Ohio voters approved Issue 2 in a statewide ballot Tuesday, according to the Associated Press, legalizing marijuana recreationally for residents 21 years and older and enabling the state to regulate marijuana production, testing and sales.
What is Issue 2?
Issue 2 enacts a new chapter of the Ohio Revised Code, which permits controlled and regulated sales and use of cannabis for adults 21 and over and establishes the Division of Cannabis Control within the Ohio Department of Commerce, according to the ballot text.
The Division is authorized to regulate, investigate and penalize adult-use cannabis operators, testing laboratories and individuals required to be licensed.
The law legalizes and regulates the cultivation, processing, sale, purchase, possession, home grow and use of cannabis by adults at least 21 years old.
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 sale of cannabis by dispensaries will be taxed at a rate of 10%, in addition to usual sales taxes. The 10% tax will be distributed as follows: 36% to a cannabis social equity and jobs fund, 36% to a host community cannabis facilities fund, 25% to a substance abuse and addiction fund and 3% to a division of cannabis control and tax commission fund.
The law authorizes landlords and employers to prohibit the use of cannabis in certain circumstances and prohibits the operation of a motor vehicle while using or under the influence of cannabis. Combustible use of cannabis is also prohibited while a passenger in a motor vehicle.
You can read a summary and the full text of the law here.
Reactions
Matthew Schweich, executive director of the Marijuana Policy Project, issued this statement on Issue 2's approval:
“This is a great day for Ohio, which now joins the growing number of conservative-leaning states that have ended the injustice of cannabis prohibition.
“Our organization is proud to have been a member of a strong coalition of groups that advanced common sense cannabis policy for the people of Ohio by supporting Issue 2. This victory represents the culmination of a years-long effort, as MPP also played a pivotal role in the passage of Ohio’s medical cannabis law in 2015."
Once the measure is certified on December 7, adults 21 and older can possess up to 2.5 ounces of cannabis, including up to 15 grams of concentrate, and securely grow up to six plants. Legal sales are anticipated to begin in 2024. Issue 2 also allocates funding to establish a social equity and jobs program, and to study expungement and sentencing reform. More details of the new law can be found here.
“There should no longer be any doubt that cannabis legalization can win in a conservative state,” added Schweich. “In the years ahead, more states will adopt legalization and further increase pressure on Congress to address the glaring conflicts between state and federal law regarding cannabis.”
Ohio Senate President Matt Huffman gave this statement to News 5:
"This statute was written by the marijuana industry and should not be treated as a cash grab for their cash crop at the expense of a state trying to emerge from the opioid epidemic. The General Assembly may consider amending the statute to clarify the questionable language regarding limits for THC and tax rates as well as other parts of the statute."
Cleveland Mayor Justin Bibb issued this statement on the passage of Issues 1 and 2:
“For the second time this year, Ohioans showed our state legislature that no one can deny the will of the people. Government overreach into personal, private decisions won’t be tolerated.We organized across the state to protect our freedoms and we won - again. We refused to go backward. With abortion enshrined in our state constitution, people will officially have the freedom to determine their own reproductive health care decisions. Our doctors will practice without fear and in the best interest of their patients. And no longer will we put women needlessly at risk.
"Decriminalizing marijuana is a victory for all of us. State Issue 2’s passage promotes safe use, reduces the barriers that disproportionately target Black and brown people and finally ends the prison pipeline for cannabis use.
"Tonight’s results send a clear message to the country: abortion and marijuana legalization are winning issues. They are common-sense issues. While Republicans are a party of the past, pushing to restrict people’s individual freedom at every turn, the Democratic party trusts the American people to make the decisions that are best for them.
"We have momentum in Ohio. The upcoming fight in 2024 will be no different. Ohioans know Sherrod Brown always has our backs in the U.S. Senate. We won’t be fooled by any Republican tricks to deprive us of our rights.”
Cresco Labs, an "industy leader in branded cannabis products," issued this statement after Issue 2 passed:
“It is clear when cannabis is on the ballot—people turn out to vote—and we commend the people of Ohio for raising their voices on an important issue that has helped break down barriers of partisanship in states across the country. Now, over 85 percent of the U.S. population lives in a state with some form of legal cannabis, and over 50 percent reside in a state with adult-use cannabis—the tipping point has been reached.
"The total U.S. cannabis market is estimated to exceed $100 billion in sales a year, with less than 30 percent of that coming from state-regulated programs. As states like Ohio—the seventh most populous state with nearly 12 million residents—pass and develop adult-use programs with appropriate cannabis laws, it will continue to help bring consumers into the regulated, safety-focused cannabis industry. Even with regulated channels contributing to less than a third of the total U.S. cannabis consumption, the regulated industry still generated over $4 billion in tax revenue for states last year.
"Ohio’s adult-use program will be among the most regulated in the country, ensuring public safety with lab-tested products, child-resistant packaging and age verification. This public health initiative will also provide a safe alternative to opioids that have ravaged the state and bring access to those who were unable to obtain relief through the current medical program. With 500,000 people currently employed in the U.S. cannabis industry, Ohio’s Cannabis Social Equity and Jobs program will contribute to employment and business opportunities for all, especially those disproportionately impacted by the War on Drugs.
"Cresco Labs was a first mover in Ohio’s medical program, and we look forward to helping launch the adult-use program with the distribution of our top-quality cannabis brands and the expansion of our Sunnyside Dispensaries.”
Smart Approaches to Marijuana Action (SAM Action), which is a "non-profit, 501(c)(4) social welfare organization dedicated to promoting healthy marijuana policies that do not involve legalizing drugs," issued this statement:
“After spending millions to legalize marijuana in Ohio, the industry and its forces were able to spread enough misinformation about the drug to get it commercialized.
“The data are clear that Big Marijuana is a predatory industry intent on creating a new generation of drug users to fill the pockets of Wall Street investors. They are actively pushing products that medically and scientifically have been demonstrated to cause harm.
“This fight is not over. Given Issue 2 was statutory – not constitutional – lawmakers have authority to make changes to the law. They should eliminate the provisions allowing for commercial sales, advertising, and production, at a minimum. National polls show that when given the options of decriminalization and medical use, voters overwhelmingly do not favor recreational sales.
“Notwithstanding these changes, SAM will redouble our efforts to ensure Ohio’s leaders create a strong regulatory framework that protects our young people and puts health and safety above the addiction industry’s profits. Ohio should immediately prioritize prevention education, especially in school-age children, enact strict potency caps for THC drug products, prohibit advertisement aimed at young people, and mandate clear warning labels for all THC products.
“Ohio cannot let this industry regulate itself. No member of any state body that regulates marijuana should have a financial stake in the industry while serving on that body. Ohio should enact clear ethical standards that prohibit marijuana regulators from working for the industry after leaving their regulatory position. Ohio should also enact mandatory reporting requirements on things like drugged driving reporting, THC-related poison control calls, and other impacts to children and youth. Municipalities should immediately begin opting out of stores and consumption sites to keep these drugs out of their communities.
“Our staff and volunteers did an incredible job getting folks engaged on this issue. I cannot thank them enough for their hard work and dedication to public health and safety. Parents, law enforcement, medical professionals and others have all stood against the drug industry, and we will continue to support them in their fight.”
What happens next?
Now that it is passed, the law will become effective in 30 days, and marijuana will be formally legalized for recreational use in Ohio on Dec. 7, 2023.
