On Thursday, supporters of a ballot initiative to legalize cannabis in Ohio sent cease-and-desist letters to local television stations to try to stop them from airing ads against the measure that they claim are “filled” with lies.
Tom Haren, spokesperson for the Coalition to Regulation Marijuana like Alcohol, said, “It is incredibly disappointing whenever Ohio voters are misled, but it’s evident that our opposition has no other option to defeat Issue 2.
A copy of the letter that was included in a press release for the campaign stated that two television advertisements from the organization Weed Free Kids contained “multiple false or misleading statements” about the proposed legislation.
Donald McTigue, a lawyer at McTigue & Colombo LLC in Columbus, wrote that unlike candidate ads “organizations such as ‘Weed Free Kids’ do not have a right to command the usage of broadcast facilities. Because stations are not required to run issue advertisements, the letter continued, “your broadcast station bears its own responsibility when you grant access.”
The letter cites federal regulations and court cases to say that the stations are required to protect the public against false, misleading, or deceptive advertisements, and warns that failure to comply “can result in the loss of license for a station.”
It says: “My client requests that your station immediately cease broadcasting these advertisements in the interest of accurate discourse about the proposed law.”
The Yes campaign has uploaded videos on YouTube as a reference.
One, entitled ” flatline,” flashes warnings on the screen while the sound of the EKG machine iseps intermittently. A constant beep near the end of an advertisement indicates heart failure or death.
The ad contains a number of alleged lies, including that the initiative would “allow recreational marijuana to be sold in Ohio stores without any protection for children.”
In another ad called ” candy “, the opposition campaign claims that “stores may be flooded by candy that is laced with drugs that put kids at risk” — a claim that was juxtaposed to a background product called Stoney Patch Kids which looks like Sour Patch Kids candy.
In 2019, the manufacturer of Sour Patch Kids sued the producer of these products. These products are not regulated and they cannot be purchased in cannabis shops licensed by the state. The Federal Trade Commission sent a warning to the company earlier this year.
The opposition claims that “Issue 2, which allows marijuana manufacturers to sell their edibles under the name of sweets or candy, does not provide any protections for children.” “That means that many children will be poisoned with look-alike products.”
Seven pages of fact-checking material are included with the cease-and-desist letter. These notes were meant to show the alleged falsehoods contained in the Weed Free Kids advertisements.
The Yes on Issue 2 campaign, for instance, identifies several provisions that are intended to protect children from negative impacts. Sales would be limited to adults over 21. Stores would be required to verify customer ID before purchase. And facilities would be prohibited from being located near schools, playgrounds and parks.
The regulators would be able, however, to also adopt rules that prevent advertisements directed at children, as well as “narrowly tailored restrictions on time and location to prevent advertising targeted towards minors.”
In response to a claim made by Weed Free Kids that edible marijuana would be sold as candy and look like candy, the Yes campaign pointed out that regulators could set rules to “prevent advertisements that are false or misleading, directed at minors, encourage excessive use, promote illegal activity, etc.”
The campaign noted that existing state medical marijuana regulations prohibit advertising that contains “any image resembling a cartoon character or fictional character with a target audience of children or youth or pop culture icon.” Companies may also not market, sell or offer apparel or other merchandise for people younger than 18 years.
“Regulation doesn’t increase youth use.” “The data are clear after nearly a decade of adult-use sales regulated by the government,” says the document, pointing out four published studies that show no change in marijuana use among minors or young adults.
Weed Free Kids didn’t immediately respond to Marijuana Moment’s email request for comment. However, it elaborates on its web page its opposition to this measure.
A survey conducted by the campaign, published last month, found that nearly 3 in 5 state voters support adult-use marijuana legalization.
The Ohio Chapter of the American Academy of Pediatrics is the latest group of opponents to speak out against this initiative. In an announcement, they claim that the legalization of marijuana has led to more use of marijuana by youth, as well as increased auto accidents and deaths, crime, and impairment at work.
Other opposition groups include the Association of Health Commissioners which represents Ohio’s local health departments as well as the Ohio Children’s Hospital Association and the Adolescent Health Association as well as law enforcement groups and some business groups.
The key provisions of the measure for legalization on the 7th November ballot:
- This initiative will allow adults over 21 to possess up to 2.5 ounces (or 15 grams) of cannabis. They can also possess up to 15 grams (or 2.5 ounces) of marijuana concentrates.
- Each individual could grow six plants to use for their own personal needs, and a maximum of 12 plants in a household.
- The 10 percent tax on cannabis sales would go to fund social equity and job programs (36%), localities who allow adult-use marijuana businesses to operate in their areas (36%), education and drug misuse programs (25%), and administrative costs for implementing the system (3%).
- The Department of Commerce would establish a Division of Cannabis Control. The division would be able to “license and regulate adult-use cannabis operators, adult-use testing laboratories, as well as individuals who are required to have a license.”
- This measure will give current medical cannabis businesses an advantage in the recreational market. Within nine months after the law’s enactment, regulators would have to start issuing adult use licenses to applicants who are qualified and operate medical cannabis operations.
- The division will also have to issue 50 adult-use retail licenses, and 40 recreational cultivator licences. This is “with preference given to applicants who are participating in the cannabis social equality and jobs program.” It would also authorize regulators to grant additional licenses for recreational market after two years.
- Municipalities could opt not to allow new recreational cannabis businesses to open in their region, but existing medical marijuana companies would still be allowed to operate even if adult-use operations were to be added. Employers can also enforce policies that prohibit workers from using cannabis for adult purposes.
- The Department of Mental Health and Addiction Services would also be required to enter into an agreement to provide “cannabis-addiction services” which would include “education and treatment of individuals with addiction issues to cannabis or to other controlled substances, including opioids.”
- Some advocates worry about the lack specific language regarding automatic expungements, which would clear the records for people who have convictions from crimes that would become legal under the new legislation. The measure includes a clause requiring regulators “to study and fund” criminal reform initiatives, including expungements.
According to a recent study by researchers at Ohio State University, the state could receive between 257 million dollars and more than 400 million dollars in tax revenue each year through legalization.
Republicans in Ohio are divided over the issue. Gov. Mike DeWine stated in August that it would be “a real mistake” for us to have recreational cannabis. He added that he had visited Colorado after its legalization in 2012, and seen what he called an “unmitigated catastrophe.”
Last year, Sen. John Hickenlooper, who was Colorado’s governor in 2012 and was a Democrat, stated that he had initially been concerned that legalization might encourage more young people to use drugs, but now believes that these worries were unfounded.
“I believe we have proven and shown that there has been no increase in teenagers’ experimentation with drugs.” Hickenlooper stated that there was no change in the frequency of use or driving while high. “All of the things that we were most concerned about didn’t happen.”
The policy change is supported by one of Ohio’s Republican members of Congress. Rep. Dave Joyce, R-OH, co-chairman of the Congressional Cannabis Caucus told Marijuana Moment earlier that the representative is “supportive of the measure and intends to vote yes.”
If the initiative is passed, the number of states that have legalized adult use will increase to 24.
Ohio voters rejected the 2015 measure on 64-36, which would have changed the state constitution to legalize pot and give the control of the market a small group producers. The organizers of the current campaign claim that they have learned lessons from the failure when crafting the current initiative.
In May , bipartisan Ohio legislators submitted a separate bill for legalizing marijuana. This gave the Ohio legislature a second chance to lead the reform. It has not yet advanced, but now it is up to the voters to decide.
Below is the full letter of cease and desist from the Coalition to Regulate marijuana like alcohol:
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