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Effort to repeal Ohio marijuana, hemp law can move forward, AG says

 A Columbus storefront selling Delta-8 THC.
Karen Kasler
/
Statehouse News Bureau
A Columbus storefront selling Delta-8 THC.

Attorney General Dave Yost has certified the title and summary language of an effort to overturn the recent law overhauling the state’s recreational marijuana program.

After rejecting the initial petition from the group of some cannabis and hemp advocates in January, forcing them to resubmit a rewritten version, Yost wrote in a letter Tuesday their title and new summary are “fair and truthful.”

“My certification of the title and summary,” Yost said, “should not be construed as an affirmation of the enforceability and constitutionality of the referendum petition.”

The group, Ohioans for Cannabis Choice, can now start its broader signature collection with that and Secretary of State Frank LaRose’s certification of their initial 1,000 signatures.

“Full steam ahead,” Ohioans for Cannabis Choice spokesperson Dennis Willard said in an email statement. “We’re going to be hitting the streets, collecting signatures all across Ohio, because people are angry and want to sign on the line to vote no on (Senate Bill) 56.”

SB 56 is set to take effect in March.

Under it, which Gov. Mike DeWine signed Dec. 19, all “intoxicating” hemp—including THC and CBD beverages—would be illegal to sell or have.

The final version of what lawmakers sent DeWine banned most intoxicating hemp, but gave those drinks more leeway, mirroring the timeline of recent federal action against hemp. DeWine used his line item veto ability, however, to strike the measure carving out beverages, saying it would cause more confusion.

As for adult-use cannabis legalized by voters in 2023, SB 56 makes extensive changes to statute. They include making it a state crime to store edibles outside their original packaging or possess any product bought legally in another state.

But the Coalition to Regulate Marijuana Like Alcohol, which wrote and led the effort behind Issue 2, is against the referendum—as is the industry trade association the Ohio Cannabis Coalition, or OHCANN.

In statements, both said the effort is being funded by just hemp advocates.

“This referendum is focused solely on protecting the massive profits of these bad actors and will allow them to continue selling dangerous, unregulated drugs in Ohio,” OHCANN Executive Director David Bowling said in an email statement.

Statewide, Ohioans for Cannabis Choice needs more than 248,000 valid signatures to make the ballot.

Sarah Donaldson covers government, policy, politics and elections for the Ohio Public Radio and Television Statehouse News Bureau. Contact her at sdonaldson@statehousenews.org.