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Ohio Voters Approve Adult-Use Cannabis Referendum

By Tommy Tobin, Andrew Kline & Hanna Barker Mullin on November 8, 2023
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After Tuesday’s election, Ohio is the latest state to legalize adult-use cannabis despite opposition from Republican Governor Mike DeWine and several trade groups.

Voters approved State Issue 2 with 57% voting in favor and 43% against. The measure allows Ohioans 21 years or older to buy, possess, and grow cannabis up to certain limits. It also establishes the Division of Cannabis Control to regulate and license cannabis operators and facilities. The regulations give licensing priority to existing medical operators but will allow additional licensure to meet the needs of the market.

The measure also levies a 10% tax on cannabis sales but prevents local governments from implementing additional taxes on cannabis operators. Tax revenue is estimated to reach $300 million in the first year of legal sales.

Lawmakers in the state’s legislature have the authority to amend or repeal the initiative, and any legislative battle over amendments could delay implementation.

Four states (Arkansas, North Dakota, South Dakota, and Oklahoma) rejected ballot proposals to legalize adult-use cannabis this year, after Maryland and Missouri approved similar proposals last November. Two other states (Delaware and Minnesota) legalized adult-use cannabis possession and sales this year through the legislative process. With the addition of Ohio, more than half of the U.S. population now live in a jurisdiction with legal adult-use cannabis.

Photo of Tommy Tobin Tommy Tobin

Thomas Tobin’s practice focuses on complex commercial litigation and class action matters involving statutory, constitutional, and regulatory issues in a range of industries, including food and beverage, consumer packaged goods, and cannabis. In the food and beverage sector, Tommy has experience defending false…

Thomas Tobin’s practice focuses on complex commercial litigation and class action matters involving statutory, constitutional, and regulatory issues in a range of industries, including food and beverage, consumer packaged goods, and cannabis. In the food and beverage sector, Tommy has experience defending false advertising claims and consumer protection claims for well-known international corporations.

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Photo of Andrew Kline Andrew Kline

Andrew Kline leverages his more than thirty years of law and policy experience in his diverse practice. He counsels clients in established and emerging industries on regulatory compliance, due diligence, internal investigations, privacy, public policy, and litigation strategy.

Read more about Andrew KlineEmail
  • Posted in:
    Cannabis
  • Blog:
    Cannabis Legal Highlights
  • Organization:
    Perkins Coie LLP
  • Article: View Original Source

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