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.
This is a developing story and will be updated.
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.
In a letter to Ohioans for Cannabis Choice's 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 An example he provided showed that the petition incorrectly stated that S.B. 56 repealed a prohibition of license holders offering gifts, samples or other free or discounted adult-use marijuana products.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, the coalition pushing the referendum, has called S.B. 56 "a slap in the face to Ohioans who overwhelmingly voted to support cannabis legalization in 2023."
"We're disappointed, but not surprised or deterred. Ohio Attorney General David Yost is just a speed bump in the process. We are going to fix the language, collect an additional 1,000 signatures, and not slow down. Voters this November will have the opportunity to say no to SB 56, no to government overreach, no to closing 6,000 businesses and abandoning thousands of Ohio workers, and no to defying the will of Ohioans who overwhelmingly supported legalizing cannabis in 2023," Dennis Willard, spokesperson for Ohioans for Cannabis Choice, said.
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.
Morgan Trau has been covering marijuana policy extensively for years, including a series answering viewer questions about cannabis.
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
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Morgan has continued to cover any and all changes to marijuana policy that lawmakers are trying to make.
Morgan also has a series answering your questions about cannabis in Ohio. Please email 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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