When Does Weed Become Legal In Ohio

Ohio Issue 2 Election dateNovember 7, 2023TopicMarijuanaStatusa ApprovedTypeState statuteOriginCitizens

Ohio Issue 2, the Marijuana Legalization Initiative, was on the ballot in Ohio as an indirect initiated state statute on November 7, 2023. The ballot measure was approved.

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A “yes” vote supported this ballot initiative to legalize marijuana in Ohio, including:

• allowing the sale and purchase of marijuana, which a new Division of Cannabis Control would regulate;
• allowing adults who are at least 21 years old to use and possess marijuana, including up to 2.5 ounces of marijuana; and
• enacting a 10% tax on marijuana sales.

A “no” vote opposed this initiative to legalize marijuana in Ohio.

Election results

Ohio Issue 2

Result Votes Percentage

Yes

2,226,399 57.19% No 1,666,316 42.81% Results are officially certified. Source

Overview

What did Issue 2 do?

See also: Text of measure

Issue 2 legalized and provided for the regulation of recreational marijuana for adults aged 21 and above, including cultivation, processing, sale, purchase, possession, and home growth. Under the initiative, adults are allowed to possess up to 2.5 ounces of marijuana and up to 15 grams of marijuana concentrates. Additionally, individuals are allowed to cultivate up to six marijuana plants at home, while households can cultivate up to 12 plants collectively.[1][2]

The Division of Cannabis Control, created under the initiative, is responsible for regulating and licensing marijuana operators and facilities and is responsible for overseeing the compliance and standardization of marijuana businesses and production in Ohio. Licensing for distributing facilities was expected to be complete around Fall 2024.[1]

Under Issue 2, marijuana sales were set to be taxed at 10%. The revenue generated from this tax was set to be directed toward establishing a cannabis social equity and jobs program, designed to provide financial support and assistance for license applications to individuals who have been disproportionately affected by past marijuana-related law enforcement.[1]

Who was behind the campaigns surrounding the initiative?

See also: Support and Opposition

The Coalition to Regulate Marijuana Like Alcohol led the campaign in support of the ballot initiative. According to reports covering through December 8, 2023, the campaign had raised $6.73 million, with the Marijuana Policy Project as its top donor, contributing $2.52 million. The Coalition said that regulating marijuana like alcohol would “[fix] a broken system while ensuring local control, keeping marijuana out of the hands of children, and benefitting everyone.”[3]

Protect Ohio Workers and Families led the campaign in opposition to the ballot initiative. According to reports covering through December 8, 2023, the campaign had raised $927,900. The campaign said, “We know that recreational marijuana legalization is meant to make a few investors rich, not to make Ohio better. Legalizing recreational marijuana is today’s version of Big Tobacco – big corporations getting rich at the expense of our kids and society. That’s why people from all walks of life are coming together to vote ‘NO’ this November.”[4]

How did approval of Issue 2 change the marijuana landscape in the U.S.?

See also: Background

Approval of Issue 2 made Ohio the 24th state to legalize marijuana for recreational and personal use. According to U.S. Census population estimates, going into the election, 49.07% of the country’s population lived in a state where marijuana is legal. Approval of the initiative boosted the population percentage from the 50% threshold to 52.56%. As of October 2023, twenty-three other states and Washington, D.C. had legalized marijuana through a mix of citizen initiatives, legislative referrals to the ballot, and bills enacted into law.[5][6][7][8]

• In 12 states and D.C., the ballot initiative process was used to legalize marijuana.
• In two states, the legislature referred a measure to the ballot for voter approval.
• In nine states, bills to legalize marijuana were enacted into law.

The 2022 elections saw the addition of several states to this list, as Maryland and Missouri approved marijuana legalization measures, while Arkansas, North Dakota, and South Dakota rejected similar proposals.

In 2015, Ohio voters rejected a marijuana legalization initiative with 64% of voters opposing it. The initiative was criticized for its plan to create a monopoly of marijuana producers and did not receive endorsements from pro-legalization PACs including the Drug Policy Alliance and Marijuana Policy Project.[9]

Medical marijuana was legalized in 2016 when House Bill 523 was signed into law by Governor John Kasich (R).

What other measures were on the November ballot in Ohio?

See also: Ohio 2023 ballot measures

Along with the marijuana initiative, voters decided on an initiated constitutional amendment to provide for a state constitutional right to “make and carry out one’s own reproductive decisions,” including abortion, in Ohio.

Attorney James Sandy said, “Being on the ballot with such a hot issue like abortion, some of the groups that might be willing to fundraise against legalizing adult-use in Ohio are going to be using those resources on the abortion initiative.”[10]

In contrast, Mark Caleb Smith, director of the Center for Political Studies at Cedarville University, said both measures appearing on the ballot could make it easier for opponents to organize to defeat them. Smith said, “This will give them some credence to argue that this is really a larger issue than just abortion. This is at a cultural division and voters should be very careful before they allow these kinds of efforts to amend the state constitution on these kinds of issues.”[11]

CRMLA spokesperson Tom Haren said, “I think people who go out to vote in November are likely to support us no matter what they vote on the abortion amendment. I think we will be popular among those who vote yes (on the abortion rights amendment) and we’re going to be popular among those who vote no (on the abortion rights amendment) as well.”[10]

Measure design

Click on the arrows (▼) below for summaries of the different provisions of the initiative.

Marijuana Use: use and possession of marijuana

Marijuana Regulation: regulation of marijuana production and sales by the Division of Cannabis Control

Social Equity and Jobs Program: program to provide assistance and license application support to individuals negatively affected by marijuana laws who are interested in entering the marijuana industry

Taxation of Marijuana Sales: taxes levied on marijuana

Local Control: local and municipal regulation of marijuana

Text of measure

Ballot title

The ballot title for the initiative was as follows:[1]

“ Issue 2

To Commercialize, Regulate, Legalize, and Tax the Adult Use of Cannabis

Proposed Law

Proposed by Initiative Petition

To enact Chapter 3780 of the Ohio Revised Code

A majority yes vote is necessary for the law to pass.

To enact Chapter 3780 of the Ohio Revised Code, which would:

• Define adult use cannabis to mean marijuana as defined in Section 3719.01 of the Revised Code and establish the Division of Cannabis Control (the “Division”) within the Department of Commerce;

• Authorize the Division to regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed;

• Legalize and regulate the cultivation, processing, sale, purchase, possession, home grow, and use of cannabis by adults at least twenty-one years of age;

• Create additional protections for individuals who engage in permitted adult use cannabis conduct;

• Establish the cannabis social equity and jobs program and require the Department of Development to certify program applicants based on social and economic disadvantage;

• Define “social disadvantage” to include membership in a racial or ethnic minority group, disability status, gender, or long-term residence in an area of high unemployment;

• Shield certain confidential information from disclosure to the public, including but not limited to any information reported to or collected by the Division that identifies or would tend to identify any adult use cannabis consumer and prohibit the Department of Development from releasing certain application information as public records;

• Require the Division to provide preferential treatment to applicants who have qualified for the cannabis social equity and jobs program based on social disadvantage when issuing level III adult use cannabis cultivator licenses and dispensary licenses;

• Prohibit certain local government entities from limiting specific research, levying a tax, or charge on adult use operations, their owner, or their property not generally charged on other business, and prohibit certain local government entities from prohibiting or limiting adult use cannabis home grow or prohibiting or restricting an activity authorized by the proposed law;

• Authorize a landlord or an employer to prohibit the adult use of cannabis in certain circumstances, and prohibit the operation of a motor vehicle while using or under the influence of adult use cannabis and from using any other combustible adult use cannabis while a passenger in a motor vehicle;

• Limit criminal liability for certain financial institutions that provide financial services to any lawful adult use cannabis operator or testing laboratory licensed under the proposed law; Require the Division to enter into an agreement with the Department of Mental Health and Addiction Services to create a program for cannabis addiction services;

• Provide for the creation of five funds in the state treasury: the adult use tax fund; the cannabis social equity and jobs fund; the host community cannabis fund; the substance abuse and addiction fund; and the division of cannabis control and tax commissioner fund; and

• Provide for taxation of 10 percent on the sale of adult use cannabis by dispensaries in addition to usual sales taxes and require that all monies collected from the 10 percent tax levied to be deposited into the adult use tax fund and quarterly distributed as follows: 36 percent to the cannabis social equity and jobs fund; 36 percent to the host community cannabis facilities fund; 25 percent to the substance abuse and addiction fund; and three percent to the division of cannabis control and tax commission fund. If passed, the law will become effective 30 days after the election.[12]

”

Ballot summary

The ballot summary for the initiative was as follows:[1]

“ The Act would enact Chapter 3780 (‘Chapter’) of the Ohio Revised Code regarding adult use cannabis control to authorize and regulate the cultivation, processing, sale, purchase, possession, home grow, and use of adult use cannabis by adults at least twenty-one years of age (‘adult use consumers’). Adult use cannabis, cannabis and marijuana are all defined under the Act to mean marihuana has defined in section 3719.01 of the Ohio Revised Code.[12] ”

Full text

The full text of the measure is below:[1]

Readability score

See also: Ballot measure readability scores, 2023

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state board wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 13, and the FRE is 30. The word count for the ballot title is 565.

Support

The Coalition to Regulate Marijuana Like Alcohol led the campaign in support of the ballot initiative.[13]

Supporters

Officials

• U.S. Sen. Sherrod Brown (D)
• U.S. Rep. David Joyce (R)
• State Rep. Michele Grim (D)
• State Rep. Bride Rose Sweeney (D)
• Cleveland Mayor Justin Bibb (Nonpartisan)

Former Officials

• U.S. Rep. Tim Ryan (D)
• State Sen. Nina Turner (D)

Political Parties

• Green Party of Ohio

Corporations

• Battle Green Holdings, LLC
• Cresco Labs Ohio, LLC
• CuraLeaf
• The Firelands Company, LLC

Organizations

• ACLU of Ohio
• Marijuana Policy Project

Arguments

Official arguments

The following was the argument in support of the measure submitted by the Coalition to Regulate Marijuana Like Alcohol:[14]

“

This proposed law models the best practices of 23 other states to create a system that regulates and taxes marijuana just like alcohol.

• Generate New Tax Revenue. Adult use marijuana sales will be taxed at 10% on top of existing state and county sales taxes.
  • Will generate several hundred million dollars in annual revenue for state and local governments.
  • Tax revenue will be used to increase funding for public safety, road improvements, drug treatment and prevention and investment in communities disproportionately impacted by Ohio’s marijuana policy.
• Remedy Failed Marijuana Policy. Our current marijuana laws can ruin lives based on one mistake. This measure will end unfairly harsh punishments for minor marijuana offenses, freeing local law enforcement to focus on serious, violent, and unsolved crimes.
• Expand Access for Medical Use. For many seriously ill people, including veterans with PTSD and cancer patients, access to medical marijuana is still a challenge. Often, marijuana is the only medicine that relieves their pain and suffering without debilitating side effects. Issue 2 could help ease the pain and suffering of someone you love.
• Must Be 21 to Buy or Consume. Regulated marijuana businesses can’t market to minors and will lose their licenses if they sell to them.
• Rigorous Government Oversight. Existing state regulators – experienced from nearly a decade overseeing Ohio’s current medical marijuana program – will regulate every step of production, testing, and sales.
• End the Black Market. Passing this measure will create a legal marijuana market in Ohio with clear, regulated and enforced safety standards, thus drying up the black market.
• Preserve Local Control. Enables cities to decide for themselves whether to permit dispensaries in their communities.[12]

”

Opposition

Protect Ohio Workers and Families led the campaign in opposition to the ballot initiative.[15]

Opponents

Officials

• U.S. Rep. Bob Latta (R)
• Gov. Richard Michael DeWine (R)
• State Sen. Niraj Antani (R)
• State Sen. Louis W. Blessing, III (R)
• State Sen. Andrew Brenner (R)
• State Sen. Jerry Cirino (R)
• State Sen. Matt Dolan (R)
• State Sen. Theresa Gavarone (R)
• State Sen. Robert Hackett (R)
• State Sen. Frank Hoagland (R)
• State Sen. Stephen Huffman (R)
• State Sen. Matt Huffman (R)
• State Sen. Terry Johnson (R)
• State Sen. Terry Johnson (R)
• State Sen. Stephanie Kunze (R)
• State Sen. Al Landis (R)
• State Sen. George Lang (R)
• State Sen. Nathan Manning (R)
• State Sen. Sandra O’Brien (R)
• State Sen. Michele Reynolds (R)
• State Sen. Kristina Daley Roegner (R)
• State Sen. Mark J. Romanchuk (R)
• State Sen. Mark J. Romanchuk (R)
• State Sen. Michael Rulli (R)
• State Sen. Tim Schaffer (R)
• State Sen. Shane Wilkin (R)
• State Sen. Steve Wilson (R)
• State Rep. Jennifer Gross (R)
• State Rep. Bill Seitz (R)
• Lt. Gov. Jon Husted (R)

Organizations

• Center for Christian Virtue
• Ohio Association of Chiefs of Police
• Ohio Children’s Hospital Association
• Ohio Farm Bureau
• Ohio Manufacturers’ Association
• Ohio Prosecuting Attorneys Association
• Ohio Sheriffs’ Association
• Ohio Veterans United
• Smart Approaches to Marijuana
• Veterans Court Watch

Individuals

• Angela Phillips – CEO of Phillips Manufacturing Company

Arguments

Official arguments

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The following was the argument in opposition to the measure submitted by Sen. Terry Johnson (R), Sen. Mark Romanchuk (R), and Rep. Bill Seitz (R).[16]

“

Issue 2 is a bad plan that puts profits over people. It legalizes an addiction-for-profit industry at the expense of our families and poses substantial risks to the public health and safety of all Ohioans, especially children and adolescents, given marijuana’s high potential for abuse. When casting your NO vote, remember that Issue 2:

• Is meant to make a few greedy investors rich, not to make Ohio better.
• Ensures we will be overrun with marijuana, as California and Colorado have proven.
• Recklessly exposes kids to a mind-altering substance in kid-friendly forms, such as candy and cookies.
• Promotes recreational use of a drug that causes withdrawal, distorted perceptions, respiratory damage, anxiety, depression, suicidal thoughts, and schizophrenia.
• Increases the likelihood that users will endanger others by driving while under the influence.
• Heightens the risk of workplace injuries and employer liability.
• Enables “home grow,” which will inevitably create a cottage industry of “home growers” dealing marijuana laced with even more dangerous substances.
• Undermines and threatens the existence of our burgeoning medical marijuana program. These, and other societal costs, far outweigh any taxable benefit, especially at a pitiful 10% tax rate. That is why hospitals, doctors, mental-health professionals, faith leaders, parents, educators, business owners, law enforcement, prosecutors, and policymakers alike strenuously oppose Issue 2. This is simply a move to commercialize marijuana for billions in profit. It’s today’s version of Big Tobacco. We can’t trust this industry. More time and research is needed. A better plan is needed. Let’s not rush a decision that we’ll later regret. On November 7th, don’t just say NO, vote NO on Issue 2.

[12]

”

Campaign finance

See also: Campaign finance requirements for Ohio ballot measures

Coalition to Regulate Marijuana Like Alcohol registered as a political action committee to support the ballot initiative.[17]

Protect Ohio Workers and Families registered as a PAC to oppose the ballot initiative on August 9.[17]

.sbtotaltable { width: 50%; } .sbtotaltable th { font-size:1.2em; } .sbtotaltable td { text-align:center; } .sbtotalheader { background-color: black !important; color:white !important; font-size:1.0em; font-weight:bold; } .sbtotaltotal { font-weight:bold; } Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures Support $6,553,935.05 $185,486.17 $6,739,421.22 $6,578,171.63 $6,763,657.80 Oppose $827,900.00 $100,000.00 $927,900.00 $827,900.00 $927,900.00

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[17]

.sbtotaltable { width: 50%; } .sbtotaltable th { font-size:1.2em; } .sbtotaltable td { text-align:center; } .sbtotalheader { background-color: black !important; color:white !important; font-size:1.0em; font-weight:bold; } .sbtotaltotal { font-weight:bold; } Committees in support of Issue 2 Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures Coalition to Regulate Marijuana Like Alcohol $6,553,935.05 $185,486.17 $6,739,421.22 $6,578,171.63 $6,763,657.80 Total $6,553,935.05 $185,486.17 $6,739,421.22 $6,578,171.63 $6,763,657.80

Donors

The following were the top donors to the committee.[17]

Donor Cash Contributions In-Kind Contributions Total Contributions Marijuana Policy Project $2,700,000.00 $0.00 $2,700,000.00 Larry Pegram $395,000.00 $0.00 $395,000.00 Cresco Labs Ohio, LLC $295,000.00 $0.00 $295,000.00 Curaleaf $220,000.00 $0.00 $220,000.00 Jared Maloof $210,000.00 $0.00 $210,000.00

Opponents

The following table includes contribution and expenditure totals for the committees opposing the measure.[17]

.sbtotaltable { width: 50%; } .sbtotaltable th { font-size:1.2em; } .sbtotaltable td { text-align:center; } .sbtotalheader { background-color: black !important; color:white !important; font-size:1.0em; font-weight:bold; } .sbtotaltotal { font-weight:bold; } Committees in opposition to Issue 2 Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures Protect Ohio Workers and Families $827,900.00 $100,000.00 $927,900.00 $827,900.00 $927,900.00 Total $827,900.00 $100,000.00 $927,900.00 $827,900.00 $927,900.00

Donors

The following were the top donors to the committee.[17]

Donor Cash Contributions In-Kind Contributions Total Contributions American Policy Coalition $325,000.00 $0.00 $325,000.00 Angela Phillips $100,000.00 $100,000.00 $200,000.00 Ohio Manufacturers Association $101,000.00 $0.00 $101,000.00 American Jobs and Growth Fund $50,000.00 $0.00 $50,000.00 Ohio Children’s Hospital Association $50,000.00 $0.00 $50,000.00 Ohio Hospital Association $50,000.00 $0.00 $50,000.00 55 Green Meadows $25,000.00 $0.00 $25,000.00 RPM International Inc. Manufacturing in America PAC $25,000.00 $0.00 $25,000.00

Media editorials

See also: 2023 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at [email protected].

Support

The following media editorial boards published an editorial supporting the ballot measure:

Opposition

The following media editorial boards published an editorial opposing the ballot measure:

Polls

See also: Ballotpedia’s approach to covering polls and 2023 ballot measure polls Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at [email protected]. Ohio Issue 2, Marijuana Legalization Initiative (2023) Poll Dates Sample size Margin of error Support Oppose Undecided Baldwin Wallace University Community Research Institute Pulse Poll 10/31/23-11/2/23 582 LV ± 4% 61% 34% 5% Question: “On November 7th, 2023 voters in Ohio will decide whether to enact State Issue 2, a proposed law for the state. If passed, this state law will go into effect 30 days after the election. The proposed law would allow adults over the age of 21 to purchase and possess recreational marijuana products. It would also allow the state government to regulate the cultivation and sale of recreational marijuana products in Ohio. If the election were held today and this law was on the ballot, would you vote for or against this law?” Baldwin Wallace University Community Research Institute Pulse Poll 10/09/23-10/11/23 850 RV ± 4.5% 57.4% 35.1% 7.5% Question: “Issue 2 is a proposed state law that would legalize the growing, sale, and use of marijuana for recreational purposes. If the election was held today, how would you vote on Issue 2?” Fallon Research & Communications 8/22/23-8/25/23 501 RV ± 4.4% 59% 32% 9% Question: “Another issue that will be on the ballot is to allow Ohioans ages 21 and older to buy and possess 2.5 ounces of cannabis and 15 grams of concentrates. They could also grow up to six plants individually and no more than 12 in a household, and products would be taxed 10%, with revenue going toward administrative costs, addiction treatment programs, municipalities with dispensaries and a social equity and jobs program. If the election were held today and you were voting, would you vote yes, in favor of this proposed law or no, against it?” FM3 Research 8/14/23-8/23/23 843 RV ± 3.5% 59% 36% 5% Question: “An Act to Control and Regulate Adult-Use Cannabis. The Act would enact a new chapter of the Ohio Revised Code regarding adult use cannabis to authorize and regulate the cultivation, processing, sale, purchase, possession, home grow, and use of adult use cannabis by adults at least

21 years of age. It would: • Set limits on the amount of cannabis products that can be possessed at any one time; • Tax adult use marijuana sales at a rate of 10% in addition to usual sales taxes; • Establish and fund a social equity and jobs program; and • Fund addiction education and treatment services related to use of cannabis and other controlled substances like opiates.

Would you vote yes or no?” Suffolk University/USA Today 7/9/2023-7/12/2023 500 RV ± 4.4% 59% 35% 7% Question: “This November, Ohio voters may face a ballot question that would allow Ohioans who are 21 years of age or older to buy and possess marijuana. Do you support or oppose this issue?” Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Recreational marijuana in the U.S.

See also: Marijuana laws and ballot measures in the United States

As of November 8, 2023, 24 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.[5][18][19][20]

• In 13 states and D.C., the ballot initiative process was used to legalize marijuana.
• In two states, the legislature referred a measure to the ballot for voter approval.
• In nine states, bills to legalize marijuana were enacted into law.

The following table provides information about when and how recreational marijuana became legal.

Timeline and process of recreational marijuana legalization State Year legalized Process used Votes on ballot measures For Against Colorado 2012 Initiative 55.32% 44.68% Washington 2012 Initiative 55.70% 44.30% Alaska 2014 Initiative 53.23% 46.77% Oregon 2014 Initiative 56.11% 43.89% Washington, D.C. 2014 Initiative 70.06% 29.94% California 2016 Initiative 57.13% 42.87% Maine 2016 Initiative 50.26% 49.74% Massachusetts 2016 Initiative 53.66% 46.34% Nevada 2016 Initiative 54.47% 45.53% Michigan 2018 Initiative 55.89% 44.11% Vermont 2018 Legislation N/A N/A Illinois 2019 Legislation N/A N/A Arizona 2020 Initiative 60.03% 39.97% Montana 2020 Initiative 56.90% 43.10% New Jersey 2020 Referral 67.08% 32.92% New York 2021 Legislation N/A N/A Virginia 2021 Legislation N/A N/A New Mexico 2021 Legislation N/A N/A Connecticut 2021 Legislation N/A N/A Rhode Island 2022 Legislation N/A N/A Maryland 2022 Referral 67.20% 32.80% Missouri 2022 Initiative 53.10% 46.90% Delaware 2023 Legislation N/A N/A Minnesota 2023 Legislation N/A N/A Ohio 2023 Initiative Official results pending Official results pending

Marijuana on the ballot in Ohio

In 2015, Ohio voters rejected a marijuana legalization initiative with 64% of voters opposing it. It would have legalized the sale and use of marijuana and would have created 10 facilities with exclusive rights to grow marijuana commercially. The initiative was criticized for its plan to create a monopoly of marijuana producers and did not receive endorsements from pro-legalization PACs including the Drug Policy Alliance and Marijuana Policy Project.[21]

Medical marijuana was legalized in 2016 when House Bill 523 was signed into law by Governor John Kasich (R). HB 523 was approved in the House by a vote of 71-25. Among House Democrats, 27 voted in favor and six voted against. Among House Republicans, 44 voted in favor and 19 voted against. The bill was approved in the Senate by a vote of 19-15. Among Senate Democrats, six voted in favor and four voted against while among Senate Republicans, 12 voted in favor and 11 voted against.[22]

Comparison of ballot measures to legalize recreational marijuana

The following table compares a selection of ballot measure provisions, such as possession limits, local control, taxes, and revenue dedications.

Click “Show” to expand the table.

Comparison of marijuana ballot measure provisions, 2012-2023 Measure Possession limits Homegrown plants Local control State taxes Revenue Marijuana legalization ballot measures that were approved, 2012-2023 Ohio Issue 2 (2023) • 2.5 ounces of marijuana and up to 15 grams of marijuana concentrates • Six marijuana plants per individual or 12 plants per household • A municipality cannot limit research on marijuana, levy a tax or fee on marijuana businesses, prohibit home growing of marijuana, or limit anything authorized by the initiative. A municipality can adopt an ordinance or resolution by a majority vote to prohibit or limit the number of cannabis operators in the territory. If such an ordinance or resolution is adopted, a dispensary needs to cease operations within 60 days. A dispensary can file a petition with the board of elections within the 60-day timeframe to request a public vote on whether or not the dispensary should remain open. • 10% sales tax • 36% to the cannabis social equity and jobs fund to fund the implementation of the program; 36% to the host community cannabis fund to provide funds to jurisdictions with adult-use dispensaries based on the percentage of adult-use tax attributable to each municipality or township; 25% to the substance abuse and addiction fund to fund the department of mental health and addiction services in alleviating substance and opiate abuse and supporting related research; and 3% to the division of cannabis control and tax commissioner fund to fund operations of the division of cannabis control. Maryland Question 4 (2022) • Not specified • Not specified • Not specified • Not specified • Not specified Missouri Amendment 3 (2022) • 3 ounces of marijuana • Grow up to six flowering plants, six nonflowering plants, and six clones, if the person is registered to cultivate marijuana plants • Local government may prohibit operation of all marijuana facilities located within its jurisdiction• Local government may enact ordinances governing time, place, and manner of operations of marijuana facilities, as well as the public smoking and consumption of marijuana products • 6% tax on retail price of recreational marijuana• Governing body of any local government may impose an additional sales tax to retail sales of marijuana that cannot exceed 3% • Veterans, Health, and Community Reinvestment Fund Arizona Proposition 207 (2020) • 1 ounce of marijuana• 5 grams (0.18 ounces) of marijuana concentrate • Grow up to 6 marijuana plants • Municipalities allowed to ban or limit marijuana establishments within their boundaries • 16% excise sales tax • community college districts• police and fire departments and fire districts• highways• new criminal justice fund (restorative programs, mentoring, and behavioral health) Montana I-190 (2020) • 1 ounce of marijuana • Individuals could grow up to four marijuana plants and four seedling in a private residence in a locked space • A local government is not allowed to completely ban marijuana cultivators, testing facilities, wholesalers, or retail stores from operating in its limits; cannot prohibit the transportation of marijuana on public roads in its jurisdiction by those who are licensed to do so; allowed to pass ordinances to regulate an adult-use provider or adult-use marijuana-infused products that operate in its jurisdiction • 20% sales tax • After the tax revenue is used by the Department of Revenue to cover costs associated with implementing the initiative, 10.5% of the remaining revenue would be appropriated to the state’s general fund, and the remainder would be appropriated to conservation programs, substance abuse treatment, veterans’ services, healthcare costs, and localities where marijuana is sold New Jersey Amendment (2020) • Not specified • Not specified • Not specified • Subject to state sales tax• Prohibits additional state sales taxes on marijuana • Not specified Michigan Proposal 1 (2018) • 2.5 ounces of marijuana• 0.5 ounces of marijuana concentrate •Grow up to 12 marijuana plants •Municipalities allowed to ban or limit marijuana establishments within their boundaries •10% excise sales tax •local governments•K-12 education•road and bridge maintenance California Proposition 64 (2016) • 1 ounce of marijuana • 0.3 ounces of marijuana concentrate •Grow up to 6 marijuana plants •Municipalities allowed to ban or limit marijuana establishments within their boundaries •15% excise sales tax•$9.25/ounce cultivation tax for flowers•$2.75/ounce cultivation tax for leaves •youth drug education, prevention, and treatment•prevent and fix environmental damage from illegal marijuana producers•marijuana DUI prevention and negative health effects programs Nevada Question 2 (2016) • 1 ounce of marijuana• 0.125 ounces of marijuana concentrate •Grow up to 6 marijuana plants •Permits local ballot measures pertaining to zoning and land use for marijuana establishments •15% excise sales •K-12 education Maine Question 1 (2016) • 2.5 ounces of marijuana and/or marijuana concentrate • Grow up to 6 marijuana plants • Municipalities allowed to ban or limit marijuana establishments within their boundaries • 10% excise sales tax•The legislature added a $20.94/ounce cultivation tax on flowers and mature plants; $5.88/ounce cultivation tax on marijuana trim; $1.50 tax per immature plant; $0.30 tax per immature plant •General Fund (legislature added public health programs and law enforcement programs) Massachusetts Question 4 (2016) • 10 ounces of marijuana in one’s home• 1 ounce of marijuana in public• 0.2 ounces of marijuana concentrate • Grow up to 6 marijuana plants • Municipalities allowed to limit number of establishments and restrict the time, place, and manner of their operation• Permits local ballot measures to ban or limit marijuana establishments within their boundaries • 3.75% excise sales tax (legislature increased to 10.75%) • General Fund Alaska Measure 2 (2014) • 1 ounce of marijuana • Grow up to 6 marijuana plants • Municipalities allowed to ban or limit marijuana establishments within their boundaries • $50/ounce cultivation tax • General Fund Oregon Measure 91 (2014) • 8 ounces of marijuana in one’s home• 1 ounce of marijuana in public• 1 ounce of marijuana concentrate • Grow up to 4 marijuana plants • Permits local ballot measures to ban or limit marijuana establishments • 17% excise sales tax (legislature added the excise sales tax)• $35/ounce producer tax for flowers• $10/ounce producer tax for leaves • K-12 education• drug prevention and treatment• state police• local law enforcement Colorado Amendment 64 (2012) • 1 ounce of marijuana • 1 ounce of marijuana concentrate • Grow up to 6 marijuana plants • Municipalities allowed to ban or limit marijuana establishments within their boundaries •Required the state legislature to enact taxes•In 2013, the legislature’s Proposition AA enacted a 15% excise tax on unprocessed retail marijuana and 10% (increased to 15% in 2017) sales tax on retail sales • K-12 public education• Proposition AA added allocations for local governments, healthcare, substance abuse prevention and treatment, and law enforcement Washington Initiative 502 (2012) • 1 ounce of marijuana• 0.25 ounce of marijuana concentrate • Illegal • Municipalities allowed to ban or limit marijuana establishments within their boundaries •25% excise sales tax (legislature increased the tax to 37%) • research• drug prevention, public health education• healthcare• dropout prevention, intervention• General Fund

Political context of recreational marijuana ballot measures

The following table summarizes the political context surrounding recreational marijuana ballot measures, including whether the state’s presidential voting history in the preceding three elections was Democratic, mixed, or Republican.

• Among states with Democratic presidential voting histories, eight marijuana legalization ballot measures were approved and one was defeated.
• Among states with Republican presidential voting histories, four marijuana legalization ballot measures were approved and six were defeated.
• Among states with mixed presidential voting histories, three marijuana legalization ballot measures were approved and one was defeated.

Partisan control of the 15 states approving marijuana legalization measures was Democratic in four states, divided in five states, and Republican in six states. Partisan control of the eight states rejecting marijuana legalization measures was Democratic in one state, mixed in one state, and Republican in six states.

Click “Show” to expand the table.

Political context surrounding recreational marijuana ballot measures since 2010 State Measure Year Status Presidential voting history[23] State partisan control at time of vote California Proposition 19 2010 d Democratic (Gore-Kerry-Obama) Democratic Colorado Amendment 64 2012 a Mixed (Bush-Obama-Obama) Divided Washington Initiative 502 2012 a Democratic (Kerry-Obama-Obama) Democratic Alaska Measure 2 2014 a Republican (Bush-McCain-Romney) Republican Oregon Measure 91 2014 a Democratic (Kerry-Obama-Obama) Democratic Ohio Issue 3 2015 d Mixed (Bush-Obama-Obama) Republican Arizona Proposition 205 2016 d Republican (McCain-Romney-Trump) Republican California Proposition 64 2016 a Democratic (Obama-Obama-Clinton) Democratic Maine Question 1 2016 a Democratic (Obama-Obama-Clinton) Divided Massachusetts Question 4 2016 a Democratic (Obama-Obama-Clinton) Divided Nevada Question 2 2016 a Democratic (Obama-Obama-Clinton) Republican North Dakota Measure 3 2018 d Republican (McCain-Romney-Trump) Republican Michigan Proposal 1 2018 a Mixed (Obama-Obama-Trump) Republican Arizona Proposition 207 2020 a Mixed (Romney-Trump-Biden) Republican Montana Initiative 190 2020 a Republican (Romney-Trump-Trump) Divided New Jersey Amendment 2020 a Democratic (Obama-Clinton-Biden) Democratic South Dakota Amendment A 2020 a/ot Republican (Romney-Trump-Trump) Republican Arkansas Issue 4 2022 Republican (Romney-Trump-Trump) Republican Maryland Question 4 2022 Democratic (Obama-Clinton-Biden) Divided Missouri Amendment 3 2022 Republican (Romney-Trump-Trump) Republican North Dakota Measure 2 2022 Republican (Romney-Trump-Trump) Republican South Dakota Measure 27 2022 Republican (Romney-Trump-Trump) Republican Oklahoma State Question 820 2023 Republican (Romney-Trump-Trump) Republican Ohio Issue 2 2023 Divided (Obama-Trump-Trump) Republican

Marijuana on the ballot in 2022

In 2022, five states decided on marijuana legalization ballot measures. In the central U.S., voters in Arkansas, Missouri, North Dakota, and South Dakota considered citizen-initiated measures to legalize marijuana. In Missouri, the initiative was approved. In Arkansas, North Dakota, and South Dakota, the measures were defeated. In Maryland, the state Legislature voted to put the issue before voters, who approved the measure.

State Type Title Description Result Yes Votes No Votes AR

CICA

Issue 4 Legalize marijuana in Arkansas

392,938 (44%)

505,128 (56%)

MD

LRCA

Question 4 Legalize marijuana in Maryland

a

1,302,161 (67%)

635,572 (33%)

MO

CICA

Amendment 3 Legalize marijuana in Missouri

a

1,092,432 (53%)

965,020 (47%)

ND

CISS

Statutory Measure 2 Legalize marijuana in North Dakota

107,608 (45%)

131,192 (55%)

SD

CISS

Initiated Measure 27 Legalize marijuana in South Dakota

163,584 (47%)

183,879 (53%)

Path to the ballot

See also: Laws governing the initiative process in Ohio

The state process

In Ohio, the number of signatures required to get an indirect initiated state statute placed on the ballot is equal to 6 percent of the votes cast in the preceding gubernatorial election. Ohio also requires initiative sponsors to submit 1,000 signatures with the initial petition application. Signatures are collected in two phases for indirect initiatives:

• Phase 1: signatures equal to 3 percent of the votes cast in the preceding gubernatorial election are required to place the initiative before the Ohio General Assembly, which has four months to vote to approve or reject the initiative or take no action.
• Phase 2: If the Ohio General Assembly fails to pass or act on the initiative, an additional number of signatures equal to 3 percent of the votes cast in the preceding gubernatorial election are required to place the initiative on the ballot.

Ohio also has a signature distribution requirement, which requires that signatures be gathered from at least 44 of Ohio’s 88 counties. Petitioners must gather signatures equal to a minimum of half the total required percentage of the gubernatorial vote in each of the 44 counties. The first round of petitions are allowed to circulate for an indefinite period of time. The first round of signatures for an indirect initiative must be filed at least 10 days prior to the legislative session of the year proponents want the measure addressed. The second round of signatures must be filed within 90 days after the legislature rejects or fails to act on the initiative.

The requirements to get an indirect initiated state statute certified for the 2023 ballot:

• Signatures: 249,092 valid signatures were required to get an indirect initiative on the ballot, including 1,000 signatures to file the proposal, 124,046 signatures for the first round, and 124,046 for the second round.
• Deadline: The deadline to submit the first round of signatures was December 23, 2022. The deadline to submit the second round of signatures was 90 days following the legislature’s four-month deadline to address the measure.

County boards of elections are responsible for verifying signatures, and the secretary of state must determine the sufficiency of the signature petition at least 105 days before the election. If the first batch of signatures is determined to be insufficient, the petitioners are given a ten-day window to collect more signatures.

Details about this initiative

In the summer of 2021, the Coalition to Regulate Marijuana Like Alcohol (CRMLA) began the process of qualifying the initiative for the ballot. After four months of signature gathering, the campaign submitted 136,729 valid signatures to the secretary of state in two separate rounds of signature gathering — the first submission of 206,943 signatures on December 20, 2021, and the second submission of 29,918 additional signatures collected during the cure period on January 13, 2022. In Ohio, if a campaign is short of a valid signature requirement after they submit signatures, they have a one-week cure period to collect additional signatures.

On April 29, 2022, the Coalition to Regulate Marijuana Like Alcohol filed a lawsuit against state legislative leaders, arguing that legislative leaders claimed that signatures weren’t submitted in time. In a series of emails, state legislators claimed that a legislative vote couldn’t take place because valid signatures were not submitted 10 days prior to the start of the legislative period. The coalition and state legislative leaders ended and settled the lawsuit, allowing the coalition to resubmit the first 132,887 collected signatures at the start of the 2023 legislative session.

Secretary of State Frank LaRose put the initiative to the Ohio General Assembly at the start of their legislative session. In Ohio, initiated state statutes are indirect, meaning the state legislature must either approve the initiative, allowing it to become law, or not approving it, and letting it go to the ballot for voters to decide. The state legislature has four months to either approve the initiative, reject it, or not act on it. If the state legislature does not act on the measure or rejects it, the campaign supporting the initiative has another 90 days to collect the second round of signatures.

The Coalition to Regulate Marijuana Like Alcohol had 90 days to collect another additional round of signatures, starting on May 5, 2023. The coalition submitted 222,198 signatures to the secretary of state’s office on July 5, 2023. The initiative needed 124,046 valid signatures to qualify for the ballot, but 123,367 signatures were found to be valid by the secretary of state on July 25 — meaning the campaign was short by 679 signatures. After collecting more signatures during the cure period, the campaign submitted an additional round of 6,545 signatures to the secretary of state on August 3, 2023. On August 16, 2023, the secretary of state announced the campaign submitted 127,772 valid signatures and that the measure qualified for the ballot.

Signature gathering cost

See also: Ballot measures cost per required signatures analysis

Sponsors of the measure hired Advanced Micro Targeting to collect signatures for the petition to qualify this measure for the ballot. A total of $4,056,250.00 was spent to collect the 249,092 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $16.28.

Timeline

• July 27, 2021: The initiative was filed by Coalition to Regulate Marijuana Like Alcohol (CRMLA).[2]
• August 5, 2021: The attorney general rejected the ballot summary of the initiative because it did not meet the standard of a “fair and truthful statement of the proposed law.”[24]
• August 13, 2021: The campaign submitted a new version of the initiative petition.[2]
• August 20, 2021: The attorney general certified the new ballot summary of the initiative.[25]
• August 30, 2021: The Ohio Ballot Board cleared the petition for signature gathering.[26]
• December 20, 2021: The campaign submitted 206,943 signatures to the secretary of state’s office.[27]
• January 3, 2022: Secretary of State Frank LaRose announced that 119,825 signatures were valid – 13,062 less than the number required. In Ohio, campaigns are given a one-week cure period to collect additional signatures, meaning the campaign had until January 14, 2022, to submit more signatures.[28]
• January 13, 2022: The campaign announced that they submitted an additional 29,918 signatures.[29]
• January 28, 2022: The secretary of state announced that the campaign collected 136,729 valid signatures, which meant the campaign had a signature validity rate of 57.7%.[30][31]
• January 5, 2023: It was reported that Ohio Secretary of State Frank LaRose resubmitted the measure to the Ohio General Assembly to consider.[32]
• May 3, 2023: The Ohio General Assembly did not decide on the initiative by the deadline on May 3, 2023, which provided for the initiative campaign to restart their signature collection.[33]
• July 5, 2023: The Coalition to Regulate Marijuana Like Alcohol submitted 222,198 signatures to the secretary of state’s office.[34]
• July 25, 2023: Secretary of State LaRose announced that the marijuana initiative did not meet the required number of signatures. Out of the more than 222,000 signatures submitted, 123,367 signatures were found to be valid. The secretary of state’s office announced that the campaign had 10 additional days to collect 679 valid signatures.[35]
• August 3, 2023: The Coalition to Regulate Marijuana Like Alcohol submitted an additional 6,545 signatures to the secretary of state’s office.[36]
• August 16, 2023: The secretary of state announced the campaign submitted 127,772 valid signatures and that the measure qualified for the ballot.[37]

Lawsuit

Lawsuit overviewIssue: Were the petition signatures submitted by the appropriate deadline?Court: Court of Common Pleas, Franklin County, OhioRuling: Both parties agreed to settle. Secretary LaRose agreed to resubmit the initiative to the state legislature.Plaintiff(s): Brandon Lynaugh, et al.Defendant(s): Secretary of State Frank LaRose, et al.

Source: Settlement Order

On April 29, 2022, The Coalition to Regulate Marijuana Like Alcohol (CTRMLA) filed a lawsuit against state legislative leaders. The coalition argued that legislative leaders would claim that signatures weren’t submitted in time. In a series of emails, state legislators claimed that a referendum vote couldn’t take place because valid signatures were not submitted 10 days prior to the start of the legislative period.[38]

On May 13, 2022, the CTRMLA reached a settlement with state officials, allowing them to resubmit the first 132,887 collected signatures at the start of the 2023 legislative session.[39]

How to cast a vote

See also: Voting in Ohio

Click “Show” to learn more about voter registration, identification requirements, and poll times in Ohio.

How to cast a vote in Ohio

Poll times

In Ohio, all polling places are open from 6:30 a.m. to 7:30 p.m. Eastern Time. Voters who are in line at 7:30 p.m. are permitted to vote.[40]

Registration

Check your voter registration status here.

To register to vote in Ohio, an applicant must be a United States citizen, a resident of Ohio for at least 30 days before the election, and at least 18 years old by the day of the election. Individuals who are incarcerated for a felony conviction, have been declared by a court to be incompetent for voting purposes, or have been permanently disenfranchised may not register to vote.[41]

Applicants may register to vote online, in person, or by mail. The Ohio Voter Registration and Information Update Form is available online and can be requested by mail. In-person voter registration is available at various locations including the secretary of state and board of elections offices, Ohio Bureau of Motor Vehicles offices, public libraries and high schools, and other state agencies. A full list of locations is available here.

The deadline to register to vote is 30 days before the next election. An Ohio driver’s license number, state ID card number, or the last four digits of a SSN is required in order to register to vote or update a voter registration.[42][43]

Automatic registration

Ohio does not practice automatic voter registration.

Online registration

See also: Online voter registration

Ohio has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Ohio does not allow same-day voter registration.

Residency requirements

Prospective voters must be residents of Ohio for at least 30 days before the election.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Ohio does not require proof of citizenship for voter registration.

Verifying your registration

The Ohio Secretary of State’s Office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

Ohio requires voters to present photo identification while voting.[44]

The following list of accepted ID was current as of April 2023. Click here for the Ohio Secretary of State page on accepted ID to ensure you have the most current information.

“

• Ohio driver’s license;
• State of Ohio ID card;
• Interim ID form issued by the Ohio BMV;
• A US passport;
• A US passport card;
• US military ID card;
• Ohio National Guard ID card; or
• US Department of Veterans Affairs ID card

All photo IDs must have the following:

• An expiration date that has not passed;
• A photograph of the voter;
• The voter’s name, which must substantially conform to the voter’s name as it appears in the Poll List or in the Poll Book[12]

”

See also

External links

• An Act to Control and Regulate Adult Use Cannabis Initiative

Footnotes

2022 ballot measuresI&R StatesNon I&R StatesPolitical topicsOther State of OhioColumbus (capital)Elections

What’s on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures

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Source: https://t-tees.com
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