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Ohio Supreme Court orders ballot rewrite on marijuana legalization

COLUMBUS, Ohio (Cannabist) — Ohio’s Supreme Court ruled Wednesday that part of the ballot wording describing a proposal to legalize marijuana in the state is misleading and ordered a state board to rewrite it.

Supporters of the measure, known in the fall election as Issue 3, challenged the phrasing of the ballot language and title, arguing certain descriptions were inaccurate and intentionally misleading to voters. Attorneys for the state’s elections chief, a vocal opponent of the proposal, had said the nearly 500-word ballot language was fair.

In a split decision, the high court sided with the pot supporters in singling out four paragraphs of the ballot language it said “inaccurately states pertinent information and omits essential information.”

The court ordered the state’s Ballot Board to reconvene to replace those paragraphs about where and how retail stores can open, the amount of marijuana a person can grow and transport and the potential for additional growing facilities.

“The cumulative effect of these defects in the ballot language is fatal because the ballot language fails to properly identify the substance of the amendment, a failure that misleads voters,” the court said.