Lawmakers propose lower THC and possession limits, no home grow in change to Ohio's recreational marijuana law

COLUMBUS, Ohio (WCMH) -- Changes could be coming to the state’s recreational marijuana law that’s set to go into effect in on Thursday.   

Last month, 57% of voters legalized recreational marijuana for Ohioans 21 and over. The law voters approved also allow adults to grow up to twelve plants in their homes. On Monday, the Ohio Senate General Government Committee introduced Substitute House Bill 86 to make several changes to the law.

“It’s not to say that we’re completely going in the face of what voters voted for, there’s some provisions we are changing in some respects, but a lot of it was dealing with issues that must be dealt with,” Sen. Rob McColley (R-Napoleon) said.

The Senate’s proposal completely repeals the home-grow provision. McColley said opposition to home-grow centers on preventing cannabis from being transferred and sold illegally.   

Regulation as to the number of plants a person can grow is something Sen. Bill DeMora (D-Columbus) agrees with. But there's not much else in the proposal he finds satisfactory, he said.

“I’m not for six plants per person and 12 per household, I think it’s too much,” DeMora said. “I wanted two plants, but voters wanted plants, and now we have no plants.”  

The substitute proposal would also increase the tax buyers will pay at purchase from 10% to 15%. McColley said the 15% tax alone with generate $262 million once the program is fully operational.  

Changes to where the tax revenue will go:

• 30% to law enforcement training 
• 15% to the Marijuana Substance Abuse Treatment and Prevention Fund
  • The Ohio Department of Mental Health and Addiction Services is required to submit a proposed budget for spending each fiscal year.  
• 10% to the Safe Driver Training Fund
  • The Ohio Department of Public Safety is required to submit a proposed budget for spending each fiscal year. 
• 45% to the General Revenue Fund, which gives state lawmakers the authority on how to spend that money “to respond to changing needs in each budget.” 

This eliminates the tax revenue distribution Ohioans voted, including funding to the social equity program.  

“The social equity program, when you really got down to the nuts and bolts of it, it was tax revenue being collected to be put right back into the hands of the industry,” McColley said. “It was a tax grab by the industry to prop up more dispensaries within the industry.”   

The proposed bill makes it so smoking, aping and combustion are only permitted within a private residence. The bill bans public smoking, bans smoking while in a vehicle, and allows landlords to prohibit smoking.   

Employers also have the right to establish and enforce a drug testing policy, drug-free workplace policy or zero-tolerance policy. Under this proposal, any person who is fired from a job because of marijuana use is considered to be discharged for just cause.

THC and possession limits:  

• 25% THC content limit for plant material  
• 50% THC content limit for extracts (does not apply to adult-use marijuana that has not been fully processed)  
• Reduces possession limits to:
  • 1 ounce for plant material  
  • 5 grams for extracts  
  • 500 milligrams of THC in any form, like edibles  

 “We wanted, as a matter of public policy, to make sure that it was safe, to make sure that we are protecting Ohioans in the process,” McColley said.   

The proposal also includes restrictions designed to shield children from advertising, like prohibiting packaging that depicts anything resembling a cartoon character, fictional character, or pop culture figure "whose target audience is children."

The substitute bill also allows home-rule authority, which means townships, villages and cities can choose to prohibit dispensaries within their jurisdiction.

“I think this is a far cry from what voters passed,” DeMora said. He said most of what voters wanted is "nowhere" to be found in the proposal.

McColley said the reason most voters approved Issue 2 was to be able to access cannabis.

"And we’ve heard that message loud and clear," McColley said. "They’re going to have access to products with relatively fewer restrictions in this language.”  

Proponent, opponent and interested party testimony for the proposal will be Tuesday at 2:30 p.m. The Senate’s goal is to pass revisions to the law before the it goes into effect on Thursday. That would require an emergency clause be added to the bill, which means it will need at least two-thirds vote in both the Senate and House to pass.