The 2023 elections may not have the fireworks of 2024, but there is still plenty up for grabs. In this “off-year,” most of which takes place on Nov. 7, Virginia will be keenly watched, particularly by followers of Gov. Glenn Youngkin and whether he can springboard Republican success into national aspirations. Meanwhile, the governor’s mansion is up for grabs in Kentucky and Mississippi. New Jersey’s Republicans believe they have a real shot at turning the state red in legislative elections, while there are also fierce mayoral and district attorney battles throughout the United States. Voters will also decide several fascinating referendums, particularly in Ohio, Maine, and Texas. This Washington Examiner series, November to Remember, will dive into all of these and more over the following two weeks. Part 12 will deal with Ohio’s ballot initiative to pass a statute legalizing the recreational use of marijuana for adults over 21.
Ohioans are weighing in on whether their state will become the 24th in the union to legalize recreational marijuana.
Although Ohio’s abortion rights amendment has captured the most national media attention, Issue 2 on the Buckeye State’s ballot this year would allow people over age 21 to possess up to 2.5 ounces of cannabis and up to 15 grams of marijuana concentrates. Individuals would also be allowed to grow up to six personal marijuana plants, with a household limit of up to 12.
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The initiative would establish the Division of Cannabis Control, which would begin distributing business licenses up to nine months after the law was enacted. If the majority of Ohioans vote yes, the law would take effect on Dec. 7, 30 days after the initial vote.
Rick Carfagna, the senior vice president of government affairs for the Ohio Chamber of Commerce, told the Washington Examiner that the legalization measure would exacerbate rather than improve many of the economic and regulatory problems in the state.
Several large companies, including Honda and Intel, have announced plans for significant job investments in Ohio in the coming years. Carfagna said implementing a new regulatory regime for cannabis is “counterproductive” to the other public policy issues that need the attention of state legislators and regulators, such as improving critical infrastructure and child care accessibility.
“We have a window of opportunity to try to address all these needs, but now we’re going to have to divert attention into how Ohio is going to administer and regulate recreational marijuana and do it quickly,” Carfagna said. “In the event this passes, there’s going to be tight time frames for communities to act and for everyone else to try to act in order to roll this thing out.”
Each of the over 1,000 municipal corporations and townships can opt out of allowing recreational cannabis commerce within their jurisdictions, adding to the possible regulatory headaches.
Gov. Mike DeWine (R-OH) has also chimed in on the proposed legislation, saying that it favors existing medical marijuana dealers who already have licenses “over anybody else” who will try to enter the market.
A recent poll from Northern Ohio University found that 66% of voters generally support legalizing marijuana, while 23% said it should be legal only for medical use. The poll did not specifically reference Issue 2, but analysts say it bodes well for the yes campaign.
A September poll conducted by FM3 Research for the Coalition to Regulate Marijuana like Alcohol, the leading voice in the yes campaign, also found that 59% of Ohioans supported the measure to legalize cannabis.
“Our supporters come from all backgrounds: Democrats, Republicans, veterans, patients, mothers and fathers,” said Tom Haren, campaign spokesman. “They know that our plan to regulate and tax adult-use marijuana is good for Ohio and good for Ohioans. This poll shows that when it comes to marijuana, Ohio voters’ opinion is clear. I feel confident we’ll see that in the election results.”
Unlike Issue 1 on abortion, Issue 2 is a referendum on legislation rather than a constitutional amendment. Because recreational marijuana would be statutory, the Ohio legislature can amend the law for clarity after it has been passed by the people.
Carfagna said that the Ohio Chamber of Commerce, which is against Issue 2, is preparing countermeasures to present to the legislature to address what it sees as flaws in the bill. Some of these proposals include ensuring that private businesses can forbid all forms of cannabis consumption on their premises as well as diverting some of the incoming tax revenue to law enforcement for intoxication crackdown.
“We also want to be ready the very next day, in the event that it does pass, that we are ready to be constructive,” Carfagna said. “We want to come to the table with some solutions and with some ideas on how to really put in some tighter guardrails and make sure that this is being done responsibly.”
“I think there’s areas that we can find broad consensus on across both sides in the event this passes,” Carfagna said.
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Early voting started on Oct. 11. Over 200,000 Ohioans have already voted early in person, which is up by over 8,000 early in-person votes compared to the special election in August, which saw nearly 642,000 early voters.
The Coalition to Regulate Marijuana Like Alcohol did not respond to the Washington Examiner’s request for comment.
