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Marijuana referendum blocked

COLUMBUS — The Ohio Attorney General’s Office rejected the summary language for a proposed statewide voter referendum aimed at repealing Senate Bill 56, which authorizes many changes to the state’s medical and adult-use marijuana laws.

The Attorney General’s Office received a written petition for the referendum on Dec. 29, about three weeks after Gov. Mike DeWine signed the new restrictions into law. Under Ohio law, the attorney general determines whether a petition’s title and summary are fair and truthful representations of the proposed referendum.

The summary does not meet that standard, Attorney General Dave Yost said Tuesday.

“Upon review of the summary, we identified omissions and misstatements that, as a whole, would mislead a potential signer as to the scope and effect of SB 56,” Yost wrote in a response letter to the petitioners.

Ohioans for Cannabis Choice expressed disappointment, but vowed to continue their fight, calling Yost’s decision a “speed bump.”

A spokesperson for the group stated they will fix the language, collect an additional 1,000 signatures and resubmit the petition to the attorney general’s office.

If the corrected petition is certified by the offices of the attorney general and the secretary of state, referendum supporters plan to begin collecting the necessary 248,092 signatures to get the measure on the November 2026 ballot.

The new law significantly restructures several core elements of the state’s marijuana framework that was established through voter passage of Issue 2 in November 2023. Ohio then became the 24th state to legalize adult-use cannabis, with 57% of voters voting in favor of Issue 2, also known as An Act to Control and Regulate Adult Use Cannabis.

On Aug. 6, 2024, sales began with the first dual-use dispensaries opening their doors to recreational consumers.

Among the most notable changes Senate Bill 56 will implement are restrictions on public consumption.

While existing law largely treats marijuana smoking in public similar to tobacco, Senate Bill 56 makes it illegal to knowingly consume any adult-use marijuana product in a public place, including non-smoked products such as gummies. Although Issue 2 allowed public consumption of nonsmoked products, that provision is now eliminated. Violations are a minor misdemeanor and carry a fine of up to $150.

The law also prohibits possession of marijuana that was not purchased from a licensed Ohio dispensary, meaning cannabis legally obtained in another state may not be lawfully possessed within Ohio.

Another provision tightens what qualifies as lawful paraphernalia by requiring the Division of Marijuana Control to establish an approved list of devices that may be made, sold or possessed, with items outside that list potentially subject to restriction.

Transportation rules are also tightened. Any opened marijuana products, including edibles and vaporizers, must be stored in a vehicle’s trunk or behind the last upright seat if no trunk is present.

Voter-approved home-grow rights remain intact, but the law introduces new criminal penalties for exceeding the six-plant-per-adult or 12-plant-per-residence limits. Depending on the number of excess plants, violations may range from a minor misdemeanor to a felony.

Supporting SB 56 from the Mahoning Valley delegation were state Sens. Al Cutrona of Canfield and Sandra O’Brien of Lenox, and state Reps. Tex Fischer of Boardman, Nick Santucci of Niles, David Thomas of Jefferson and Monica Robb Blasdel of New Waterford, all Republicans.

The lone Valley lawmaker to vote against the marijuana law revisions was state Rep. Lauren McNally of Youngstown, a Democrat.

The full text of both the attorney general’s letter and the petition is available at OhioAttorneyGeneral.gov/Petitions.

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