On Tuesday, an Ohio Senate panel heard testimony on a bill to substantially alter Ohio’s voter-approved marijuana legalization law by cutting in half the number of plants adults can legally cultivate, creating new criminal offenses, and repealing certain social equity provisions.
Most testimony heard by the Senate General Government Committee–which will vote either this week or next–was strongly opposed to Sen. Stephen Huffman (R). Huffman introduced Senate Bill 56 (or SB 56 for short).
“SB 56 does not simply clean up an already passed citizen-initiated statute,” stated ACLU of Ohio in written testimony. Rather, “it serves as an insult against those and businesses that wrote, supported and implemented (so far) $319 Million of adult use sales.”
ACLU officials advised lawmakers against passing bills too quickly, writing: “Your constituents deserve an opportunity to express themselves fully on an issue they voted so overwhelmingly in support of before being treated as political objects by politicians.
Written testimony submitted for Tuesday’s hearing included only one piece that supported it compared with 43 opposing pieces that had previously been filed; by comparison, testimony at another public hearing held last month focused mostly on proponents’ testimony.
Initial versions of the bill would have raised state excise tax on marijuana products from 10 percent to 15% and altered how taxes are redistributed among local governments; but those provisions have since been taken out with approval by committee at Tuesday’s hearing.
Another change made to the substitute involves expanding a buffer zone between marijuana retailers from half to one mile; according to Chair Sen. Kristina Roegner (R), this change came at the request of both state’s Division of Cannabis Control as well as existing businesses.
Roegner announced Tuesday that SB 56 committee vote would likely occur next week instead. She suggested reconvening to further consider it during its consideration process.
Huffman’s bill proposes other provisions as well, which would limit adults to cultivating only six plants for personal use instead of the current 12, lowering THC content restrictions from 90% down to 70%.
Under this proposal, dispensaries would be limited to 350 while licensed retailers must service both adult-use consumers and medical cannabis patients. Furthermore, the state Division of Cannabis Control would no longer need to establish rules permitting marijuana deliveries and online purchases.
Cannabis reform advocates have denounced this measure as an outrage against voters’ will.
“SB 56 could create a legal minefield by criminalizing innocuous behavior such as sharing cannabis, smoking or vaping in one’s own backyard and having edibles in one’s car that were ever opened,” wrote Karen O’Keefe of Marijuana Policy Project’s director of state policies; it would lower potency caps while dismantling social equity jobs programs as well as nondiscrimination protections designed to ensure responsible cannabis consumers do not face being denied child custody, medical care including lifesaving organ transplants as benefits from benefits programs or any benefits programs offered through employment programs or benefits programs;
O’Keefe described details of O’Keefe’s proposal as needlessly burdensome and nonsensical in her testimony before Congress, noting that anyone caught vaping or smoking marijuana aboard a vessel would face a minimum three-day minimum jail sentence that may extend up to six months; due to restrictions proposed for sharing cannabis between spouses “Spouses would require separate cannabis ” Imagine being forbidden from sharing bottles of wine among friends and family
O’Keefe noted, “Voters spoke when they approved Issue 2. SB 56 drastically restricts these freedoms, protections, and commitment to justice that voters approved – replacing them instead with suspicion, trip wires, and criminalization.”
O’Keefe wrote to MEDCAN24 on Tuesday to state her frustration that Ohio voters approved legalization by 57%, thus rendering SB 56 an insult.
She described it as dramatically diminishing the freedoms, protections and commitment to equity and justice that voters approved of. Instead of legalization for adult-use marijuana use it instead creates trip wires of recriminalization that criminalise everything from passing around a joint or vaping on your porch.”
Simon Dunkle IV, Executive Director of Ohio NORML advised lawmakers that it’s impossible to address what you don’t understand and wrote that public servants “have the responsibility of carrying out the Will of the People rather than serving a monarchy or oligarchy.
Testimony from some critics has already led to changes to Huffman’s bill, such as dropping previous amendments that changed tax distributions as an answer to complaints by local governments largely opposed to his proposal as it stands.
Kent Scarrett, Executive Director of the Ohio Municipal League – which represents more than 730 cities and villages – provided testimony for this hearing that while his organization appreciates SB 56’s efforts at expanding local government authority over cannabis businesses in their jurisdictions, municipalities were concerned by its proposed changes to revenue distribution and asked lawmakers not to approve this bill. He requested lawmakers reject it instead.
“We urge the Legislature to continue supporting communities that host marijuana facilities by maintaining funding so these municipalities can assess where need is greatest in their communities and seek ways to make an even greater difference,” wrote Rep. Patrick Murphy (D).
Ohio Mayors Alliance did not take an official position on this measure but expressed reservations over its Host Community Fund, which collects 36 percent of state tax revenue generated from marijuana use and distributes it back into local communities as host community grants.
Reducing Ohio’s revenue sharing fund would be both unfair and neglectful to local communities who depend on its presence, according to the group. Furthermore, doing so would ignore real needs incurred by taxpayers investing in local police forces such as monitoring duties for recreational marijuana legalization activities in Ohio and training requirements that will come with recreational legalization policies in other states.
While SB 56 appears to have eliminated an increase in excise tax rate, Governor Mike DeWine (R) has made clear his intention of increasing it through budget processes to 20 percent of current rate.
Sen. Bill DeMora (D), during an earlier committee hearing late last month, asserted that this proposal amounts to legislators telling voters: ‘To hell with you; you don’t know what you’re voting on!” Even though an overwhelming majority passed it with ease in California, we know better what was on their ballot than they ever could.
Huffman, as sponsor of this legislation, maintains it does not aim to “abolish ballot initiatives.
“My aim is to work around the edges to improve it,” Huffman stated. While certain Democrats have shown some willingness to modify cannabis legislation, Huffman’s proposed modifications regarding home cultivation issues appear too drastic for many lawmakers to accept.
Sen. Casey Weinstein (D), for instance, has stated there is bipartisan agreement on protecting children during marketing efforts for cannabis products as well as sensible restrictions on where it may be consumed, but not on undermining fundamental aspects of what voters approved in November 2016.
Ohio’s Republican House Speaker appears to have reversed course on Ohio’s marijuana law, abandoning plans he had previously stated for dismantling provisions like home cultivation rights that voters approved of via ballot initiative.
Conflict between Senate and House Republican leadership near the end of last session contributed significantly to delays with amendment proposals, making consensus less likely than before as market conditions change and consumers adapt to law changes. It remains to be seen if both chambers can come to agreement this round or not as the market evolves and customers adapt.
Speaker Matt Huffman (R), former Senate president, expressed that while he still opposes voter-approved reform measures for marijuana legalization, no one in the legislature “realistically suggests” repeal of legalization altogether.
“I don’t support it; nor did I support casinos coming to Ohio; however, there’s plenty in our Constitution and laws which I disagree with,” he stated.
At that point, Speaker Ryan stated he no longer supports plans to broadly weaken cannabis law despite having supported legislation as Senate leader last session that would reduce allowable THC levels, limit how many plants adults could grow at home and raise costs at dispensaries.
Initial changes proposed by Matt Huffman would have eliminated Ohio adults’ right to home cultivation altogether while criminalizing all cannabis obtained outside a state-approved retailer.
While some Democratic legislators have signaled they might support some minor revisions – for instance allocating cannabis tax revenue toward K-12 education – many supporters of voter-passed legalization initiatives remain staunchly against any attempt by legislators to subvert or alter what was approved by majority.
NORML recently initiated a letter-writing campaign encouraging Ohioans to tell their state representatives not to interfere in Issue 2.
“Even before Ohioans had time to digest its new law, lawmakers are calling upon legislators to change or repeal parts of it, while prohibitionist groups encourage lawmakers to take legislative actions which defy voter wishes,” according to NORML’s analysis. We cannot let such groups accomplish through backroom deals what they couldn’t achieve at the ballot box – only when their will is respected can true democracy flourish in Ohio.”
As 2024 came to an end and Ohio implemented its newly legalized marijuana legislation, officials announced adult-use cannabis sales surpassed $242 million in sales volume.
As Ohio lawmakers prepare to begin the 2025 session, lawmakers are also set to consider key reforms of Ohio’s hemp laws. Last November, state representatives took testimony regarding Stephen Huffman’s proposal that would prohibit intoxicating hemp products in Ohio; Gov. Mike DeWine had called upon lawmakers to regulate or ban delta-8 THC products.
Separately, Ohio recently legalized adult-use cannabis; yet despite that fact, the U.S. Department of Veterans Affairs Cincinnati health center issued an announcement last summer reminding government doctors they are barred from prescribing cannabis to veterans under federal law as long as cannabis remains classified as Schedule I controlled substance.
GOP Congressman Files Bill to Allow Military Veterans Access Medical Marijuana Recommendations From Government Doctors
Philip Steffan kindly provided this photo. MEDCAN24 relies on support from readers like you; if our cannabis advocacy journalism helps keep you informed, consider becoming a monthly Patreon pledge (var js,fjs = d.getElementsByTagName(s), [0], return; umplut or (d.getElementById(id), return);,
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