Ohio ACLU Slams GOP plan to gut voter-approved Marijuana Law

“Whatever the final decision is, it must reflect what Ohio’s voters approved.” They had many chances to amend Ohio’s outdated laws over the years. They refused .”

By Gary Daniels of the ACLU of Ohio via Ohio Capital Journal

Ohio voters approved the use, possession and sale of marijuana for adults less than a week ago. The vote was 57 to 43, which is a huge margin in voting terms. It was not surprising that the margin was so large. The legalization of marijuana is popular among many demographics, and it appears to be across the entire state.

The issue 2 was also adopted as an initiated law, and not a constitution amendment. The initiated statute process is designed to allow some input from legislators. Because it was a state law, and not the Ohio Constitution, that was altered, the legislators can tinker, improve, or completely scrap Issue 2 whenever they like.

Issue 2 will not be officially implemented this week, thirty days after it was passed. It is understandable that a regulatory structure takes some time to create. It is still true, even if all Statehouse politicians agreed with Issue 2.

The Senate Republicans’ intention is to have “on board”. House Bill 86, which was introduced in the House last week and was a bill that tweaked state liquor laws without causing controversy, had been a noncontroversial measure. It was passed by the House with 85-6 votes. It was that became the vehicle of the Senate GOP’s demolition plan for Issue 2 on Monday.

Important thread about next steps in Issue 2, the ballot measure to legalize recreational cannabis that Ohio voters approved on November 7. https://t.co/nwHlUGbLZ6

— ACLU of Ohio December 4, 2020

The changes that they will be approving in the next few days are sure to keep Ohioans from flocking to Michigan, and to navigate Ohio’s black-market. Issue 2 approved home-growing. HB 86 completely eliminates home growing. Zero plants. Issue 2 set limits at 35 percent THC in plant products, and 90 percent THC in extracts. Under HB 86 these numbers will be reduced to 25 and 50 percent respectively. According to HB 86, you are allowed to drive while using marijuana. Only if the marijuana is still in its original packaging, and unopened, it can be in your trunk. Only from the pharmacy to your first home trip.

Issue 2 established a 10 percent sales tax. HB 86 raises that to 15%, which is a 50% increase. HB 86 imposes a tax of 15 percent on growers. Guess who pays that tax? Ohioans who believed they would pay 10 percent, will end up paying (at least), triple that amount thanks to the so-called Tax Cut Crowd. After all of this, I propose labeling HB 86 as the Michigan Dispensaries full employment act.

The HB 86 law also discourages dispensaries to operate or even start. It prohibits dispensaries from being within one mile of each. It also prohibits dispensaries from being within 500 feet of public places such as parks and libraries, which is more than the distance between a football pitch in any direction. Together, these provisions may leave dispensaries little choice about where to operate. This is especially true in large and medium-sized cities and many small towns that would otherwise welcome dispensary businesses. In a similar vein, Issue 2 allowed for 350 dispensaries. The HB 86 reduces that number to 230; a reduction of a third. Let the market decide?

Last but not least, I would like to draw your attention to the change that is most insensitive and unforgiving. Issue 2 included a number of thoughtful provisions to acknowledge the many Ohioans who were arrested and convicted for marijuana offenses. It was hoped that many people who were directly affected by the counterproductive and unwise laws prior to Issue 2 would also benefit from legalization of marijuana and the new system. The Senate GOP has removed every word in the bill, continuing a trend at the Statehouse of trampling over voters’ demands and wishes.

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The Senate is planning to ram HB 86 through this week. It may not be final. House leadership has not yet unveiled any comprehensive legislation. The House would have to formally approve the HB 86 amendments. Ohio Gov. Mike DeWine’s (R) role and ideas in this debate are his own. There is still plenty to look forward to in the Statehouse, with its ongoing drama and political infighting.

Ohio voters must be reflected in the final decision. They had many chances over the years to amend Ohio’s outdated laws. They refused. Ohioans stood up and sent out a clear signal. It is in the legislature’s best interest to ignore this, particularly with redistricting reform set for November 2024.

Gary Daniels, Chief Lobbyist of the ACLU of Ohio, has been working on issues such as mass incarceration, drug policy, and many more for over 25 years, both inside and outside of the Statehouse.

Originally published by Ohio Capital Journal.