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Marijuana legalization question will be on Ohio's fall ballot after lawmakers failed to act on it

The measure would allow adults 21 and over to buy and possess up to 2.5 ounces of cannabis and to grow plants at home. A 10% tax would be imposed on purchases.

COLUMBUS, Ohio — A proposal to legalize recreational adult use of marijuana in Ohio was cleared Wednesday to appear on statewide ballots this fall after the Republican-led state Legislature failed to act on it.

The measure, spearheaded by the Coalition to Regulate Marijuana Like Alcohol,  would allow adults 21 and over to buy and possess up to 2.5 ounces of cannabis flower and 15 grams of extract. 

"You've got to be 21 to buy it, you've got to be 21 to consume it," said Coalition spokesperson Tom Haren. "The entire process from seed to sale will be regulated by the state of Ohio so consumers know their products are tested, they're not contaminated with heavy metals, or mold, or God forbid laced with some illicit substance like you see on the black market. And we also want to generate new tax revenue to the state of Ohio." 

According to Haren, the proposal builds on the existing framework surrounding medical marijuana in Ohio, while also looking at best practices used in other states where recreational marijuana has already been legalized. 

"Adult use marijuana could only be sold at a licensed, regulated dispensary, and under our proposal, it's treated the same way in a lot of ways under the medical program," he said. "You can't be located within 500 feet of certain prohibited facilities like schools and playgrounds, etc. We also preserve the ability of local communities to opt out of having adult use dispensaries."

Haren said that the proposal does not legalize marijuana consumption in public places. He also said it is up to private property owners to determine if they want to permit or ban marijuana use on their properties. According to the proposal, landlords can also prohibit "home grow activities" so long as it's listed in a lease agreement. 

According to the proposal, a 10% tax would be imposed on purchases, to be spent on administrative costs, addiction treatment programs, municipalities with dispensaries and social equity and jobs programs.

More specifically, Haren said some of the revenue would go to local communities that have dispensaries, which could use the money for "any number of things," Haren providing examples like infrastructure improvements or investments in local law enforcement. Haren said another portion would go towards a substance abuse and addiction fund. 

"36% goes into a new social equity and jobs fund, which will do important things like making direct investment into communities that have been disproportionately impacted by marijuana prohibition, to fund and study criminal justice and bail reform and other really important causes," he said.  

According to the proposal, there will also be limitations to how many marijuana plants someone could grow in their home. 

Republican Secretary of State Frank LaRose determined that the Coalition to Regulate Marijuana Like Alcohol had submitted 127,772 valid signatures, more than the 124,046 needed to put the question before voters on Nov. 7.

In July, organizers had originally submitted fewer signatures than required, but were given 10 days to try again. During that grace period, they collected an additional 4,405 valid signatures.

If the issue passes, Ohio would become the 24th state to legalize cannabis for adult use.

"This isn't groundbreaking," Haren said in a statement when the signatures were submitted. "We're just trying to get Ohio in line with neighbors like Michigan and Illinois."

The proposal had a long journey to the ballot.

LaRose first submitted petitions to the Ohio General Assembly on behalf of the coalition on Jan. 28, 2022, triggering a four-month countdown for lawmakers to act. Republican legislative leaders indicated they did not intend to vote the proposal into law. Legislators also asserted that the coalition's petition signatures weren't turned in in time to make the 2022 ballot.

The coalition sued and, in a settlement, ultimately agreed to wait until 2023.

Marijuana has been legal for medical use in the state since 2016.

Associated Press writer Samantha Hendrickson contributed to this report.

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