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Hey, Ohio, learn from our experiences before finalizing legal weed regulations

People in Michigan have advice for OH before it finalizes recreational cannabis
Posted at 5:30 PM, Nov 16, 2023
and last updated 2023-11-16 18:23:21-05

CLEVELAND — Now that Ohio voters passed Issue 2, allowing the sale of recreational marijuana, what can our state learn from others who have already gone through this process? During our series Marijuana in Ohio, we headed to Michigan to ask those who’ve been there and done that about what the learning curve has been like. They had advice about stores, legal fights, schools and more.

MAYOR SAYS SOME APPLICANTS 'ABUSED THE PROCESS'

As the mayor of Hazel Park, Michigan, with a population of 15,000 just outside of Detroit, Mike Webb has gone through the stages of legalizing marijuana.

“I still don’t have a problem with recreational,” said Mayor Webb. “It’s just the people that have abused the process of the recreational is the issue.”

He said that abuse came when his town wanted to limit the number of dispensaries.

“We approved some…then we went through the process of the 36 applicants we had for four places,” he told us.

Pot prospectors took them to court, challenging the approval process.

“Operators will come in and spend a lot of money trying to get a license, and even if they win, they’re still now holding this real estate and waiting years for the litigation to end,” said Michigan Attorney Barton Morris.

Mayor Webb said they had to just give in and allow more pot stores to pop up instead of fighting lengthy and costly legal battles.

“Whatever you do (in Ohio cities), make sure you have a bulletproof ordinance because the lawyers are going to come for you,” he warned.

DEDICATE A STAFF MEMBER TO CANNABIS ISSUES

The City Manager for nearby Ferndale, Michigan, said Ohio municipalities that want marijuana sales should dedicate a staff person to be the city’s cannabis expert.

“We needed someone on the front end,” said Joseph Gacioch. “There are a lot of planning and zoning considerations. You got to understand what your buffers are going to be. What are your absolute no-gos?”

In Ferndale, Wally Manju owns the store Nature’s Remedy. He said he’s seen questionable owners come and go.

“I think some of these states really need to pay attention on how people are going to be dedicated to these facilities,” said Manju. “Are they just in it for overnight? Or are they in it to stay in it?”

EMPLOYMENT DRUG TESTING

And what about employees in Michigan? Many government agencies have just stopped pre-employment marijuana screenings. However, private businesses are allowed to drug test workers and job applicants and even fire people if they test positive. That could open up more legal challenges here in Ohio.

“If a person shows up to a drug test that’s related to a job opportunity and they test positive for cannabis, depending on the type of test, it could have been from a month prior,” said Michigan Attorney and employment law expert Brett Gelbord.

OHIO SCHOOLS SHOULD GET PREPARED

Meanwhile, Hazel Park School District said it’s seen more cases of cannabis in schools. Attitudes toward pot have changed now that it’s legal.

“We spent so much time back in the day about alcohol, teen driving drunk, right? The MADDs, the SADDs, where we need more of that now in terms of the marijuana,” said High School Principal Tammy McHenry.

The district said it’s had to install vape sensors in all bathrooms, something Ohio schools should consider to catch THC vaping.

“The kids who bring it to school are bringing it in every form,” said Detective Xavier Piper with the Hazel Park PD. “Whether it’s a gummy, an edible… whether it’s small THC vape pens that are easily hid or passed off.”

IS THE MARKET NOW SATURATED?

With so many products now offered from eight marijuana stores in their two-square-mile town, Webb said he’s noticed an issue.

“We have a little bit of a problem here because now the market is saturated,” he told us.

There’s a similar feeling in Ferndale.

“It’s really saturated now. They’re on every corner,” said Manju.

What’s interesting is while those two areas battle saturation, Detroit leaders fought for years to keep recreational marijuana dispensaries out of the city, only allowing stores to finally open this year.

These lessons from Michigan are all things to keep in mind as marijuana becomes legal in Ohio.

“Is it the best thing we did? I can’t say it is,” said Webb. “But is it a good thing to help out financially? Yes, it is.”

Speaking of money, people in Michigan also talked about the sales tax. It’s 10% there, like the law here is currently written. They said it’s important to keep it lower to help prevent the black market from undercutting regulated prices.