The political tug-of-war over Ohio’s cannabis laws has entered a new phase. ust weeks before stricter regulations were set to take effect, Ohio Attorney General Dave Yost approved the summary language for a referendum that seeks to overturn Senate Bill 56 (SB 56). This approval is a procedural victory for cannabis advocates and hemp retailers who argue the new law undermines the will of voters.
Governor Mike DeWine signed SB 56 into law in December 2025. The bill overhauls the state’s recreational marijuana program and effectively bans the sale of “intoxicating hemp” products outside of licensed dispensaries. However, a coalition known as Ohioans for Cannabis Choice is attempting to block the law’s implementation by putting the issue directly to voters on the November 2026 ballot.
With the Attorney General’s certification secured, activists can now start collecting the thousands of signatures needed to block the law’s execution.
The Attorney General’s Certification
On February 3, 2026, Attorney General Dave Yost certified the resubmitted petition, stating that the summary language provided by the group was a “fair and truthful” representation of the proposed measure.
This approval comes after a block in January, when Yost rejected the group’s initial submission. At that time, his office cited multiple “omissions and misstatements” that he argued would mislead potential signers regarding the scope of SB 56.
Yost noted that the rejected version defined “hemp” unclearly, made incorrect assertions about local taxation powers, and referenced felony disqualifications that the Governor had already vetoed.
In his certification letter to the petitioners, Yost clarified that his approval is strictly procedural. “My certification of the title and summary… should not be construed as an affirmation of the enforceability and constitutionality of the referendum petition,” Yost wrote.
His role is to ensure the summary language accurately reflects what the repeal would do so that voters can make an informed decision when asked to sign the petition.
What is Senate Bill 56?
To understand the referendum, one must understand what Senate Bill 56 changes. The General Assembly passed the legislation to “fix” the recreational marijuana statute that voters approved in 2023 (Issue 2). Governor DeWine and legislative leaders argued these changes were necessary to safeguard children and regulate a chaotic market.
However, the bill effectively rewrites several key components of Ohio’s cannabis landscape.
The Ban on “Intoxicating Hemp”
The most controversial aspect of SB 56 is the crackdown on hemp-derived products, such as Delta-8 THC. Currently, these products are widely available at gas stations, vape shops, and convenience stores.
Under SB 56, “intoxicating hemp”—defined by specific THC concentration levels—would be illegal to sell outside of state-licensed marijuana dispensaries. This provision threatens the business model of thousands of independent retailers who currently sell these products. The bill also caps the number of dispensaries statewide at 400.
Recriminalization and Restrictions
Beyond hemp, SB 56 imposes new restrictions on recreational marijuana users:
- Out-of-State Purchase Ban: The law criminalizes the possession of marijuana products purchased legally in other states. For example, bringing cannabis across the border from Michigan would become a punishable offense.
- Public Consumption: It explicitly bans smoking marijuana in public places.
- Packaging Requirements: Consumers must store marijuana products in their original packaging when not in use.
- Tenant Restrictions: The law allows landlords to prohibit tenants from vaping marijuana on rented property, even in outdoor areas like backyards.
Removal of Protections
Advocates for the referendum have also highlighted that SB 56 removes certain anti-discrimination protections included in the original voter-approved statute. These include protections related to organ transplant eligibility and child custody rights for lawful cannabis users.
The Arguments: Safety vs. Access
The battle over SB 56 has created a distinct divide in Ohio’s cannabis community, pitting independent hemp retailers and consumer advocates against state officials and licensed marijuana operators.
The Case for Repeal
Ohioans for Cannabis Choice describes SB 56 as “government overreach” that defies the 57% of Ohio voters who supported legalization in 2023 with the passing of Issue 3.
“We’re going to be hitting the streets, collecting signatures all across Ohio because people are angry and want to sign on the line to vote no on SB 56,” said Dennis Willard, spokesperson for the group.
The coalition argues that the law creates a monopoly for licensed dispensaries while destroying small businesses. They contend that banning Delta-8 products will force thousands of retailers to close and kill jobs across the state. Furthermore, they argue that recriminalizing possession and removing consumer protections rolls back the progress made by the 2023 legalization vote.
The Case for SB 56
On the other side, Governor DeWine and the Ohio Cannabis Coalition (OHCANN)—which represents licensed dispensaries and cultivators—argue the law is essential for public safety.
“The referendum campaign is not being driven by licensed cannabis businesses that brought Issue 2 to the ballot in 2023,” said David Bowling, executive director of OHCANN. “Instead, the campaign is being funded by intoxicating hemp interests that profit from the spread of misinformation.”
Proponents of the law argue that “intoxicating hemp” products are currently unregulated and often packaged to appeal to children. They argue that restricting sales to licensed dispensaries ensures that all products are tested, safe, and sold exclusively to adults 21 and older.
The Race for Signatures
With the AG’s approval secured, the clock is now ticking for the referendum organizers. To prevent SB 56 from taking effect, they face a steep uphill climb.
The group must collect approximately 248,000 valid signatures from registered Ohio voters. Organizers must gather signatures from at least 44 of Ohio’s 88 counties, not just one area, and meet specific thresholds in each.
The deadline is tight. The organizers must submit the signatures to the Secretary of State by mid-March, 90 days after filing the law.
If Ohioans for Cannabis Choice collect enough valid signatures by the deadline, the law will be paused. This will suspend Sections 1, 2, and 3 of SB 56, preventing them from taking effect in March as planned.
Instead, the law would remain in limbo until the November 2026 general election. At that point, Ohio voters would decide whether to approve the law (allowing it to take effect) or reject it (repealing it entirely).
If the group fails to gather the required signatures, SB 56 will become law in March. This will immediately change how Ohioans can sell and consume hemp and marijuana.
