.


----------



## NorCalHal (Feb 2, 2012)

powerplanter said:
			
		

> With all the stuff that's happening in the other MMJ states, it could end up hurting our chances.  People on the fence could fall the other way.


 
Without the other MMJ states....it would have really hurt your chances.


----------



## powerplanter (Feb 2, 2012)

Probably wouldn't have any chance if not for Michigan.


----------



## NorCalHal (Feb 2, 2012)

powerplanter said:
			
		

> Probably wouldn't have any chance if not for Michigan.


haha..
Thanks bro. I needed that!


----------



## powerplanter (Feb 2, 2012)

ha.. It's the truth though.  Ohio's pretty conservative.


----------



## bubba902 (Feb 2, 2012)

Come on Ohio lol. Fingers crossed


----------



## pcduck (Feb 2, 2012)

powerplanter said:
			
		

> It's the truth though. Ohio's pretty conservative.




Ohio has some of the most lenient laws there is for a non mmj state:confused2: If you don't believe me check out Georgia's marijuana laws.

I just hope they don't follow in MI footsteps with all the confusion on what is what. They had one initiative that they removed themselves because it was to much like MI's

And thanks Hal, if is was not for Cali nobody would have mmj.


----------



## bubba902 (Feb 2, 2012)

Yeah Ohio laws are very laid back..been some weirdly nice weather lately.


----------



## powerplanter (Feb 2, 2012)

Your right, their much more lenient than they used to be.  I keep forgetting they sort of decriminalized it.


----------



## Roddy (Feb 2, 2012)

powerplanter said:
			
		

> I really hope this passes.  :goodposting:




I hope all works out, my friend! Is there any concern that this will leave too much up to the commission?


----------



## powerplanter (Feb 2, 2012)

I was thinking the same thing, but the way they choose the members of the commission seems like it would be pretty fair.  Just getting it as an amendment to the constitution is a big step.


----------



## Roddy (Feb 2, 2012)

Yeah, I was reading how the commission was made up, looks OK. Good luck, my friend!!


----------



## pcduck (Feb 2, 2012)

> There is hereby created the Ohio Commission of Cannabis Control, *which shall support and uphold the rights enumerated in Section 1;* license, regulate and control medical Cannabis in Ohio; and ensure statewide compliance with this Amendment.



That should help with any good old boys messing it up


----------



## powerplanter (Feb 2, 2012)

It would be so nice to be able to grow my own medicine and have it when I needed it.  Thanks for your words of support.  Here's to hoping we get it passed..:48: :aok:   Stay safe.


----------



## Roddy (Feb 2, 2012)

After much thought, I personally wouldn't want to be on that commission, would worry this would make me a target for the feds.


----------



## Dan K. Liberty (Mar 30, 2012)

ahh byullshyitt man they only pick on small groups or individuals theres just too many of us thats why they fear and prosecute us


----------



## Dan K. Liberty (Mar 30, 2012)

this thread needs to get lit back up man, theres stuff comin down the pipe over in WV too . . . NATIONWIDE MMJ !! :yay:


----------



## getnasty (Mar 30, 2012)

I, too, hope this passes. It would be nice to not have to worry about growing/smoking pot for my back pain. Last I heard, 76% of polled Ohioan's were FOR MMJ.


----------



## ozzydiodude (Mar 30, 2012)

Dan K. Liberty said:
			
		

> this thread needs to get lit back up man, theres stuff comin down the pipe over in WV too . . . NATIONWIDE MMJ !! :yay:


 
 WV has been put on hold til 2013


----------



## Roddy (Mar 30, 2012)

IDK guys, the wording of that proposal scares me. You are setting it up for a committee to oversee, I believe this will also open those on the committee to legal problems which could also derail the whole law should it become a law.

Just my thought on this, I am all for all having access to MJ, so don't think I am otherwise!


----------



## pcduck (Mar 30, 2012)

The way I see it, this committee has to uphold the rights of section 1 before anything else, so if section 1 is acceptable to the voters everything else should be good. 

Being on this committee could lead to legal trouble with the Feds, because it would still be illegal in federal laws, but someone has to step up and _git-r-done_ besides it would most likely be state funds paying your lawyer.jmho


----------



## powerplanter (Mar 30, 2012)

You can't get into trouble just for being on the committee can you?  Besides, someone has to go to jail for the cause.  Not just Chong.  lol


----------



## Roddy (Mar 30, 2012)

I believe there are many in California that will say governing MMJ has got them in legal issues, as well as some doctors. 

*Being on this committee could lead to legal trouble with the Feds, because it would still be illegal in federal laws, but someone has to step up and git-r-done besides it would most likely be state funds paying your lawyer.jmho*

All it'll really take is one or two of the committee members to be squeezed and you'll not see many applying to be on that committee. If that happens...

As I said though, this is jmho and I really hope I am wrong!


----------



## bubba902 (Mar 30, 2012)

I think we will pass it, hopefully


----------



## bubba887 (Jun 28, 2012)

Any news updates on this subject yet? I've been searching and finding dead ends.


----------



## getnasty (Jun 28, 2012)

http://www.omca2012.org


Last update I recall hearing, we were still short on signatures and the deadline is July 4.


----------

