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News 5 viewers have written in to ask about the implications of Issue 2, the law that legalized recreational marijuana on election night. Statehouse reporter Morgan Trau breaks it down.
News 5 viewers in Columbus, Ohio, have written in to ask about the implications of Issue 2, the law that legalized recreational marijuana on election night. Statehouse reporter Morgan Trau breaks down the law with some legal experts.
We follow the story to its conclusion. You can read and watch our previous reporting about this story below, and see more stories. We’ve done everything we can to make sure that this is a success.
Both supporters and opponents have many questions about the recreational marijuana vote. We brought them to Case Western Reserve University Law Professors Atiba Ellis and Jonathan Entin.
When can I smoke and grow marijuana?
Ellis said that “for personal consumption, growth and all of those things, we must wait at least a month before these practices are legal.”
The new law will take effect on December 7, which means that adults over 21 can smoke up to 2.5 ounces, and grow up six plants.
How do I buy it?
Entin said that the cannabis division authorized by Issue 2 must be created, and then it will have to write its own rules for cultivation and dispensing. “Issue 2, by itself, gives this agency nine months to complete the work.”
This means that Ohioans are still a long way from being able buy marijuana in a licensed dispensary to use for personal purposes.
Where can I smoke?
Entin laughed. “Just because something is legal doesn’t mean that you can do it anywhere,” he said.
The Ohio Department of Commerce stated that marijuana smoking would be subject to the same rules as cigarettes – not in public indoor areas. Gov. DeWine has asked for more clarifications. Mike DeWine asked for clarifications about public use.
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DeWine said, “People have the right to smoke marijuana. That’s fine.” “But other people have the right not to smell it or have their children or grandchildren exposed to it.”
Can I be evicted because I smoke?
Yes.
Entin said that private property has a wide range of control over what happens. “Your landlord can tell you that you do not smoke marijuana in your apartment.”
Landlords may prohibit smoking and growing in their leases.
Can I be tested for drugs at work?
Yes.
Entin said that employers can say they don’t want employees to be high at work. “The employer can tell employees that they don’t want them high at work, because people who have high levels of marijuana, just like those who are drunk, won’t do their job.”
The law says that employers may still conduct drug tests and have a no tolerance policy.
What happens to taxes?
Ellis said, “The law is under the control of the legislative.”
The law currently allocates 10% of the tax revenue from marijuana sales to four different funds. “36% to the cannabis social equality and jobs fund, 36 percent to host community cannabis facilities fund, 25 percent to substance abuse and addiction fund and 3 percent to division of cannabis control commission and tax fund,” according the text of law.
Many Statehouse Republicans have floated an idea to change how much money goes to the Social Equity Fund, perhaps giving more to local government.
Why can the legislators change it?
The proposal was an initiated law, which means that it will be added to the Ohio Revised Code. This is different from Issue 1, the abortion amendement, which was incorporated into the Ohio Constitution. A law or initiated statute is easier to get to the ballot than an amendment. However, initiated laws can be changed easily, while constitutional amendments cannot.
DeWine said, “I have asked the legislature to take appropriate actions within the next 30 day period.”
Keep the questions coming. We’ll keep up with it.
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