Ohio Medical Use of Marijuana Amendment (2016)

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Ohio
Medical Use of Marijuana Amendment
Flag of Ohio.png
Election date
November 8, 2016
Topic
Marijuana
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens


The Medical Use of Marijuana Amendment did not appear on the November 8, 2016, ballot as an initiated constitutional amendment.

The measure would have amended the Ohio Constitution to legalize medical marijuana for those individuals with debilitating medical conditions and create a Medical Marijuana Control Dvision to oversee consumption and retail licensing.[1]

Ohioans for Medical Marijuana suspended their campaign after the Ohio General Assembly passed a medical marijuana legalization bill.[2]

Text of measure

Constitutional changes

The measure would have added a new Section 12 to Article XV of the Ohio Constitution.

Full text

The full text of the measure is available here.

Support

Ohioans for Medical Marijuana led the push for this measure, with Brandon Lynaugh as its campaign manager.[3]

Arguments in favor

Amanda Candow, a campaigner who was diagnosed with multiple sclerosis, said,[4]

I actually didn’t believe in medical marijuana before I had MS. ... I mean to me, it’s a crime to keep something away from somebody that it could literally save their life. ... And for you to say no because it’s illegal.[5]

Brandon Lynaugh, campaign manager for Ohioans for medical marijuana, said,[3]

I know that helpless feeling that families have when they watch someone they love have an epileptic seizure. ... Passage of this amendment will help bring relief to the suffering of thousands of patients and their families.[5]

Opposition

If you know of any opposition to this measure, please contact editor@ballotpedia.org.

Media editorials

Support

The Akron Beacon Journal printed an editorial on April 11, 2016, saying:[6]

The Ohioans for Medical Marijuana Act would allow patients coping with certain serious conditions to purchase marijuana from retail outlets or grow their own, with the approval of a physician. The state would issue licenses for businesses to grow, process, test and sell marijuana to patients who have state-issued identification cards. Overseeing all this activity would be a state Medical Marijuana Control Division.

While medical marijuana wins, and deserves, much public support, the approach in this proposal features a familiar flaw — a lengthy amendment to the Ohio Constitution. If approved, structural problems encountered in implementation would be hard to address. Once the act is in the state constitution, only another voter-approved amendment could alter it.

Fortunately, lawmakers are considering a better way, passage of a bill legalizing medical marijuana, making future adjustments far easier. Legislation is being drafted in the Ohio Senate. Meanwhile, state Rep. Kirk Schuring, a Canton Republican who heads a task force on medical marijuana, has wrapped up hearings. The task force has heard from dozens of witnesses, among them physicians, attorneys and growers.

It would be far better if the legislature acts first, before the Marijuana Policy Project gathers the signatures it needs or another group starts a petition drive. More, for practical and political reasons, the legislature would do well to broaden the scope of marijuana legislation to include recreational use.

The practical reason goes to the complications inherent in moving part way to legalizing marijuana. Even a tight regulatory framework could not guarantee that marijuana would be used only for medical purposes. That is especially true if patients have the ability to grow their own.

More, a delay in moving forward on recreational use of marijuana would risk again well-heeled investors such as the ones who backed Issue 3 to try again. Their amendment limited growing sites to places already controlled by those backing the measure. This is the pattern that played out in the passage in 2009 of an amendment establishing just four sites for casino gambling.[5]

The Canton Repository published an editorial in favor of medical marijuana legalization:[7]

Because it could ease the pain and other symptoms of people who suffer from debilitating medical conditions and because the state would be strict in its regulation of it "from seed to sale," we believe the time is right to legalize medical marijuana.[5]

Opposition

If you know of any media outlets in opposition to medical marijuana legalization, in general, or this measure, in particular, please contact editor@ballotpedia.org.

Polls

Ohio Medical Cannabis
Poll Support OpposeUndecidedMargin of errorSample size
Marijuana Policy Project
2/17/2016 - 2/18/2016
74.0%22.0%4.0%+/-3.8672
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Path to the ballot

See also: Laws governing the initiative process in Ohio

Petitioners needed to submit 1,000 signatures with the initial petition filing. Rob Kampia submitted the initiative petition on March 15, 2016, and was approved for signature gathering by Ohio Attorney General Mike DeWine on March 26, 2016.[8]

Supporters needed to collect 305,591 signatures by July 6, 2016, to have the initiative placed on the November 2016 ballot.

As of May 28, 2016, Ohioans for Medical Marijuana suspended their signature collection campaign. This news came after the Ohio General Assembly passed a medical marijuana legalization bill. Ohioans for Medical Marijuana said that it was "a step forward."[2]

See also

Footnotes