Ohio’s Marijuana Laws Face GOP Scrutiny After Voter Approval

Ohio's Marijuana Laws Face GOP Scrutiny After Voter Approval

Voters in Ohio approved recreational marijuana with 57% of the vote in November 2023. Now, Republican lawmakers are pushing a number of changes to the law, such as lowering the amount of marijuana that can be grown at home, limiting where it can be used, and changing how tax money is spent. There are arguments all over the state about these suggested changes to a law that was approved by the people.

What 2023 voters agreed to

The law that passed Issue 2 set the rules for selling marijuana for adult use in Ohio. It put a 10% excise tax on goods and told the government to split the tax money into four main areas:

  • 36% to a Fund for Cannabis Empowerment and Jobs
  • 36% to a Host Community Cannabis Fund
  • 25% to a fund for drug abuse and addiction
  • 3% to the Tax Commissioner and Division of Cannabis Control Fund

The law was passed as a legislative statute instead of a constitutional amendment, which means that state lawmakers can change it. They are using this power to suggest some big changes.

The budget plan for Gov. Mike DeWine

In his suggested state budget for 2026–2027), Governor DeWine calls for changes to the marijuana law, including the following:

  • Increasing the sales tax on weed from 10% to 20%
  • Putting all tax money from marijuana into:
    • A plan to get rid of old records of people having marijuana
    • Giving money to the 988 Crisis and Suicide Line
    • Training for police officers
    • Building projects for jails and other facilities

Voters approved the original funds, but this plan would get rid of them and put the money towards statewide goals for mental health and public safety.

Sen. Bill 56

The Ohio Senate passed Senate Bill 56 in February. It is a 152-page change to the current marijuana law. Some important changes to the bill are:

  • lowering the number of plants that each household can grow from 12 to 6
  • Not letting people smoke marijuana outside
  • originally called for a 15% excise tax and money to be redistributed, but changes to the taxes were taken out before the final form passed.

People have said that SB 56 goes too far from what the voters wanted when they passed the law, especially when it comes to personal freedoms and home farming.

Bill 160 in the House

House Bill 160 is a change that is seen as less extreme. It focusses on marijuana, hemp, and liquor rules. It keeps the 10% revenue tax but suggests the following major changes:

  • Gets rid of the Jobs and Social Equity Fund
  • Bringing down the Host Community Fund to 20% for just five years beginning in 2026
  • Moves the rest of the tax money to the General Fund, which the state might be able to use however it wants.

Supporters of HB 160 say it is a more moderate approach, but critics say getting rid of the Social Equity Fund could hurt areas that were hurt more by old marijuana rules.

Why these changes are important

These ideas could make a big difference in how Ohio handles legal weed, especially when it comes to:

  • Where the tax money goes—with big changes away from services that help the community
  • How many plants a person can grow in their own home
  • Where adults are allowed to openly smoke marijuana
  • If people can share marijuana with each other

Since recreational sales are expected to grow and bring in a lot of tax money, politicians are now focusing on how to control that money.

What’s Next?

Each plan is still moving through the legislative process, and there is more and more public discussion about whether lawmakers should make such big changes to a law that voters directly approved.

As more court hearings and public forums happen, it remains to be seen if lawmakers will pass any of the suggested changes or if Ohioans will fight back and maybe even try to get a constitutional amendment passed to protect the law from future changes.

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