Ohio Governor Mike DeWine discusses marijuana policy. (Photo: WEWS.)
Ohio Gov. Mike DeWine wants cannabis advocates to stop “like-doing” after Republicans passed marijuana restrictions and completely banned “intoxicating” cannabis products. Activists filing complaints are collecting signatures for a referendum to repeal the new law.
In November 2023, 57% of Ohioans voted yes on issue 2: legalizing recreational marijuana.
However, Ohio Senate Bill 56, signed into law in December, makes dramatic changes to marijuana operate and bans hemp products with low THC levels. Frustrated with the regulations, Scotty Hunter of Urban Artifact wanted to make a change.
“The fact that the Legislature is okay with eliminating 6,000 businesses, which equates to $1 billion a year in economic activity, is crazy to me, especially when so many Ohioans are struggling,” Hunter said. “This is an opportunity for many small businesses, and now you are making the economic situation even worse.”
Hunter says this could hurt his Cincinnati brewery that sells THC-containing beverages, which is why he’s helping collect signatures for a referendum on the November 2026 ballot to repeal parts of SB 56
“It’s about freedom of choice and not having the government impose on what people can do every day in their lives,” Hunter said. “And SB 56 completely tramples on all of that.”
But over 21 breweries aren’t the only place where you can buy intoxicating cannabis. Consumers can buy it at gas stations and smokehouses, and there are no age requirements.
“You’re seeing a gray area where dangerous drugs are growing out to children and all other consumers in Ohio,” said Adrienne Robbins of the Ohio Cannabis Coalition.
One of the biggest opponents of repeal is actually the marijuana industry. Robbins represents licensed cannabis dispensaries in Ohio that are frustrated by the lack of cannabis oversight. Cannabis sellers say dispensaries simply hate losing business with them.
When asked if this was a turf war between the regulated marijuana industry and the unregulated cannabis industry, Robbins said no.
“You have a group of companies that have chosen to invest in Ohio, do business here, make their home here, serve medical marijuana patients and now serve adult cannabis consumers and do it in a safe way while also giving back to the communities in which they do business,” Robbins said. “On the other hand, we have no idea where these products come from.”
I don’t want it to be seen as industry versus industry: it’s legitimate versus unknown.
Hunter argued that breweries actually follow food safety regulations.
“There are processing rules and regulations and testing requirements that we have to follow,” he said.
He added that dispensaries should push for the repeal of SB 56, noting that the legislation criminalizes marijuana operate.
Marijuana restrictions
The bill introduces a ban on smoking in public places and prohibits smoking in cars. It also gives landlords the option to ban smoking and vaping, prohibits allowing marijuana in outdoor facilities and requires all products to be kept in the same packaging in which they were purchased.
Possessing an “open” container of marijuana is also a crime, meaning that if someone had a bag of edibles in the backseat of a Lyft or on a public bus – if it were ever opened, they would be breaking the law.
It also makes purchasing cannabis out of state a crime. Federal law currently does not allow crossing state lines, but it is not enforced. This would be an enforceable state provision that prevents a citizen from traveling to Michigan, where weed is cheaper, to purchase it.
The legislation also removes protections against discrimination in housing, employment and even organ donation.
Democrats argue that the provision would allow police to establish probable cause during a traffic stop if someone is also a “known consumer” of marijuana.
Robbins said it’s not her place to rule on whether consumers can go to licensed stores and buy legal marijuana but still receive tickets or infractions for conduct allowed under Section 2.
“I can say that … We as Ohioans need to come together and decide what type of industry we want,” Robbins said. “I’ve heard from Ohioans that they want a successful industry that ultimately sends tax dollars back to their local communities.”
She added that they were not asking for “unregulated synthetic drugs” to be sold throughout Ohio. Number 2 did not cover intoxicating cannabis, and voters did not choose it at the ballot box.
While marijuana industry leaders oppose the repeal effort, consumers and individual dispensaries have told us they are helping to keep it going.
Next steps
Ohioans for Hemp Choicethe organization running the campaign is starting to collect the nearly 250,000 signatures needed by mid-March, when the law comes into force.
If they collect the necessary signatures, work on the bill will be suspended until the November elections.
At an unrelated event Thursday morning, DeWine was asked whether the successful repeal effort sent a message about what voters wanted in Issue 2.
“Well, I think we’re very much in line with the voters’ intentions,” the governor responded.
For years, GOP leaders argued that not only did they know what voters really wanted when everyone went to the polls, but also that voters didn’t know.
“I think supporters of this option should be happy with their election victory instead of going back now and complaining about something the legislature did that, frankly, I think is very consistent with what the average voter thought when they went to vote,” DeWine said.
Hunter was offended by the governor’s remarks.
“We elect officials who represent us and represent what we want to happen,” Hunter said. “We don’t elect officials who will tell us how to behave, how to act, what to consume. Honestly, I think it’s inappropriate.”
Even if SB 56 is repealed, lawmakers will be able to continue to do as they please. Theoretically, they could prepare a new bill with very similar wording and pass it again.
This is due to the way Edition 2 was received.
For context, there are two main ways citizens can get a new proposal on the statewide ballot: initiated legislation and a constitutional amendment. The recreational marijuana proposal was initiated legislation, meaning it was incorporated into the Ohio Revised Code. Once a bill or bill has been initiated, it is easier to come to a vote than a constitutional amendment. However, this means that initiated laws can be easily changed by legislators, while amendments cannot.
Supporters say they are focusing on the referendum effort, but everything is on the table – including proposing a constitutional amendment.
GOP leaders, no wonderI don’t want it.
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This article was originally published on News5Cleveland.com and are published in the Ohio Capital Journal under a content sharing agreement. Unlike other OCJ articles, it is not available for free republication on other news outlets because it is owned by WEWS in Cleveland.
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