The Ohio state Senate took the first major step towards rolling back the voter-approved adult-use marijuana law that won at the ballot box in 2023, with the approval this week of Senate Bill 56, which now heads to the GOP-controlled House of Representatives for consideration.
According to The Columbus Dispatch, the bill, which passed on a party-line 23-9 vote, would:
- Remove the state’s cannabis social equity program and requirements for business licensure.
- Limit the number of dispensaries statewide to 350.
- Reduce the allowable cultivation canopy size for licensed large growers.
- Prohibit anyone convicted of a felony from holding a marijuana business permit.
- Cut in half the number of cannabis plants residents are allowed to grow at home, to six from 12.
- Prohibit personal gifting of marijuana.
- Impose a new minimum three-day jail term for anyone caught consuming marijuana in an automobile.
- Allow smoking and vaping only within private homes.
Although the bill doesn’t raise cannabis tax rates or cap THC potency, a tax hike is a proposal championed by Gov. Mike DeWine, who said recently he’d like to see the tax rate as high as 20%, as opposed to the current 10% excise tax. Potency caps have also been discussed by some lawmakers.
According to Cleveland.com, there are reportedly already 342 licensed dispensaries in the state, meaning the market wouldn’t grow by much more if SB 56 becomes law. A major topic also left untouched by SB 56 is the intoxicating hemp market; there’s no mention of new hemp business rules in the bill, Cleveland.com reported.
House leadership has also yet to introduce its own promised cannabis bill to change up the current market structure, so it’s quite possible that whatever bill eventually lands on DeWine’s desk will be substantially different from the version that just passed the Senate.
Ohio Democratic lawmakers decried the Senate bill as undercutting the will of the voters, given how drastically it changes what was written into state law by the 2023 ballot measure.
“We’re now trying to take away the rights of people by making lots of things that are legal today illegal, should this bill become law,” Sen. Bill DeMora, a Columbus Democrat, told The Dispatch.
But Senate President Rob McColley, a Republican from Napoleon, said the bill preserves the rights of citizens to purchase and consume full-strength marijuana.
“The access that they voted for, their ability to go to licensed dispensaries and to purchase these products, is not changing at all in this legislation,” McColley told The Dispatch. “Any assertion to the contrary is hyperbole.”
A possible tax rate increase is one of the outcomes that has Ohio cannabis companies most concerned, particularly given that there’s still a competitive illicit market, along with cheaper cannabis available in Michigan to the north and intoxicating hemp products that are surging in popularity.
“We need to compete with these alternative sources of cannabis,” Pete Nischt, a vice president with Akron-based Klutch Cannabis, told Crain’s Detroit earlier this month. “And we are talking not only about Michigan, but stuff imported from out West, illicit stuff and intoxicating hemp. We’ve been pretty clear that increasing the tax rate right now would be devastating.”