Legal challenges expected after medical marijuana growers named

Published: Friday, December 01, 2017 @ 5:07 PM


            Marijuana. CONTRIBUTED
Marijuana. CONTRIBUTED

A dozen business owners are delighted by the state’s marijuana grower license awards announced this week but 97 others failed to make the cut and some are threatening to sue.

The Ohio Medical Marijuana Control Program on Friday released scoring results for all 109 applicants for Level 1 cultivation licenses: 73 failed to meet the minimum requirements and were disqualified from consideration; 36 scored 142 or higher on a scale from 100 to 200; 12 won provisional licenses.

Related: Springfield, Yellow Springs land large marijuana growing operations

“We do not accept the state of Ohio’s Level I Cultivation Application results and have begun a full-throated challenge of the selection process. Our legal experts have uncovered several fatal flaws and more are expected to be uncovered through discovery,” said Jimmy Gould, chief executive of CannAscend Ohio, which was disqualified.

Gould and his business partners were the primary drivers behind the 2015 failed statewide ballot issue to legalize marijuana for recreational and medical use.

Two companies were granted licenses to grow medical marijuana in the area, one near Springfield and one in Yellow Springs.

State employees and consultants conducted blind scoring of the applications, which were graded based on how they would handle operations, quality assurance, security and finances.

Losers will be notified of the state’s administrative appeals process, according to the Ohio Department of Commerce, which regulates the new industry alongside the state medical and pharmacy boards. Those not satisfied with the appeal can file lawsuits.

The large scale growers may have up to 25,000 square feet of cultivation while the 12 small scale growers can have up to 3,000 square feet.

Next, the state will start accepting applications for processor licenses on Dec. 4.

Related: Ohio announces first medical marijuana grower licenses

The state is reviewing 370 applications for up to 60 dispensary licenses. Private lab license applications are due Dec. 8, and processor license applications are due Dec. 15.

The entire program, which is expected to be funded by fees, is required to be fully operational by Sept. 8, 2018.

The Medical Marijuana Control Program is jointly managed by the commerce department, pharmacy board and state medical board. Regulators have been busy writing rules and guidelines for growers, processors, testing labs, dispensaries, patients and caregivers as well as reviewing and scoring applications for licenses.

The law stipulates that patients meet one of 21 conditions to be allowed to use medical marijuana. The law authorizes use by patients with 21 conditions, including cancer or chronic pain, in the form of edibles, oils, patches and vaporizing. Patients and their caregivers will be allowed to possess up to a 90-day supply. Smoking or home growing is barred.

Twenty-nine states have legalized medical use of marijuana and eight states have approved it for recreational use. Marijuana is still classified as a prohibited controlled substance under federal law with no recognized medical uses.

Staff Writers Michael Cooper, Will Garbe, Ed Richter, Josh Sweigart and Michael Cooper contributed reporting.

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Grass fire in Fairborn Community Park is extinguished

Published: Thursday, April 26, 2018 @ 6:03 PM
Updated: Thursday, April 26, 2018 @ 7:03 PM

UPDATE @ 7:02 p.m.: Crews tell us they don’t know what caused the fire in prairie grass at Community Park that burned an area approximately 100 yards by 100 yards.

There were no injuries, officials said.

INITIAL REPORT

Crews are dealing with a grass fire reportedly in Community Park, on East Dayon Yellow Springs Road in Fairborn. 

The park is near I-675 in Greene County and there were calls to police dispatch about a grass fire near the interstate. 

The incident was dispatched just after 4:20 p.m. 

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We're hearing that about an acre is burning. 

We have a crew on the way to check it out. Stay with whio.com for breaking news. 

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com

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MetroParks ranger arrests man who takes a swing at him at RiverScape

Published: Thursday, April 26, 2018 @ 7:24 PM

MetroParks ranger arrests man who takes a swing at him at RiverScape

A MetroParks ranger was giving a man a ticket involving an alcohol violation Thursday afternoon when the man took a swing at the officer. 

That resulted in the man's arrest, according to a MetroParks sergeant. 

The incident, dispatched about 6:16 p.m., occurred in the 100 block of Monument Avenue at RiverScape MetroPark. 

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No one was injured. 

The man will be charged with the alcohol offense as trespassing and assault on a law enforcement officer. He was taken to the Montgomery County Jail.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com

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Police surround home in Xenia, at least one person in custody

Published: Thursday, April 26, 2018 @ 3:08 PM
Updated: Thursday, April 26, 2018 @ 3:51 PM

Police activity in Xenia

Update@5:15 p.m.:

Deputies recovered a weapon while searching the apartment building that the suspect ran into, Sheriff Gene Fischer said. It’s not clear if it’s a pellet gun or a real handgun, but they’re working to confirm, he said.

The sheriff said they think it’s the same weapon that the suspect pointed at the deputy. 

UPDATE @ 3:50 p.m.:

One person has been taken into custody according to Xenia Police. 

UPDATE @ 3:25 p.m.:

We’re hearing reports that someone has been taken into custody after running from the building that was surrounded in the area of East Market Street and North Monroe Drive, according to initial emergency dispatch reports.

INITIAL REPORT:

Police activity has been reported in the 200 block of East Market Street this afternoon after police have reportedly surrounded a home in the area.

Initial dispatch reports indicated a person may have pointed a gun at a law enforcement officer around 3 p.m.

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We’re working to learn more.

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Running vehicle leads police to apartment drug operation in Dayton

Published: Thursday, April 26, 2018 @ 6:00 PM

An investigation into a vehicle found unoccupied with the engine running on a sidewalk led police to an apartment believed to be used for drug manufacturing, according to a Dayton police incident report. 

Officers patrolling in the 200 block of West Beechwood Avenue in Dayton found a Dodge pickup truck parked over the sidewalk with the engine running around 9:30 p.m. Tuesday. Police attempted to locate the driver of the vehicle, noting the parked car presented a hazard to pedestrians attempting to walk on the sidewalk, officers  said. 

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While checking apartment units for the possible owner of the truck, police found the door to one unit opened with $79 in cash lying on the ground, officers said in the report. There was also a digital scale, which is commonly used to weigh illegal drugs, the report said. 

The officers identified themselves before entering the apartment, but there was no response. Fearing that someone may be injured, they entered the apartment and found additional items that are commonly used for illegals, the report said. 

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The items included a hydraulic press, which drug dealers use to press and compact illegal drugs, several razor blades with what appeared to be cocaine residue on them, several false bottom containers, 404 grams of suspected cocaine, 783 grams of suspected heroine and a semi-automatic handgun, $79 in cash and several other items that indicated the apartment was being used to manufacture and package illegal drugs, the report said. 

The items were taken into evidence, but it’s not clear if anyone was charged. 

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