This presentation discusses the legal implications and business impact that legalized marijuana has had across the United States and would have in Ohio if such a law was enacted. Topics covered included the national and international footprint of legalized marijuana, a history of its legalization, the current legislative landscape for states considering legalization, an overview of the stance of each presidential candidate on the issue, and the steps the Ohio legislature has been taking to research and understand the perspectives of voters across the state. There was also an in-depth discussion about what legalization of medical or recreational marijuana would mean for Ohio employers and HR managers, including the new employee protections and accommodations that would likely change long-held workplace policies and create financial and administrative burdens on businesses. Tony Fiore, an HR advocate and attorney-lobbyist at Kegler Brown, presented this program on March 10, 2016, to the Greater Cincinnati Human Resources Association.

1. TONY FIORE
Of Counsel, Kegler, Brown, Hill + Ritter, LPA and
Director of Government Affairs, Ohio State Council of SHRM
GCHRA
Hazed & Confused: The Impacts and
Implications of Legalized Marijuana
March 10, 2016

3. MARIJUANA’S GLOBAL FOOTPRINT
Source: Wikipedia;
SCG Legal Counsel;
Country Websites

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Timeline of Medical Marijuana
Legalization in the U.S.
1996: California
1998: Alaska, Oregon,
Washington
1999: Maine
2000: Colorado, Hawaii,
Nevada
2004: Montana
2006: Rhode Island
2007: New Mexico, Vermont
2008: Michigan
2010: Arizona, New Jersey
2011: Delaware, Washington,
D.C.
2012: Connecticut,
Massachusetts
2013: New Hampshire, Illinois
2014: Maryland, Minnesota
2015: Georgia: HB1;
Tennessee: SB280; Virginia:
HB1445 + SB1235
Total states: 23/26

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Pending Medical Marijuana Bills
in 2016
+ Target states for MPP
+ Florida (SB 852, HB 1183)
+ Georgia (HB 722, amended after introduction and
no longer comprehensive — the bill now fails to
include in-state access)
+ Indiana (SB 209, HB 1284)
+ Iowa (SF 484)
+ Kansas (HB 2691, HB 2011, SB 9)
+ Mississippi (HB 1360)
+ Missouri (HB 2213, SB 912, SJR 29)
+ Nebraska (LB 643, passed the Senate once in 2015;
three votes in the unicameral Senate required)
+ Pennsylvania (SB 3, HB 193; SB 3 passed the Senate
40-7 on May 12, it is now on the House floor)
+ South Carolina (HB 3140, HB 4003, HB 4037, SB 672)
+ South Dakota (SB 171, amended after introduction
to apply only to low-THC cannabis)
+ Tennessee (HB 561, SB 660)
+ Utah (SB 73)
+ West Virginia (SB 640)
+ Wisconsin (AB 224 — this is both a medical and
adult use bill)

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Think your vote doesn’t count?
Guess again…
Result Votes Percentage
Alaska – Ballot Measure 2 Turnout 56.1%
Yes 149,021 53.23%
No 130,924 46.77%
Colorado – Amendment 64 Turnout 71%
Yes 1,383,139 55.32%
No 1,116,894 44.68%
Oregon – Measure 91 Turnout 70.90%
Yes 847,865 56.11%
No 663,346 43.89%
Washington – Imitative 502 Turnout 81.25%
Yes 1,724,209 55.7%
No 1,371,235 44.3%
Ohio – Issue 3 Turnout 43.24%
Yes 1,166,692 36.35%
No 2,042,902 63.65%

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The Presidential Candidates –
In their own words…
Source: MPP

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Ohio House +
Senate Response

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Ohio House +
Senate Response
Senate: Listening tour around the
state Cleveland, Toledo, Columbus
and Cincinnati

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Ohio House +
Senate Response
House Medical Marijuana
Taskforce: Public hearings
through March 31, 2016

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4Potential Options
(regarding other states)
1. CBD Pilot Prg + Studies (AL)
2. CBD with Growth +
Manufacture
3. Whole plant medical
marijuana
4. Limited Medical Marijuana
(MN, NY)

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Constitutional Amendments
1) Cannabis Control Amendment
2) Legalize Marijuana and Hemp in Ohio
3) Ohio Cannabis Rights
4) Ohio Medical Cannabis
5) Ohio Alternative Medical Treatment
6) End Ohio Cannabis Prohibition Act (EOCPA)
7) DRAFT – MPP/Ohioans for Medical Marijuana
8) Grassroots Ohio Proposal + Statutory Implementation
Initiated Statutes
1) Fresh Start Act – Expungement of drug related convictions
2016 Ohio ballot issues?

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Ohioans for Medical Marijuana Proposal
+ Marijuana Policy Project (MPP)/Ohioans for Medical Marijuana
+ Nearly 8,000 words
+ Focused on Medical Marijuana
+ Projected 215,000 Ohioans would sign up
+ Permits patients with: cancer, glaucoma, positive status for HIV, AIDS,
hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, ulcerative colitis,
agitation of Alzheimer’s disease, PTSD, cachexia or wasting syndrome, severe
debilitating pain, severe nausea, severe and persistent muscle spasms, and
seizures.
+ Patients could purchase or possess up to 2.5 ounces of usable marijuana = about
150 marijuana cigarettes
+ Need doctor’s approval to apply for medical marijuana card
+ Can grow up to six plants and purchase from dispensary
+ Can designate “caregiver” to grow or purchase
+ Caregiver cannot grow for more than 5 patients
+ Medical Marijuana Control Division

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Grassroots Ohio Proposal
+One page constitutional amendment
+ approx. 485 words
+ guarantees the right of adults (21 and
older) to possess, process, transport, use, share, a
nd cultivate cannabis, commonly referred to as m
arijuana, marihuana, or hemp, for medicinal purp
oses, and
+ grants the State the power to tax and regulate its
commercial production, processing and sale in th
e interest of health and safety.
+ prevent using blood or urine tests to prove
impairment of a driver
+ Defines industrial hemp and gives Ohio farmers
right to grow

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Employer Control
Over the Workplace?

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“(E) Protections for the Medical Use
of Marijuana
…
(9) This section shall not be
construed to prevent an individual
or entity from prohibiting or
otherwise regulating the
consumption, display, cultivation,
processing, manufacture, or sale of
marijuana and marijuana
accessories on or in property the
person or entity owns, occupies, or
manages, except that a lease
agreement shall not prohibit a
qualifying patient from consuming
marijuana by means other than
smoking on or in a property in which
the qualifying patient resides unless
failing to do so would cause the
landlord to violate a federal law or
regulation.”

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“(E) Protections for the Medical Use
of Marijuana
…
(10) Nothing in this section,
including division (E)(1), is intended
or may be construed to regulate or
affect the employment relationship
between an employer and a
cardholder, to create a new cause of
action against a private employer, or
to affect the eligibility of a
cardholder to receive benefits under
any insurance program or policy.”

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Thank You!
Tony Fiore, Of Counsel
Kegler Brown Hill + Ritter
afiore@keglerbrown.com
keglerbrown.com/fiore
614.462.5428
@anthoniofiore
Director, Government Affairs
Ohio State Council of SHRM