COLUMBUS, Ohio — Ohio Attorney General Dave Yost has rejected a petition to repeal a state law that added more criminal penalties to marijuana usage and totally banned "intoxicating" hemp products, saying it was misleading. Activists say they will make edits to the language in order to get the proposal on the November ballot.
Activists will need to edit and resubmit their proposed referendum petition on Senate Bill 56, putting a roadblock in the way for THC supporters in their effort to collect the nearly 250,000 signatures needed to put the question to the voters.
"When we put this on the ballot, people will be saying no to government overreach," Ohioans for Cannabis Choice's spokesperson Dennis Willard said.
But they are now caught in the weeds, thanks to the rejection.
In a letter to campaign attorneys, Yost said that he is "unable to certify the summary as a fair and truthful representation of the measure," citing several examples of "misleading" information. An example he provided showed that the petition incorrectly stated that S.B. 56 repealed a prohibition of license holders offering gifts, samples or other free or discounted adult-use marijuana products.
"Instead, the bill directs the division of cannabis control to 'establish standards prohibiting the use of gifts, samples, or other free or discounted goods or services to induce or reward a license holder for business or referrals,'” Yost said. "In other words, S.B. 56 does not repeal a prohibition in this context but calls for standards that create a prohibition."
Ohioans for Cannabis Choice's spokesperson Dennis Willard said they will make the corrections needed swiftly.
"We'll turn this around in just a matter of days, Morgan," Willard continued.
Because of his rejection, activists will rewrite, get 1,000 more signatures, resubmit and be approved by Yost within about 8 weeks.
RELATED: Ohio Gov. Mike DeWine signs bill banning all 'intoxicating hemp,' including THC-infused drinks
In November of 2023, 57% of Ohioans voted yes on Issue 2: the legalization of recreational cannabis.
I have been covering marijuana policy extensively for years, including a series answering viewer questions about cannabis.
"That is absolutely against the will of the people who said that we think cannabis should be legal in Ohio," Willard said about S.B. 56.
The legislation institutes a public smoking ban and prohibits smoking in cars. Also, it gives landlords the ability to prohibit smoking and vaping, bans outdoor venues from allowing marijuana and requires all products to be kept in the same package they were bought in.
It also makes it a crime to have an "open" marijuana container, meaning if someone has a baggie of edibles in the backseat of a Lyft or on a public bus — if it had ever been opened, they would be breaking the law.
It also makes it a crime to buy out-of-state cannabis. Federal law currently doesn't allow marijuana to go across state lines, but it isn't enforced. This would be an enforceable state provision preventing a citizen from going to Michigan, where the weed is cheaper, to buy.
The legislation also removes protections against discrimination for housing, employment and even organ donation.
As well, Democrats argue that a provision would allow for police to have probable cause during traffic stops if someone is a "known consumer" of marijuana.
RELATED: Did Ohio's THC reform just create a bunch of new crimes?
On the hemp side, all "intoxicating" products would be banned — including THC-infused drinks.
RELATED: Ohio's new THC ban could 'wipe out an entire industry,' brewery says
"We have these politicians in Columbus who think they know better than everybody, and they really get angry when voters take the law into their own hands," spokesperson Dennis Willard said. “When people get angry in this state, they rise up, they join together.”
But if it isn't approved in time, Willard said all options are on the table. His focus, at this time, is on the referendum, he said.
"What do you make of the fact that they're saying that this goes against the will of the voters and they now need to put a constitutional amendment in place that the lawmakers can't tinker with?" I asked House Speaker Matt Huffman (R-Lima) back in November when the bill passed.
"Well, I don't think it goes against the will of the voters," he said.
Any effort to repeal or go back to the ballot wouldn’t be productive, he added.
"If folks want to go back to the ballot and they want to spend tens of millions of dollars to get something they probably already have — I don't think that's a very good idea," the speaker said.
Republicans dismissing ballot efforts or Yost "putting a roadblock" in place to slow down time won't change the passion that the campaign has, Willard said.
"That's not going to stop us, and we believe it will not stop the voters from saying no to Senate Bill 56," Willard said.
Have questions? Let me know, and I'll answer them.
I have continued to cover any and all changes to marijuana policy that lawmakers are trying to make.
I also have a series answering your questions about cannabis in Ohio. Please email me written questions — or a video of you asking a question — to be featured in our next edition. Send questions to Morgan.Trau@wews.com with the subject line "THC questions."
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