Ohio Marijuana Law Update: New Bill Guts Voter-Approved Marijuana Law

Key Changes to the Ohio Marijuana Law Proposed by Senate Bill 56

1. Reduction in Home Grow Limits:
   • The voter-approved law allowed adults aged 21 and older to grow up to 6 marijuana plants per person, with a household cap of 12 plants. SB 56 reduces this to a maximum of 6 plants per household, regardless of the number of adults.
   • It also prohibits sharing homegrown marijuana with others, even without payment, effectively criminalizing the act of gifting or transferring it.
2. THC Potency Limits:
   • The bill lowers the maximum THC content for adult-use marijuana extracts from 90% (as allowed under Issue 2) to 70%. For plant material, it sets a cap at 35%, though the Ohio Department of Commerce’s Division of Cannabis Control could adjust this limit.
   • Edibles would be restricted to 10 milligrams of THC per serving and 100 milligrams per package.
3. Public Use Restrictions:
   • SB 56 bans smoking or vaping marijuana in public spaces, limiting its use to private residences only. This includes prohibiting outdoor smoking or vaping, even on private property if it’s visible to the public (e.g., a backyard).
   • It also mandates that marijuana be transported in a vehicle’s trunk in its original, unopened packaging, making it illegal to use or possess opened marijuana in a car.
4. Out-of-State Purchases:
   • The bill prohibits Ohioans from purchasing marijuana in other states (like neighboring Michigan, where it’s also legal) and bringing it back into Ohio. This aims to restrict the supply to only Ohio-licensed dispensaries or homegrown sources.
5. Dispensary and Cultivation Regulations:
   • The number of active dispensaries would be capped at 350 statewide, despite the current number being around 132 as of early February 2025. This has raised concerns about market access as demand grows.
   • Small commercial grower licenses (Level II cultivators under Issue 2) would be eliminated, while larger cultivators would see some expansion but not to the full extent promised by the original law.
6. Workplace and Property Rules:
   • Employers with drug-free workplace policies can fire employees for marijuana use, even if it’s off-duty and legal.
   • Landlords and in-home childcare providers can prohibit marijuana growing or use on their properties.
7. Advertising and Packaging:
   • The bill introduces strict rules to prevent marketing that appeals to children, such as banning cartoon characters or shapes resembling animals or fruit in packaging. Advertisements are also prohibited within 500 feet of schools, churches, libraries, parks, or arcades.

Context and Rationale

• Supporters’ Perspective: The bill’s sponsor, Sen. Steve Huffman (R-Tipp City), and other Republicans argue that these changes enhance public safety and protect children. Huffman, a physician who previously helped legalize medical marijuana in Ohio, claims that 12 plants could produce up to 7,200 joints annually—far more than needed for personal use—suggesting the reduction curbs potential illicit distribution. Senate President Rob McColley (R-Napoleon) has called the adjustments “reasonable,” maintaining that core access to licensed dispensaries remains intact.
• Opponents’ Criticism: Democrats and cannabis advocates, including Sens. Bill DeMora (D-Columbus) and Catherine Ingram (D-Cincinnati), argue that SB 56 undermines the will of Ohio voters. They point out that the bill reverses key provisions of Issue 2, such as home grow flexibility and higher THC limits, which were explicitly approved. Critics also note that it lacks funding for expunging prior marijuana convictions—a social equity measure promised in the original law—and could drive consumers to unregulated markets or neighboring states like Michigan.

Current Status and Next Steps

• As of March 12, 2025, SB 56 has moved to the Ohio House for review. However, the House has introduced a competing proposal (House Bill 160, introduced March 6, 2025), which aligns more closely with Issue 2. It retains the 12-plant household limit and 10% tax rate but still caps THC at 70% for extracts and bans public use. The House version also seeks to regulate intoxicating hemp products (e.g., Delta-8 THC) by restricting their sale to licensed dispensaries.
• The two chambers must reconcile their differences to produce a unified bill for Gov. Mike DeWine’s signature. DeWine has proposed doubling the marijuana sales tax to 20% in the state budget, a measure not included in SB 56 after amendments removed an earlier 15% tax hike proposal.

Broader Implications of the Ohio Marijuana Law Changes