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

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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


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