Tag: Ohio House Bill 160

  • Marijuana backers criticize Ohio bills attempting to change state law

    Marijuana backers criticize Ohio bills attempting to change state law

    Stock photo from Getty Images

    By:  Ohio Capital Journal

    Marijuana advocates called bills to change Ohio’s weed laws “a slap in the face” to voters.

    The National Organization for the Reform of Marijuana Laws hosted a webinar last week about two bills that are trying to change Ohio’s marijuana laws.

    “Whether one believes that cannabis ought to be legal or not is almost a secondary issue,” said NORML Deputy Director Paul Armentano. “The primary issue ought to be that elections have consequences, and the results of elections should matter.”

    Ohioans voted to legalize recreational marijuana in 2023 by passing a citizen-initiated law, meaning Ohio lawmakers can change the law. Marijuana sales started in August 2024 and the state’s total recreational marijuana sales were $376,482,070 as of Saturday, according to the Ohio Department of Commerce Division of Cannabis Control.

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    “Ohio looks like it has been rolling along very smoothly, and implementation has been going well,” said NORML Political Director Morgan Fox. “There have been no major complaints from Ohioans, and it’s premature for the legislature to try to interfere with it.”

    There are bills in both chambers trying to rewrite Ohio’s marijuana laws — Senate Bill 56 and House Bill 160.

    “It’s not as if this pushback is coming because there have been negative or adverse consequences of Issue Two being implemented,” Armentano said. “The law is working just fine, and Ohioans are happy with it. Lawmakers are trying to meddle with it and act as if there are issues with the law, when in fact, we’re seeing the laws playing out the way voters intended.”

    These bills would be dangerous for cannabis users in Ohio, said Cat Packer, director of drug markets and legal regulation at Drug Policy Alliance.

    “There are so many ways that if you are a cannabis consumer in Ohio, with either of these bills passed, you should consider that the law will consider you a criminal,” she said.

    S.B. 56 would cut the number of Ohio’s home grow plants in half from 12 plants down to six, reduce the THC levels in adult-use marijuana extracts from a maximum of 90% down to a maximum of 70%, and require marijuana can only be used in a private residence.

    THC potency caps are a solution in search of a problem, Armentano said.

    “Voters, by and large, don’t like potency caps for cannabis,” he said. “If we simply remove these products from the market, we’re not going to get rid of the demand, but what we’re going to do is drive the production of these products to the unregulated market.”

    S.B. 56 does allow someone to apply to the sentencing court to have their record expunged, but they would have to pay a $50 filing fee. The bill would require marijuana to only be transported in the trunk of a car when traveling and would limit the number of active dispensaries to 350.

    The Ohio Senate passed S.B. 56 last month, which would ban Ohioans from using marijuana that is not either from a licensed Ohio dispensary or cultivated at a consumer’s home — meaning it would be illegal for Ohioans to drive up to Michigan to buy marijuana and bring it back over state lines. The bill has yet to have a hearing in the House.

    “If you were to pass a joint or share your home grown cannabis, or share your cannabis with your spouse or your roommate, you would be a criminal again,” said Karen O’Keefe, director of state policies at Marijuana Policy Project.

    House Bill 160 would keep home grow and tax levels the same, but reduce THC levels and redirect most of the tax revenue to the state’s general fund.

    The current tax revenue is divided up in several ways — 36% to the cannabis social equity and jobs fund, 36% to the host community cannabis fund, 25% to the substance abuse and addiction fund and 3% to the Division of Cannabis Control and Tax Commissioner Fund.

    “My concern is we wouldn’t be dedicating those monies where voters decided that the money should go,” Packer said.

    Ohio Gov. Mike DeWine’s budget proposal would increase the tax on marijuana from 10% to 20%. The Ohio House is currently working on the budget, which is due July 1.

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    Megan Henry

    Megan Henry is a reporter for the Ohio Capital Journal and has spent the past five years reporting in Ohio on various topics including education, healthcare, business and crime. She previously worked at The Columbus Dispatch, part of the USA Today Network.

    Ohio Capital Journal is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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  • Ohio House Republicans introduce their own proposal to rewrite state’s recreational marijuana law

    Ohio House Republicans introduce their own proposal to rewrite state’s recreational marijuana law

    Stock photo of a marijuana dispensary from Getty Images.

    The Ohio House Republican version would keep home grow and tax levels the same, but reduce THC levels and redirect most of the tax revenue

    By:  Ohio Capital Journal

    A week after Ohio Senate Republicans passed a bill that would overhaul the state’s marijuana law, Ohio House Republicans introduced their own proposal. Their version would keep home grow and tax levels the same, but reduce THC levels and redirect most of the tax revenue.

    State Rep. Brian Stewart, R-Ashville, introduced Ohio House Bill 160 during a press conference Thursday. Similar to the Senate’s bill, the House’s bill would reduce the THC levels in marijuana extracts from a maximum of 90% down to a maximum of 70% and caps the number of marijuana dispensaries to 350. The bill, however, would keep the 10% tax on marijuana and keep Ohio’s home grow at 12 plants.

    “Our bill preserves the core of Issue Two, while also adding important protections for Ohio’s minors and addressing the issue of intoxicating hemp,” Stewart said, noting his goal is to pass a marijuana bill before the lawmakers go on summer break.

    Ohioans passed a citizen-initiated law to legalize recreational marijuana in 2023 with 57% of the vote, and sales started in August 2024. Ohio lawmakers can change the law since it passed as a citizen initiative. The state’s total recreational marijuana sales were $361,994,872 as of Saturday, according to the Ohio Department of Commerce Division of Cannabis Control.

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    “Every product that is legal today will remain legal under this bill,” Stewart said. “I think we are making very, very few changes here. … We’re not touching any of the core parts of Issue Two.”

    The bill deals directly with intoxicating hemp by requiring every THC product to be treated like marijuana and only be sold at the state’s regulated marijuana dispensaries.

    “Simply put, if it gets you high, it goes through a dispensary,” Stewart said. “I don’t think Ohioans are excited about the fact that you get essentially the same thing that’s less safe from a local gas station. I don’t want my kids to go walk into your local gas station chain and buy marijuana.”

    The bill would change how the marijuana tax revenue is directed, sending a “bulk of tax revenue to Ohio’s general fund,” Stewart said, mentioning he worked closely with House Speaker Matt Huffman, R-Lima, on drafting the bill.

    Even though legal weed sales started last year, Ohioans could start legally growing marijuana at home shortly after Issue Two passed in 2023.

     Ohio state Rep. Brian Stewart, R-Ashville. Official photo. 

    “I think the longer you wait, the harder it is to make substitute changes,” Stewart said. “I think in the real world, folks who are growing 12 plants today are not likely to grow less than 12 plants just because we passed a law at the Statehouse.”

    H.B. 160 prohibits using marijuana in public spaces, but allows for smoking inside a privately owned property, including outside on a residential front porch.

    “It’s legal to use these products at your home,” Stewart said.

    The bill would also offer expungement for prior convictions for marijuana related offenses.

    “As the views of Ohioans have shifted on the issue of marijuana, our laws should reflect that, and allowing people to remove these offenses from their criminal record is good policy,” Stewart said.

    Even though the Senate recently passed their own bill, Stewart doesn’t think his bill will create a possible standstill where nothing gets passed.

    “I’m going to leave it to the two gentlemen that hold the gavel as to which bill is moving, but it’s one or the other,” Stewart said.

    The Ohio Cannabis Coalition (OHCANN) is still digesting this latest piece of legislation, but Deputy Executive Director Adrienne Robbins seemed optimistic about H.B 160.

    “We do think this is a really positive step forward,” she said. “When you look at the Senate bill and the different iterations of it that came out, I think this is another step forward, and it does make us feel like lawmakers are one, listening to us, but then, maybe more importantly, listening to consumers’ concerns as well.”

    What’s in the Senate marijuana bill?

    Senate Bill 56 would significantly change Ohio’s weed laws.

    The bill would limit Ohio’s home grow from 12 plants down to six, reduce the THC levels from a maximum of 90% to a maximum of 70%, and mandates that marijuana can only be used in a private residence.

    S.B. 56 allows someone to apply to the sentencing court to have their record expunged if they were convicted or plead guilty to possessing 2.5 ounces of marijuana before the state law went into effect. Under the bill, the applicant must pay a $50 filing fee.

    The bill would combine the state’s medical and recreational marijuana programs under the Division of Cannabis Control, require marijuana be transported in the trunk of a car when traveling, and would limit the number of active dispensaries to 350.

    It would also ban Ohioans from using marijuana that is not either from a licensed Ohio dispensary or cultivated at a consumer’s home. This would make it illegal for Ohioans to drive up to Michigan to purchase marijuana and bring it back over state lines.

    The bill originally dealt with taxes and how funds were distributed, but those provisions were removed during committee.

    Ohio Gov. Mike DeWine’s proposed budget, which is currently being heard in the Ohio House, increases the tax on marijuana from 10% to 20%. The budget is due July 1.

    Potential déjà vu?

    This is not the first time both chambers have tried to pass their own legislation in attempts to change the state’s marijuana law.

    Shortly after Ohioans voted to legalize marijuana, the Ohio Senate quickly passed a bill that would have made major changes to the law that would have affected taxes and home grow, but the Ohio House never brought the bill to the floor.

    Instead, state Rep. Jamie Callender, R-Concord, introduced a bill that would have clarified some of Issue 2’s language, but it never made it out of committee.

    Follow Capital Journal Reporter Megan Henry on Bluesky.

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    _______________
    Megan Henry
    Megan Henry

    Megan Henry is a reporter for the Ohio Capital Journal and has spent the past five years reporting in Ohio on various topics including education, healthcare, business and crime. She previously worked at The Columbus Dispatch, part of the USA Today Network.

    Ohio Capital Journal is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

    MORE FROM AUTHOR