DAYTON, Ohio (WDTN) — Ohio has become the 24th state to legalize recreational marijuana.
Still, potential changes could be made to Issue 2, even with it passing. Issue 2 is an initiated state statute, which means lawmakers have the power to amend the law as they see fit.
The difference between an initiated state statute like Issue 2, and a constitutional amendment like Issue 1, is permanence. An amendment is permanent; a statute is not.
Cedarville University professor of history and law Dr. Marc Clauson says lawmakers can make any changes they see fit to what was passed within the 30-day window.
After that window, they will not be able to change the statute. However, experts like Clauson don’t believe they will be barred permanently from making modifications.
It’s uncertain what they could do if they fail to make any changes before Dec. 7 when Issue 2 goes into effect. The reason for this is that Ohio’s procedures on initiated statues are not clear.
If lawmakers were to introduce changes past the 30-day window, it would likely be challenged in court. He also says what makes the potential for changes after 30 days so unclear is the state legislature would not want to bind themselves in case they needed changes.
Clauson says in some form, Issue 2 will be here to stay.