How Ohio lawmakers are trying to change marijuana rules

COLUMBUS, Ohio (WCMH) — Ohio lawmakers are working to rewrite the recreational marijuana law voters approved two years ago with a bill that proposes at least 44 major changes. 

Senate Bill 56,  sponsored by state Sen. Steve Huffman (R-Tipp City), closely mirrors an effort that failed to pass last year. 

“This is just another slap in the face,” state Sen. Bill DeMora (D-Columbus) said.

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“The voters passed Issue Two and that is clear, but I do believe it is incumbent upon us as a General Assembly to make sure that we put some common-sense guidelines and guardrails in place,” state Sen. Kristina Roegner (R-Hudson), chairperson of the General Government Committee, said. Her committee is where the bill is being heard. 

Among provisions in the proposed bill is decreasing the legal maximum THC level for marijuana extracts from 90% to 70%. 

“It’s like concentrated orange juice,” Huffman said. “You don’t drink concentrated orange juice; you’re going to dilute it down so that it’s a reasonable amount.” 

The bill not only makes direct changes to marijuana content, but it also changes many things around it, like tax laws. Right now, the excise tax on recreational marijuana is 10%, this bill would increase it to 15%.  

Current law divides the collected money this way: 

• 36% to the Cannabis Social Equity and Jobs Fund: Used for social equity and job initiatives. 
• 36% to the Host Community Cannabis Fund: Benefits municipal corporations or townships with adult use dispensaries. 
• 25% to the Substance Abuse and Addiction Fund: Supports substance abuse and addiction services. 
• 3% to the Division of Cannabis Control and Tax Commissioner Fund: Supports the operations of the Division of Cannabis Control and covers the tax administration costs. 

Under SB 56, all the tax revenue would go to the state government, giving lawmakers control of how it is spent.

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“We should spend the money now and be fluid in the future on where the money is going to end up going,” Huffman said when asked if it would be spent in the state operating budget. 

“There’s no way that I’m going to let all this money go to general funds when voters clearly didn’t want that,” DeMora said. 

Not only does the bill defund the Social Equity and Jobs Program – it abolishes it. Huffman said he is open to some discussion. 

“With social equity, what’s the best way to achieve that,” he said. 

The bill also prohibits any person from owning more than eight dispensaries, prohibits the possession of marijuana other than homegrown or from an Ohio dispensary, does not allow anyone to receive unemployment benefits if they are fired for using marijuana, and bans any public smoking.

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“It is focused on the combustibles for because you can smell it and people find that offensive,” Huffman said. 

“If you could smoke a cigarette walking down the street, you should be able to smoke marijuana walking down the street as far as I’m concerned,” DeMora said. 

The legislation also removes protections from “adverse actions” against marijuana users.  

SB 56 would limit the number of dispensaries allowed in Ohio to 350. Right now, there are 128 certificates of operation. 

“Supply and demand will increase the number going forward,” Huffman said. “And I don’t think 350 is set in stone and that we can change that going forward.” 

Overall, opposition to the bill says it goes too far and ignores the will of the voters; backers of the bill said they want to add common-sense guidelines to existing law and keep Ohio from going down a bad path. 

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“I’ve seen, I saw Denver before marijuana was legalized and I’ve seen what’s happened to it slowly over time after the legalization,” Roegner said. “And it really is sad. I mean, Denver used to be such a beautiful city.” 

“I’m going to try to be nice when one of my colleagues makes a statement like that, that I think is, that is not correct,” DeMora said. “Making marijuana legal had nothing to do with people becoming homeless. I mean, that’s ludicrous and I don’t understand why someone would say that.”  

Even though the bill is so extensive, DeMora said it is missing a key piece, which he said brought Democrats on board last General Assembly: expungement. 

“There ought to be a mechanism to have these people’s records expunged and not to have to go through hoops,” DeMora said. “They’re trying to make it tougher to have people that have this on their record get it expunged. It should be automatic. It should be state paying for it.”  

Huffman said he is open to an expungement addition but did not specify what he wants it to look like. 

“Does everybody get an automatic expungement? Do they have to have an active role? Are they just petitioning the court to be able to do that,” Huffman said.

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The bill also cuts the number of plants that can be grown in one house from 12 to six.  

The bill had both sponsor and proponent hearings on Wednesday, so now it awaits opponent hearing. 

The legislation does not have any provision concerning Delta-8 and other hemp products but Huffman said he will be introducing that soon, saying he plans to introduce a bill requiring those products only be sold to Ohioans 21 years of age and older and only through dispensaries. DeMora said he is agreeable to that measure.