Ohio’s medical marijuana law may not pass constitutional challenge

The recently signed law that would legalize medical marijuana in Ohio starting Sept. 8 contains an apparently unconstitutional provision, the Associated Press reports.

Ohio Sen. Bill Seitz, a Cincinnati Republican, said lawmakers were aware of the legally questionable element included in the bill but left it in to gain needed votes.

The law requires at least 15 percent of Ohio’s cultivator, processor, retail dispensary and laboratory licenses to go to businesses owned by blacks, Hispanics, Asians or Native Americans as long as an adequate number of companies within those parameters apply. Similar racial preference rules have failed to stand up in court.

Seitz said the state’s upcoming Medical Marijuana Advisory Committee should review the law because of government licensing that could be affected.

“I certainly think it’s something the Marijuana Advisory Committee ought to take a look at,” Seitz told the AP. “Because we’re not just talking about government contracts, but government licenses.”

To read more: http://www.bizjournals.com/columbus/news/2016/07/25/ohios-medical-marijuana-law-may-not-pass.html

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