Work to win two-front fight to save Issue 2
The abusive attack on the will of Ohio voters has gained momentum. Last week, the Ohio Senate passed legislation to bulldoze state Issue 2, approved by 57% of state voters in November 2023.
That general election vote legalized the possession and use of a wide variety of cannabis products in the Buckeye State and included a host of provisions, many of which passage of Senate Bill 56 essentially guts. SB 56 also clearly illustrates the deep partisan divide in state government with all Republicans — including the Mahoning Valley’s two senators — voting for it and all Democrats against.
Respect for the wishes of a majority of the state’s electorate now rests in the hands of the General Assembly’s 99 state House members. We urge them to let Senate Bill 56 die a slow and anguishing death by affording it no hearings or votes through the end of the current legislative session in December 2026.
Last month in this space, we argued that SB 56 belonged in the dumpster as it undermined the Cannabis Control Law voters enacted in a free and fair election. We and several community leaders in the Mahoning Valley targeted one particularly egregious element of the bill that would have stolen potential tax revenue away from local communities that house marijuana dispensaries.
Specifically, a provision in the bill redirects the 36% of tax revenue from marijuana sales away from local communities and into the coffers of the state’s general fund. That income enhancement for many cash-strapped communities in the Valley and throughout the state played a key role in many local governments’ decisions to permit cannabis dispensaries within their boundaries.
Fortunately, the public uproar over that provision resulted in its removal from the final version of the bill.
Nonetheless, many other provisions of the legislation that dilute or pulverize the original voter-approved statute remain firmly in place. They include:
— Enacting a 50% increase on the excise tax on adult-use marijuana and redirect all tax revenue to the state’s general revenue fund.
— Reducing the maximum number of home-grown marijuana plants that may be cultivated at a single residence from 12 to six.
— Reducing allowable THC levels in adult-use marijuana extracts, from a maximum of 90% to a maximum of 70%
— Repealing provisions protecting adult-use consumers from certain adverse actions by employers, courts, health care providers and regulatory authorities.
While those and other provisions of SB 56 likely will face a tougher time to survive in the state House, key provisions of Issue 2 also face direct threats from Gov. Mike DeWine. Early last month, DeWine introduced House Bill 96, his blueprint for the state’s operating budget for fiscal years 2026 and 2027.
In it, the state’s chief executive proposes doubling cannabis taxes to 20%, redirecting revenue to jails, police training and mental health instead of local governments.
That second attempt to rob local communities of tax dollars once promised them immediately drew loud and clear opposition from all quadrants of the state.
Robert Santos, an Austintown Township trustee and leader of the Mahoning County Township Association, took his vocal opposition to the unseemly bait-and-switch taxation tactics directly to the Legislature last week.
In testimony before a hearing of the House Agriculture Committee on HB 96 on Feb. 27, Santos did not mince words, calling the move a “blatant power grab.”
He further testified: “Any changes to this effectively disregards the measure and the will of the people. Regardless of personal views on cannabis, the residents have spoken. … Restore the promised resources to our community officials and allow us to govern our towns in a manner that our residents can be proud of.”
Kyle Brooks, director of governmental affairs for the Ohio Township Association, seconded Santos’ passionate motion in his own Feb. 27 testimony to the committee: “Many townships would not have permitted a dispensary in their subdivision without the promise of revenue sharing. The funding allows townships to lower taxes, or pave additional roads, or enhance safety services — all without placing additional levies on the ballot.”
Those salient points from Brooks and Santos should be amplified by constituents throughout the Mahoning Valley and the state to their elected state representatives and senators. Tell them in no uncertain terms to respect and preserve the will of Ohio voters and to safeguard one key revenue stream for strained local governments. To do so, beseech them to double down by killing SB 56 and then placing the misguided marijuana provisions in the governor’s budget proposal squarely on the chopping block.