Yost takes unusual step of issuing ‘legal analyses’ of abortion, marijuana issues on November ballot

Ohio Attorney General Dave Yost, a Columbus Republican, speaks at a press conference at the Ohio Bureau of Criminal Investigation headquarters in London on Thursday, March 31, 2022. On Wednesday, Yost took the unusual step of releasing what he described as "legal analyses" of a pair of issues that will appear on the statewide ballot in November.

“This is not an exercise in advocacy,” Yost wrote Thursday. “Rather, it is an effort to help Ohioans understand the legal impacts that Issue 1 and Issue 2 generate. As you’ll see, most of the legal ramifications of Issue 1 and Issue 2, if approved, are clear. Other aspects, however, are not clear and will most certainly end up in court. We have noted which is which.”

Yost went on to suggest that Issue 1, if passed, could be cited in overturning a number of the abortion bans and abortion restrictions that Republican lawmakers have passed in recent years. The general finding meshes with one vein of criticism from abortion opponents, who have said that the measure goes too far while extending abortion rights.

Issue 1 would allow the state to prohibit abortion after fetal viability, which can vary but generally is around 22 weeks into pregnancy, with an exemption to protect a patient’s health in the judgment of that patient’s doctor. Yost’s office wrote that the language “likely protects post-viability abortions under certain exemptions,” a view that meshes with opponents’ argument that the exemption would allow for abortions later in pregnancy than what most Ohioans would support.

The state would issue licenses to cultivate, process, test and dispense marijuana commercially within certain rules, including limits on how much THC can be in marijuana products sold. Individuals could grow up to six cannabis plants each, with a total limit of 12 plants per residence; they would be allowed to give it to others but not sell it without a license.

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