Ohio Medicinal Cannabis and Industrial Hemp Amendment (2017)
| Ohio Medicinal Cannabis and Industrial Hemp Amendment | |
|---|---|
 | |
| Election date November 7, 2017 | |
| Topic Marijuana | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin Citizens |
The Medicinal Cannabis and Industrial Hemp Amendment was not on the ballot in Ohio as an initiated constitutional amendment on November 7, 2017.
The measure would have legalized marijuana for medicinal purposes and allowed farmers to grow industrial hemp.[1]
Text of measure
Constitutional changes
- See also: Article I, Ohio Constitution
The measure would have added a Section 22 to Article I of the Ohio Constitution.[1] Note: Hover over the text and scroll to see the full text.
Medicinal cannabis, or cannabis, commonly referred to as marijuana, marihuana or hemp, is defined as all parts of any plant of the genus Cannabis, whether growing or not. Industrial hemp is defined as nonintoxicating varieties of the plant genus Cannabis grown and processed for non-medicinal purposes.
Residents who have attained the age of majority shall have the right to possess, process, transport, use, share, and cultivate cannabis for medicinal purpose. This right shall not be infringed except that the commercial production of cannabis, extraction of cannabis by solvents, the use of cannabis or cannabis extracts as an additive in foods and the transfer of cannabis by purchase or sale may be taxed and shall be regulated in the interest of public health and safety. Residents who have not attained the age of majority may be administered medicinal cannabis for use under the direction of licensed physician.
Residents shall have the right to farm, process, and conduct commerce in industrial hemp, for all lawful purposes including, but not limited to, paper, seed oil, food, body care products, fuel, building materials, auto parts, and clothing.
Industrial hemp and medicinal cannabis shall be researched, regulated, and promoted by the State in a manner substantially similar to other agricultural crops. Industrial hemp and medicinal cannabis, in all forms, are hereby removed from Schedule I classification in the State’s Schedule of Controlled Substances on January 1, 2018.
Residents who have attained the age of 21 years old shall have the right to participate in a fair and transparent process for determining cannabis-related commercial licensing that provides equal opportunity to access, ownership, and employment for all Ohioans.
Nothing in this Amendment authorizes any person, while under the influence of cannabis, to (1) engage in any task that would endanger others or constitute negligence or professional malpractice, or (2) operate, navigate, or control any motorized vehicle or heavy equipment, and this Amendment does not prohibit the imposition of civil, criminal, or other penalties against a person who does so.
An individual shall not be considered to be under the influence of cannabis under Ohio law solely because of the presence of active or inactive metabolites of cannabis in the individual’s urine, blood, tissue, hair or skin, or as detectable by any other measure of body chemistry. The legal definition of impairment as a result of cannabis use, and applicable testing to determine such impairment, shall be based on scientific evidence of impairment.
Nothing in this Amendment shall interfere with or change the ban on smoking in public places under the Smoke Free Workplace Act passed by Ohio voters in November 2006.
The provisions of this section are intended to be severable, and the invalidity of one or more of such provisions shall not affect the validity of the remaining provisions. No other provision of the Ohio Constitution shall impair the rights enumerated herein. This Amendment will take effect 30 days after passage.[2]
Full text
The full text of the measure is available here.
Support
Grassroots Ohio led the campaign in support of the measure.[3]
Path to the ballot
Petitioners were required to submit 1,000 signatures with the initial petition filing. Grassroots Ohio submitted a version of the amendment on March 10, 2016. The petition was rejected on March 21, 2016. A second submission, along with 2,056 signatures, was made on March 28, 2016. On April 7, 2016, the initiative petition was deemed fair and truthful of the proposed law.[4] On April 14, 2016, the Ohio Ballot Board certified the measure as meeting the state's single-subject clause, thus allowing supporters to start gathering signatures.[5] To get the measure certified for the ballot, 305,591 valid signatures were due 125 days before the intended general election date. For the 2017 general election, 125 days prior was July 5, 2017.
Grassroots Ohio stated that the campaign was aiming to get the initiative certified for the 2017 ballot.[3]
See also
Footnotes
- ↑ 1.0 1.1 Ohio Attorney General, "Initiative Petition," accessed March 12, 2016
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ 3.0 3.1 Grassroots Ohio, "Grassroots Ohio continues to target 2017 for individual rights," May 28, 2016
- ↑ Ohio Attorney General, "List of petitions submitted to the Attorney General's Office," accessed April 8, 2016
- ↑ Ohio Ballot Board, "Ballot Board Certification Letter," April 14, 2016
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