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Top Republican Ohio lawmakers and prohibitionist groups push to overturn voter-approved marijuana legalization initiative or amend key provisions

Prohibitionist groups and top Republican Ohio legislators are already planning ways to weaken a legalization of marijuana that was approved by voters on Tuesday. Some have proposed changes to specific provisions, such as tax revenue allocations, while others have floated an outright repeal.

Ohio became the 24th US state to end prohibition after the legalization initiative was approved with 57 percent, despite the governor’s and other lawmakers’ calls to reject it. The message from opponents is consistent now that the statutory change has been approved: they intend to re-litigate the matter in the GOP controlled legislature.

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In a statement released after the vote, Senate President Matt Huffman stated that “this statute was written for the marijuana industry. It should not be viewed as a money grab at the expense of an state struggling to recover from the opioid crisis.” The General Assembly could amend the law to clarify any questionable language, such as the limits on THC or tax rates.

Huffman announced last month that the measure “would be coming right back to this body” so lawmakers could amend it if voters approved. In advance of Election Day, the Senate president stated that while he would not seek to repeal legalization entirely, he would “advocate” for a review and change or repeal certain things in it.

House Speaker Jason Stephens, (R), also released a Statement on February 2, asserting that it is “time for the legislature to take the lead in determining the best way to allocate tax revenue while responsible regulating the industry.”

To make communities safer, “Investing in the construction of county jails and funding law-enforcement training throughout Ohio should be our number one priority,” he said. He indicated that he would prefer to divert cannabis revenue to police and incarceration.

The initiative, as passed by the voters, calls for a 10% sales tax on marijuana sales. The funds generated will be divided amongst social equity programs and job programs, localities who allow adult-use cannabis enterprises to operate within their jurisdiction, education programs and programs to combat substance abuse, and administrative costs associated with the implementation of the system.

The measure’s supporters, such as Rep. Casey Weinstein D (who has been a champion of reform and sponsored bipartisan legislation to legalize marijuana), will resist any attempts to change the measure.

On Tuesday, he responded to the Senate President’s request for changes in the law by writing “BRING. IT. ON.”

Weinstein said to Marijuana Moment after the vote that he hoped lawmakers would “heed their call” and “honor the will of the voters.” However, so far it is clear that the leadership plans to selectively heed which parts.

The prohibitionist organizations who campaigned against Issue 2 are now determined to undermine the newly passed law. Some have even described plans to pressurize the legislature into repealing legalization completely before it is implemented.

Kevin Sabet, President of Smart Approaches to Marijuana Action (SAM), said that the “fight” is still not over despite the fact that voters passed legalization.

“Given Issue 2 was statutory–not constitutional–lawmakers have authority to make changes to the law,” he said. They should at least eliminate provisions that allow for commercial sales, production and advertising. When given the choice between decriminalization or medical use, national polls indicate that voters are overwhelmingly against recreational sales.

The idea of banning the commercial sale and production of marijuana, which are central components of the legalization effort that was overwhelmingly approved by voters, goes much further than the incremental changes proposed in public comments so far by the GOP leadership.

Sabet stated that “despite these changes, SAM is redoubling its efforts to ensure Ohio leaders create a regulatory framework which protects our youth and places health and safety over the addiction industry profits.” “Ohio must immediately prioritize prevention education for school-age kids, implement strict potency limits for THC products and prohibit advertising aimed at youth. It should also mandate clear warning labels on all THC products.”

Although the national prohibitionists haven’t called for an explicit repeal of the law on the ground, one of their key allies is considering it as a possibility.

Scott Milburn, a spokesperson for Protect Ohio Workers and Families, said Tuesday that the situation was disappointing but not over. The venue has just shifted from the campaign trail into the Statehouse. “Support fell for Issue 2 as Ohioans realized how it was rigged in favor of a few big commercial marijuana businesses.”

He said, “This ticking bomb, crafted secretly by a Columbus-based law firm, will be opened by the Ohio legislature in full daylight so that they can defuse the explosive in an open and public process before Ohio is blown up in its face.” It’s a sure sign that there will be wholesale changes, if not an outright cancellation. This would be to the benefit of Ohioans, and save us from a case of buyer’s regret.

In September, several Ohio legislators said that they did not believe the legislature would attempt to repeal a legalization law passed by voters.

The issue was only decided by the voters after lawmakers refused to use the opportunity to pass a reform during the ballot qualification procedure. The legislature had months to pass a legalization they could have tailored to address any outstanding concerns. However, the voters were ultimately left to decide by default.

Both sides increased their messaging and voter turnout efforts in the run-up to the election. The yes campaign sent cease-and-desist letters last month to television stations that were airing opposition ads, which organizers called “full of lies.” Reform advocates also released a pro Issue 2 election ad.

On his part, Gov. Mike DeWine, a Republican, has stated that “it would not be wise for us to legalize recreational marijuana.” He also said he had visited Colorado in 2012 after its decision to legalize and seen what he called an “unmitigated catastrophe.”

The GOP-controlled Senate, which was responsible for the early voting that began late last month urged residents to reject Measure .

Rep. Dave Joyce, the co-chairman of the Congressional Cannabis Caucus said in September he’d vote in favor of this initiative in November. He encouraged “all Ohio citizens to take part and have their voices heard about this important issue.”

In a statement made to Marijuana Moment, the congressman stated that Ohio voters from across the political spectrum had shown that the prohibition of cannabis was no longer viable nor representative of the general electorate.

“The federal government should not only respect our state’s will and that of its voters, it must also support them.” “I am more motivated than ever to pass reforms that are based on common sense,” he said. “I will focus my efforts on reversing harms caused to those unjustly affected by a nearly century-long prohibition, and increasing public security–which is inextricably tied to effective and efficient regulations.”

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”.

Researchers at Ohio State University found that the change would generate $404 million annually in tax revenue.

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 legislature a second chance to lead the reform.

These are the main provisions of the Ohio legalization measure which was approved:

  • This initiative will allow adults over 21 to possess up to 2.5 ounces (or 15 grams) of marijuana. They can also have up to 1.5 ounces (or 25 grams) 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 a contract with regulators 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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The post Ohio’s top GOP lawmakers and prohibitionist groups push to overturn voter-approved marijuana legalization initiative or amend key provisions appeared on Marijuana moment.

Kyle Jaeger
Author: Kyle Jaeger

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