This story is featured in CityBeat's Nov. 1 print edition.
Odd-numbered election years tend to be somewhat sleepy compared to higher-stakes even years, but 2023 is different. Voters in Ohio are being asked to decide on two long-standing moral issues: abortion and marijuana. While the great weed debate has burned on in recent years, November's abortion rights outcome will be of great consequence for the health and safety of millions of Ohioans. Issues 1 and 2, though contentious, have been somewhat eclipsed locally by the highly controversial Issue 22, the proposed sale of the Cincinnati Southern Railway. Continue reading for a breakdown of these and other issues in CityBeat's 2023 election guide.
Issue 1: The Constitutional Amendment to Protect Abortion Rights
BY MADELINE FENING
After Roe v. Wade was overturned in June 2022, Ohio’s six-week abortion ban went into effect for about 11 weeks until a Hamilton County judge put a temporary restraining order on the bill. While the “heartbeat” bill has been held up in court, abortion has been legal in Ohio up until 22 weeks gestation. On Nov. 7, Ohioans will vote on Issue 1, which seeks to protect an individual’s right to “make and carry out one’s own reproductive decisions.” The language of the amendment would include abortion, contraception, fertility treatments and miscarriage care. Enough “Yes” votes for Issue 1 would mean patients in Ohio and nearby states could seek out safe and effective abortion care within a standard window of time, but opponents of the amendment say the change would limit “parental rights” and allow abortion “up until the time of birth.”
According to the Ohio Department of Health, more than half of all induced abortions in 2022 involved pregnancies of less than nine weeks, or 66.5%. Approximately 22.5% of abortions in the state involved pregnancies of nine to 12 weeks. There were 235 abortions involving pregnancies of 19-20 weeks gestation, and 107 from 21 weeks on.
As was the case before the Dobbs decision, abortions would still be restricted after fetal viability if Issue 1 passes, which is about 24 weeks gestational age.
Speaking to the Ohio Capital Journal, Ohio House Rep. Anita Somani, a practicing OB-GYN for 31 years, said the late-term abortion argument is “simply lies.”
“The gestational ages they are referring to make up less than 1% of abortions and all of those are before 22 weeks, Somani said. “In fact, you won’t find data showing abortions after this age because those are deliveries and are recorded as such with birth or death certificates. If there is a birth defect that is incompatible with life or a maternal condition that is life-threatening, labor is induced and the child is then given comfort care. If the child is viable (i.e., after 24 weeks) neonatal care is provided."
Protect Women Ohio is heading the opposition against Issue 1. The group is a coalition of people and organizations, according to its website, though no names are identified. Ohio Right to Life, the state’s largest anti-abortion religious lobbying group, routinely focuses on “late-term” abortions in its campaign against Issue 1.
“Abortion would be legal through all 9 months of pregnancy. Physicians at an abortion clinic could use a woman’s age or emotional well-being as a reason to perform an abortion in the 3rd trimester,” the group writes.
If Ohio rejects Issue 1, it is likely that a six-week ban on abortion care could be reinstated, which is before most people know they are pregnant.
Breaking Down the "Parental Rights" Argument Against Ohio's Abortion Amendment
“Are you a boy or a girl?”
Larkin Overton was climbing a tree at Hoffner Park in Northside as a young kid when he first heard this question.
He stared back at the curious peer, unsure of what the question even meant. He answered back with the only truth he knew at the time.
“I’m Larkin.”
Larkin, 17, and his parents have traveled a long, winding journey since the world first asked Larkin to define his gender. His dad, Andy Overton, told CityBeat he and his wife never really emphasized gender roles to their kids, but they respected their kid’s wishes to define gender for themselves.
“A kid’s a kid. If it makes them happier, if it makes their life somewhat easier, if it makes them feel better and makes them not want to kill themselves, why would you not do that?” Andy said.
Andy is referring to gender-affirming care, an umbrella of evidence-based mental health and medical services that helps a person transition from their gender assigned at birth to the gender by which they want to be known.
For children and teens, gender-affirming care focuses on mental health therapy and sometimes hormone therapy. This can come in the form of puberty blockers, a medicine that delays the start of puberty, or hormones, which are used to change an individual’s body to be more consistent with their gender identity.
While the practice is generally considered safe and effective for youth, railing against gender-affirming care has become a major talking point for Republicans in Ohio who want to defeat a November ballot question that would amend the Ohio Constitution to protect reproductive rights in the state.
The proposed amendment was crafted to protect the right to abortion care, but opponents say the amendment’s language opens the door for minors to access gender-affirming care and abortions without parental consent.
In fact, Ohio Right to Life, the state’s biggest anti-abortion group, lists the threat of limiting “parental rights” first in their campaign materials railing against the amendment.
“The initiative's language uses the legal term 'individual,' which does not differentiate between adults and minors. An 'individual' legally refers to citizens of all ages - nullifying parents' rights to stop their children from making harmful decisions,” Ohio Right to Life writes.
Ohio Secretary of State Frank LaRose, who holds a seat that is meant to be non-partisan, has been pushing the same view.
“The goal of the radical anti-parent abortion amendment (Issue 1) is to hand parental rights over to the state as it relates to our children's life-changing medical decisions,” LaRose said on X (formerly Twitter).
Even the Archbishop for Cincinnati’s Archdiocese, Rev. Dennis Schnurr, has promoted the repeatedly debunked idea that parents will have limited rights to dictate their child’s healthcare if abortion rights are protected in the state.
“The vague language in the amendment opens the door to anyone under 18 having an abortion, or even beginning cross-sex hormone treatment, without parental consent or notification,” Schnurr said. “Some may insist that the Catholic Church should not be involved in politics. However, the defense of life and care for women compels our participation in this critical moral issue.”
Debunking the same claims over and over
Children below the age of 18 already can’t access abortions without parental consent in the state of Ohio. The only way for a minor to access without parental permission is to be granted a judicial bypass to waive the requirement.
Planned Parenthood of Greater Cincinnati told CityBeat in an emailed statement that Title X allows minors to access confidential reproductive and sexual health care, but abortion services still require parental permission.
Even still, Planned Parenthood does not provide any gender-affirming services to minors.
“For all gender-affirming hormone therapy services, however, we only provide care to adults,” the organization wrote.
The claims that children will be able to immediately begin to access gender-affirming care if the abortion amendment passes have been debunked repeatedly in dozens of media reports and Statehouse hearings.
Physicians have repeatedly asserted that minors don’t even have surgery as an option when discussing gender-affirming care and that hormone therapy requires parental consent. Speaking to the Associated Press, Tracy Thomas, a University of Akron law professor who directs the school’s Center for Constitutional Law, called the claim a “straw argument.”
“Children do have constitutional rights, but we have lots of examples in the law, both state and federal, where these children’s rights are limited,” Thomas told the AP. “Marriage is a good example.”
Ohio's existing parental consent law states, according to the Ohio Bar Association, that "people under age 18 (minors) must have the consent of a parent or guardian before receiving medical care." Exceptions are limited but include emancipated minors and minors who are in need of emergency treatment.
For these laws to be overturned, Ohio’s parental consent law would have to be challenged in court and struck down by the state’s conservative majority Supreme Court.
Andy Overton told CityBeat the argument is rooted in transphobia, which is rooted in a misunderstanding of what the journey to gender-affirming care even looks like, especially for kids.
“I think these people all think your kid is just going to come to you and be like, ‘I’m transgender’ and then you throw them on the bus to the hospital and they go cutting you up," Andy said. "It’s not like that.”
Gender-affirming care in practice
Larkin’s parents may be the gatekeepers to his gender-affirming care, but they’ve gladly walked hand-in-hand with him throughout his long transition journey.
“When we went in there, my wife and I were very much like, ‘Yeah, our kid’s great and this is his deal,’ and you kind of got the vibe that not every parent’s like that,” Andy said.
“There” for Larkin and his parents was the Transgender Health Clinic at the Cincinnati Children’s Medical Center. Children’s declined to comment on their clinic for this story, but Larkin’s experience paints a picture of the lengthy steps families must take to get to the point where their child is taking hormones.
“It wasn’t an overnight thing,” Andy said.
In order to get a consultation at Children’s Transgender Health Clinic, the child patient needs to have a referral from a therapist who has treated that patient for at least a year. In Larkin’s case, he had been in therapy for more than a year already, and he had begun the process of transitioning socially before that.
“This is not a flip-of-the-switch thing. [Larkin] came to us at 13, said he wanted to go by different pronouns, we said, ‘Great!’ Did that for literally four years before he even got in and started taking T,” Andy said.
“T” refers to testosterone, the hormone Larkin eventually was approved to begin self-administering in order to begin physically transitioning his gender.
“Patients, their families, and the treatment team all need to agree that this is the appropriate next step if the patient is under 18 years old,” Children’s writes on their website.
A family of care
That team-oriented approach to gender-affirming care for youth is intentional, and another layer of parental involvement in making the decision to allow their kid to begin physically transitioning. Larkin’s mom, Elizabeth Overton, said Children’s made it clear support from the family as a whole was needed in order for Larkin to move forward.
“A big part is familial support, so they look at your family as a whole,” Elizabeth said. “They’re wanting to make sure that everyone is taken care of, like do the parents need support in some way? Is there something they can demystify about whatever they’ve learned about transgender care? Things like that.”
Larkin has been on testosterone for about nine months now. He said the most noticeable differences have been a lower voice and more defined facial features.
“Even the fat in your body starts to rearrange differently,” he said.
Children’s website says the effects of these medications are only “partially reversible,” but that doesn’t scare Larkin.
“I’ve already gone through puberty, I’ve already done something irreversible,” he said. “There’s so much to lose if you don’t, and so much to gain if you do.”
Hamilton County Elections Officials: "CHOOSE LIFE" Signs are Campaign Signs on Nov. 7
The white and black “CHOOSE LIFE” signs that have dotted countless Cincinnati yards, fences and windows for years will now be considered official campaign signage during the Nov. 7 election.
Alex Linser, deputy director of elections for the Hamilton County Board of Elections (BOE) told CityBeat that, like any campaign signage, “CHOOSE LIFE” signs will need to remain at least 100 feet from polling place entrances come Nov. 7, including the dozens of churches that double as polling locations.
“The rule is that a sign is a campaign sign or campaign paraphernalia when it is advocating for or against a candidate or issue that is currently on the ballot,” Linser told CityBeat. “With a constitutional amendment about abortion on the ballot, I have a hard time understanding how a ‘CHOOSE LIFE’ sign could be anything other than a political statement.”
Why now?
Ohio voters will vote “Yes” or “No” on a constitutional amendment regarding reproductive health on Nov. 7. The amendment, titled “The Right to Reproductive Freedom With Protections for Health and Safety,” would protect a patient’s right to get an abortion before fetal viability, or when a fetus has a “significant likelihood of survival outside the uterus with reasonable measures.” Post-viability abortions, which are already extremely rare, could still take place if the pregnant patient’s physician believes it’s necessary to protect the life of their patient. Abortion access has been in flux in Ohio and across the country since the United States Supreme Court overturned Roe v. Wade in June 2022.
Where do all the “CHOOSE LIFE” signs come from?
The “CHOOSE LIFE” signs may pop up in some neighborhoods more than others, but they’re ubiquitous in Cincinnati – displayed prominently on the fences of Elder and Seton High Schools, zip-tied to light poles outside some gas stations, and a large version of the sign hangs on the side of Downtown’s Cathedral Basilica of St. Peter in Chains.
There’s little variation to the signs seen around town; that’s because they’re mostly coming from one place.
Cincinnati Right to Life, a former partner of the anti-abortion Ohio Right to Life organization, distributes the “CHOOSE LIFE” signs for free from their North College Hill office on Galbraith Road. Cincinnati Right to Life is a member organization of The Right to Life Action Coalition of Ohio, a political advocacy group that Cincinnati Right to Life formed in 2017 that promotes "pro-life" political candidates and legislation.
Laura Strietmann, executive director of Cincinnati Right to Life, declined to tell CityBeat how many signs their office routinely passes out.
“I would never share how busy our office is peacefully and legally promoting the protection of pre-born people,” Strietmann told CityBeat.
She also said the organization doesn't know exactly how or when the Cincinnati Right to Life’s “CHOOSE LIFE” sign campaign started in Cincinnati.
“No one can quite recall the exact origin of the movement of the signs and how and who began printing them or how many,” Strietmann said. “It is just part of the fabric of the pro-life movement and has been for many years.”
The Catholic component
A longtime power figure in that local movement is the Archdiocese of Cincinnati, which is Cincinnati’s network of Catholic churches. Cincinnati’s Archbishop, Rev. Dennis Schnurr, has been actively campaigning against the November abortion amendment.
“Ohio does not need a constitutional amendment that only perpetuates violence and a culture of death. I urge Catholics and all people of goodwill to pray earnestly for the defeat of this extreme amendment; to educate yourselves and your family and friends about the dangers of the proposed amendment; and to vote NO on November 7,” Schnurr wrote in an Aug. 12 press release.
The Archbishop goes on to echo the repeatedly debunked arguments of “Protect Women Ohio,” an anti-abortion organization campaigning for “No” votes this November, specifically about “parental rights.”
“The vague language in the amendment opens the door to anyone under 18 having an abortion, or even beginning cross-sex hormone treatment, without parental consent or notification,” Shnurr said. “Some may insist that the Catholic Church should not be involved in politics. However, the defense of life and care for women compels our participation in this critical moral issue.”
A spokesperson for the Archdiocese of Cincinnati told CityBeat the “CHOOSE LIFE” signs aren’t campaign signs, and that Catholic churches and schools will continue to sport them on election day.
“There are no plans to remove the “CHOOSE LIFE” signs from polling locations on Nov. 7,” said Jennifer Schack, director of media relations for the Archdiocese of Cincinnati. “The Catholic Church will always work to uphold the dignity of all human life, this includes supporting women and families in need of help and being the voice of the unborn child encouraging all to choose life.”
When asked if the BOE plans to tell polling locations they cannot place “CHOOSE LIFE” signs within 100 feet of polling location entrances on Nov.7, Linser said it’s in the works.
“Yes. We are working on that,” Linser told CityBeat. “We are working on a communication to our polling locations to just remind them of these rules as we anticipate a lot of questions about it this November.”
Once CityBeat relayed Linser’s statement on the “CHOOSE LIFE” signs to Schack, she said, “Leadership at the pastoral center is researching the requirements of state law to ensure adherence at all of our institutions that are polling locations.”
Religious polling locations by the numbers
When analyzing the BOE list of polling places, CityBeat found nearly half of all polling locations in Hamilton County are religiously based.
Of the 296 polling locations in Hamilton County, 138 are churches or private religious schools, and 21 of those are listed online as Catholic.
Not all churches in Cincinnati have a “CHOOSE LIFE” sign on their property – several denominations of Christianity view abortion as a choice made by the pregnant person, and much of the Jewish faith believes life begins at first breath.
Linser said the reason so many polling locations are churches is because of the long list of requirements polling locations need to fulfill.
“We need a little over 300 polling locations in each county,” Lisner said. “There are a series of requirements that we need to make sure those buildings have sufficient parking, that there is a big enough space to hold the voting equipment and for the voters to be able to get in and get out easily. And those buildings have to be compliant with the Americans for Disabilities Act. So finding a facility essentially in every neighborhood in Hamilton County that meets those requirements, means that a lot of times a church or religious building is going to be the only building in the area that hits those key requirements.”
Campaigning around the 100-foot rule
Just because the “CHOOSE LIFE” signs will be considered campaign signs on Nov. 7 doesn’t mean they can’t be on display at polling places; there are just limits as to where anti-abortion advocates can plant them in the ground.
“Ohio law prohibits political campaigning within 100 feet of the entrance of a polling location,” Linser told CityBeat. “The voters must be able to come and go without any campaigning or interference.”
The 100-foot rule applies to anything campaign-related: signs, protesters, even a voter wearing a button in support of their issue or candidate will be asked to cover it up while voting. If a campaigner steps within 100 feet of the polling location entrance, or if a sign is left within that 100 feet, an elections official will ask them to move.
“When those buildings are serving as polling locations, they are serving a public function, and it’s really important that any citizen who wants to engage in political campaigning is able to exercise their free speech rights without harassment,” Linser said. “It is our responsibility as the Board of Elections to enforce that 100-foot rule. Our poll workers are the first line in enforcing that. So, if they see someone campaigning in the electioneering zone, they will ask them to move.”
Preparing for a big election
With abortion and recreational marijuana on the Nov. 7 ballot, Linser said the BOE is preparing for a big turnout, and potentially more campaigning than usual.
“We know that issues really motivate voters to turn out. And these are two highly controversial issues that a lot of voters have passionate opinions about,” Linser said. “We are planning for a very high turnout this November. Normally in odd-numbered years when it’s municipal elections, we don’t see a lot of voter participation, but we’re treating this like an even-numbered year in terms of what we’re planning for.”
Linser said the Hamilton County BOE is in need of more poll workers in order to pull off a smooth and successful Nov. 7 election. Some of those poll workers are known as “troubleshooters” who are specially trained to de-escalate conflict at polling locations.
“It’s pretty common for us to receive a call on election day that there is a dispute over where campaigners can stand outside the polling location,” he said. “We’ll send a troubleshooter out there, they have a tape measure, they will measure 100 feet from the door, they will make a definitive ruling over where the campaigners can stand. They’ll talk to all the parties there to make sure they all agree on what the rule requires. They’re trained on de-escalating conflict.”
Just because there are rules about where people can campaign outside of polling locations doesn’t mean you can’t stump for your cause or candidate publicly, including at polling locations on private properties. Linser said it’s important to remember this ahead of an election with heightened emotions.
“I do expect it will be more controversial in November,” he said. “Campaigning is a part of the democratic process and we have always asked our polling locations, especially the ones that are on private property, on the days when they are serving as polling locations, they’re serving a public function to facilitate democracy. We ask them that they treat all campaigners the same. We cannot be in the business of deciding who gets to exercise their free speech rights and who does not.”
Issue 2: Legalizing Recreational Marijuana in Ohio
BY MADELINE FENING
The Coalition to Regulate Marijuana Like Alcohol successfully brought Issue 2 to the November ballot thanks to a successful state-wide signature collection campaign. Ohioans will vote “Yes” or “No” to legalizing and regulating the cultivation, manufacturing, testing and sale of marijuana to Ohioans 21 and older. The law would impose a 10% point of sale tax for each transaction and legalize home growing with a limit of six plants per person and 12 plants per residence.
The tax dollars from legalizing adult-use cannabis would be divided into four categories:
- 3% towards general administrative costs
- 25% towards substance abuse and addiction fund
- 36% towards local community a fund to disperse the money to communities that have adult-use dispensaries
- 36% towards a social equity and jobs program fund
Issue 2 would establish the Division of Cannabis Control within the Department of Commerce which would “regulate, investigate, and penalize adult-use cannabis operators, adult-use testing laboratories and individuals required to be licensed.” Employers and landlords would still have the legal authority to drug test or prohibit use of cannabis in certain circumstances.
What to Expect When Getting Pulled Over in a Weed-Legal Ohio
As Ohioans decide how they will vote on Issue 2 on Nov. 7, which could legalize recreational marijuana in the state, officers may need to prepare for an influx of impaired drivers who cannot be tested with a breathalyzer.
Opponents of Issue 2 claim that, in addition to reasons like risks to children and workplace safety, legalizing marijuana recreationally would lead to a spike in traffic-related crashes and fatalities. Among those opposed are the Ohio Association of Chiefs of Police and the Fraternal Order of Police of Ohio.
Hamilton County Sheriff Charmaine McGuffey is taking a neutral stance on the issue.
"If a majority of Ohio voters decide to change the law, I will enforce that law," she told CityBeat. "This ballot issue will not change the law as it applies to anyone under the age of 21. It will not change the way my office enforces the law as to those under 21 in our communities. I respect the judgment of Ohio voters whether to give this additional individual right. I will abide by their judgment.”
Fraternal Order of Police of Ohio president Gary Wolske has echoed crash projections cited by the anti-Issue 2 group Protect Ohio Workers & Families, saying risking lives for the sake of legal marijuana is “cruel and unthinkable.”
The 10-year data, which comes from the Insurance Institute for Highway Safety, says death rates increased 4.1% and injury rates by 5.8% in states where marijuana was legalized for adult use. Protect Ohio Workers & Families applied this rate to crash statistics from the Ohio Department of Public Safety, projecting that Ohio could see 48 more fatal car crashes and 2,298 more injury crashes annually should Issue 2 pass.
Tom Haren, spokesperson for the Coalition to Regulate Marijuana Like Alcohol, the group behind the push to pass Issue 2, said that drawing a direct line between cannabis legalization and crashes is misleading.
“We know that marijuana stays in your system for several days, if not weeks, so if somebody has a cannabis edible on Wednesday and they get into a fender bender on Saturday, no rational person will say, ‘You know what caused that traffic crash? It was the gummy that you had three and a half days ago,'” Haren said during an Oct. 4 Issue 2 forum.
Driving while high
CityBeat sat down with members of the Hamilton County Sheriff’s Department to discuss how deputies determine a driver is under the influence of marijuana.
“The thing that we lose with the marijuana is the breathalyzer,” said Corporal Tim Maddy of the Hamilton County Sheriff’s Department.
Still, Sergeant Kevin Bley said there is broad overlap in the steps to identify a drunk versus stoned driver.
“It really is the same as if someone is driving under the influence of alcohol,” Bley said. “Marked lanes, if you get behind somebody we’re looking for the same cues. If they’re involved in an automobile crash, weaving, not maintaining their lane.”
Maddy said officers in the Ohio Peace Officer Training Academy go through training to conduct Operating a Vehicle while Impaired (OVI) traffic stops, but because marijuana is not broadly legalized in Ohio, the test subjects can only be drunk.
“They hold an actual course where they’ll bring people in. Obviously we don’t do marijuana, but we’ll have some people that are under the influence of alcohol and some people that are not, and these guys go through a full field sobriety test to see if they would arrest them or not,” Maddy said.
Officers get their training on identifying drivers who are potentially on drugs through an additional course, known as Advanced Roadside Impaired Driving Enforcement (ARIDE).
Bley and Maddy stress the importance of taking in as many factors as possible when determining if someone has committed an OVI violation, but they said the “lack of convergence” test taught in ARIDE can uniquely identify a driver who is stoned.
Lack of convergence basically tests the driver’s ability to cross their eyes when focusing on an object placed near the bridge of their nose.
“We’ll do a circle,” Maddy said while gesturing with his pen, then pushing the pen forward, “at that point, one eye will come in and the other eye does not have the strength to come in, it’ll usually fall out and point out somewhere else which shows us they are under the influence of marijuana.”
Once an officer has enough probable cause to make an OVI arrest, Maddy said they may ask the driver to perform a breathalyzer test or blood or urine test back at the department; Hamilton County deputies do not typically administer these tests roadside.
Blood and urine tests
Blood and urine are the only ways police can scientifically prove there is marijuana in someone’s system. Corporal Kirk Caruso said state law does not require a warrant for a sample of either.
“When you go to get your driver’s license, you sign an implied consent form,” said Caruso. “If you refuse to give a breath test or a urine sample or something like that at the direction of an officer, that’s what you’re signing when you go to get your driver’s license.”
Maddy said, while the department is protected by Ohio law to force a sample, the Hamilton County department always gets a warrant first.
“We have never forced anyone,” Maddy said. “If it’s an exigent situation where they’ve caused serious injuries, yes, we could get a search warrant, but we have to have probable cause to write that search warrant and have a judge sign it to either draw the blood or get the blood from the hospital they were transported to.”
Because marijuana can stay in your system for days or weeks, depending on how often you consume, officers refer to a marijuana metabolite chart in the Ohio Revised Code.
“Our lab tests blood, and they can give you a per se level, and it’s testing for what’s most recent. They do have a way of knowing what was most recently ingested compared to what’s been just lingering.”
A lawyer objects
Robert Healey, an attorney who specializes in OVI cases with the Minnillo Law Group in the greater Cincinnati area, told CityBeat he has a problem with the legislature’s threshold for marijuana metabolites.
“They have prohibitive limits for marijuana metabolites in your system, and if you smoke regularly you’re going to be over the limit,” he said. “You could smoke yesterday, you are not under the influence of marijuana, but those metabolites are in your system and the legislature says that’s operating a vehicle under the influence. I have a problem with that.”
While the majority of Healey’s OVI cases are in relation to alcohol, the metabolites test is why Healey said he would caution someone who is being asked to consent to a blood or urine test simply for suspicion of driving under the influence of marijuana.
“The landscape, even as it is right now on the subject, I think would encourage me to tell people to refuse,” he said.
But refusing a test comes with major risks. Healey said drivers often say yes to a test because they can get a lighter punishment for driving under the influence than not consenting to a test at all.
“They incentivize people to take the test by reading them a form when they’re first arrested saying that, on a first offense, if you refuse the test, it’s a one-year suspension administratively from the BMV. If you take the test and test under the legal limit, they don’t suspend you at all. If you take the test and test over the legal limit, it’s a 90-day suspension,” Healey said. “In the case of marijuana, if they think you’re under the influence, then they would ask for urine and you would either consent to that urine screen or refuse it, same thing applies.”
Healey said Ohio OVI law still hasn’t caught up to the legalization of medical cannabis in the state. He offered an example of a case where a client was charged with an OVI for driving while over the legal limit of amphetamines in their system. Some of the charges could be resolved in court because the driver was taking the amphetamines as prescribed by their doctor. But with marijuana, Healy said the “water gets muddy,” even in a state that legalized it medically.
“It is not a prescription,” Healey said. “Ohio’s recognized that it may have legitimate medical purposes, but they don’t prescribe it, they recommend it. You don’t get it from a pharmacy, you get it from a dispensary. The law hasn’t caught up with how to deal with that quite yet. There’s not a lot of law surrounding marijuana being in people’s systems in Ohio.”
Even still, Healey said Ohio doesn’t deal with a lot of OVI cases related to marijuana. He doesn’t think that’s going to change much, even if Issue 2 passes in November.
“If they made it recreational where everybody could go get it and smoke it, I don’t think it would really change the landscape of what we’re dealing with. People that wanted to smoke marijuana did, regardless of what the law was,” Healey said.
Who Will Get to Sell Recreational Marijuana if Issue 2 Passes?
The citizen-initiated ballot measure to legalize recreational marijuana, known as Issue 2, would allow adults to buy and grow their own marijuana for personal use, with restrictions.
Growing at home could only be for personal use – there’s no legal option to sell any of the permitted six home-grown and cultivated plants. Those who want to legally sell in the state will need to get one of the limited number of licenses that will become available should Issue 2 pass, and many are already spoken for.
Medical dispensaries get first dibs
According to the Issue 2 ballot text, existing medical cultivators and dispensaries will be the first to receive adult-use recreational licenses within nine months of the law being passed, assuming they fit all requirements. The law legalizing recreational marijuana in Ohio, should the ballot measure pass, will go into effect 30 days after the Nov. 7 election. Cultivators and dispensaries would also have the opportunity to expand their current operations, depending on their size.
Ohio currently has 104 active certificates of operation for medical dispensaries, according to the Ohio Medical Marijuana Control Program.
Additional licenses won’t be doled out by the state until two years after the law takes effect, according to the law’s text.
The owner of the Cincinnati-based hemp delivery service “It’s Not Weed” is one of those hopeful purveyors.
While the products It’s Not Weed sells are totally legal, its owner, we’ll call him John, requested anonymity for this story.
“We call ourselves a recreational dispensary but we most closely resemble the hemp shops you see around town,” John said. “We’ve been in business for just over a year, and the products we sell – most of which are intoxicating, some of which are not – are all federally and statewide considered hemp.”
Minor cannabinoids, major benefits
It’s Not Weed offers CBD flower, Delta 8 flower and handfuls of other cannabinoids that, when tailored to the needs of the user, can be just as effective as marijuana.
“We sell edibles which are pretty much indistinguishable from what you’d drive across the border to Michigan to buy,” he said. “I’ve spoken to a handful of friends and customers who literally are looking for particular cannabinoids. I do have people who prefer these mixed-type flowers as well.”
The legal limitations of not being allowed to sell straight-up marijuana have allowed John to specialize in these minor cannabinoids, which he said have a valuable place behind a dispensary counter.
“Some are being studied for things like ADHD. There’s several others that help with other things too,” he said.
During a recent trip to Canada to visit friends, John said he visited a large dispensary out of professional curiosity.
“I was surprised to see that they don’t have anything that contains these more minor cannabinoids,” John said. “We actually offer a wider variety as a one-year-old company with a limited budget.”
Marijuana users who are seeking specific therapeutic qualities, or even first-time users, may need more options, according to John. He said an in-depth consultation about what the user is looking for may also be lost in these big-box dispensaries.
“Some people, especially these bigger-tier businesses, want to run the best cash flow they can get and they want efficiency,” he said. “There’s a lot of things that will suffer under that from that perspective.”
The push to pivot
While John's encyclopedic knowledge of the hemp spectrum is beneficial to those who aren't looking for marijuana, he said It's Not Weed was started with the intent of being in place if and when recreational marijuana were to be legalized in Ohio.
"I would like to pivot towards the recreational legal market,” he said.
But John worries that smaller hemp businesses like his won't be able to expand their operation to include marijuana when the fight for licenses begins.
“My fear is the private interests with lots of capital will take all the control,” he said. “It will be hard for someone like me, being in operations for a year with lots of experience in business and degrees to back it up, to enter that market and be able to survive in that market against these multi-state hundred million dollar companies like Verilife.”
Issue 22: The Proposed Sale of The Cincinnati Southern Railway to Norfolk Southern
BY MADELINE FENING
On Nov. 7, Cincinnati voters will decide whether or not to sell the Cincinnati Southern Railway (CSR) to the rail company Norfolk Southern in exchange for a $1.6 billion trust fund to shore up basic services for the city.
The CSR is a single rail line that starts in Cincinnati and ends in Chattanooga that the city leases to Norfolk Southern for $25 million a year. The 336-mile commercial freight railway is the only city-owned multi-state railway in the country. The first lease agreement with Cincinnati, New Orleans and Texas Pacific Railway (CNO&TP) was signed in 1881 and has been renewed on a 25-year cycle ever since (CNO&TP is now a subsidiary of Norfolk Southern). As the latest lease agreement turns 25, city leaders want Cincinnati voters to sell their railroad rather than renew its lease.
The city estimates it would see an annual return on the investment ranging from $50 million to $70 million, almost three times what the city earns from leasing the railroad to Norfolk Southern now. A five-person CSR board of trustees, which is appointed by the sitting mayor and approved by council, began lease and sale negotiations with Norfolk Southern in 2020, according to the board. Legally, earnings from the sale could only be spent on maintaining existing city facilities like roads, rec centers and fire stations, which city leaders say is crucial given the city's $300 million deficit.
If Cincinnati votes down the sale, Norfolk Southern will still be on the CSR tracks for at least another 25 years. After that, Mayor Aftab Pureval said it won’t be up to the city or Norfolk Southern to decide how much the line is worth.
“It would be whatever the third-party arbitrator decides,” Pureval told CityBeat in June. “It would be much less compared to a sale. There’s a certain amount of risk involved in letting it go to a third-party arbitrator because we don’t know what they’re going to decide, but we know that it won’t be $50-70 million a year, which is conservatively what we would get with the sale of the railroad.”
Save Our Rail, an anti-Issue 22 political action committee, believes the railroad has been undervalued. Instead of a sale, organizers want to see a higher lease amount while borrowing against the CSR’s value to free up funds for the city’s immediate infrastructure needs.
“When we maintain ownership of the line it increases in value, and currently the industry is projected to gain 7.5%/yr. Why not renegotiate for better terms?” reads the organization’s website.
According to the board, the highest possible lease Norfolk Southern was willing to pay was $37.3 in April 2022; the city was asking for $65 million.
But finances are a secondary concern to many voters who see retaining the railroad as critical to local safety. The proposed sale comes at a time of heightened public awareness of the sins of its buyer, Norfolk Southern. A train belonging to the rail behemoth derailed in East Palestine, a small Eastern Ohio village near the Pennsylvania border, on Feb. 3. The crash ignited a chain of events that ended in a controlled burn of the train’s toxic load of chemicals, including butyl acrylate, vinyl chloride, ethylene glycol monobutyl ether and ethylhexyl acrylate. The colorless vinyl chloride has been associated with an increased risk of liver cancer and other cancers, according to the federal government’s National Cancer Institute. More than half of the small town is reportedly afraid to drink its own tap water to this day.
Voters have raised concerns about future safety if the city relinquishes ownership of its railway to the company that caused the fiery explosion in East Palestine. Organizers from Derail the Sale, a group stumping for “No” votes on Issue 22, told CityBeat they visited East Palestine after the Feb. 3 disaster.
“A group of us went and visited East Palestine in hopes to talk to neighbors there, see how we could be helpful, and we ended up joining a community meeting there where there was standing room only,” said Abby Friend of Derail the Sale. “It was just really eye-opening and terrifying and shocking and heartbreaking to see the residents of East Palestine being impacted and not having answers.”
On Oct. 5, the Unity Council for the East Palestine Train Derailment, a council representing East Palestine residents, urged Cincinnati residents to vote “No” on Issue 22.
“Do not make the same mistakes our community did and ignore the dangers associated with railways,” the Council said in an open letter. “Open your eyes, look around you, research the facts.”
But in a June interview with CityBeat, Mayor Aftab Pureval said there’s nothing Cincinnati could do to make Norfolk Southern clean up its act by retaining ownership of the railroad.
“The federal government has exclusive control over managing and regulating the railroad. Even though we currently own the railroad, we have no power to regulate what goes on the rails. We have no power to require rail companies to give us a heads up when they’re transporting hazardous material,” Pureval said. “So, even if we don’t sell the railroad, we’d have no power to prevent something like East Palestine from happening in Cincinnati. Only the federal government has that power.”
East Palestine did push some in Washington into high gear, like Sen. J.D. Vance (R-OH) and Sen. Sherrod Brown (D-OH). Vance and Brown co-authored the Railway Safety Act, which was designed to improve safety standards for rail giants like Norfolk Southern when carrying loads of hazardous chemicals. The Railway Safety Act is awaiting a vote on the Senate floor.
Because the funds from the sale are supposed to be appropriated for existing infrastructure needs – think potholes, aging fire stations, energy-inefficient city buildings, etc. – CityBeat asked Pureval to paint a picture of what he thought Cincinnati would look like without the passage of Issue 22.
“Roads will no longer be able to be paved with regularity, potholes will continue to be a challenge,” Pureval said. “We wouldn’t be able to remove snow effectively and quickly. We’ll have to downsize the number of fire stations and police stations we have, which will have an impact on safety. We won’t be able to maintain the parks we have in our community.”
Derail the Sale said it’s willing to take that risk should Issue 22 fail, saying leaders need to figure out how to keep the CSR and maintain the city.
"They're looking at our [railroad] as something we can just toss out the door instead of sitting down and finding creative solutions to some of our problems," Friend said.
Issue 24: Cincinnati’s Affordable Housing Tax Amendment
BY KATHERINE BARRIER
On Tuesday, Nov. 7, Ohio voters will get to decide the fate of several major issues in the state, ranging from protecting reproductive health care rights to legalizing recreational marijuana. In Cincinnati, amid an affordable housing shortage and sharp rent increases, a battle to fund affordable housing initiatives will play out with Issue 24.
A majority “Yes” vote for Issue 24 would mean changing the city’s charter to increase the city income and withholding tax from 1.8% to 2.1% — a 0.3% increase. Revenue gained from the increase would be placed in a special revenue fund used for affordable housing projects and assistance to those making a certain percentage of the area median income (AMI).
According to Issue 24 sponsor Cincinnati Action for Housing Now, the amendment would guarantee at least 65% of the fund would go toward creating or preserving housing units that are affordable to families making up to 30% of the AMI. That means households making around $30,000 a year or less would qualify for this assistance.
Cincinnati Action For Housing Now also says one in three renting households in the city falls in this range, and a two-bedroom apartment (plus utilities) in this range would cost no more than $645 a month.
Another 30% of the fund could be used for several purposes:
- Creating or preserving housing units for those making up to 50% of the AMI (around $50,000 a year)
- Providing services to low-income households to help decrease the impact of losing housing or to help families stay in their homes
- Providing homeownership opportunities, including down payment assistance, mortgages, loans, financial counseling and construction loans, to households making up to 80% of the AMI
The final 5% would be used for the fund’s administrative costs, as well as the cost of administering the fund in consultation with a board of 11 city residents.
Cincinnati Action For Housing Now says Issue 24 would restore the city’s income tax to its pre-2020 level and generate revenue between $40 million and $50 million a year. The cost to most households, they say, would be less than $11 a month.
Opponents of Issue 24, however, such as the Realtor Alliance of Greater Cincinnati (RAGC), say the tax increase will place a heavier burden on Cincinnati homeowners and residents who have recently been assessed with a double-digit increase in property valuations and will see their property taxes increase. Further, they argue Issue 24 is a simplistic solution to a complex problem that doesn’t address the underlying barriers to affordable housing.
“We are dedicated to contributing to an inclusive conversation about affordable housing in Cincinnati,” Anne Uchtman, president of the RAGC Board of Directors, said in a press release. “Our opposition to this amendment comes from a place of deep understanding of the local housing market and a firm belief in policies that are equitable, thoughtful, and effective in addressing the needs of all residents.”
But Cincinnati Action For Housing Now argues the city needs affordable housing now, especially as Cincinnati leads the nation in rent increases, with Zillow saying rent rose 7.9% from May 2022 to May 2023, and one in three households paying more for rent than they can actually afford.
“Because of our affordable housing shortage, hardworking, everyday people like childcare workers, school bus drivers, home health aides, custodians, retail and food service workers, recreation center employees, and government retirees are struggling to keep their heads above water. It doesn't have to be this way!” it shared on its website.
If Issue 24 passes, it will take effect Jan. 1, 2025.
The Other Issues Cincinnati Voters Will Decide During the Nov. 7 Election
BY MADELINE FENING AND LAUREN SERGE
Issue 19
Hamilton County-Proposed Tax Levy (Renewal)
This proposed tax levy would renew the existing five-year levy for the Cincinnati Zoo & Botanical Gardens that expires this year. The renewal would provide proceeds for operating expenses for zoological park services and facilities, collecting $7,542,000 annually but not exceeding 0.46 mills (one-tenth of a cent) for every taxable dollar. This levy would be in place for an additional five years if renewed, beginning in 2024.
Issue 20
Hamilton County-Proposed Tax Levy (Renewal and Increase)
The proposed tax levy would renew and increase the existing tax to provide funds for the Cincinnati and Hamilton County Public Library expenses. The levy would increase the tax 0.5 mill for each taxable dollar, collecting an estimated $30,878,000 annually for 10 years, beginning in 2024.
Issue 23
City Of Cincinnati-Proposed Charter Amendment
This amendment would require the Charter of the City of Cincinnati to clarify the process for citizens regarding charter amendments, ordinances and referenda by implementing a process timeline for citizens to collect required documentation and signatures. This amendment would require a copy of any citizen-led petition to be filed with the Clerk of Council prior to signature collection, implement a cure period for petitions and limit citizens to one proposal per ballot measure. Additionally, the amendment would clarify that council can vote electronically, the term lengths for council are two years and that the petition circulators must sign a statement for candidate petitions.
Cincinnati City Council
Ten candidates are running for nine Cincinnati City Council seats this Nov. 7. Only one newcomer will be challenging the current nine members on the ballot: Anna Albi is an endorsed Democrat and Madisonville resident. She currently serves as the recording secretary for Madisonville Community Council and is a gun violence prevention advocate.
Seth Walsh is running for his seat for the first time as the only non-elected incumbent on council.
The other eight council members who are running were all elected in 2021. Jan-Michele Kearney and Liz Keating were appointed in 2020 and elected the following year:
Jeff Cramerding (D)
Reggie Harris (D)
Mark Jeffreys (D)
Scotty Johnson (D)
Jan-Michele Lemon Kearney (D)
Liz Keating (R)
Meeka Owens (D)
Victoria Parks (D)
Seth Walsh (D)
Hamilton County Municipal Court Judge
District 4
Curt Kissinger – Unaffiliated
Kissinger currently serves as the Hamilton County Municipal Court Judge. He has upheld former roles as an adjunct instructor at the University of Cincinnati Blue Ash; a court administrator at Hamilton County Juvenile Court; a litigation attorney at Rendings, Fry, Kiely and Dennis, LLC; assistant prosecuting attorney at the Hamilton County Prosecutor’s Office and a special prosecuting attorney at Ohio Organized Crime Commission.
Samantha Silverstein – Democratic Party
Silverstein currently serves as the director of the Law Office of the Hamilton County Public Defender and leads the training initiatives at the Public Defender’s Office. She has served as a clinical professor at the University of Cincinnati College of Law since 2017 and formerly worked at the Legal Aid Society of Southwest Ohio.
Cincinnati Board of Education
Eve Bolton
Education: Bachelor of Arts in Political Science from the College of Wooster; Ohio Teaching License in Secondary Education
Experience: Bolton is a retired teacher. Bolton’s experience includes working on the Cincinnati Board of Education, the Mt. Healthy City Council and as a Hamilton County Recorder.
Endorsements: Democratic Party, Cincinnati Women's Political Caucus, Cincinnati Federation of Teachers, AFSCME, AFL-CIO
Bryan Cannon
Education: Bachelor of Science in Physical Education from The University of Rhode Island; Master of Science In Educational Leadership/ Human Resources Development from Towson University; ABD in Urban Educational Leadership from Clark Atlanta University
Experience: Cannon has worked 22 years as a school administrator and 11 years as a teacher.
Endorsements: None
Benjamin Lindy
Education: Bachelor of Arts from Yale College, Juris Doctor from Yale Law School
Experience: Lindy has served on the Cincinnati Board of Education since 2020 and as board president since 2022. Lindy has worked as a public school teacher in North Carolina, a central office administrator for the DC Public Schools and as the executive director for Teach for America in Southwest Ohio.
Endorsements: Hamilton County Democratic Party
Kendra Mapp
Education: Bachelor of Science Degree from the University of Cincinnati, Master of Arts Degree from Xavier University
Experience: Mapp is a licensed professional counselor, serving as a director of counseling services for school-based therapy. Mapp was an educator for 11 years and has experience as a social-emotional learning group facilitator, critical incident response provider and certified nonprofit and equity board leader.
Endorsements: Hamilton County Democratic Party, Run for Something, Vote Mama, CFT/CFOP, AFSCME, AFL-CIO, Matriots, Cincinnati Women's Political Caucus
Paul Schiele
Education: Secondary education from the Marine Corps Institute and Chaminade University of Honolulu
Experience: Schiele served as a staff sergeant in the U.S. Marine Corps and is currently the Managers of Distribution Operations for the U.S. Postal Service.
Endorsements: Moms for Liberty, Hamilton County and Ohio Value Voters
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