The Cannabis Amendment

Full Text of the Amendment

Whereas, cannabis has accepted medical uses in treatment in the United States; 

and Whereas, science and common sense reveal cannabis to be a medicinal plant with much potential to relieve human suffering; 

and Whereas, Ohio citizens desire to reclaim their freedom to select cannabis as the medicinal treatment of their choice understanding this amendment applies only to Ohio law and state action, and does not immunize violations of federal law. 

Now therefore be it resolved by the people of the State of Ohio: That the Constitution of the State of Ohio be amended by adopting a section to be designated as Section 22 to Article I, thereof, entitled ” Cannabis ” to read as follows: 

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.

 Adults shall have the right to possess, process, transport, use, share, and cultivate cannabis for any purpose. This right shall not be infringed. 

Adults shall have the right to farm, process, and conduct commerce in cannabis for all lawful purposes including, but not limited to, paper, seed oil, food, body care products, fuel, building materials, auto parts, and clothing. This right shall not be infringed. 

Cannabis shall be researched, regulated, and promoted by the State in a manner substantially similar to other agricultural crops. Cannabis, in all forms, is hereby removed from Schedule I classification in the State’s Schedule of Controlled Substances 90 days after adoption of this amendment. This amendment vacates all prior cannabis related convictions.

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. Minors may be administered cannabis only under the direction of a licensed physician. 

Adult residents 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 to engage in, nor prohibits the imposition of civil, criminal, or other penalties for undertaking any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice; or to operate, navigate or be in actual physical control of any motorized conveyance or heavy machinery while under the influence of cannabis.

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 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 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.   *End of full text of Amendment*