Ohio voters will head to the polls Tuesday to vote on a ballot measure to legalize marijuana. Polls consistently show strong support for this measure.
The culmination of a campaign that took activists from the courts to the legislature to the ballot box, this marks the culmination a long and intensive campaign to bring legalization to voters. The proposal, if it becomes law would bring the number of states that have legalized adult use to 24.
The Coalition to Regulate Marijuana Like Alcohol initiative (CTRMLA), would create a regulatory framework to permit adults aged 21 and over to buy, possess and grow cannabis. Recent surveys indicate that it is likely to pass – despite the opposition of the state’s governor and GOP lawmakers.
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The text of the summary language for the initiative–designated as Issue 2–says the measure would legalize and regulate “the cultivation, processing, sale, purchase, possession, home grow, and use of cannabis by adults at least twenty-one years of age.”
These are the main provisions of the measure for legalization that could appear on the ballot in November:
- This initiative will allow adults over 21 to possess up to 2.5 ounces (or 15 grams) of cannabis. They can also possess up to 15 gram of marijuana concentrates.
- Each individual could grow six plants to use for their own personal needs, and a maximum of 12 plants in a household.
- The 10 percent tax on cannabis sales would go to fund social equity and job programs (36%), localities who allow adult-use marijuana businesses to operate in their areas (36%), education and drug misuse programs (25%), and administrative costs for implementing the system (3%).
- The Department of Commerce would establish a Division of Cannabis Control. The division would be able to “license and regulate adult-use cannabis operators, adult-use testing laboratories, as well as individuals who are required to have a license.”
- This measure will give current medical cannabis businesses an advantage in the recreational market. Within nine months after the law’s enactment, regulators would have to start issuing adult use licenses to applicants who are qualified and operate medical cannabis operations.
- The division will also have to issue 50 adult-use retail licenses, and 40 recreational cultivator licences. This is “with preference given to applicants who are participating in the cannabis social equality and jobs program.” It would also authorize regulators to grant additional licenses for recreational market after two years.
- Municipalities could opt not to allow new recreational cannabis businesses to open in their region, but existing medical marijuana companies would still be allowed to operate in the same area. Employers can also enforce policies that prohibit workers from using cannabis for adult purposes.
- The Department of Mental Health and Addiction Services would also be required to enter into an agreement to provide “cannabis-addiction services”, which would include “education and treatment of individuals with addiction issues related either to cannabis or to other controlled substances, including opioids.”
- Some advocates worry about the lack specific language regarding automatic expungements, which would clear the records for people who have convictions from crimes that would become legal under the new legislation. The measure includes a clause requiring regulators “to study and fund” criminal reform initiatives, including expungements.
The activists first tried to put the measure on the 2022 state ballot but procedural issues prevented this. The activists then submitted enough signatures for a legislative review, but their timing was challenged.
CTRMLA sued to force ballot placement but was unsuccessful in 2022. The state did agree to a settlement which meant that supporters wouldn’t have to collect their first round of signatures again, and that the initiative will be re-transmitted to lawmakers at the beginning of the 2023 session.
The state officials announced that the initiative would appear on the November ballot in Ohio. The state officially certified the signatures in August after advocates collected the rest of the signatures. The Ohio Ballot Board drafted the summary language in August.
In recent months, polls consistently show majority support for reform. One survey conducted last month revealed that 59% of respondents intended to vote YES on Issue 2 while 39% opposed it.
A new poll conducted among likely voters last month showed that 57% supported legalization, including a small majority of Republicans.
In a survey of 35 state legislators, it was found that majorities among Democrats (63%) and Republicans (52%), regardless of their personal opinions about the measure, expected voters to approve it.
While Ohio lawmakers may expect the initiative to succeed, many Republican officials do not. The GOP-controlled Senate, which was in control of the Senate at the time early voting began late last month and urged residents to reject Measure , passed a resolution as early voting started.
Matt Huffman, the Republican Senate president, said in a statement last month that would “come right back to this body” so that lawmakers could amend. Huffman clarified later that he would not seek to repeal the plan in its entirety, but instead advocate for “reviewing it and repealing or changing things within it.”
In September, a number of Ohio legislators said that they did not believe the legislature would repeal a legalization law passed by voters.
As the election approached, both sides increased their messaging and efforts to get out the vote. The yes campaign sent cease-and-desist letters last month to television stations that were airing opposition ads “filled with lies” according to organizers. CTRMLA also released a pro Issue 2 election ad.
The yes campaign released another ad last month that mocked Ohio from the perspective a Michigan town, for losing tax revenues when Ohioans drove across state boundaries to buy marijuana at licensed stores.
The advertisement was released just days after a recent economic analysis revealed that Issue 2 could produce net benefits of around $260,000,000 to the state annually.
The report stated that “our simulation model indicates that recreational marijuana legalization in 90% of scenarios will have a net positive economic benefit for society.” Modeling also predicted “extremely negative results are more probable than extremely positive results.”
Researchers at Ohio State University published a separate study in August that found the change would generate $404 million annually in tax revenue.
Attorney General Dave Yost, (R), published a report on the initiative . He said that this analysis was meant to give voters “vital transparency and clarity” in a campaign marked by “inflamed” and “inaccurate” rhetoric.
Despite the GOP resolution, other Republican officials in Ohio are divided on this issue . Gov. Mike DeWine, a Republican, has stated that “it would not be wise for us to have recreational cannabis.” He added that he had visited Colorado in 2012 after its legalization and seen what he called an “unmitigated catastrophe.”
In September, Rep Dave Joyce, the co-chairman of the Congressional Cannabis Caucus and a top Republican state legislator, announced that he would vote in favor of this initiative in November. He encouraged “all Ohio citizens to take part and have their voices heard in this important issue.”
Sherrod BROWN (D-OH), the chairman of the Senate Banking Committee, said that he voted for the ballot initiative to legalize marijuana. He called it a hard decision but one based on the belief that this reform would promote consumer “safety”.
Ohio voters rejected the 2015 measure on 64-36, which would have changed the state constitution to legalize pot and give the control of the market a small group producers. The organizers of the current campaign claim that they have learned lessons from the failure when crafting the current initiative.
In May , bipartisan Ohio legislators submitted a separate bill for legalizing marijuana. This gave the Ohio legislature another chance to lead the reform. It has not yet advanced, but now it is up to the voters to decide.
Photo by Carlos Grancia.
The post Ohio voters will decide on a marijuana legalization ballot initiative on Tuesday as polls show strong support appeared initially at Marijuana Moment.
