Ohio voters have legalized recreational marijuana, but some fear it could be repealed by the state’s legislature
With around 56% support, voters have approved Issue 2. The portion of the law legalizing the possession of marijuana and marijuana concentrates, as well as the personal cultivation of marijuana plants, takes effect on December 7. The state will have nine months to issue licensed for marijuana growers, processors and distributors, with regulations overseen by a newly-crated Division of Cannabis Control.
Earlier this month Senate President Matt Huffman said that if voters approve Issue 2, it will be “coming right back before this body”, indicating the measure could be altered or repealed in the legislature. Huffman later walked back his comment slightly, saying that there are no “immediate plans” to fully repeal the initiative if it passes, but it could be altered.
In order for the legislature to fully repeal an initiative, it requires a 2/3rds majority. The republicans clearly reach this threshold in the Senate, controlling 78% of the chamber’s 33 seats. In the House, however, it’s much closer, with Republicans controlling 66 of the 100 seats (one seat is currently vacant). This means even if Republican leadership did decide to push for a full repeal, just one Republican defection would lead to the repeal failing (assuming all Democrats vote against a repeal).
This reality may be one of the reasons Huffman says there are no immediate plans for a full repeal, despite him supporting the move (that and a touch of public backlash). However, just because a full repeal is unlikely, it doesn’t mean an alteration of the law is also unlikely.
Technically the Republicans, if they all agree, could make any change to the measure they want despite any objections from Democrats, including reinstating a ban on marijuana sales, lowering the possession limit, banning home grows, and so on. Any of these could be seen as more politically viable than a full repeal of a voter-approved initiative.
Now that Issue 2 has passed it’s unclear exactly how the Republicans plan to approach the issue, but it is clear that many of them would like to see Issue 2 repealed or changed, and they just may have the votes needed to do so.
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