Marijuana Backers Clash With Legislators
Ballot Language Challenged in the Ohio Supreme Court
ResponsibleOhio political action committee has filed a mandamus action, asking the Ohio Supreme Court to change the Ballot Board’s wording of Issue 3.
Issue 3, upon voter approval, would legalize the medical and personal use of marijuana for persons who are 21 years of age or older. The use of medical marijuana would require a doctor's note. A recreational user of marijuana would be permitted to possess one ounce of the drug or less. Someone choosing to grow marijuana at home for personal use would be permitted to grow four flowering plants at a given time with a cultivation license.
An Ohio Marijuana Control Commission would be established to regulate industrial and homegrown cannabis production, the chemical content of marijuana products, retail sales and taxation of marijuana. The commission would also act as a clearinghouse for scientific research on marijuana and establish a marijuana innovation and business incubator in Cuyahoga County.
A special flat tax of 15 percent would be imposed on the profits of all marijuana production facilities. A 5 percent flat tax would be imposed on all marijuana retail stores. Revenue from these taxes would be distributed as follows: 55 percent to the Municipal and Township Government Stabilization Fund, 30 percent to the Strong County Fund and 15 percent to the Marijuana Control Commission Fund. All production facilities and retail stores would be required to pay all other taxes, fees and assessments levied on businesses in general.
The amendment would provide for ten Marijuana Growth, Cultivation and Extraction (MGCE) facilities. Cultivation of medical and retail marijuana and production of marijuana-infused products would only be permitted to take place at the ten MGCE facilities. The Ohio General Assembly was critical of this section of the initiative, referring an anti-monopoly amendment to the ballot in response. The legislature's amendment, if approved by voters, would block the marijuana initiative from going into effect.
