Senate Republicans Revise Ohio Recreational Marijuana Law

Legal
December 12, 2023

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COLUMBUS, Ohio (420CanNews) — With Ohio passing Issue 2 last month legalizing recreational marijuana, the state Senate approved changes to the law despite the measure having 57% voter support. While the new Ohio recreational marijuana law took effect December 7, the Senate GOP introduced changes to the bill at the eleventh hour on Wednesday.

Senate-Approved Changes to Issue 2

Aspect	Change
Growing marijuana at home	Limit of 12 plants per household decreased to 6
Marijuana sales tax	Increase of tax rate from 10% to 15%Local governments allowed to add an extra 3% on top
Previous marijuana possession convictions	Automatic expungement of record introduced for convictions of 2.5 ounces or less
Recreational marijuana sales start date	Original timeline of nine months shortened to 90 days after the bill is signed into law
Possession limits	2.5 ounces of flower and 15 grams of extract remain the same
THC level limits	Flower remains the same at 35% Extracts reduced from 90% to 50%
Number of dispensaries	350 in the state at one time remains the same

Public Health and Equity Concerns Driving Revisions

The reasoning behind the Senate GOP’s revisions involves concerns about increased public use and impaired driving with legalization, though data from other states disputes these notions. Senate Republicans also seek to fund more drug-recognition experts for enforcement and voiced opposition to the social equity provisions written into Ohio Issue 2, like licensing priority for those with past convictions—a disproportionate amount of whom are people of color.

Advocates Gear Up for Fight Over Home Grow, Social Justice

Legalization supporters including advocates, lawmakers, and industry groups argue these changes erode the law’s foundations and defy the will of over 2 million voters. They call for input from communities impacted by prohibition. National groups like the ACLU and NORML vow to defend so-called “home grow” rights and social equity concerns, which could face legal challenges.

Sweeping Divergences From Voter-Approved Measure

Further details of the Republican’s House Bill 86 represent major departures from the original voter-approved measure:

Restricts marijuana use to strictly occur within the confines of private residences.
Allows local bans on marijuana businesses through zoning rules, overriding the statewide regulated sales framework.
Reduced THC potency limitations on extracts is below the limits in neighboring states, with analysts saying it could hamper supply quality, safety standardization, and industry viability while bolstering illicit market competition.
Imposes testing standards that hamper Ohio’s hemp industry and CBD access by prohibiting sales of full-spectrum products containing even trace THC levels.

Further Changes Loom Amid House-Senate Divisions

Ultimately, observers expect further compromise to occur given the divide in Ohio’s legislature between the Senate seeking these changes and the House listening to input from businesses, health groups, and advocates less amenable to sweeping revisions. Regardless, recreational use and possession is now legal in Ohio after millions of Buckeye State voters approved it barely a month ago, but when and where it can be purchased remains undecided.

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