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Ohioans will decide on a law on recreational marijuana this week

A
Nathan Konik
/
Statehouse News Bureau
A marijuana cigarette burns,

While the constitutional amendment on reproductive rights on next week鈥檚 ballot is getting most of the attention and money, the second question is a big one too. Issue 2 would make Ohio the 24th state to legalize and regulate the growing, manufacturing, testing and sale of recreational marijuana to people over 21.

鈥淲e think the entire state of Ohio benefits from Issue 2, said Tom Haren, who speaks for the Coalition to Regulate Marijuana Like Alcohol, which put Issue 2 before voters.

There isn't much organized support for Issue 2. But the opposition includes Ohio's largest businesses, law enforcement and children's health experts.

鈥淭his is bad for Ohio. And if it's going to come to Ohio, this is not the way for it to happen, said Auditor Keith Faber.

Under Issue 2, Ohioans over 21 could each have six plants per person and a dozen per residence. Issue 2 imposes a 10% excise tax on marijuana sales, along with the 5.75% state sales tax and local sales taxes up to 2.25%. The revenue has been estimated at $218 million to over $400 million a year. Two thirds would be split evenly between a social equity and jobs program fund and funding for communities that have dispensaries. A quarter will go to addiction treatment and 3% to administration costs.

Opponents note there鈥檚 no direct money to law enforcement in Issue 2, and they鈥檙e especially concerned about money to help people who鈥檝e been convicted of marijuana-related laws set up cannabis businesses, which Faber called 鈥渢he drug dealers and their family鈥 fund.

鈥淎 third of the tax so it's really continues to go back to subsidize people coming into the industry. It is absolutely crazy. I don't know of any other circumstance where we actually give tax revenue directly to drug dealers to open drug dealing operations, Faber said. 

Haren said that鈥檚 scare tactics 鈥 that people can qualify for that assistance in other ways too, but the goals are a cannabis industry that鈥檚 representative and help for those harmed by marijuana prohibition.

鈥淭here is a part of it that goes to helping with finances and technical assistance, Haren said. It also goes to study and fund these important criminal justice reform efforts as well as direct investment in disproportionately impacted communities to enhance education, entrepreneurism, legal aid, youth development and violence prevention.鈥

The questions of public safety and pot 鈥 in workplaces, on the roads and with children 鈥 are among the most hotly debated points, with both sides showing studies backing their view.

The Ohio Chamber of Commerce and the Ohio Manufacturers Association have been among Issue 2鈥檚 most outspoken opponents - out of concern for safety, but also because of potentially increased costs of testing for marijuana use.

Rick Carfagna was a Republican member of the Ohio House and now is with the Ohio Chamber of Commerce, and cites stats from the .

We have tens of thousands of jobs coming to the state of Ohio in the next three to five years. And when you look at those types of jobs, by and large, they're going to be in manufacturing. We're talking about precision work, Carfagna said. 鈥淲e've seen in other states that you've have decreased productivity, increased worker's compensation claims, increased unemployment claims, higher turnover, lawsuits.

But Haren countered by citing studies from other states and last year showing no difference in workplace injury rates before and after marijuana legalization. He says employees can be trusted to use marijuana in their private lives responsibly.

鈥淣obody thinks it's a good idea to show up to work, just like nobody thinks it's a good idea to show up drunk to work, Haren said. And in fact, there's actually data to suggest that workers between the ages of 40 and 62 actually are more productive because they have other alternatives to manage chronic pain and they don't need to turn to prescription drugs or opiates.

Ohio's children's hospitals are also opposed to Issue 2, along with the Ohio Prosecuting Attorneys Association, the Buckeye State Sheriffs Association and the Ohio Fraternal Order of Police.

There are Ohioans buying marijuana in other states legally or in state illegally now. Haren said just as people don鈥檛 bootleg booze or download pirated music anymore, the illicit market will dry up with this legalization and regulation. But opponents said drug dealers won鈥檛 be driven out of business, because they鈥檒l be able to sell their tax free product cheaper.

Opponents have said kids can use marijuana as a gateway to harder drugs, but Haren said studies show regulation doesn鈥檛 increase youth usage. Haren said parts of the law are modeled after the state鈥檚 medical marijuana program, including provisions to ban sales or marketing to children, but opponents said it鈥檒l be difficult for regulators to ensure that along with everything else.

Issue 2 would not directly affect Ohio鈥檚 medical marijuana program. And it would be a law, so it could be changed by lawmakers 鈥 and the Republican leaders of the House and Senate have said it will be discussed if it passes.

Contact Karen at 614-578-6375 or at kkasler@statehousenews.org.