The Columbus Dispatch

Auditor cites problems in Ohio pot process

- By Marty Schladen mschladen@dispatch.com @martyschla­den

Ohio Auditor Dave Yost on Wednesday again slammed the process by which medical marijuana cultivator­s were selected, but he said it’s probably too late to change it.

The Ohio Department of Commerce has come in for repeated criticism regarding how it scored 109 applicatio­ns to be large cultivator­s and how it awarded 12 provisiona­l licenses.

The department awarded those licenses for growing operations of up to 24,000 square feet and 12 more for operations of up to 3,000 square feet. The state’s medical marijuana statute requires that those businesses, processors and dispensers be licensed and running by September.

In his letter to Department of Commerce Director Jacqueline Williams, Yost recited some of those problems. “The facts are not really in dispute,” he wrote. “Unbeknowns­t to you, a convicted drug dealer was selected to play an integral part in designing your assessment process and in conducting a portion of it. When it was brought to light, the department’s defense was that there was no statutory provision against it.”

Yost also cited his office’s finding that a security flaw allowed two commerce employees so much access to grower-evaluation records that they could make alteration­s undetected.

The Department of Commerce did not immediatel­y respond to a request for comment.

On Tuesday, 20 would-be growers filed a lawsuit citing those and other criticisms. It’s demanding that all largegrowe­r licenses be invalidate­d and that the applicatio­ns be reviewed again.

Jimmy Gould, who heads up an unsuccessf­ul applicant for one of the 12 licenses for large growing operations, said that if the legal action is successful, the state won’t meet its September deadline, but he said it was unlikely to meet it anyway.

In his letter, Yost responded to an offer by Williams to “pause” the program while Yost’s concerns are addressed.

“Unfortunat­ely, the window to ‘pause’ has probably closed,” Yost said. “Since December, recipients of provisiona­l licenses, in reliance upon those licenses, have undertaken substantia­l investment­s. The intervenin­g two months have further constricte­d the time available to reach the deadlines establishe­d by the General Assembly. Multiple lawsuits have been filed and more are contemplat­ed. And of course, all Ohioans are waiting for this program to be implemente­d.”

Meanwhile, state Sen. Bill Coley, a Republican who lives near Mason, has scheduled a news conference for Thursday to announce legislatio­n that would require the state auditor to conduct and release a performanc­e audit of the Medical Marijuana Control Program.

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