3-11-26 Sloan with Scotty Hunter - podcast episode cover

3-11-26 Sloan with Scotty Hunter

Mar 11, 202619 min
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Episode description

Ohioans voted to legalize marijuana and other cannabis products almost 2 years ago. Late last year, Ohio Governor Mike DeWine banned the production and sale of THC beverages. Urban Artifact CEO Scotty Hunter is now suing the Governor saying he did not have the authority to do so. He joins Scott to discuss his lawsuit.

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Transcript

Speaker 1

Do you want to be an American? Scott Sloan back on seven hundred WLW so Dwine had his State of the Union address or I guess State of the State address to be what are called. I'm still in Trump mode here because he's coming to town. So four Ohio breweries, including two right here in Cincinnati, are taking the governor to court over his ban on th drinks. The governmor not mentioned this in yesterday State of the State address. We've got jobs on the brink and the deadline now

less than two weeks away. And it seems like those Republicans and the Republican legislative body in Ohio Columbus that often talk about how Republicans are about business and small business and opportunity and growth are very anti business. In this case. Scotty Hunter is here. He's the founder and co owner of Urban Artifact, one of the four Ohio breweries in on this lawsuit against the state. Scotty welcome back, having me yeah, of course, by the way, people hear

this go okay. So it's like one line, you guys have craft beer and all these other things, and how much how much money have you invested in this thing? What's on the line here for you.

Speaker 2

Yeah, quite quite a lot, you know, not only from what we've invested, but what we have projected in our

business plans moving forward for this year as well. You know, I think people see the headlines, they see the decline and alcohol consumption and keep waiting out and things like this, especially with the economy the way it is, and you know, these these beverages were an opportunity to you know, grow our businesses in a way that we just can't with alcohol, right like you you can, only you don't can do

so much in terms of changing the consumer's mind. And I think we're seeing just you know a little bit of shifts and you know, taste, some preferences nationally, and you know, it happens over time, It ebbs and flows.

Speaker 1

Yeah. Before his veto, the Wind's veto Senate Bill fifty six allowed THG drinks to remain legal in Ohio throughout the end of through this year or through last year anyway. Eventually you know they're gonna become federally illegal anyway, And someone asked, well, why why are you fighting this. It's going to become illegal in the future by federal edict as opposed to state.

Speaker 2

Yeah no, and that's and there's a great point there. You know, part of the language that was also vetoed was a note from the legislature that you know, federal law were to change on the subject, that they were to revisit this and address it, and that that fight is still ongoing. And you know, President Trump with his executive order a couple of months ago on on cannabis, you know, had a section in there about HEMPT and addressing that band language that got slipped into the spending

bill of fall. So, you know, we still fully expect federal to get some sort of correction and some guidance. It's just they don't. It doesn't move very quickly, right, And so the fact that Ohio would the governor's line with his you know use of the line on in Bido, would take away this opportunity to wind out because maybe he's right, Maybe the federal government doesn't get anything done.

So why why do we need to change anything sooner? Right, there's clearly an established market for businesses, especially businesses that are so key to so many communities across the state that either have gotten into this category, we're getting into

this category. You know, people I know bres across the state that hadn't made a product yet or launched a product and had made a bunch of production, or spent a bunch of money on design and materials and research and development, and that's and that's all for, not with the with the struggle of a pen.

Speaker 1

Yeah, it feels that way. I think it's there's a couple of things going on. Number one is it just doesn't seem right. It seems punitive. It's simply up and pull the carpet out from this thing with the federal band loombing. But I think what happens is that the federal lawmakers look at this and go, wow, look at the uprising in Ohio. Look how upset Ohio is in a pretty red state. If you will that they want

this overturned. I think the Feds would look at that and go, well, we've got time here to debate in the in the legislature and in Congress, and we'll throw some of the stuff out there doing on Ohio, and maybe they overturned the federal ban. I know that's the hope anyway. But this engine, the fact that you're suing right now, I think carries a lot of weight. If lawmakers examine it that way.

Speaker 2

Yeah, no, I agree. I think it's definitely a signal. And there's there's you know, there's fights that go on, you know, in terms of have products in states all the time, Ohio is pretty unique and that our legislature is almost always in session. They take breaks, but you know a lot of legislatures are only in session for a few months of the year and then they're they're done. Ohio.

It's almost a kind of a constant, constant battle, which I don't think people realize that you don't live outside of the state.

Speaker 1

Scott, your statement said, this is an unwarned executive overreach. Make the legal case in plain english for me. Why you believe the governor didn't have the authority to do this?

Speaker 2

Yeah. Yeah, So it's you know, it goes back to the Ohio Constitution and the governor has granted the power for a line on and b know, for an item of appropriation. And for folks that don't you know, understand legald are not in before you know this whole situation. An item of appropriation is like addressed, taking like tax moneies and dispersing them. Right. So in this bill, there's

a provision on the tax revenue from recreational marijuana. And that was the justification that the governor was using to line on and veto other sections of this bill. And that's not what the Ohio Constitution says. It says you can line on in veto a item relating to an appropriation of money. He line on and veto sections relating to him defined differently than the state than the marijuana revenue.

That was but fourth and then further than that, the governor has the ability to veto nobody's debating that, right, but he if he doesn't like a billity, he needs to veto the entirety that also goes back to the

legislator to be worked on and addressed. If the governor has allowed this type of unilateral power, then it kind of neuters what the legislature is there for, right because I can tell you, and I'm not going to name names, but we have a lot of politicians at the State House in our corner on this situation or on this issue, excuse me, and they would not have passed this bill without that carbout like this was instrumental and them accepting a deal between all the different folks between the House

and the Senate to put this through and send it over to the governor. So the fact that the governor can say, well, you know, you all agreed as representatives of the people, but I feel a certain way, so I'm going to strike this like that doesn't fly with how the Ohio Constitution is written and how the Ohio people want to be governs.

Speaker 1

Is there any essence and I don't know if it applies here or not, Scottie Hunter, that you should be grandfathered into the sense is that the Ohio had no problem I guess collecting tax revenue from the sale of these beverages in the first place they found offensive the Health Department. It's all regulated. There's government regulation, federal and state in what it is you do. And then after you know, a period of a couple of years of doing this, they pulled the carpet out underneath from you.

I mean, I guess the fair way is okay, no more companies can manufacture. But going back and shutting down a business they've already they've already regulated, that seems to be an interesting legal contradiction there.

Speaker 2

Yeah, I agree, And that was the most shocking portion of me. You know, the retail cell pieces is one aspect, and we see this in the number of states, but to disallow for the manufacturer and even you know, we've we've heard some rumblings from different agencies that even storage in the state will be deemed illegal and that you know, anyone with these products, you know, maybe maybe charged as it they view it as you know, marijuana at that point.

So like you know that that is is well beyond what the intent of the bill was to do to root out the bad actors, because, like you said, we

were already regulated. We already had a processor's license, suffer comp there's clear testing regulations, labeling regulations, and if the state really wanted to, you know, regulate the retail side, they could have just taken those same rules and regulations and populated them from a retail cell that if you're going to be you know, a hand products sold in the state, you have to abide by these rules and regulations. And nobody would have argued it would have been straightforward.

You know, I'm sure there would have been one or two people in the state House that would have voted against it, but point being, it was a very straightforward way to address the bad actors, so to speak, to get always kind of thrown out there.

Speaker 1

He's a founder and co owner of Urban Artifact Bring in Cincinnati. Scottie Hunter on the Scott Salon Show seven hundred Wow, one of four or Ohio breweries taking Governor Mike de Wine to Courtover's ban on THHC infused drinks and jobs are on the brink with the deadline now coming up on the twentieth of March, so less than

two weeks away. And on that these it was sent it Bill fifty six that had the seal through period through the end of the year, and that seemed like a reasonable compromise to give a chance to you guys to you know, retool if you will, or maybe slow down the process. But what the Wine blew past that and moved the deadline to March twentieth. Why the urgency? Any answer from him on that? And also what was his beef with THC beverages? We said, I've yet to

see where he's articulated what his concerns were. Can you address those two things?

Speaker 2

You know, I'm not I'm not really sure because you know, for ninety five or more percent of these beverages, they were being sold to and through licensed alcohol. Chillers there already know how to age date and check for you know, levels of intoxication in our time in this category, and talking to retailers, especially you know, bars, restaurants, they all played this category very conservatives as it was new and

they were learning about it. So you know, the notion that those same retailers couldn't handle, you know, these these lotos beverages, it's just kind of crazy to me, Like it's it doesn't make it doesn't jive right if we trust them with you know, full strength spirits, wine, high gravity beer, all these things, we should be able to trust them with with some lotos PhD beverages because we see it there's there's twenty twenty plus states with regulation

on products across this country. Like this is not unique to Ohio. You know, Ohio is not setting some sort of precedence here other than an outright band well before anything's coming down from the federal perspective, it's we already we already know kind of a playbook here nationally, So to ignore that just seems crazy to make. And your on your question about Governor Dwine and is it is beef with the beverage piece specifically I don't know. You know, the only thing that I saw was he made some

comment about confusion, customer confusion. If these were allowed to remain but not other products, then I don't think the people will will I think the people will hire smart enough to differentiate. They can understand why certain things might be legal or not. I mean, we have you know, liquor stores that only carry you know, liquor, and then we have beer and wine a lot more widely customleed. Like there's there's clear delineations that we've already made in

adult products across the state. So I think the people will hire are smart enough. And you know, one other piece on the timeline of this and why that you know, that wind down period as we're referring to it as is so important. You know, Beverage manufacturing is very capital intensive, right you In order to keep your car in a manageable way, you need to buy in large quantities and

manufacturer in larger quantities. So you're always going to have, you know, usually at least a few months of inventory in each piece of the process on him. So being able to thinking someone be able to wind down that aspect of their business and you know, just ninety days is absurd, it's not feasible, it's not reasonable. And that's why that sealth appeared was so critical for you know, so many folks in the state.

Speaker 1

One of his concerns always has been, he said, do Wain has always had something about marijuana. He just absolutely hates it and doesn't like anyone should use it. And of course, you know, the people spoke up and he goes along with it, which you know, okay, it's not your personal interest, but again, you don't represent the voters and the constituents of Ohio. But it's another way for him to work around I think, and go after something a lot of people enjoy. And you know, one of

the cries, of course, is a drink and driving. And now you add substance in driving, driving buzzed if you will. I'm looking at the numbers from the Ohia State Highway Patrol and we're actually down a little bit here. But this is mainly alcohol abusers, right, people who drink alcohol and drive. But the biggest problem they have when it comes to drinking and driving OVI is recidivous or repeat offenders.

Almost a third of ov I arrests in the last six years involve offenders, and that goes up to about forty percent when you include all the state law enforcement data. So clearly the big problem are people who simply don't care that they're endangering the lives of others. I don't care if it's beer, wine, hard spirits or THHD beverages.

If you have people that don't care what the law is, that's on the state to start locking those people up, versus going after people who are simply enjoying responsibly some beverages like THHG and fused beers or craft beers like you offer it Urban Artifact.

Speaker 2

Yeah, yeah, And honestly, you know it kind of incentivizes people to leave the state for these products. If you know, our lawsuit isn't successful. Right, if you're in the greater Cincinnati area, you can go over to Lawrenceburg, you go over to northern Kentucky. If you're in southeast Ohio, you can go over to West Virginia. You know, you know

you're landlocked in Columbus. I feel for you there, but there's there's still access and now you're kind of telling people, hey, please leave the state, take your money out of the state, right in order to purchase these products that you want, because like you're not. People aren't suddenly going to decide

Oh well, the governor said, it's back for me. I'm not going to pursue this right, right, and if an individual says I like this, I want access to this, they're going to find a way to obtain it.

Speaker 1

The governor's office said, no, Ohio voter ever approved THHD drinks being sold at breweries. I would look at that one, Well, what kind of argument is that. I don't know if we ever approved a lot of the things that we do or that are part of the law. Generally, someone develops a product, did you regulate it. It's not like

voters said we want THH infused beverages. No one's ever We've never voted on something we've essentially whant it's something that's already established and we say thumbs up or thumbs down. That's the dumbest statement I've ever read.

Speaker 2

Yeah, yeah, I mean the voters didn't know that that was a thing, quite honestly at that point in time when that was going on, and if they did, they absolutely would have said they would wanted access to that right like this, you know, we're talking about an industry

in a category that is still in its infancy phase. Right, we've only been in it for about two years, but in earnest it's only been around for maybe four or five years in a little more widespread manner, and that it's still you know, we're talking if there's twenty thousand alcohol retail licenses in Ohio, I think maybe five six hundred, seven hundred we're carrying these beverages this time. That's such

a small percentage. Like a lot of people still don't even necessarily realize that these products exist, and once they do, you know, it's something that they really enjoy it. You know, a lot a lot of the a lot of the folk and alcohol seat as a threat, but you know it's you're in business as a supplier manufacturer to give the consumers what they want.

Speaker 1

One hundred percent. Yeah, exactly. And people like it, They enjoyed, drink it responsibly, They feel better after they consume it as opposed to alcohol. But some people still, I mean, alcohol is still king. But this offers people, especially those who are of drinking age or newly turning to drinking age. Is they like THC infused products they really really enjoyed and that is the new and growing trent for Ohio to be this this island of stupidity, in my opinion,

not to lean into this thing. Every surrounding state can sell these products, and so as you mentioned earlier, outside of Columbus, that kind of kills us here in Cincinnati. Uh, the other Ohio well, there are four Ohio breweries that are suing. Two in Cincinnati over to fifty Wes. Bobby Slattery, he's a friend of the show, said, and I think it's a great question. Who are we helping by doing this? Have you ever gotten an answer to that?

Speaker 2

No, and I don't. I don't think that's one of those comments will ever be addressed directly, Right, That's one of those that'll get brushed to the side because I don't think there's a good answers.

Speaker 1

Yeah, this is something that's driven by the lawmakers or particularly Mike Delinic. No one is saying, you know, established good petition to trying to stop people from SELLINGDHC beverages. This just like came off the top of his head.

Speaker 2

Yeah, Yeah, it's very questionable. The justification for it really is. I really wish the Portraite governor would Yeah, he would speak to it and just give us a direct answer as to why right, because nothing is adding up.

Speaker 1

Well, the time is short. Of course your less than two weeks here? Are you optimistic at least get in an injunction here?

Speaker 2

Yeah, I'm optimistic. Again. I think the Ohio Constitution is is, you know, pretty well defined, and you know what the governor did was lawless over each and he just doesn't he doesn't have the authority to do it. And that's

the way that people have structured it. Uh. And there's I think there's a reason too why you don't see these line on and beatos come up very often because most governors will look at what the constitution says and say, okay, here's where I can apply this, and it generally comes in the form of the budget bill gets passed every one of two years. I don't remember in Junie, that's that's where it gets used, because's where it's appropriate.

Speaker 1

Yep, one hundred percent out of time, but appreciate yours as always. Scottie Hunter over at urban Artifacts, he see a cone owner and and CEO suing the state of all hiover this thch drink band. Hopefully they press the time out button here and uh, maybe more thoughtful and cooler heads will debate this thing and we'll continue on, continue on. All the best, man, good luck with us. Appreciate you checking.

Speaker 2

In, Thanks that for having me. Have a great day.

Speaker 1

You two be well his best day that you can have. We've got lots going on. We got the president town, we got weather moving in full, updated news here seconds away, and then the Snort Report right afterwards on seven hundred w Finding great candidates to hire can be like well, trying to find a needle in a haystack. Sure you can post your job to some job board,

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