Last updated : December 23, 2024
On a second try, supporters of legalized marijuana in Ohio managed to collect enough valid signatures to get the issue on the state’s November ballot. Now they face another battle, because according to recent polls, the legalization initiative, known as Issue 3, is far from a slam dunk in voters’ minds.
The latest survey done by the University of Akron shows an even divide among decided voters—46 percent in favor of legalization and 46 percent opposed—with 8 percent as yet undecided.
Ohio decriminalized weed a long time ago, reducing possession of less than 100 grams to a minor misdemeanor. That means an offender earns no jail time or criminal record, although his/her driver’s license may be suspended for at least six months in many areas of the state.
So what would legalization change, exactly? If passed, proponents say Issue 3 would:
- make medical and recreational pot sales and use legal for adults 21 and older
- increase the legal amount an individual can possess to 8 ounces of homegrown marijuana or 1 ounce of purchased weed
- limit commercial marijuana growth to 10 preselected sites owned by investors who subsidized the Responsible Ohio political action committee
- allow licensed adults to grow up to four flowering marijuana plants at home
- create a seven-member Marijuana Control Commission whose members would be chosen by the governor to license and regulate the industry
- establish a 15 percent sales tax for manufacturing and wholesale and an additional 5 percent sales tax for retail, the proceeds of which would fund public safety and health services, the regulatory commission, non-profit medical dispensaries, and mental health and addiction treatment programs
- charge the state legislature to increase penalties for sales to minors and add child endangerment to the possible list of charges
Among the things Issue 3 would not do?
- legalize public pot consumption, consumption on elementary or secondary school properties, at daycare centers, and correctional facilities
- legalize pot consumption in a vehicle, aircraft, motorboat, or train
- legalize use while operating any of the above
- curtail employers’ rights to establish drug-free policies in the workplace in accordance with federal laws that still make marijuana use illegal
Opponents of legalization—a list that includes medical associations, children’s hospitals, business groups, and politicians—say November’s proposal would, in effect, create a monopoly on marijuana production and effectively embed it in the state constitution. With that in mind, they quickly introduced a constitutional amendment (Issue 2) in the General Assembly. That amendment would prohibit monopolies, oligopolies, and cartels from being introduced into the Ohio constitution.
The amendment also includes a paragraph that would quash any ballot initiative involving a Schedule 1 substance—i.e., any drug the Drug Enforcement Agency identifies as one with a high potential for abuse, one the federal government doesn’t accept as a medical treatment, or one not proven safe to use under medical supervision. That list includes marijuana.
The two ballot initiatives are in what you might call a race, because the one that captures the highest majority vote will go into effect first. If that turns it out be Issue 2, it could potentially knock legalization off the table. Realistically speaking, though, these matters are most likely to be decided by Ohio’s Supreme Court.
An interesting twist was recently added to the legalization debate when the state of Ohio sued the city of Toledo for passing a “Sensible Marijuana Ordinance” that directly contradicts state law. Toledo’s ordinance reduces penalties for all marijuana-related crimes committed within city limits, completely eliminating fines and jail time. Furthermore, the new ordinance decriminalizes other drugs, including morphine and oxycodone. Finally, the “Sensible Marijuana Ordinance” effectively gags city police, prohibiting them from reporting pot crimes to any authority beyond the city attorney general.
One of the eventualities of marijuana legalization centers on employees who misinterpret decriminalization as a right to use the drug whenever and wherever they want, free of consequences. Employers will still be able to fire employees who test positive for drugs with a legally sound drug-free workplace program. Additional laws are being proposed in preparation, including one that usamobiledrugtesting.com explains as involving drug testing for welfare recipients.
Given the poll numbers, the gaps between city ordinances and state laws, and the constitutional questions involved, the legalization of pot in all its forms and for all its uses is likely to remain a hot-button issue in Ohio for some time, regardless of what voters decide this November.
