Rep. Brennan Defends Voter Voice, Backs Constitutional Limits on Overriding Cannabis Initiative
COLUMBUS – State Rep. Sean Patrick Brennan (D-Parma) today voiced strong support for the position that the Ohio Constitution places meaningful limits on the General Assembly’s ability to alter or undo voter-approved initiated statutes—such as the 2023 adult-use cannabis legalization measure passed by Ohioans.
“Ohio voters spoke clearly and decisively in 2023 when they approved legal adult-use cannabis,” said Rep. Brennan. “To turn around and gut key provisions—especially those relating to equity, licensing, and taxation—would not only violate the spirit of democracy, it may also violate the letter of our state constitution.”
Rep. Brennan’s comments come in response to expert legal analysis presented by Derek Clinger, a political and election law scholar, during a panel discussion hosted by The Ohio State University Moritz College of Law’s Drug Enforcement and Policy Center (DEPC). Clinger’s forthcoming research in the Case Western Reserve Law Review argues that the Ohio Constitution does not give the Legislature free rein to rewrite or repeal-initiated statutes, and instead only permits changes that facilitate—not limit or restrict—the will of the voters.
Clinger’s legal analysis centers on Article II, Section 1g of the Ohio Constitution, which states that laws may be passed to “facilitate” the operation of the initiative process but “in no way limiting or restricting” the provisions approved by voters.
“The anti-subversion clause isn’t just legalese,” said Rep. Brennan. “It is a guardrail to protect the people’s power to make laws when the Legislature fails to act. This is not a blank check for the General Assembly to rewrite laws they disagree with politically.”
Rep. Brennan pointed out that the Legislature had months to propose changes or offer an alternative to the cannabis initiative before it went to the ballot—and chose not to act.
“The voters filled the gap lawmakers left. Now that the people have acted, our job should be to carry out their will—not override it,” added Rep. Brennan.
Panelists at the OSU event, including legal experts from the ACLU of Ohio, the Marijuana Policy Project, and DEPC, raised serious concerns about current legislative proposals that would recriminalize cannabis possession, eliminate the Social Equity and Jobs Program, and reallocate cannabis tax revenues away from voter-approved purposes.
“These proposed rollbacks aren’t tweaks—they’re fundamental rewrites,” said Rep. Brennan. “If the Legislature believes a specific component of the law is unconstitutional, they should let the courts decide. We should not preemptively silence the people’s voice out of fear or disagreement.”
Rep. Brennan concluded by calling for legislative restraint and respect for the democratic process.
“Whether it’s cannabis or any other issue, initiated statutes exist because voters feel strongly about policies the Legislature has failed to address. That deserves deference. I will continue to defend the people’s right to self-governance—because in Ohio, the Constitution begins with three powerful words: All political power is inherent in the people.”