‘Sloppy work,’ not politics, sank attempt on pot-law referendum
Ohio Attorney General David Yost has rejected proposed ballot language for a citizen-led effort seeking to block sweeping changes to Ohio’s recreational marijuana law, including a ban on intoxicating hemp.Ohioans for Cannabis Choice is pursuing a referendum on portions of Senate Bill 56, approved by state lawmakers in November. The law includes bans on smoking and vaping in public, restrictions on out of state purchases and caps the amount of THC in certain products.This March, it provisions in the legislation barring sales of intoxicating hemp products will also take effect. The citizen-led group argues the legislation would force thousands of businesses to close, lead to job losses and undermine the will of Ohio voters who legalized adult-use cannabis through Issue 2 in 2023.“We’re disappointed, but not surprised or deterred,” said Dennis Willard, a spokesperson for Ohioans for Cannabis Choice. “Ohio Attorney General David Yost is just a speed bump in the process. We are going to fix the language, collect an additional 1,000 signatures and not slow down.”In a three-page letter to petitioners, Yost outlined what he described as misleading and inaccurate representations of SB 56 in the proposed summary language.“Upon review of the summary, we identified omissions and misstatements that, as a whole, would mislead a potential signer as to the scope and effect of S.B. 56,” Yost wrote.Yost said the summary included inaccurate statements on the definition of hemp, claims that the law would allow adult-use cannabis deliveries and assertions that dispensaries could offer marijuana samples. The rejected summary also stated that felony convictions would disqualify applicants from cannabis-related licensure — a provision Gov. Mike DeWine vetoed when he signed the bill into law in December.The ACLU of Ohio says it is monitoring the referendum effort along with the attorney general’s recent rejection.”The ACLU of Ohio opposed SB 56 because it denies the manifest will of voters by rolling back important parts of of a popular, voter-approved statute,” said Attorney Patrick Higgins, senior policy counsel with the ACLU of Ohio. “Ohioans deserve better from the legislators who serve them.”The attorney general’s role in certifying citizen-led ballot effortsOhio’s attorney general plays a limited role in the certification process for initiatives, constitutional amendments, and referenda. State law requires the attorney general to determine whether petition summaries are “fair and truthful” representations of the proposal.The Ohio Supreme Court defines petition summaries as “a short, concise summing up,” intended to ensure voters understand what a measure would do if it appears on the ballot.Before certification, a petition must also include at least 1,000 valid signatures from registered Ohio voters. Signatures may come from a single county or a combination of all 88 counties.If the attorney general rejects a summary for failing to meet the fair-and-truthful standard, petitioners must rewrite the language and restart the process, including collecting new signatures.Renewed scrutiny of Yost’s certification recordSince taking office in 2019, Yost has reviewed 52 petitions, including resubmissions. He has rejected 25 of them. Twenty-one were rejected over summary language issues, while four failed to meet the minimum signature requirement.Each rejection has been accompanied by a letter from the attorney general outlining line-by-line concerns and explaining why the summary could not be certified.Attorney Mark Brown represents the Ohio Coalition to End Qualified Immunity, which faced eight rejections before challenging Yost at the Ohio Supreme Court and then in federal court. “Yost objected to any expedited proceedings because he claimed to the Ohio Supreme Court that it was his right to unilaterally block us from the ballot,” Brown said. The attorney general certified the summary language, over his objection, after the U.S. Supreme Court declined to stay a preliminary injunction.Brown argues the pattern reflects a politically motivated effort to delay citizen-led initiatives the attorney general opposes.“He’s just trying to run out the clock before the election so it won’t go on the ballot,” Brown said of Yost’s latest rejection involving the proposed referendum on SB 56.”It was the petitioners’ sloppy work, not my policy preferences, that led to a rejection,” Yost wrote on X. “Do it over, do it right.”Over the past year, Yost has certified four citizen-led efforts including proposed amendments on equal rights, marriage rights, and abolishing property taxes along with a referendum challenging a state law banning diversity, equity and inclusion programs at public universities.Each has advanced to the next phase, which requires collecting more than 413,000 signatures to qualify for the Ohio ballot.
Ohio Attorney General David Yost has rejected proposed ballot language for a citizen-led effort seeking to block sweeping changes to Ohio’s recreational marijuana law, including a ban on intoxicating hemp.
Ohioans for Cannabis Choice is pursuing a referendum on portions of Senate Bill 56, approved by state lawmakers in November. The law includes bans on smoking and vaping in public, restrictions on out of state purchases and caps the amount of THC in certain products.
This March, it provisions in the legislation barring sales of intoxicating hemp products will also take effect. The citizen-led group argues the legislation would force thousands of businesses to close, lead to job losses and undermine the will of Ohio voters who legalized adult-use cannabis through Issue 2 in 2023.
“We’re disappointed, but not surprised or deterred,” said Dennis Willard, a spokesperson for Ohioans for Cannabis Choice. “Ohio Attorney General David Yost is just a speed bump in the process. We are going to fix the language, collect an additional 1,000 signatures and not slow down.”
In a three-page letter to petitioners, Yost outlined what he described as misleading and inaccurate representations of SB 56 in the proposed summary language.
“Upon review of the summary, we identified omissions and misstatements that, as a whole, would mislead a potential signer as to the scope and effect of S.B. 56,” Yost wrote.
Yost said the summary included inaccurate statements on the definition of hemp, claims that the law would allow adult-use cannabis deliveries and assertions that dispensaries could offer marijuana samples. The rejected summary also stated that felony convictions would disqualify applicants from cannabis-related licensure — a provision Gov. Mike DeWine vetoed when he signed the bill into law in December.
The ACLU of Ohio says it is monitoring the referendum effort along with the attorney general’s recent rejection.
“The ACLU of Ohio opposed SB 56 because it denies the manifest will of voters by rolling back important parts of of a popular, voter-approved statute,” said Attorney Patrick Higgins, senior policy counsel with the ACLU of Ohio. “Ohioans deserve better from the legislators who serve them.”
The attorney general’s role in certifying citizen-led ballot efforts
Ohio’s attorney general plays a limited role in the certification process for initiatives, constitutional amendments, and referenda. State law requires the attorney general to determine whether petition summaries are “fair and truthful” representations of the proposal.
The Ohio Supreme Court defines petition summaries as “a short, concise summing up,” intended to ensure voters understand what a measure would do if it appears on the ballot.
Before certification, a petition must also include at least 1,000 valid signatures from registered Ohio voters. Signatures may come from a single county or a combination of all 88 counties.
If the attorney general rejects a summary for failing to meet the fair-and-truthful standard, petitioners must rewrite the language and restart the process, including collecting new signatures.
Renewed scrutiny of Yost’s certification record
Since taking office in 2019, Yost has reviewed 52 petitions, including resubmissions. He has rejected 25 of them. Twenty-one were rejected over summary language issues, while four failed to meet the minimum signature requirement.
Each rejection has been accompanied by a letter from the attorney general outlining line-by-line concerns and explaining why the summary could not be certified.
Attorney Mark Brown represents the Ohio Coalition to End Qualified Immunity, which faced eight rejections before challenging Yost at the Ohio Supreme Court and then in federal court.
“Yost objected to any expedited proceedings because he claimed to the Ohio Supreme Court that it was his right to unilaterally block us from the ballot,” Brown said.
The attorney general certified the summary language, over his objection, after the U.S. Supreme Court declined to stay a preliminary injunction.
Brown argues the pattern reflects a politically motivated effort to delay citizen-led initiatives the attorney general opposes.
“He’s just trying to run out the clock before the election so it won’t go on the ballot,” Brown said of Yost’s latest rejection involving the proposed referendum on SB 56.
“It was the petitioners’ sloppy work, not my policy preferences, that led to a rejection,” Yost wrote on X. “Do it over, do it right.”
Over the past year, Yost has certified four citizen-led efforts including proposed amendments on equal rights, marriage rights, and abolishing property taxes along with a referendum challenging a state law banning diversity, equity and inclusion programs at public universities.
Each has advanced to the next phase, which requires collecting more than 413,000 signatures to qualify for the Ohio ballot.
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