# 15% State Share

### **Where do these monies live?**

This share is distributed to the [Ohio Attorney General’s Office](https://www.ohioattorneygeneral.gov/).\[1]

### **What can this share be spent on?**

With limited exceptions,\[2] this share must be spent on approved purposes, which the MOU defines to mean the “evidence-based\[,] forward-looking strategies, programming\[,] and services” described in its [Ohio Abatement Strategies](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/Exhibit-8-2021.07.28-One-Ohio-Memorandum-of-Understanding.pdf#page=12) list (“Exhibit A” of Ohio’s MOU).\[3] Exhibit A contains three categories of interventions: Strategies for [Community Recovery](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/Exhibit-8-2021.07.28-One-Ohio-Memorandum-of-Understanding.pdf#page=13), for [Statewide Innovation & Recovery](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/Exhibit-8-2021.07.28-One-Ohio-Memorandum-of-Understanding.pdf#page=18), and for Sustainability.\[4]

### **Who ultimately decides how to spend this share (and how)?**

***State Attorney General decides*****.** The [Ohio Attorney General’s Office](https://www.ohioattorneygeneral.gov/) will ultimately decide how this share is spent on approved purposes.\[5] According to an [FAQ](https://www.oneohiofoundation.com/resources#:~:text=FREQUENTLY%20ASKED%20QUESTIONS) from the OneOhio Recovery Foundation, the state’s 15% share of the *Distributor* settlement will be used “to leverage statewide buying power to offer prevention, treatment and recovery support services.”\[6]

The Attorney General and governor may also decide to use this share to fund the [OneOhio Recovery Foundation](https://www.oneohiofoundation.com/)’s statewide programming.\[7]

### **Is this share attached to an explicit bar against supplantation?**

**No, supplantation is not prohibited.** Ohio does not explicitly prohibit supplantation uses of opioid settlement funds from the state share. This means that the 15% state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

### **Can I see how this share has been spent?**

**No (neither public nor intrastate reporting required).** Opioid settlement expenditures are not officially published in a centralized location for this share. 

Visit OpioidSettlementTracker.com’s [Expenditure Report Tracker](https://www.opioidsettlementtracker.com/expenditures) for an updated collection of states’ and localities’ available expenditure reports.

### **What else should I know?**

**Not applicable.**

### **Citations**

1. [MOU B.1](https://static1.squarespace.com/static/63039e77ef9043374638573c/t/633b2874a42ea851812ddf1d/1664821365993/OORF-MOU.pdf#page=2) (“15% to the Office of the Ohio Attorney General as Counsel for the State of Ohio (‘State Share’)”). ↑
2. [MOU C.9](https://static1.squarespace.com/static/63039e77ef9043374638573c/t/633b2874a42ea851812ddf1d/1664821365993/OORF-MOU.pdf#page=4) (“Any attorney fees related to representation of the State of Ohio shall not be paid from the \[Local Government Fee Fund] but paid directly from the State Share or through other sources”). ↑
3. [MOU B.2](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/Exhibit-8-2021.07.28-One-Ohio-Memorandum-of-Understanding.pdf#page=2) (“All Opioid Funds, regardless of allocation, shall be utilized in a manner consistent with the Approved Purposes definition”) and [MOU A.7](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/Exhibit-8-2021.07.28-One-Ohio-Memorandum-of-Understanding.pdf#page=2https://nationalopioidsettlement.com/wp-content/uploads/2021/11/Exhibit-8-2021.07.28-One-Ohio-Memorandum-of-Understanding.pdf) (defining “Approved Purpose(s)” to mean “evidence-based forward-looking strategies, programming and services … as is further set forth in the agreed Opioid Abatement Strategies attached as Exhibit A”). *See also* [MOU Exhibit A](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/Exhibit-8-2021.07.28-One-Ohio-Memorandum-of-Understanding.pdf#page=12https://nationalopioidsettlement.com/wp-content/uploads/2021/11/Exhibit-8-2021.07.28-One-Ohio-Memorandum-of-Understanding.pdf) (referring to itself as “Ohio Abatement Strategies”). ↑
4. Unlike the first two components, “Strategies for Sustainability” does not have a standalone section within the MOU’s [Exhibit A](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/Exhibit-8-2021.07.28-One-Ohio-Memorandum-of-Understanding.pdf#page=12), but Exhibit A’s [first page](https://nationalopioidsettlement.com/wp-content/uploads/2021/11/Exhibit-8-2021.07.28-One-Ohio-Memorandum-of-Understanding.pdf#page=12) describes “Strategies for Sustainability” as including “collaborat\[ion] to share resources and knowledge” and “build\[ing] sustainable financing strategy and infrastructure to reverse the damage that has been done and prevent future epidemics and crises.” ↑
5. [MOU B.1-2](https://static1.squarespace.com/static/63039e77ef9043374638573c/t/633b2874a42ea851812ddf1d/1664821365993/OORF-MOU.pdf#page=2) (“15% to the Office of the Ohio Attorney General as Counsel for the State of Ohio” for use “in a manner consistent with the Approved Purposes definition”). ↑
6. *See also* [Foundation FAQs](https://www.oneohiofoundation.com/resources#:~:text=FREQUENTLY%20ASKED%20QUESTIONS). OneOhio Recovery Foundation website. Accessed August 14, 2024. ↑
7. [MOU D.11(b)](https://static1.squarespace.com/static/63039e77ef9043374638573c/t/633b2874a42ea851812ddf1d/1664821365993/OORF-MOU.pdf#page=7) (“Funds for statewide programs, innovation, research, and education may also be expended by the Foundation. … Expenditures for these purposes may also be funded by the Foundation with funds received from either the State Share (as directed by the State)”). *See also* [MOU A.1](https://static1.squarespace.com/static/63039e77ef9043374638573c/t/633b2874a42ea851812ddf1d/1664821365993/OORF-MOU.pdf#page=1) (defining “the State” to mean “the State of Ohio acting through its Governor and Attorney General”). ↑


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