
James Sandy

David Waxman
While the Ohio Legislature’s May 3, 2023, deadline to put forth adult-use legislation to avoid a ballot initiative went up in smoke, Ohioans have continued pushing forward in their attempt to legalize adult-use cannabis. And, perhaps reading the tea leaves, a bipartisan bill was just introduced in the Ohio House to legalize recreational marijuana, while the Ohio Senate opted to move forward with additional legislation for Ohio’s existing medical marijuana program.
House Bill 168 – Ohio Adult Use Act
In mid-May 2023, a bipartisan bill known as the Ohio Adult Use Act (HB 168) was introduced in the Ohio House. The legislation would not only legalize cannabis use for adults 21 years and older but also includes numerous social justice reforms that many cannabis reformers desire. Some of the highlights of the proposed legislation include:- Establishes the Division of Marijuana Control (DMC) within the Department of Commerce (DOC), which would replace the current Medical Marijuana Control Program (MMCP). The DMC would regulate both adult-use and medical marijuana, as well as marijuana cultivators, processors, and marijuana testing labs. Presently, the MMCP is regulated by the DOC, the Ohio Board of Pharmacy, and the Medical Board of Ohio.
- The bill would allow adults aged 21 and over to possess up to 50 grams (or just under 2 ounces) of flower and up to 8 grams of marijuana concentrate. Interestingly, the bill also would allow possession of hashish, specifically allowing possession of less than 8 grams of solid form hashish and 2 grams or less of liquid concentrate, liquid extract, or liquid distillate form. The bill would also legalize home cultivation, permitting adults to possess up to six plants in their own homes.
- No more than one license per 60,000 residents of the state would be permitted to be issued prior to January 1, 2027 (based on the state’s 2021 population of 11.78 million, that translates to no more than 196 licenses statewide). After January 1, 2027, the DOC would be required to review the number of licensed retail dispensaries on at least a biennial basis to determine whether additional licenses should be issued.
- The DOC would be required to provide for the licensure of marijuana cultivators, processors, retail dispensaries, and marijuana testing labs not later than eight months after the bill’s effective date.
- The bill would limit THC content to 35% in plants and 90% in extracts.
- While a city or township would be permitted to prohibit or limit the number of licensed cultivators, processors, or retail dispensaries within its territory, they may not limit, prohibit, or criminalize activities authorized by the bill.