An image of Ohio’s voting sticker, which voters receive across the state. Early voting is currently open and includes two statewide issues on reproductive rights and recreational marijuana. Credit: Ohio’s Secretary of State.

Despite 2023 being an off-year for elections, the upcoming Nov. 7 election is expected to garner high voter turnout, with both the legalization of recreational marijuana and access to reproductive health care featured on Ohio’s ballot. 

The Lantern compiled what you need to know before voting on the issues, as early voting is available now through Election Day.

Issue 1

If passed, Issue 1 would amend Ohio’s Constitution to guarantee access to reproductive health care, which includes access to contraceptives, fertility services, miscarriage care and abortion. 

The amendment does not establish access to abortion in all cases. Legislators are allowed to regulate abortion access past fetal viability, meaning when the fetus can survive outside the womb. Though the time range varies, this is typically seen between 22-24 weeks, according to Maria Gallo, a professor in the division of epidemiology at Ohio State and associate dean of research within the College of Public Health.

However, the amendment does state that if a physician deems the pregnancy to be dangerous for their patient, it is up to the physician and patient to determine if an abortion is needed, not the state. 

This aspect of the amendment has been highly contested, with some opponents speculating it could lead to unregulated access and an increase in late-term abortions. Governor Mike DeWine and his wife Fran were featured in a few advertisements about the issue, saying it is “just not right for Ohio.”

“Issue 1 would allow an abortion any time during a pregnancy, and it would deny parents the right to be involved in their daughters making the most important decision of their life,” Fran DeWine said in the video.

Additionally, Attorney General Dave Yost released a legal analysis of the issue that said the amendment goes even further than past decisions, like Roe v. Wade and Planned Parenthood v. Casey, in its change to “reproductive decisions.”

Gallo said it is instead a recognition that it is difficult to legislate complex medical decisions. 

“It’s just not realistic to think that a policymaker could write a law that would accommodate any sort of exception that a person might require,” Gallo said. “People are complex, medical decisions are complex. You can predict that if we were to leave this up to a law to tell us when the person’s health is at risk, or when their life is at risk, you can predict that’ll lead to tragic circumstances.” 

Gallo said only one percent of abortions occur after 21 weeks, and in most cases, it is because of a patient’s medical circumstances. Ultimately, the decision is left in the hands of the doctor. 

“Doctors, even if they don’t have a legal [responsibility], they have a professional and ethical responsibility,” Gallo said. “You’re not going to find a doctor who is going to perform an abortion because the person wakes up on a whim at nine months and decides not to be pregnant. That doesn’t happen.” 

Gallo said there have also been concerns regarding minor access to abortion. The current protocol is to allow patients under 18 to have an abortion if they have parental or court consent. Because the amendment language uses the phrase “individual,” some opponents are concerned this would grant minors the same level of abortion access as adult patients. 

Overall, the amendment will provide greater and easier access to reproductive health care, guaranteeing that no bans could be placed on contraception, something Gallo said has been explored in the past by state legislators. The amendment will also make it easier for doctors to administer miscarriage care. 

Gallo said that under strict abortion laws, it is challenging for physicians to treat miscarriages adequately due to concerns surrounding fetal development. Treatment for a miscarriage requires a similar treatment for an abortion, according to Gallo, meaning physicians could be accused of administering an abortion rather than treating a miscarriage. 

To avoid harsh penalties, physicians have frequently erred on the side of caution, dismissing patients who needed care unless they could prove there was no fetal development. Gallo said there had been several known cases of this practice occurring during Ohio’s six-week ban on abortion last year, with one case making national news.

“In essence, what this amendment comes down to is, do you want your reproductive health care to be decided by a patient and their doctor, or do you think there is room for the state to be making decisions about that?” Gallo said. “Do you want a legislator making laws that your doctor has to follow in order to provide your care, or do you want your care to be based on evidence-based medicine?” 

Issue 2

Medical marijuana is legal in the state of Ohio, but Issue 2 seeks to legalize recreational marijuana through a statute. The statute is less fixed than the amendment for Issue 1, so if it is passed, the governor cannot veto it but the legislature can alter the statute. 

The statute would establish a government program dictating the buying, selling, growing and use of cannabis. Under the statute, adults may have 2.5 ounces of marijuana in any form on their person besides extract, which has a legal limit of 15 grams. Adults may grow up to six plants individually, and no more than 12 plants to a household if there are multiple adult residents. 

The statute also proposes a tax and licensing structure, two factors that play a role in the cost of cannabis products. A 10 percent excise tax would be placed on products in addition to Ohio’s sales tax, which is the same as Michigan’s, a state known for its cheaper cannabis product prices. The total tax would range from 15.25 to 17.25 percent, including sales tax and potential local tax. 

The licensing structure would be similar to Ohio’s medical marijuana program, offering licenses for cultivators, processors and dispensaries. The proposal does not establish a strict limit on how many licenses can be distributed; instead, Jana Hrdinová, the administrative director of the Drug Enforcement and Policy Center in the Ohio State Moritz College of Law, said the number of licenses distributed will be based on demand. 

“It should, in theory, prevent oversaturation of the market, which we saw in Michigan,” Hrdinová said. 

Though consumers enjoy oversaturation due to falling prices, many businesses in the cannabis industry begin to suffer as they’re forced to sell products near production cost. In Michigan, small and minority-owned businesses suffered the most in a market already seen to give major players an edge. 

To rectify this concern, the statute also creates the cannabis social equity and jobs program, which seeks to provide assistance to socially and economically disadvantaged adults interested in starting or working in the cannabis business. 

There are also concerns about legalizing recreational marijuana, which Hrdinová said largely stems from fear of increased traffic accidents, work-related accidents or increased youth use. The statute does outlaw operating a motor vehicle while under the influence, and employers are still allowed to prohibit adult use of cannabis. 

However, cannabis legalization is relatively new, with Colorado first legalizing the drug in 2012. Hrdinová said it is difficult to determine the exact community impacts of legalization, as there have been mixed research results reported by states. 

“We are only 11 years into [cannabis legalization], which is actually a really short time frame when it comes to research,” Hrdinová said. “The evidence is mixed on a lot of these issues, and we need to be cognizant of it.”