BUCKEYE LAKE, Ohio — AUGUST 17: Workers remove lower leaves from marijuana plants to increase the growth above in a flowering room, August 17, 2023, at PharmaCann, Inc.’s cultivation and processing facility in Buckeye Lake, Ohio. (Photo by Graham Stokes for Ohio Capital Journal)
Marijuana is now legal in Ohio, but lawmakers are continuing to try and tinker with the law.
The Ohio Senate passed a bill Wednesday night with major changes to the law that the Ohio House could bring to the floor for a vote next week.
Meanwhile, the Ohio House has a bill in committee that adds clarifications to the current law under Issue 2 — which Ohioans passed with 57% of the vote.
What’s in the bill the Senate passed?
The Ohio Senate passed a bill Wednesday night that would change home grow, up the tax rate, alter how the revenue is distributed and add automatic expungement. It would also speed up when Ohioans can purchase adult-use marijuana at dispensaries.
Sen. Rob McColley, R-Napoleon, added changes to the state’s marijuana law that were later modified to House Bill 86 — a bill that previously had nothing to do with cannabis. HB 86 was introduced earlier this year by rep. Jeff LaRe, R-Violet Twp., that would revise the state’s liquor control laws.
Under the changes made to HB 86, the marijuana tax rate would go up to 15% — an increase from Issue 2’s 10% tax at the point of sale for each transaction. The bill would also allow for local governments and local counties to levy an additional tax on top of the marijuana excise tax of 3%.
HB 86 would limit home grow to six plants per household instead of Issue 2’s six plants per person with 12 plants per residence.
“What the Senate passed (Wednesday) night is not what the voters supported,” said Tom Haren, a spokesman for the Coalition to Regulate Alcohol Like Marijuana.
“The Senate’s bill completely repeals Issue 2,” he said. “We think the best course of action is to not rush through any changes and to respect the will of the people.”
Ohio Gov. Mike DeWine supports the bill, saying it helps stamp out the black market.
Senate Minority Leader Nickie J. Antonio, D-Lakewood, said during Wednesday’s Senate Session that she hopes her colleagues in the House understand all that has gone into this bill.
“If they can make it better, that’s great,” she said.
Ohio House Minority Leader Allison Russo, D-Upper Arlington, told reporters on Wednesday she expects there to be lots of conversation on the marijuana law before next week’s House session.
“I definitely think there’s some room to navigate some clarity on specific issues, but I think there is … still a ways to go,” she said.
What’s happening in the Ohio House?
State Rep. Jamie Callender, R-Concord, introduced a bill earlier this week that clarified some of Issue 2’s language.
House Bill 354 would keep home grow the same under Issue 2 — six marijuana plants per individual and 12 per household, clarifying home grow must take place at a residential address.
“HB 354 does not aim to change the intent of Issue 2 or override the will of the voters,” Callender said in his testimony Wednesday. “Instead, it aims to add clarification for the departments who will be tasked with administering and regulating adult use cannabis in Ohio.”
This is how the tax revenue would be distributed under HB 354:
- 36% to the host community cannabis fund.
- 36% to the cannabis social equity and jobs fund.
- 12.5% of the substance abuse and addiction fund would go into Ohio’s 988 Suicide & Crisis Lifeline fund to administer the 988 system.
- 10% of the substance abuse and addiction fund would provide mental health and addiction services in county jails.
- 3% to the operations of the Division of Marijuana Control and Department of Taxation.
- 2.5% to the Department of Mental Health and Addiction Services to develop the state’s mental health workforce.
The bill also adds an additional 10% wholesale tax that would go toward the adult use cannabis local jail fund, adult use cannabis county sheriff fund, adult use cannabis law enforcement training fund and adult use cannabis crime victims assistance fund.
Russo said Callender’s bill is a good place to start.
“If I were to compare what the Senate is coming forward with, I would rank certainly the bill that’s before the House at the moment as probably more in line with the will of the voters,” she said.
Follow OCJ Reporter Megan Henry on Twitter.