On Wednesday, an Ohio House Committee heard hours of testimony from the public about a proposed bill to make major changes to Ohio’s legalization for adult use marijuana law that was passed by voters in 2020. Members of the Ohio House committee said that despite overwhelming criticism from advocacy groups and commenters, they will be making further changes to the bill.
In response to the public’s pushback, the House Judiciary Committee took steps immediately to soften SB 56. A hearing that took place late last year approved changes to the restrictive bill, SB 56. These included the removal of some restrictions in an earlier version passed by the Senate.
Rep. Jamie Callender, (R), long-time cannabis reform supporter, assured speakers at the hearing that they were being heard, and more amendments would be forthcoming.
Callender thanked everyone for their participation. Last week, as a direct result of this discussion, we introduced a replacement bill that addresses a few of the concerns you raised. We are currently negotiating on amendments that will address some of these other issues. This is why it’s not being voted today.
The very specific topics you brought up have been worked on, or they will be in the coming weeks or months,” he said. “I want to say thank you for everyone who is here today. You’ve made a difference. It’s going make for a better product. And I’m optimistic that you may not be perfectly happy, but you’re going to say, ‘You know, this is OK,’ when it comes up.”
Drug reform advocates have criticized both SB 56 and its House counterpart, HB 160, as restrictive measures that would undermine the will of voters who passed the state’s legalization law, Issue 2.
According to last week’s bill hearing, new amendments already made would repeal the previous criminal punishment for adult sharing of marijuana and intoxicating products of hemp, provided the sharing is done on private land.
If they provide separate areas for smoking and vaping, certain outdoor concert venues will be exempted as well from open consumption laws.
A provision which would have established a minimum mandatory sentence for anyone caught in a car consuming marijuana on the passenger’s seat was also deleted by the committee amendment.
The amended bill allows THC-infused drinks containing five milligrams or less of THC to be sold in all stores in the state, not just dispensaries. THC-infused beverages would face a $3.50 tax per gallon.
Intoxicating hemp products would be subject to a 10 percent tax separate from marijuana products.
Although the amendment to the bill would not allow for the production of products with high potencies, the Division of Marijuana Control may be able to increase this limit by a rule.
Licensed dispensaries would also be able to sell and transfer marijuana to other license holders.
The amount of revenue that municipalities receive from cannabis sales was increased to 25% of the state’s cannabis revenues for seven years. It’s more than what was proposed in any other marijuana legislation this session.
At the hearing on Wednesday, opposition still gathered to demand further changes despite recent reforms.
According to written testimony from the Marijuana Policy Project, which has attacked the legislation since it was introduced, they “strongly opposed” the current version of the law. They also claimed that the proposed bill would punish adults “for innocuous behavior that’s legal with alcohol.”
MPP, for example, says that the bill, in its present form, would prohibit adult marijuana users from sharing their homegrown product. Only products bought from state licensed stores could be shared.
According to MPP, sharing cannabis would be prohibited at any other location than the person’s main residence. For example, “people staying at friends’ houses could not bring cannabis with them,” and people who were camping “couldn’t take edibles along” while “those visiting from outside of state and those homeless couldn’t carry cannabis.” Anywhere.”
The group warned that drivers could be charged with misdemeanors for having lotions, edibles, or any other products infused, unless they are kept in the trunk, or in a similar location.
In its written testimonies, MPP stated that this was “nonsensical” for lotions or tinctures. This is also not logical for edibles that don’t take effect until an hour later and wouldn’t affect a driver at all if used by passengers.
According to the testimony of this group, SB 56 still contains elements that are illegalizations that were approved by voters such as programs for jobs and social equity.
The bill also eliminates new product categories and business opportunities, removes funding for legal aid and expungement, reduces revenue shares for host communities, and sunsets or eliminates them altogether. It may even eliminate the option for cities to opt-in late for local dispensaries.
Cat Packer (director of drug markets, legal regulations, and practitioner-in-residence at Ohio State University’s Drug Policy and Policy center) told a panel of experts on Wednesday: “It appears as though the Ohio Legislature is determined to disregard the wishes of Ohio voters.”
First, she recommended to lawmakers that they “eliminate new criminal punishments established in these bills.”
Packer explained that if we do not remove every new criminal sentence, then it is unlikely we will understand the meaning of legalization.
Her criticism of legislators who have weakened the social equity program, which was approved by voters, is also noteworthy.
“If it’s the word ‘equity’ that concerns you, please, by all means, rename the program,” Packer urged. Packer said, “But do not abandon Ohioans or Ohio communities because this is what would happen if you abandon the program.
She added, “We need to create opportunities for minority and small businesses.” It was intended that this program would not only provide a path to inclusion for minority businesses, but also disabled veterans. “You would also be ignoring those people.”
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Packer added that the host community should receive a percentage of revenue, and not for just seven years as stated in the latest draft of the bill, but rather “perpetually.”
What is your money’s location? “Where is the money?” “She said. “It’s ours. “It belongs to Ohio Communities.”
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.
Rep. Brian Stewart(R) stated at a previous committee hearing, that the latest provision on host community financing was the most generous legislative offer all session.
The Senate’s version of this bill had a zero percent allocation. “The governor’s version was zero percent” he added, pointing out that HB160 itself originally set a 20% allocation over five years. “We’ve increased this to 25 per cent over seven-years.”
Stewart said he hopes the Senate either approves the changes made or lawmakers can “perhaps have a brief conference committee” in order to work out remaining details.
Callender expressed his hope for more changes at the time. These appear to have been discussed at Wednesday’s meeting.
Meanwhile in Ohio, adults are now 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.
Effective Wednesday, adults can purchase up to 2.5 ounces of flower cannabis per day—a significant increase compared to the prior daily transaction limit of one ounce. This change allows consumers to purchase marijuana up to the state’s 2.5-ounce limit.
On Tuesday, a spokesperson for the Department of Commerce told MEDCAN24 that, “when the non-medical product program was launched, non-medical sale limits were lower, primarily in order to ensure an adequate supply of medical products.”
The report said, “An additional review of inventory data confirms this increase adjustment until the limits set forth in statute.”
The budget proposal from the governor. Mike DeWine, a Republican governor in the state of Ohio, is another potential candidate to make changes to marijuana law. As proposed, it would remove local tax allocations of medical marijuana revenue and double the state cannabis tax rate to 20 percent—though legislative leaders have said they will be removing the tax increases.
Meanwhile, DeWine in March 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.
In the same month in the Legislature, Sens. Steve Huffman (R) and Shane Wilkin (R) introduced legislation that would impose a 15 percent tax on intoxicating hemp products and limit their sales to adult-use dispensaries—not convenience stores, smoke shops or gas stations
DeWine has repeatedly asked lawmakers to regulate or ban intoxicating hemp products such as delta-8 THC.
GOP Congressional Committee Proposes Ban On Hemp Products With THC That Advocates Say Would Have ‘Devastating’ Impact On Industry
Side Pocket Images. Image courtesy Chris Wallis.