Politics
Ohio Lawmakers Pass Bill To Roll Back Voter-Approved Marijuana Law And Impose Hemp Restrictions, Sending It To Governor
The Ohio Senate has voted to concur with a House-amended bill to scale back the state’s voter-approved marijuana law and ban the sale of hemp products that fall outside of a recently revised federal definition for the crop unless they’re sold at licensed cannabis dispensaries.
The measure from Sen. Stephen Huffman (R) was substantively revised in the House last month, but the originating chamber voted 22-7 on Tuesday to accept those changes and send the legislation to Gov. Mike DeWine’s (R) desk.
The legislation now pending the governor’s signature would recriminalize certain marijuana activity that was legalized under a ballot initiative that passed in 2023 as well as remove anti-discrimination protections for cannabis consumers that were enacted under that law.
After the House revised the initial Senate-passed legislation, removing certain controversial provisions, the Senate quickly rejected those changes in October. That led to the appointment of a bicameral conference committee to resolve outstanding differences between the chambers. That panel then approved a negotiated form of the bill, which passed the House last month and has now cleared the Senate.
To advocates’ disappointment, the final version of the measure now heading to the governor’s desk would eliminate language in current statute providing anti-discrimination protections for people who lawfully use cannabis. That includes protections meant to prevent adverse actions in the context of child custody rights, the ability to qualify for organ transplants and professional licensing.
It would also recriminalize possessing marijuana from any source that isn’t a state-licensed dispensary in Ohio or from a legal homegrow. As such, people could be charged with a crime for carrying cannabis they bought at a legal retailer in neighboring Michigan.
Additionally, it would ban smoking cannabis at outdoor public locations such as bar patios—and it would allow landlords to prohibit vaping marijuana at rented homes. Violating that latter policy, even if it involves vaping in a person’s own backyard at a rental home, would constitute a misdemeanor offense.
The legislation would also replace what had been a proposed regulatory framework for intoxicating hemp that the House had approved with a broad prohibition on sales outside marijuana dispensaries following a recent federal move to recriminalize such products.
“In short, this bill leaves the crux of Issue 2 and marijuana access intact, while providing for several important public safety concerns and also regulations that protect Ohio children,” Huffman argued on the Senate floor ahead of Tuesday’s vote.
Sen. Bill DeMora (D), however, said the legislation undermines the will of voters.
“I want to take a step back to November 7 of 2023, when 2,226,399 Ohioans voted yes on a measure titled, ‘the regulate marijuana like alcohol initiative.'”
“That’s 57.4 percent of all Ohioans coming to say loud and clear that they know that marijuana is no more dangerous than alcohol, that the thousands of Ohioans that were arrested for smoking a joint should never been arrested, that they want to grow weed at their residence, that they wanted three levels of cultivator dispensary licenses, and they wanted money going to local communities,” he said. “In those two years this body has done everything in its power to give Ohio voters the finger.”
“It’s a spit in the face to the voters,” DeMora said.
Last month, Huffman defended the upheaval of the state’s marijuana law, saying voters approved an initiative that amended the state’s revised code, not its Constitution, so they “knew that the General Assembly could come at any time” and “pass a bill to get rid of the entire thing.”
“But we’re not,” he said. “I think overall, for the average person that does recreational or medical marijuana, this bill will make it better… It’s going to be reasonable for most Ohioans.”
Under the bill, hemp items with more than 0.4 mg of total THC per container, or those containing synthetic cannabinoids, could no longer be sold outside of a licensed marijuana dispensary setting. That would align with a newly enacted federal hemp law included in an appropriations package signed by President Donald Trump last month.
The federal law imposing a ban on most consumable hemp products has a one-year implementation window, however, and it appears the Ohio legislation would take effect sooner. For cannabinoid beverages specifically, however, a temporary regulatory program for those products would stay in place in Ohio until December 31, 2026.
The bill also includes language stipulating that, if the federal government moves to legalize hemp with higher THC content, it’s the intent of the Ohio legislature to review that policy change and consider potential state-level reforms to regulate such products.
“This bill has undergone a robust, thorough and collaborative legislative process, and I believe we have landed on a good faith compromise between interested parties while reinforcing guardrails for the protection of Ohio’s children,” House Speaker Matt Huffman (R) said last month, adding that he commends Finance Committee Chairman Brian Stewart (R) and other key proponents “for their committed work on this.”
In its final form, SB 56 would also allow distribution of a portion of marijuana tax revenue to localities where cannabis businesses operate.
The latest action comes months after the governor issued emergency rules prohibiting the sale of intoxicating hemp products for 90 days, with instructions to the legislature to consider permanent regulations. A county judge has enjoined the state from enforcing that policy in response to a legal challenge.
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Meanwhile, in September, the Ohio Department of Cannabis Control (DCC) filed proposed rules to build upon the state’s marijuana legalization law, laying out plans to update regulations on labeling and packaging requirements.
The proposal came weeks after Ohio medical and adult-use marijuana sales officially crossed $3 billion, data from the state Department of Commerce (DOC) shows.
The state sold about $703 million in recreational cannabis in the law’s first year of implementation, according to DCC data.
In March, a survey of 38 municipalities by the Ohio State University’s (OSU) Moritz College of Law found that local leaders were “unequivocally opposed” to earlier proposals that would have stripped the planned funding.
Meanwhile in Ohio, adults as of June are able to buy more than double the amount of marijuana than they were under previous limits, with state officials determining that the market can sustainably supply both medical cannabis patients and adult consumers.
The governor in March separately announced his desire to reallocate marijuana tax revenue to support police training, local jails and behavioral health services. He said funding police training was a top priority, even if that wasn’t included in what voters passed in 2023.
Ohio’s Senate president has also pushed back against criticism of the Senate bill, claiming the legislation does not disrespect the will of the electorate and would have little impact on products available in stores.
Photo courtesy of Mike Latimer.
