Results from Tuesday’s election had Issue 1 (Reproductive/Abortion Rights) passing by 13% with 56.6% voting for and 43.4% voting against. The issue passed in 25 counties in the state, largely urban, suburban, and exurban areas. In Central Ohio, the issue passed in Franklin, Delaware, Licking, Fairfield, and Union Counties.

Issue 2 (Adult Recreational Marijuana) results largely mirrored Issue 1, with a slight drop off in votes cast. 

Focus has now shifted to “what happens next”? And these conversations have both a political and policy orientation.

Issue 1 was a constitutional amendment. It takes effect in 30 days, on December 7. As a constitutional amendment, there is no single immediate mechanism that implements change as a result of the amendment. It appears there are 3 broad paths for possible next steps:

• The legislature could act - laws on the books would be re-evaluated and altered to meet the new constitution standard
• Lawsuits could be filed by parties who have to stand in order to prompt the courts to review and assess the constitutionality of specific provisions of current law
• Parties could go forth and engage in activity that they believe is now lawful, and would be calculating a constitutional defense should they be challenged on their activity

There is also a political component to consider, as opponents of Issue 1 have made public statements that they will be considering future referendum options, as well as new legislation. 

Issue 2, which also takes effect on December 7, is a little different in that it is not a constitutional amendment, but rather an initiated statute, or law. As such, the Ohio General

Assembly seemingly has the ability to pass new laws to alter this statute in any manner that it sees fit. There is a political calculation in making any change, given that voters passed this law by a nearly 14% margin.

It appears that the personal growth of limited marijuana plants for personal use becomes effective immediately on December 7. The larger retail sale process, the appropriate tax collection system, and other regulatory issues need to have rules adopted and the new law allows 9 months for this process. This would be September 7th, 2024. During any of this time, the legislature may amend the law, and there have been early statements from some lawmakers to expect some changes.

The bottom line is that more time will need to pass to see all the impacts of Tuesday’s election.