An Ohio Senate committee has approved a bill to make significant changes to the state’s voter-approved marijuana law—by halving the number of plants adults could grow, adding certain criminal penalties and removing select social equity provisions, among other revisions.
In a 5-2 decision, the Senate General Government Committee approved the bill from Senator Steve Huffman. This legislation will now be sent to the Rules and Reference Committee, which is preparing it for the full Senate vote on Wednesday.
It comes a little over a week since the committee held an hearing, took testimony and approved a replacement version. The panel also adopted a substitute on Wednesday that clarified that the THC limit per package does not apply to products that are intended to be burned, and that people who have felony convictions cannot obtain a marijuana licence. It would also prevent those with criminal records from being able to get a license, as well as restore the right of growers at level 2 to increase their operation to 15 square feet.
In its original form, this bill was intended to raise the state excise tax rate on marijuana products to 15 percent. It would also have changed how local governments are refunded taxes. These tax provisions, however, were dropped at the last hearing due to separate plans for adjusting the tax rates in the broader budget legislation.
Democratic committee members offered several amendments. Several of them sought to reduce some of the changes proposed to the law approved by voters. The Republican majority of the committee, however, defeated all.
As an example, the substitution approved by the committee lowers the maximum number of plants that can be grown at home from 12 to 6. A compromise was reached by increasing the limit to nine.
Huffman, who made the motion, said, “This bill is about being reasonable and right.” He also stated that, “Initially, we started out with just two plants. We compromised to up to six. I think that continuing to have six plants is reasonable and right.”
The current law allows adults to grow 12 plants of cannabis at home.
Reform advocates are opposed to the bill because it, among other things, would criminalize adult sharing, smoking, or vaping cannabis in the back yard of someone, as well as transporting unopened sweets and edibles. This legislation would also remove non-discrimination provisions to protect cannabis consumers from being denied custody of their children, or access to health care and other public benefits.
Some of the other Democratic amendments defeated on Wednesday in committee included proposals to restore the social equity program and the jobs that this bill is trying to eliminate. It also includes reimbursements for people who have had their cannabis records expunged. Original language was maintained around the public smoking rules.
This committee also rejected the amendment which allowed localities a chance to decide on an extra three percent of tax for local art programs. It would have increased canopy space in all three cultivator levels.
In the final version of the bill, it was also stated that DCC (the state Division of Cannabis Control) is no longer required to create rules regarding marijuana delivery and online sales.
Before Wednesday’s hearing the ACLU of Ohio released a call for action. It urged people to contact representatives and voice their opposition to proposed changes in the existing law.
🚨Ohio’s laws on adult use cannabis are being rewritten.
🗣️SB 56 has been starred as a vote in a Senate committee at 9am. This means that it may pass today afternoon.
📲This fight is far from over and we need your help in pushing back: https://t.co/nsOZ8Fg92k pic.twitter.com/vXxL7opqZl
— ACLU of Ohio (@acluohio) February 26, 2025
The increased tax rate has been removed from SB 56’s latest version. Mike DeWine (R) has separately indicated plans to double the double the current tax rate via the budget process, raising it to 20 percent.
Democrats who have expressed a desire to tweak the law on cannabis are now saying that Huffman’s proposals to amend provisions such as those relating to home-grown marijuana go too far.
Casey Weinstein, a Democratic senator from California for instance, said that there is “definitely bipartisan agreement on protecting children in the marketing of cannabis and reasonable limitations as to where it can be used,” but no support for undermining basic components of what voters have approved.
Ohio House Speaker, Republican, seems to be changing his mind about the state’s cannabis law. He has retracted his previous plan to weaken provisions such as the home cultivation right.
In the final days of the previous session, conflicts between Senate Republican and House Republican leadership played an important role in delaying amendment proposals. There’s no way to know if both chambers can reach agreement this time, particularly as the markets continue to develop and consumers adapt to the new law.
House Speaker Matt Huffman is the cousin and former Senate President of SB 56. He said that he still opposes this reform, but that he believes that no one in the legislative branch “realistically” suggests we will repeal marijuana legalization.
“I don’t like it.” The casinos in Ohio were not something I was for either. There are lots of things that the Constitution or the laws contain that I dislike,” he added.
To that end, the speaker indicated he’s no longer interested in pursuing plans to broadly undermine the cannabis law, despite having backed legislation as a Senate leader last session that would have decreased allowable THC levels in state-legal cannabis products, reduced the number of plants that adults could grow at home and increased costs for consumers at dispensaries.
Initially, changes backed by Matt Huffman last year would have eliminated home cultivation rights entirely for Ohio adults and criminalized all cannabis obtained anywhere other than a state-licensed retailer.
While some Democratic members of Congress have said they would be open to making certain changes, like putting certain marijuana tax revenues towards K-12 schooling, others who support the initiative for legalizing cannabis, which was passed by voters, are against legislators undermining the will of those majority.
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Meanwhile, as 2024 came to a close with the new marijuana legalization law in effect, Ohio officials announced the state saw adult-use cannabis sales exceed $242 million.
As lawmakers begin the session of 2025, they are expected to also consider important changes to the hemp laws in the state. Legislators heard testimony in November on a proposed ban of intoxicating hemp-based products. Steve Huffman was the author of the marijuana reform bill. He introduced it after the Governor asked lawmakers to either regulate or prohibit delta-8-THC products.
The 2025 legislative session will begin with lawmakers expected to make significant changes to hemp laws in the state. Legislators heard testimony in November on a proposed ban of intoxicating hemp-based products. Huffman, who sponsored the marijuana bill revision, presented this proposal after the Governor called for lawmakers to either regulate or prohibit delta-8-THC products.
Separately, despite legalization of adult-use cannabis in Ohio, the U.S. Department of Veterans Affairs’s (VA) Cincinnati health center issued a reminder last summer that government doctors are still prohibited from recommending medical cannabis to veterans—at least as long as it remains a Schedule I controlled substance under federal law.
Virginia legislators send batch of marijuana bills (bills) to GOP governor, who had previously rejected legalization.
Philip Steffan provided the photo.
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