Senate Republicans in Ohio held a hearing today on legislation to roll back key provisions of the state’s voter-approved recreational marijuana program, proposing cuts to home grow limits, increased taxes, reduced potency levels, and shifting revenue away from social equity programs.
“It’s not to do away with the ballot initiative,” said State Senator Steve Huffman, a Tipp City Republican. “It’s to work around the edges to make it better.”
State Senator Casey Weinstein (D) says that although many in his party do support marketing restrictions to protect children and for “sensible limitations” on public marijuana use, but they oppose cutting home grow limits and imposing restrictions on where people can smoke on their own property.
“Are we basically saying to the voters, ‘Screw you, you don’t know what you’re talking about?’” said State Senator Bill DeMora, a Columbus Democrat, during a committee hearing.
Ohio voters passed Issue 2 in November 2023, legalizing recreational marijuana with 57% support. Despite strong backing, lawmakers retained broad authority to amend it. House Republicans rejected similar Senate restrictions in December 2023, but the newly appointed House Speaker appears more open to tightening the law.
The bill would reduce the number of homegrown plants per household from 12 to six. Huffman argues that 12 plants yield more than a household could reasonably consume, saying, “To me, you are just contributing to the black market.” Weinstein sees it differently, stating that reducing home grow sends the message that lawmakers don’t trust their constituents. He supports safeguards, such as banning cultivation at daycares or in rental units if a landlord prohibits it, but not a broad reduction.
The legislation also bans sharing homegrown marijuana, stating, “no person shall give, sell, or transfer homegrown marijuana to any other person, with or without remuneration.” Weinstein argues this would make it illegal for Ohioans to share a joint, a restriction that does not apply to alcohol.
Public consumption would also be restricted. Huffman says the goal is to prevent people from smoking at public events like Buckeyes football games. Opponents argue the bill goes too far, effectively banning people from smoking on their own private property outdoors. “The only place you can smoke is inside your house. Not on your private property in your backyard,” Weinstein said. Huffman disputed this interpretation.
The bill would lower the potency cap for THC extracts such as oils and tinctures from 90% to 70%, while leaving the 35% cap for plant material unchanged. It would also increase the marijuana tax from 10% to 15% and shift control of the funds to state lawmakers rather than keeping them designated for specific programs approved by voters. “I think this General Assembly should decide how to spend the approximately $300 million,” Huffman said.
One of the funds that would be eliminated is the cannabis social equity and jobs program, which was designed to support Ohioans from communities disproportionately affected by past marijuana enforcement. SB 56 would also remove special licenses for economically or socially disadvantaged applicants. “Voters had their say on where that money should go, and now the legislature is overriding them,” Weinstein said.
The bill clarifies that marijuana use is banned in moving vehicles and allows law enforcement to investigate violations. Drivers would be required to store marijuana in the trunk or backseat. It also limits the number of cultivator and dispensary licenses to 350 and establishes a merit-based ranking system before awarding them through a lottery.
Another provision would tighten rules on marijuana advertising and packaging, restricting products that could appeal to children, such as gummies shaped like fruit or cartoon characters. “It is incumbent among us to make sure it is done responsibly,” said State Senator Kristina Roegner, a Hudson Republican.
One provision missing from SB 56 is record expungement for past marijuana convictions that would now be legal. “From our caucus standpoint, that was one of the things that got us to support (the last bill),” DeMora said.
With Republican control in both chambers, SB 56 is positioned to move forward despite Democratic opposition.
Since the launch of Ohio’s recreational marijuana market on August 7, the state has generated over $450 million in marijuana sales, resulting in $55 million in taxes.
