An Ohio bill to significantly revise the state’s marijuana program, while adding new restrictions to the hemp market, has hit a roadblock—with the Senate soundly rejecting the latest amended version that advanced out of the House.
Last week, the House approved changes to the legislation introduced by Sen. Stephen Huffman. The members reformed some controversial provisions while maintaining other language that advocates claim undermines voters’ will who approved legalization for 2023.
The Senate, on Wednesday, voted 32-0 to reject the House’s amendments. This could set the stage for the formation of a bi-cameral conference committee that would resolve the differences.
Both major parties expressed their opposition to SB56 as it was revised in the House. Their main concern was the intoxicating products made from hemp.
Shane Wilkin said, “They failed to close a loophole that allows synthetic THC.” The bill also allows for the continuing sale of untested and unregulated synthetic THC. [products]—which means packages that are designed and directed toward kids. “They’re not kid-proof.”
You can watch the Senate debating the cannabis bill starting at around 24:45.
As drafted, he complained, there would be no zoning laws to limit the number of hemp shops or to keep them away from marijuana dispensaries. Local governments will not have the power to ban hemp business from their jurisdiction.
Sen. William DeMora (D) concurred with his colleague, saying “there’s so much in this bill that has changed from what we passed here—a lot of it not for the better.”
The governor was stopped from doing something because he did not do it properly. We can now do something about these problems. [and] He said that he was referring to the governor. Mike DeWine’s (R), executive order temporarily prohibiting sales of intoxicating products made from hemp is currently being blocked by a lawsuit.
Senate President Robert McColley, a Republican, said separately on Wednesday that it is “abundantly obvious” that “we need a regulatory framework around intoxicating products.” But his chambers’ “concerns, which were fairly well enumerated today, were that there were many loopholes left in this legislation.”
While the current bill’s supporters have described it as a less heavy-handed approach compared to the original Senate measure, the legislation would make substantive changes to the existing legalization law—with several provisions that advocates say directly contradict the will of voters and represent overreach on the part of lawmakers.
This proposal will, for instance, remove the language that currently protects people who are lawfully using cannabis from discrimination. The protections are meant to stop adverse treatment in areas such as child custody, eligibility for organ donation and professional licenses.
The law would also criminalize the possession of marijuana that comes from any other source than a dispensary licensed by Ohio’s state or a homegrown legal cannabis. People who carry cannabis that they purchased from a Michigan retailer could be charged as a criminal.
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. Infringing on this latter policy is a misdemeanor, regardless of whether it’s vaping marijuana in the backyard or rented home.
Contrary to the Senate version, the House alternative would transfer tax revenues generated by cannabis sales directly to local governments.
New advertising regulations will prevent youth appeal. On-site products would have a maximum of 5mg THC. Adults could purchase drinks with up to 10mg, however.
The bill would also create a $1.20 per gallon tax on hemp drinks.
The Senate’s latest vote of concurrence came weeks after Governor issued emergency regulations prohibiting the 90-day sale of hemp intoxicants, and instructed the Legislature to examine permanent regulation. A county judge had, in the past month, ordered that state not enforce this policy due to legal challenges.
In an interview that appeared last week, Governor said: “It’s true the Legislature hasn’t taken any action.” “I am still optimistic that the Legislature will take actual action.”
House Speaker Matt Huffman commented recently about the relative lack progress made in passing marijuana and hemp legislation after voters approved it in ballots 2023.
He said that there are people who “believe that marijuana should not be legalized, but rather regulated,” and others who “believe that hemp products are equal to everything in the introduced statute.” “There are also prohibitionists like myself who do not think that it should ever be legalized, and that it shouldn’t be used at all,” he added.
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Meanwhile, last month, the Ohio Department of Cannabis Control (DCC) filed new 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 stated that funding for police training is a high priority, regardless of whether it’s included in the 2023 ballot measure.
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.
Mike Latimer provided the photo.
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