CLEVELAND — Issue Two theoretically takes effect 30 days from Election Day, but some legal experts believe that is extremely unlikely.
Issue Two is a citizen-initiated stature, which means it is treated like every other statute in Ohio.
“Issue Two was a statute, and the legislature has the power, as with any statute, to repeal it or amend it,” said Case Western Reserve University Law Professor Jonathan Entin.
Issue Two enacts a new chapter in the Ohio Revised Code, which will allow for those over the age of 21 to be able to cultivate, process, sell, purchase, possess, home grow and use cannabis.
Issue Two also enacts the Division of Cannabis Control within the Ohio Department of Commerce, which has the authority to regulate, investigate and penalize marijuana usage in Ohio.
“I wouldn’t be surprised if there was some tinkering,” added Entin.
There are a couple of basic rules. In addition to the age limit to buy marijuana, adults are limited to the number of pot plants allowed.
The law allows Ohio adults 21 and over to possess 2.5 ounces of cannabis or up to 15 grams of cannabis extract. Individuals are permitted to cultivate up to six cannabis plants at their primary residence or up to 12 at a residence where two or more adults reside.
The state will also establish a Division of Cannabis Control overseeing recreational marijuana.
“I think we are still dealing with a lot of uncertainty here,” Entin said.
Lawmakers have hinted they could consider changing the limit of THC, that is, the compound that gives the pot its high. Lawmakers could also eliminate or tighten rules for commercial sales.
“This is going to be a continuing story over at least the next few months, and it may even take longer,” Entin said. The Division of Cannabis Control will be tasked with figuring out the details of how and where the marijuana will be sold in Ohio.
