MARIJUANA & OHIO PAST, PRESENT, POTENTIAL A research-based public policy review and discussion presented by the Marijuana Policies of Ohio Taskforce Joe Deters, Chair June 2015 Table of Contents Chair’s Letter . 2 Executive Summary . 3 Impact on Ohio’s Economy . 35 Impact on Public Safety . 53 Consequences of Marijuana Possession Offenses . 69 Impact on Individual and Public Health . 81 Appendix A: Bibliography . 147 Appendix B: The Economic Model Used . 166 Appendix C: Taskforce Members . 179 MARIJUANA POLICIES OF OHIO TASKFORCE 1 My Fellow Ohioans, Our nation’s laws, perceptions and opinions about marijuana are evolving rapidly . After spending much of the 20th Century imposing ever-stricter prohibitions on marijuana, America has recently taken a second look at the impacts of marijuana use, its potential as a medicine, and the tangible tradeoffs and costs that criminalizing its possession has had on our communities . This reevaluation has pushed the national conversation about marijuana, broadly, in one direction: toward a less restrictive, less criminalized stance . This conversation is taking place in every state, and true to the genius of our Constitution, different states are trying to find approaches to marijuana law that most appropriately reflect the opinions, beliefs, and needs of their citizens . The question of changing Ohio’s approach to marijuana policy may soon be put before voters – most likely on the November 2015 ballot . The rapid pace of change in marijuana policy across the country, however, has made it difficult to keep up with the experiences, research, and practices occurring in different states . Political arguments from all sides of this debate have made it even more challenging to separate fact from opinion . As a county prosecutor, I have seen firsthand how ineffective, inefficient, and sometimes harmful, our current marijuana laws are, but I know that voters need more than my perspective – or that of any elected official – to make their decision . Ohio cannot afford to make decisions about marijuana policy and law based on unsubstantiated and often unsupported talk on both sides of the issue . Ohioans need and deserve an honest and in-depth assessment of the positive and negative impacts that ending marijuana prohibition may have, so they can make up their own minds . It is this need for an honest, fact-based appraisal that led me to chair this Taskforce . I previously participated in and led groups that looked at other issues, like gun violence, that were important, complicated, and potentially divisive . Through these efforts, I learned the value of both taking an honest look at the real and expected impact of proposed policy changes, and laying your findings for the public in a clear, accessible way . Our report reflects this two-pronged approach . It is the result of the collective work of a diverse group of Taskforce members and policy experts and provides an in-depth look at the effects Ohio can anticipate from initiatives to end marijuana prohibition, focusing on three important areas: 1) Public Safety and Law Enforcement; 2) Economic Impact; and 3) Public Health . Most importantly, this report does not endorse any issue or side, and it does not recommend Ohioans vote one way or another . Instead, it provides a straightforward collection and analysis of current research, data, and best practices from around the country . I believe this report will give Ohioans the clear information they need to make informed decisions, in November and thereafter, about potential changes to Ohio’s marijuana policies and laws . I look forward to continuing this important discussion throughout Ohio in the coming weeks and months . Thank you, Joe Deters Hamilton County Prosecutor 2 MARIJUANA POLICIES OF OHIO TASKFORCE EXECUTIVE SUMMARY MARIJUANA POLICIES OF OHIO TASKFORCE 3 4 MARIJUANA POLICIES OF OHIO TASKFORCE EXECUTIVE SUMMARY INTRODUCTION As Ohioans consider approving the personal and therapeutic use of marijuana, legitimate questions are being raised about the way in which legalization will impact the economy, public safety and public health . In many instances the answers to those questions are, as is often the case with controversial public policy matters, colored by the political perspective and philosophy of the person or group providing the reply . As a result, citizens are being subjected to a debate that is often clouded by unsupported and/or exaggerated claims and counter-claims offered by advocates on both sides of the issue . Sorting through the rhetoric and distinguishing reality from fiction can be a difficult challenge for those who want to make an informed choice about legalization . That challenge is made even more daunting by the fact that marijuana’s classification as a Schedule 1 Substance by the federal government in 1971 has severely limited the amount and type of scientific and medical research that has been conducted relative to its health effects and medical efficacy . While billions of dollars were and continue to be spent by public and private entities to clearly identify and abate health hazards associated with everything from tobacco to texting as well as to develop treatments and/or cures for maladies ranging from cancer to impotence, marijuana and its components have been the subject of comparatively few broad-based, scientifically valid studies . Finally, an examination of the overall impact of legalization must be made in the proper context and with the acknowledgement that thousands of Ohioans of all ages now use marijuana each and every day and are currently exposed to the risks associated with that behavior . They obtain the cannabis they are ingesting from unregulated, untaxed, unlicensed sources . It is grown in fields located in this and other states as well as in foreign countries . It is impossible to track its origin, whether or not it has been exposed to pesticides or other chemicals or how it has been processed . All this must be taken into consideration by anyone who wants to make an objective decision about whether and to what extent marijuana should be legalized in the state . Overview of the Responsible Ohio Amendment The proposed Constitutional Amendment drafted by Responsible Ohio will legalize the personal and medical use of marijuana and marijuana-infused products in the state of Ohio . The Amendment achieves this goal by establishing a sound regulatory and taxation structure that will enable Ohioans over the age of 21 and patients with debilitating medical conditions to access products that are grown and processed in accordance with strict safety and health standards and sold in tightly controlled, safe environments . Amendment supporters say legalization will generate hundreds of millions of dollars in additional tax revenue for the state and local governments each year, create tens of thousands of new jobs, and inject billions of new dollars into Ohio’s economy . The Amendment features a number of provisions designed to make it extremely difficult for people under the age of 21 to obtain marijuana and to substantially reduce and the multi-billion dollar black market that now exists in Ohio . MARIJUANA POLICIES OF OHIO TASKFORCE 5 Ohio Marijuana Control Commission Composition. In recognition of the unique nature of the industry it creates, the Amendment establishes the seven- member Ohio Marijuana Control Commission that will be dedicated solely and exclusively to the comprehensive oversight of every facet of the growth, processing and distribution of marijuana within the state . Commission members will be appointed to staggered four-year terms by the governor, must be residents of Ohio and must not have held elective office in the eight years prior to their appointment . The OMCC will be comprised of the following: • A licensed Ohio physician • A sworn Ohio law enforcement officer • A licensed Ohio attorney experienced in administrative law • An Ohio-based patient advocate • An Ohio resident with demonstrated experience in owning, developing, managing and operating businesses • An Ohio resident with demonstrated experience in the legal marijuana industry • A member of the general public Legalization Mechanism The Amendment utilizes the following language to legalize the medical and personal use of marijuana Personal Use of Marijuana. It is lawful for persons 21 years of age or older to purchase, possess, transport, use and share with another person 21 years of age or older one ounce or less of marijuana or its equivalent in marijuana-infused products . Homegrown Marijuana. It is lawful for persons 21 years of age or older to grow, cultivate, use, possess, and share with another person 21 years of age or older homegrown marijuana in an amount not to exceed four flowering marijuana plants and eight ounces of usable homegrown marijuana at a given time; provided, however, that such person must first obtain a non-transferrable license pursuant to Ohio Marijuana Control Commission- promulgated rules and regulations, which include, at a minimum, registration requirements and rules ensuring that homegrown marijuana is not grown or consumed within public view and that home-growing takes place in an enclosed, locked space inaccessible to persons under the age of 21 . Use of Medical Marijuana for Debilitating Medical Conditions. It is lawful for patients with debilitating medical conditions to acquire, administer, purchase, possess, transport, and use, and for licensed caregivers to acquire, administer, purchase, possess, transport and transfer, medical marijuana