Ohio’s Secretary of State has ordered the county election board in each county to certify the local decriminalization initiative on the ballot for November. This means that voters will be voting to legalize marijuana across the entire state at the same time as three localities decide whether to reform.
On Friday, early voting began for overseas and military voters. In addition to the statewide initiative, local initiatives will be on the ballot in the villages Harbor View, Risingsun, and Sugar Grove to decriminalize the possession of up 200 grams of marijuana for personal use. This is a higher limit than the statewide initiative that would allow adults up to 70 grams (2.5 ounces).
After the Lucas County Board of Elections refused to certify an activist-led cannabis initiative due to concerns raised by a local prosecutor, Ohio Secretary of state Frank LaRose intervened in order to make sure that Harbor View saw decriminalization appear on the ballot. He ordered the board, after a review of its decision, to qualify “The OG Wild Bill Marihuana Ordinance.”
Chad Thompson is the executive director of Sensible Motion Coalition (SMC), which has been working to qualify local decriminalization in Ohio cities during recent election cycles. He told Marijuana Moment the initial vote of the board “caught us completely by surprise and we did not see it coming.”
He said that Lucas County had historically had an “extremely supportive” election board which “followed law.” “Thankfully, [LaRose] corrected them.”
Thompson said it is still unclear whether he will personally continue working on local decriminalization in future elections if Ohio voters approve adult-use legalization. Thompson said that while the municipal laws provide additional protections due to the higher possession limits, the goal of ending prohibition will be achieved in large part statewide.
Don Keeney is the executive director of NORML Appalachia, who worked to get decriminalization placed on the Sugar Grove ballot. He told Marijuana Moment his future work in the localized movement will depend on whether or not the legislature attempts undermine the legalization laws if the voters enact them.
Even after the voters have approved this referendum, it can still be changed by Ohio House. He said that the Ohio House could even reject it. We will then see what happens. “The good fight might not be over yet.”
While top officials such as the governor and Senate President oppose the reform some bipartisan lawmakers are dismissing the notion that enough opposition would exist to enact an outright repeal.
SMC and NORML Appalachia has achieved many successes in recent years.
In November of last year, voters in five other cities also approved local marijuana decriminalization initiatives. voters in Helena also enacted reform during the May primary election.
These efforts could have laid the foundation for the legalization vote by familiarizing voters with ending cannabis criminalization. According to a recent poll, a majority of Ohio voters — including a plurality among Republicans — support a marijuana-legalization initiative.
Sherrod B. Brown, the chairman of the U.S. Senate Banking Committee (D-OH), whose committee is scheduled to vote next week on a bipartisan marijuana banking bill , has said he doesn’t know how he will vote on Ohio’s legalization measure . Rep. Dave Joyce, co-chairman of the Congressional Cannabis Caucus , has confirmed that he’ll be voting “yes”.
Late last month , the Ohio Ballot Board voted to approve summary language for legalization measure . The measure says that it will legalize and regulate the “cultivation, processing, sale and purchase of cannabis, as well as the possession, home-grow and use of marijuana by adults over 21 years old.” It also gives an overview of regulatory structure, social equity provisions and state-level protections of financial institutions who work with the industry.
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 have marijuana concentrates up to 15 gram.
- 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”.
- 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 alongside adult-use facilities. 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,” including “education and treatment” for those with addiction issues to cannabis, or other controlled substances such as 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.
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, representing Ohio’s 112 health departments local, , became one of the last groups to speak out against in the past month. Ohio Children’s Hospital Association and Adolescent Health Association as well as some business and law enforcement groups are also urging the voters to reject this reform.
Researchers at Ohio State University conducted a recent economic analysis that estimated the tax revenue from adult-use cannabis sales could reach up to 403.6 million dollars per year if it is approved by voters.
If this measure is passed, the number of states that have legalized adult use will reach 24.
While opposing legalization, the Governor has signed a major criminal reform bill that allows cities to facilitate mass expungements of people with drug-related convictions. This includes marijuana possession up to 200 grams.
The mayor of Cleveland announced in April, after the law went into effect, that the city would be moving ahead with plans for sealing thousands of cannabis records. A study released last month revealed that only about 1 in 10 Ohio prosecutors intend to facilitate relief independently.
Below, you can read the Ohio Secretary of State’s Order certifying a local marijuana decriminalization initiative ballot initiative:
A Wisconsin Democratic Senator unveils a new marijuana legalization bill at a hemp farm
Photo by Mike Latimer.
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