COLUMBUS – Ohio cannabis advocates are renewing their push to put the state’s marijuana laws back before voters — this time aiming squarely at Senate Bill 56, the sweeping legislative overhaul that rewrote large portions of the adult-use cannabis framework Ohioans approved at the ballot box just two years ago.

The campaign, led by Ohio-based reform advocates, has filed revised referendum petition language after the state’s attorney general rejected an earlier version, saying the summary could mislead voters. If approved, the effort would launch a statewide signature drive to place the question on the November 2026 ballot, giving voters the chance to decide whether SB 56 should stand.

At stake is not only the future of Ohio’s cannabis market — but a broader debate over how far lawmakers can go in altering laws enacted directly by voters.

Voters Legalized Cannabis in 2023 — But Left the Door Open

In November 2023, Ohio voters approved Issue 2, a citizen-initiated statute that legalized adult-use recreational cannabis for adults 21 and older. The measure allowed possession, home cultivation within limits, and regulated commercial sales through licensed dispensaries.

Because Issue 2 was enacted as a statute rather than a constitutional amendment, it became state law — but not untouchable law.

Under Ohio’s Constitution, the General Assembly retains the authority to amend or repeal voter-approved statutes through subsequent legislation. That distinction proved critical.

Sales began in August 2024, but almost immediately after the election, Republican legislative leaders and Gov. Mike DeWine signaled they intended to revisit the law, arguing the voter initiative left gaps around regulation, public safety, and intoxicating hemp products.

SB 56: The Legislature Steps In

Those efforts culminated in Senate Bill 56, passed in late 2025 and signed into law by DeWine in December.

SB 56 represents one of the most significant legislative rewrites of a voter-approved marijuana law in the country. The bill:

  • Restructures how adult-use and medical cannabis are regulated

  • Redefines cannabis and hemp products, sharply limiting intoxicating hemp items

  • Channels THC-infused beverages and edibles into licensed marijuana dispensaries

  • Adds new restrictions on transport and possession, including penalties for bringing marijuana purchased out of state into Ohio

  • Revises local government authority and revenue distribution

  • Alters product labeling, testing, and compliance requirements

Supporters of SB 56 argue the changes were necessary to rein in what they describe as a loosely regulated market and to close loopholes around high-THC hemp products that proliferated after federal hemp legalization.

Opponents argue the bill goes far beyond technical fixes and instead undercuts core elements of what voters approved, effectively re-legislating Issue 2 without voter consent.

Why This Is Headed Toward a Referendum

Because Ohio law does not allow a referendum on laws passed directly by voters, advocates cannot challenge Issue 2 itself. But SB 56 — passed by the legislature — is eligible for referendum.

That procedural reality is driving the current campaign.

The group submitted an initial petition late last year, which was rejected by Ohio Attorney General Dave Yost, who said the summary contained omissions and misstatements. Under state law, petition sponsors were required to revise the language and resubmit at least 1,000 new signatures before proceeding.

The revised filing now clears the way — if approved — for a full statewide signature drive. To qualify for the 2026 ballot, the campaign must gather roughly 6% of the votes cast in the last gubernatorial election, with valid signatures from at least 44 of Ohio’s 88 counties.

If successful, the challenged portions of SB 56 would be suspended until voters render a final decision.

Legislature vs. Voters: The Bigger Fight

The clash highlights a recurring tension in Ohio politics: the balance between direct democracy and legislative authority.

Legal scholars note that while the General Assembly can amend voter-initiated statutes, courts have sometimes scrutinized whether changes merely “facilitate” implementation or materially undermine voter intent. That question has not been fully tested in Ohio courts for marijuana legalization.

For cannabis businesses, the uncertainty is already having real-world consequences. Operators must navigate shifting rules, revised product definitions, and evolving enforcement standards — all while facing the prospect that key provisions could be rolled back again if voters reject SB 56 in 2026.

For voters, the referendum represents a chance to weigh in on whether the legislature went too far — or whether SB 56 reflects necessary guardrails on a rapidly expanding market.

What Happens Next

The attorney general’s office must now approve the revised petition language before signature gathering can formally begin. From there, the campaign faces a compressed timeline to qualify for the ballot.

If the measure advances, Ohio’s cannabis debate — seemingly settled in 2023 — will return to center stage in 2026, this time framed not just around marijuana policy, but around who ultimately controls laws approved by voters.