mcglinchey: The Hits Keep Coming to Ohio Marijuana: Legislature Proposes More Limits to Adult-Use Law

By  on 

Last week the Ohio House proposed legislation designed to revise a number of aspects of Issue 2, the Ohio Marijuana Legalization Initiative, passed by over 57% of Ohioans in November. Today, the Ohio Senate proposed its own revisions to Issue 2, which, if passed, would have significant repercussions on the newly enacted law.

The Senate’s proposed revisions to Issue 2, added to House Bill 86, would impact everything from home grow to the levels of THC permitted in adult-use products. Of note, the Ohio Senate’s revisions would do the following:

  • Outlaw home grow. Issue 2 currently allows Ohioans to grow six plants per person (indoor and outdoor) and 12 plants per household.
  • Increase tax on cannabis from 10% to 15%.
  • Decrease the personal possession limit from 2.5 ounces to 1 ounce.
  • Change how tax revenue is spent and allocated. Like HB 341, the Senate has proposed that the majority of tax revenue generated from adult-use cannabis go to the State’s general fund (45%) and law enforcement training (30%).
  • Reduce the levels of THC. Issue 2 mandates that regulators set a maximum allowable THC content for adult-use products, and that number must be at least 35% for plant material and 90% for extracts. The Ohio Senate has proposed reducing these maximums to 25% and 50%, respectively.
  • Outlaw public consumption of cannabis. Under the Senate’s proposal, adult-use cannabis would only be permitted to be smoked or consumed in private residences.
  • Outlaw certain types of edibles and products, including, but not limited to, products in the shape of bears, cartoons, and fruit.

Issue 2 takes effect on December 7, 2023, and it is clear that the Ohio legislature is trying to make revisions to the law before its effective date. It remains to be seen whether this last-minute push will be successful, however, as the leader of the Ohio House has balked at the quick timeline proposed by his counterparts in the Ohio Senate. McGlinchey’s cannabis team will continue to keep you up to date on all things cannabis in Ohio, and throughout the country on the greenleafbrief.com.

 

Top 200 Cannabis Lawyers

We Support

Cannabis Law Journal – Contributing Authors

Editor – Sean Hocking

Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild