A bill proposed by Sen. Stephen Huffman (R-Tipp City), Senate Bill 56, brings forth changes to the citizen-passed statute to legalize the use of recreational cannabis or marijuana.
The bill was passed Wednesday, Feb. 26 by the Ohio Senate in a 23-9 vote. The previously initiated statute from 2023, would see some potential changes. Dr. Nicole Kalaf-Hughes, a political science professor with a state and local government specialization, explained.
“The recreational use law passed by voters was an initiated statute so the Ohio legislature has the ability to make changes.” Kalaf-Hughes said. “This is different than a constitutional amendment. Constitutional amendments cannot be changed by lawmakers in a regular policymaking process – they would require another constitutional amendment to go before voters in an election to make changes.”
The bill was introduced to the House on Monday, March 3 and referred to the committee on Wednesday, March 5. Some changes signed off by the Senate are, reducing the maximum THC content in cannabis extracts from 90% to 70%, prohibiting any non-sanctioned transfer of cannabis between two people regardless of age, raising the sales tax from 10% to 15%, prohibiting possession of marijuana purchased out of state, and more.
“What the legislature is trying to do is reduce the allowable levels of THC, limit home grow amounts, and making it illegal to buy and bring marijuana across state lanes. These changes do not replace the statute that voters passed, but make changes in line with the preferences of the legislature,” Kalaf-Hughes said.
Following that bill, House Bill 160 was introduced in the House on Thursday, March 6. It was introduced by State Rep. Brian Stewart (R-Ashville), the bill looks to enforce similar regulations on factors like advertising and the number of dispensaries but allow the current number of homegrown plants to stay the same, 12, and not place limits on the amount of milligrams that can be in a package. While the Senate bill, caps it at 100 milligrams per package along with 10 milligrms per individual serving limiting consumers to one edible from a container.
The House bill discusses delta-8 THC, tetrahydrocannabinol. A proponent of weed that has gone unaddressed by legislation. The psychoactive cannabinoid is contractible in cannabis plants in smaller amounts. As an isomer of delta-9 THC, the main compound in marijuana, it has weaker effects.
It is currently legal in Ohio under the 2018 Farm Bill and SB 56. As long as the THC concentration is .03% it can be sold, often found at gas stations. The bill notes that it is to be capped at two milligrams of THC per package and no more than .05% per serving. It would ban delta-8 from being sold at gas stations, restricting them only to retail dispensaries.
As both bills make their way through the chambers, representatives will look to reach an agreement or come to a compromise for further movement to end up at Gov. Mike Dewine’s office or the bills face termination.
