The victory for Issue 2 in November 2023 felt like a definitive moment for Ohio. With fifty-seven percent of the vote, the people spoke clearly in favor of legalizing recreational marijuana, ending unnecessary criminalization, and treating cannabis consumers like responsible adults. It was a mandate for personal freedom and a rejection of the antiquated War on Drugs.
However, recent legislative maneuvers suggest that some lawmakers in Columbus believe they know better than the millions of Ohioans who cast their ballots.
The Ohio House of Representatives recently passed Senate Bill 56. This legislation threatens to significantly scale back the freedoms granted by the voter-approved initiative. By a vote of 52-34, the House advanced a bill that would impose stricter THC limits, ban most intoxicating hemp products, and reintroduce criminal penalties for possession in certain contexts.
While this bill has cleared the House, it is crucial to understand that it has not yet become law. It is currently heading back to the Senate for concurrence, meaning there is still time for voters to voice their opposition to what many see as a dismantling of their democratic will.
The Bill That Threatens to Undo Issue 2
Ohio’s Senate Bill 56, introduced earlier this year, underwent major revisions before passing the House in late November. Supporters argue the legislation updates the state’s marijuana laws to improve public safety and align with federal statutes.
However, others view it as a direct attack on the citizen initiative process. Representative Bride Rose Sweeney, a Democrat from Westlake, voiced the frustration of many when she stated during the conference committee that the bill fundamentally undermines the will of the voter. She argued that the electorate voted to stop punishing adults for responsible use, yet this bill seeks to reinsert the government into the private lives of cannabis consumers.
The timing of this legislative push is particularly contentious. Since Issue 2 was a citizen-initiated statute rather than a constitutional amendment, the General Assembly has the authority to amend or repeal parts of the law.
Lawmakers have been attempting to alter the statute since late 2023, and Senate Bill 56 appears to be the vehicle they have chosen to enact these restrictions. The bill does not just tweak regulations; it overhauls the landscape of legal cannabis in Ohio before the market has even fully matured.
Aligning with a Federal Crackdown on Hemp
One of the most aggressive components of Senate Bill 56 is its treatment of hemp products. The bill seeks to align Ohio law with a recent federal ban enacted by Donald Trump regarding hemp THC levels.
Congress recently voted to ban products containing more than 0.4 milligrams of total THC per container, a drastic shift from the 2018 Farm Bill which allowed for hemp growth provided it contained less than 0.3% Delta-9 THC. This federal change has prompted Ohio lawmakers to aggressively regulate the booming hemp market.
Under the provisions of Senate Bill 56, intoxicating hemp products would be banned from sale outside of licensed marijuana dispensaries. This effectively wipes out the business model for smoke shops, gas stations, and independent CBD retailers that have been operating legally under previous laws.
Representative Brian Stewart noted that the state is cutting to the chase by ensuring these products move exclusively to dispensaries after a ninety-day transition period. This consolidation forces consumers into a single, highly regulated market and destroys the independent hemp industry in Ohio.
There is a temporary exception for hemp-derived beverages. Bars and restaurants can sell drinkable cannabinoid products with up to five milligrams of THC. They can also sell products with up to ten milligrams for off-premises consumption until the end of 2026.
Arbitrary Potency Caps and Public Use Restrictions
Beyond the hemp crackdown, Senate Bill 56 directly targets the adult-use marijuana market by imposing arbitrary limits on potency. The bill mandates a reduction in the maximum THC levels for extracts, dropping the cap from ninety percent down to seventy percent.
Flower potency remains capped at thirty-five percent, but advocates argue that reducing extract potency will drive consumers back to the illicit market. When legal products are intentionally weakened, consumers often turn to stronger, unregulated alternatives that skip the rigorous testing of the legal market.
Furthermore, the legislation imposes strict bans on public consumption. While Issue 2 legalized possession, Senate Bill 56 tightens the rules on where adults can consume cannabis. Smoking in most public places would be prohibited.
The bill allows landlords to prohibit tenants from vaping marijuana in their rental homes, including in their own backyards. This provision creates a disparity between homeowners and renters, effectively stripping property-less Ohioans of their right to consume a legal product in the privacy of their residence.
The Return of Criminalization
Perhaps the most alarming aspect of Ohio’s Senate Bill 56 for pro-cannabis advocates is the creeping return of criminalization. The voter-approved law was championed as a way to end arrests and expunge records.
Yet, the House-passed bill removes language that provided anti-discrimination protections for cannabis consumers. These protections were intended to prevent adverse actions regarding child custody rights, organ transplants, and professional licensing based solely on legal marijuana use. By removing them, the legislature leaves patients and parents vulnerable to state intervention for engaging in lawful activity.
Additionally, the bill recriminalizes the possession of marijuana obtained from any source other than a state-licensed dispensary in Ohio or a legal home grow. This implies that an Ohioan who legally purchases cannabis in neighboring Michigan and brings it home could face criminal charges.
This measure ostensibly supports Ohio businesses, but it does so by threatening consumers with jail time or fines, creating a new “gray market” crime that Issue 2 was supposed to eliminate.
Economic Motivations vs. Consumer Rights
Supporters of the bill highlight the financial benefits for local municipalities. Senate Bill 56 allocates thirty-six percent of adult-use marijuana tax revenue to the townships and municipalities that host dispensaries.
This funding is positioned as a way for cannabis operators to give back to their communities. While revenue sharing is a positive aspect of legalization, advocates argue that it should not come at the cost of consumer rights and market diversity.
The bill maintains the ten percent tax rate on recreational marijuana and keeps home grow limits at six plants per adult, capped at twelve per residence. While these provisions from the original initiative remain intact, the restrictive new rules overshadow them.
The focus on tax revenue distribution often distracts from the reality that the bill narrows the scope of who can participate in the market and how consumers can access products. By funneling all intoxicating products, including hemp, into the hands of a few licensed operators, the state stifles competition and innovation.
The Fight Isn’t Over
It is vital to reiterate that Senate Bill 56 is not yet the law of the land. The bill now moves to the Ohio Senate, which has a session scheduled for early December. While House Speaker Matt Huffman expressed confidence the Senate will pass the bill, the outcome of the legislative process is never certain. The Senate previously rejected House changes to the bill, leading to the conference committee that produced this current version.
Governor Mike DeWine has also signaled his support for tighter regulations, particularly regarding hemp and public consumption. However, the backlash from the pro-cannabis community and the hemp industry has been significant. The Ohio Senate must now decide whether to concur with the House’s changes or risk a prolonged legislative battle.
For the fifty-seven percent of Ohio voters who said “yes” to legalization, this moment requires vigilance. The attempt to rewrite Issue 2 is a reminder that winning at the ballot box is only the first step.
Protecting those victories from legislative overreach is an ongoing struggle. Ohio’s Senate Bill 56 represents a legislative body that is uncomfortable with the freedoms its constituents chose for themselves.
As the bill heads to the Senate, the message from voters remains that they voted for regulation, not recriminalization, and for freedom, not restriction.
