On Feb. 26, the Ohio Senate approved a bill that proposes major revisions to the recreational cannabis law overwhelmingly supported by voters in Nov. 2023. Senate Bill 56 passed the Senate with a 23-9 vote, and will now proceed to the Ohio House, which has crafted its own revisions to the law which are less drastic, for further deliberation.
Led by Sen. Steve Huffman (R-Tipp City), the Ohio Senate bill would overhaul Issue 2, a recreational marijuana initiative that received 57% of the vote. If enacted, SB 56 would change key components of a program that backers believe corrects past injustices around cannabis prohibition.
For example, the bill would remove a social equity and jobs program designed to provide licensing opportunities for minority-owned businesses. It also creates new penalties for people who smoke or vape marijuana while riding in a vehicle.
Other notable alterations to the original program include:
- Reducing the maximum number of home grown marijuana plants in a single residence from 12 to six;
- Prohibiting the possession of marijuana purchased out-of-state;
- Reducing the maximum THC content in cannabis extracts from 90% to 70%.
Industry supporters expected some pushback on Ohio’s rec program, though the scale of the purported changes is still a gut punch, said Tim Johnson, a former law enforcement officer who advised Ohio legislature in the run-up to the Issue 2 vote.
“SB 56 is creating a new era of prohibition, and creating new penalties when we’re supposed to be getting by that,” said Johnson. “You can’t share a joint with a spouse, or smoke on your own patio. The rules for possession go even further than what we have now in the current criminal codes.”
Huffman’s legislation allows for expungement of marijuana-related convictions that were made legal under Issue 2, although applicants must pay a $50 filing fee. In addition, the bill would consolidate the state’s medical and recreational cannabis programs into the Division of Cannabis Control, and limit the numbers of licensed dispensaries within Ohio’s borders to 350.
Johnson is disappointed that initiatives created within the parameters of Issue 2 – including the social equity program – may not be given a chance to succeed.
“(Lawmakers) said we’re not satisfied, so we’ll do those laws for you,” Johnson said. “They’re telling people they don’t care you voted – that your mistake was making this into an initiative that could be revised.”
The wrong idea
On March 6, Ohio House Republicans unveiled a separate bill – Ohio House Bill 160 – that includes a public smoking ban, but allows for consumption on residential property including a person’s front porch.
Introduced by Rep. Brian Stewart (R-Ashville), the bill maintains the current 10% tax on marijuana and preserves Ohio’s 12-plant home grow limit. Similar to SB 56, the House’s bill would still reduce THC levels in cannabis extracts and put a cap on state-licensed dispensaries. Under Stewart’s legislation, all THC products – including intoxicating hemp – can only be purchased at regulated marijuana storefronts.
Ohio dispensary operators are concerned about a DeWine-led tax increase chasing customers back to their dealers, if not to competing markets like Michigan. DeWine’s budget would deposit cannabis revenue into a fund supporting six different agencies – tax, health, commerce, public safety, behavioral health, and the attorney general’s office.
“This will create a situation where Ohio is less competitive than the illicit market or the state of Michigan,” said Jared Maloof, CEO Standard Wellness, an Ohio-based cannabis company with a footprint extending to Utah, Missouri and Maryland. “It’s unfortunate that a few people in the legislature want to overturn the will of the people in Ohio.”
Ohio recorded more than $93 million in total legal cannabis sales across the state’s January reporting periods, according to data from the Ohio Division of Cannabis Control. A significant tax hike would not only shrink that pie, it could force Standard Wellness to cut staff or reduce employee hours following a recent hiring ramp-up, noted Maloof.
Lawmakers’ stated goals of protecting children and consumers will not be achieved through higher taxes and unenforceable home grow restrictions, said Maloof.
“It will be hard for any regulator to police the quantity of plants in someone’s home,” he said. “It’s unrealistic to expect that people who made an investment in growing equipment will simply throw away 50% of that equipment.”
Maloof also believes that Huffman and his colleagues are needlessly concerned with arbitrary figures when it comes to reducing THC levels in cannabis products.
“I think about it in the context of three-two beer,” said Maloof, referring to misleading representations of 3.2% alcohol products as non-intoxicating. “Ninety percent (THC) sounds high, but realistically speaking, a vape pen or concentrate at the level is not introducing more risk to the consumer.”
A stigma ‘alive and well’
Standard Wellness is already hearing from customers anxious about major alterations to the recently established cannabis market. Starting in March, the company plans to equip patrons with educational materials, aiming to spark a grassroots campaign to oppose SB 56.
Jeremy Cooper, an Akron-born cannabis educator and events marketer, would like citizens to fill lawmakers’ inboxes with their personal stories.
“I say, very simply, that everyone is a patient, no matter who you are,” said Cooper. “The majority of people consuming cannabis have a reason for using. They may have anxiety, or back pain, or it helps them get through the day. I can think of lots of prescription drugs that do the same thing.”
Cannabis has shown some potential health benefits – the U.S. Food and Drug Administration recently approved Epidiolex, a purified CBD product, to treat rare seizure disorders in children.
Although more research is needed to understand the plant’s full medical potential, consumers and entrepreneurs can point legislators toward – as just one example – the application of hemp-based components for aerospace and aeronautics.
“If the GOP realizes there’s money to be made in the science aspect, you might be able to appeal to a different side of reefer madness,” he said.
Johnson, the ex-lawman and cannabis advocate, said that passage of SB 56 would only intensify the negative perception of marijuana in Ohio just as it begins to gain recreational traction.
“It sends a clear message that the stigma around cannabis is alive and well,” Johnson said. “There are ways to challenge what (lawmakers) want to take away from us, so open your mouth.”
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This article appears in Feb 27 – Mar 12, 2025.