Announcer: The views and opinions expressed in to the point are those of the hosted, the program and its guests.

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Doni: Last year, Ohioans voted to legalize recreational marijuana.

But what does that really mean?

To date, no finalized regulations have been issued.

There are still a significant number of state and federal contradictions regarding use and possession, and many difficult decisions remain unresolved.

And what about employers?

What are their rights in all of this?

Lots to unpack for sure.

And luckily today we have attorney Jim Yates with us.

Mr. Yates is an expert on this topic and will help provide a bit of clarity to this murky topic.

I'm Danny Miller.

And this is to the point.

Connect with us on our social media pages.

You may email me at doni _miller@wgte.org at and for this episode and any other that you might like to revisit, don't hesitate to go to wgte.org/tothepoint.

This is a complicated but incredibly interesting conversation today.

And we're talking to one of our area experts on this particular issue.

We're talking about the legalization of marijuana.

And I'd like to introduce to you Jim Yates, local attorney talks about this an awful lot every day.

Every day.

Know an awful lot.

I'm going to ask you a very simple question.

Okay.

So we voted to legalize marijuana last year in Ohio, right?

Jim: Yes, we did.

Doni: Are people allowed to smoke?

Jim: No, they're not.

Doni: So so I dunno if people are confused about that.

Jim: Well, we did vote to legalize recreational marijuana, of course, have already had medical marijuana legal in Ohio for since really 2016.

Yeah.

So.

But as far as recreational marijuana goes, the voters voted in November to be able to, you know, have individuals over 21 years of age possess it and smoke it and use it.

But the regulations are not up and running yet on that.

The actual legislation went into effect on December 7th.

But of course, we have to be able to be able to purchase it at a licensed dispensary before we are able to use it, consume it in Ohio.

All of that is subject to heavy regulation and for, you know, really for quality control purposes, too.

So it's going to be a heavily, heavily regulated industry, just like the medical marijuana industry is.

And people will eventually be able to purchase their legal marijuana.

In Ohio, probably in maybe September and October before the end of this year, before all of the regulations are passed and all of the licenses are issued and all of the dispen so Ohioans that overwhelmingly supported legalizing marijuana can look forward to that, I guess.

And in the fall, this fall, late fall early, where be able to actually purchase that, you know, legally in Ohio, of course, individuals under the law that pass can home grow too.

So an individual can grow up to six plants if they're 21 years and older and if they have another individual in the household that's also 21 years or older, they can grow an additional six.

So currently.

Doni: From 12 well to.

Jim: Currently a maximum of 12.

Doni: So there's a maximum of.

Jim: 12, maximum of 12 per household.

Of course, this was not a constitutional amendment that passed.

So as a citizens initiated statute and a citizens initiated statute that like that that passed can actually be amended by the Ohio legislature.

And the Ohio legislature has been talking about making certain changes to that law.

But at this point, they have not agreed upon any, you know, any changes as of yet.

And it doesn't look like there is going to be any changes, at least in the near future, from the legislature.

Now, the division of cannabis control that was set up to regulate it is issuing regulations.

And just at the beginning of this month, they issued some proposed regulations that that stakeholders can consider and have until the middle of this month to actually take a look at and make comment.

So those regulations deal with licensing of, you know, growers, processors, dispensaries, those types of issues and even get into very specific issues like, well, can these dispensaries hit a kiosk where people can come in and and order their marijuana at the kiosk and then go and pick it up at the counter?

So those types of things, those types of details are actually being ironed out by the Division of Cannabis Control.

Doni: So let me ask you this question about licensing.

So people should know that they're not going to be able to start their own business by growing their own cannabis and selling it out of their houses.

There is a license that's required and I think that I read and please correct me if I'm wrong, that those licenses will first go to those folks who are currently licensed for medical marijuana distribution.

Jim: That's correct.

That's a great point that the the current operators of dispensaries that are already set up and ready to go because they already have licenses for medical marijuana.

So one of the one of the points of the legislation was to not duplicate the efforts that have already been made in terms of the medical marijuana program.

So you already have licensed growers and processors and these dispensaries that are set up where people have gotten their medical marijuana for several years now, and that's going to be very easy for those entities to turn around and get a dual use license, meaning that they can now grow, process and sell legalized recreational marijuana.

So those will be the first licenses that will be issued.

And the application process starts really in on June seven.

So not too long in the future the applications will be available and those licenses will start being issued on September seven.

So there are.

Doni: A cost for the if I want to be someone who distributes, what do I need other than a license?

Jim: Well, there are yes, there is a licensing fee and there is a a comprehensive process application process that people need to go through.

Again, those applications and what all that entails will be available to the public on June 7th of this year.

But it includes going through background checks and, you know, specific provisions regarding security, financial responsibility.

So you're right, you can't just open up a dispensary now.

You have to go through the state's licensing process to obtain one of those licenses.

And and again, the point of that is to really regulate this industry from, you know, a seed wing to the growing process, to the packaging process, to advertising to selling and who can purchase and, you know, where can you, you know, have these facilities located.

So it's a it's a fairly comprehensive process with a lot of regulations associated with it.

Doni: So so I'm a person theoretically, there's some guy out there is voted for this to pass last year and it passed and and it's legal.

So he says, well, why can't I just go over to Michigan and buy it and bring it back?

I mean, it's legal here now and they've taken care of all those rules.

And in Michigan.

Jim: Right.

Another great question.

So you've obviously.

Doni: Arrested, though.

Jim: Yes.

You've done your homework because marijuana is still illegal.

And this is what people have to remember as a matter of federal law.

So a federal laws haven't changed yet.

It's still illegal.

It's a it's a it's a schedule one drug under the under federal law.

So and it's the Controlled Substances Act of 1970.

So marijuana has been illegal for a long time in this country as a matter of federal law.

That's why you can't transport marijuana across state lines.

You can't bring it and you can't take it with you and you because you're putting that in interstate commerce and then you implicate the federal law at that point in time.

Now.

Doni: So I'm just going to remain the same.

But even when, you know, until the federal law changes, you will not be able to transport it across state lines, is that right?

Jim: That's correct.

There have been a number of attempts on the federal level to change the federal law to make marijuana, at least not a Schedule one drug anymore.

And even the current president has recommended that the that marijuana be rescheduled and the administrative agency is have already, you know, proposed some recommendations on that and are currently reviewing that process right now.

So we may have marijuana not be as a schedule one drug anymore.

It may get reduced to a schedule, you know, three drug and there are some proposed federal legislation to eliminate it altogether as a legal from is a matter of federal law.

But as and I think that's going to take some time.

But as we sit here today, marijuana is still illegal as a matter of federal law.

Now, we've seen some countries recently actually legalize adult use marijuana.

So the last one was just at the beginning of this month, Germany is now has legalized adult use.

Doni: I want to ask you to hold that point right there.

Okay.

We're going to go away and we will be right back.

You'll stay with me.

I will.

He's going to stay with us.

We'll be right back.

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Doni: You may connect with us on our social media pages.

And as always, please email me at doni _miller@wgte.org and for this episode and any other one that you might like to revisit, please go to wgte.org/tothepoint, we're talking today about an issue that you would think would have a little bit more clarity surrounding it, and that's the legalization of marijuana in Ohio.

James Yates, a local expert, is here with us talking about how in fact, it is far from clear at this point, but well on the way.

That's right.

Well, on its way.

So we love talking about other countries where, in fact, legalizing marijuana.

And it brought a question to mind for me.

I imagine that somebody who's listening to us is saying, but what about all of those people who've gone to jail for marijuana use?

That's a question that has to be considered at some point.

Jim: Yeah, well, that's that's a great point because, of course, President Biden issued an executive order that ordered the expungement of certain minor marijuana federal offenses.

So so those have so.

So the president is similarly interested in that issue as our legislators in Ohio, one of the proposed amendments or changes to the law that it looks like the majority of the Ohio legislature agrees with is to expunge minor marijuana offenses and set up a process that that can be done expeditiously if that you know, if that law or amendment passes.

And I think we're going to see that in the future.

Other states of have already done that.

Have already done that.

So, yeah.

Doni: So if I'm an employer, once this goes into effect and we are able to smoke as we please in Ohio and I say as we please guardedly, because there still is discussion about whether you're able to you'd be able to smoke outside or whether this marijuana would be regulated the same way alcohol is regulated.

Those discussions, I understand, are still under way.

But if I'm an employer, what can I do?

You have the authority to smoke at home.

All right.

Once things move forward, how does that affect my ability to manage you at work?

Are you allowed to come to work under the influence of marijuana?

Jim: Well, there are very specific employer rights under the legislation that was passed.

So employers are still able to have their drug free workplace policies and implement those.

They can still have their current drug testing programs and implement those.

They can still do pre-employment testing.

They can still discipline and terminate employees for using marijuana just like they just like they always have been able to do.

So there's a lot of flexibility for employers.

So I think employers need to remember that when they're looking at this issue, individuals in Ohio overwhelmingly passed a don't use marijuana.

So employers need to look at look at that.

There's a majority of Ohioans believe that they should be able to use marijuana legally.

In fact, in certain demographic age groups, the 18 to 24 age group voted 80, nearly 85% in favor of the legislation.

So voters need to recognize that that age group heavily favors legalization of marijuana and some of the most recent surveys around the country show that 30% of individuals in the 18 to 34 age demographic are actually current users of marijuana.

So with with that in mind, employers need to structure their programs and and remember that a lot of their employers overwhelmingly support legalized marijuana legislation.

So when you're communicating to your employer employees as an employer, you should have a, you know, a good reason.

Employers do have good reasons for continuing to implement their drug free programs and marijuana testing programs.

And it is a safety issue, particularly a lot of them employees are working in safety sensitive positions, driving positions and and operating equipment and those sorts of things.

So employers can still maintain those programs.

So employees need to know that, too, that just because this legislation passed does not mean that they can go and purchase marijuana from somebody on the street and say and show up to work and say, well, yeah, it's legal now.

Yeah.

First of all, they couldn't purchase it.

First of all, they couldn't purchase that legally because the dispensaries aren't up and running and and they have to go to a dispensary to purchase it.

And second of all, you can't you can't violate your employer's policies regardless of whether or not marijuana recreation, marijuana is legalized.

Doni: So you are clearly instructing or suggesting strongly to employers that they review those policies.

And if they don't have them in place, that they put them in place.

Jim: Employers need to review the policies, revise their policies, need to understand what those policies are.

And employees, supervisors certainly need to be trained about what those policies are employee and they need to be communicated to employees as especially after this legislation passed, because there was a lot of publicity about, wow, you know, I can now possess use, consume rights.

That's up to 2.5 ounces of plant material under the particular statute.

So employees hear that.

So employers need to get out there and do a good job of communicating to employees and say, you know, this is our policy.

You know, this might be the law in Ohio that passed.

But but we still have this policy and this is why we have this policy and we are, you know, going to make some changes to this policy or we're not.

It's still going to be the same policy.

So I think employees have a responsibility in that respect and know that their employers policies and employers have a responsibility to actually communicate that and revise those policies and re communicate that to their employees.

Doni: And I think it would be important and I'm surmising this only from this conversation, that even though ultimately there will be regulations around the personal use of marijuana, state laws still prevail.

So you're not going to be able to drive under the influence of marijuana and say, but yes, but it's legal for me to to smoke.

Jim: And that's right.

That you and that, you know, citizens need to understand that they can't just pick and choose the parts of the ballot initiative that they sort of agree with, which is being able to possess and consume, legally consume, you know, marijuana.

There are other parts of that legislation and as you noted, other religious legislation as well.

But part of what was passed was that you can not drive a vehicle certainly under the influence.

You can't even a passenger cannot be consuming marijuana in a vehicle, let alone a driver under the legislation and a watercraft.

So not just a not just a car, but a motor vehicle boat.

And I think people need to need to know that, understand that.

Doni: So if the person so the person next to me cannot be smoking while I'm driving.

Jim: That's correct.

Doni: Okay.

Jim: And of course, most if you're an employee, most employers prohibit use of marijuana in a company vehicle or if they're driving from work anyway.

So you have your employer's prohibitions of that.

You have the legal prohibitions under under the statute that says that, you know, no one can be smoking marijuana in that in that vehicle, regardless of whether you're a passenger in the vehicle.

Of course, no one under 21 can possess it or use it or consume it.

Doni: Right.

And I think it's important to remind people that this law in no way will erase penalties for possessing over the legal amount so that you still may be arrested and charged with illegal possession.

If you have more than what the law allows you to have.

Did?

I guess that's.

Jim: Correct.

2.5 ounces is the current limit just that's for plant material and and 15 grams of concentrate concentrate as will legal limit for whether it's concentrate or another, you know, another type of material.

So not plant material.

So you can't possess any more than that at one point in time.

Doni: Is is there is there the possibility that people will run afoul of federal law in trying to follow state guidelines?

Jim: Well, I think if people so long as people aren't transporting their legally acquired marijuana over state lines, as we discussed before, I think people should be able to not run afoul of federal law.

Where federal law comes into play is when you're purchasing your legal marijuana.

You know, it's very difficult from the I guess, the businesses standpoint to operate as a business because it's marijuana still illegal as a matter of federal law.

So the the proceeds of the sale are what do you do with those?

Doni: What do you do with it?

You know.

Jim: What about the the can we use banks or, you know, banks?

You know, those are profits from, you know, the legal sales in Ohio but in most legal was a matter of federal law, right?

Yeah.

So the law tries to address that and and indicates that no, you know, professional entities, no finance financial institutions will be held to violate any Ohio law by, you know, accepting money from a legal enterprise.

But it's legal in Ohio.

But it but it still can't overrule the federal law.

So the federal government has been trying to pass some legislation called the Safe Banking Act that would at least allow the financial institutions to take in that money without penalty.

Yeah, without any sort of penalty.

Doni: So you would say as we end our time together today, you would say people just need to sit and wait.

Rules are on the way and they'll know all they need to know pretty soon.

Thank you for joining us.

Jim: Thank you for having me.

Doni: Absolutely.

I hope to talk to you again soon.

And thank you for joining us.

And we will see you the next time.

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