Ohio’s journey towards implementing an adult-use cannabis program has been far from smooth. In the past week alone, we have seen a roller coaster of changes proposed and eventually approved by state congress. This tumultuous process highlights the challenges faced by states as they navigate through the complexities of legalizing recreational marijuana.
The back-and-forth nature of Ohio’s state congress is indicative of the ongoing debates and negotiations surrounding the program. Proposed revisions to Issue 2, the voter-approved legalization initiative, sparked controversy and backlash from advocates and voters alike. However, the final approved version includes some improvements while still not aligning with what Ohio residents originally voted for.
Controversial Changes Proposed Originally by The Senate
The original proposal put forth by the Republican controlled Senate included several changes that were met with criticism from advocates and voters. One of the most controversial changes was the removal of homegrow rights, which would have prohibited adults from cultivating their own cannabis plants. This sparked outrage among supporters of Issue 2, who argued that this provision went against the spirit of legalization and restricted personal freedom.
Additionally, the Senate’s proposal included a significant increase in taxes on cannabis cultivators. This would have resulted in higher prices for consumers and potentially hindered the growth of the legal market. The proposed tax revenue allocation also raised concerns, with a large portion going towards creating and renovating jails instead of social equity programs.
Furthermore, the original proposal sought to recriminalize possession of non-retailer obtained cannabis, reversing the progress made in decriminalizing possession for personal use. These changes, combined with a proposed delay in implementation for a year, were met with strong opposition from advocates and voters.
Revised Version with Improvements
After facing backlash and opposition, the Senate eventually approved a significantly revised version of the proposal. The new version includes some improvements, such as the restoration of homegrow rights and the addition of expungement provisions for individuals with prior cannabis convictions.
However, it is important to note that this is not the exact version of Issue 2 that Ohio residents voted on during the election. These changes highlight the power and influence of advocates and voters in shaping the final outcome of cannabis legislation.
The revised version also adds further complexity to the program, as it deviates from what was initially presented to voters. This raises questions about the transparency and integrity of the legislative process, especially for a highly contested issue like adult-use cannabis legalization.
Some notable proposed amendments are highlighted in House Bill 86 such as:
- Allows existing medical dispensaries to sell recreational products
- Specifies that THC limits for adult-use marijuana, flower 35% and extracts 50%
- Limits home grow to six plants per household, was originally twelve
- Prohibits transfer of adult-use or homegrown marijuana by persons other than licensed marijuana operators. Specifies that any person who engages in activities requiring a license without a license issued by DMC is guilty of trafficking in marijuana or the illegal cultivation of marijuana in violation of Ohio Drug laws
- Reduces the largest commercial cultivator from 100,000 square feet to 25,000
- Limits the total number of dispensary licenses that can be issued to 350
- Increases the rate to 15% from 10%
- Gets rid of all social equity provisions
- Allows counties, with voter approval, to levy up to a 3% excise tax on the retail sale of adult-use marijuana
- Permits a person who, prior to the bill’s effective date, was convicted of or pled guilty to a marijuana possession offense involving an amount of marijuana that is now legal to possess under the bill to have the record of their conviction or guilty plea expunged
“This bill would be a slap in the face to Ohio voters who decidedly passed a voter initiative that, while imperfect, had social equity at its core,” Cat Packer, vice chair of Cannabis Regulators of Color Coalition (CRCC) and director of drug markets and legal regulation at the Drug Policy Alliance (DPA), told Marijuana Moment.
“Thousands of outraged voters convinced the Senate to walk back its proposed gutting of home cultivation and to add a couple of positive provisions to HB 86—limited expungement and earlier sales,” Karen O’Keefe, director of state policies at the Marijuana Policy Project (MPP), told Marijuana Moment. “But the Senate’s gut-and-replace of Issue 2 still ramps up criminalization, increases taxes, caps potency, makes the sale of flower impossible, eliminates social equity, and does away with protections for child custody, organ transplants, and benefits.”
In order for the proposed changes to be enacted, the revised version of Issue 2 still needs to pass a concurrence vote in the House. This means that both chambers must agree on the final language before it can be sent to Governor Mike DeWine for his signature.
The current bill’s attachment to a non-controversial alcohol regulation measure may make it easier for it to pass in the House. However, there is also a separate measure being considered by the House which proposes different changes to the marijuana initiated statute.
As the legislative process continues, advocates and stakeholders will closely monitor the developments and advocate for their priorities to be included in the final version of Issue 2 that will ultimately shape Ohio’s adult-use cannabis program. It is crucial for the voices of Ohio residents to be heard and considered in this ongoing discussion. Nonetheless, these recent events showcase the dynamic nature of state congress and highlight the need for continued advocacy and engagement on issues surrounding cannabis legalization.
The back-and-forth nature of the past week in state congress serves as a reminder that politics can often complicate the process of enacting legislation, even when voters have clearly expressed their desires through ballot initiatives. Despite the proposed revisions, it is important for the will of the people to be respected and for the initial version of Issue 2 to be given a fair chance to be implemented before making any significant changes.
In the end, it is the responsibility of lawmakers to ensure that any revisions made to Issue 2 truly reflect the will of Ohio residents and promote equity in their adult-use cannabis industry. Until then, the people of Ohio will continue to advocate for a fair and inclusive marijuana program that reflects their desires and values.
So while the future of Ohio’s adult-use cannabis program remains uncertain, one thing is clear: the conversation and efforts towards legalization are far from over. It is important for all stakeholders to stay informed and engaged in this ongoing process, as it will ultimately shape the framework for a successful adult-use cannabis market in Ohio.
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