Legalization without a Sales Scheme
Ohioans woke up on Thursday to a peculiar situation regarding recreational marijuana use. While adults can now legally grow and possess cannabis at home, they cannot legally buy it. This mixed message stems from the lack of parameters set for Issue 2, the citizen initiative approved by voters in November. Republican Governor Mike DeWine urged lawmakers to quickly establish regulations, but the Ohio House adjourned without taking any action.
The Voters’ Wishes to be Respected
Despite the absence of a legal sales scheme, Representative Jamie Callender emphasized that growing marijuana at home and possessing it can proceed according to the voters’ wishes. He expressed the importance of taking the necessary time to thoroughly examine the legislation and address any issues that may arise. Representative Bill Seitz supported this sentiment, defending the decision to adjourn without acting on pending legislation, stating that rushing through such a complex matter would be unwise.
Concerns and Potential Consequences
While some lawmakers advocate for cautious deliberation, Governor DeWine openly worried about potential negative consequences. He expressed concerns that black market sales might flourish and that marijuana products laced with fentanyl or pesticides could become more accessible. DeWine referred to the current situation as a “recipe for disaster.”
The Time for Action
Lawmakers had four months last year to address the issue of recreational marijuana. However, after the Legislature chose to do nothing, the measure was placed on the November ballot and passed with 57% of the vote. The approved initiative allows adults aged 21 and over to possess up to 2.5 ounces of cannabis, grow up to six plants per individual or 12 plants per household, and imposes a 10% tax on legal marijuana purchases. The revenue generated from sales would be allocated to administrative costs, addiction treatment, municipalities with dispensaries, and social equity and job programs supporting the cannabis industry.
A Controversial Proposal Creates Tension
With just days left before the law was set to take effect, Senate Republicans proposed significant changes that outraged both supporters and opponents of the initiative. The proposed changes would have prohibited growing marijuana at home, reduced the amount of cannabis that could be possessed to 1 ounce, raised taxes on purchases to 15%, eliminated tax revenue funding for social equity programs, and directed most of the tax money raised to a general state government fund.
A Compromise is Reached
After negotiations with Governor DeWine, a compromise was reached and approved by the Senate. The compromise allows for the possession of up to 2.5 ounces of cannabis, six household plants, a 15% tax on purchases, and a reduction in the allowable THC levels for cannabis extracts. The compromise also removes state control over most of the revenue generated from marijuana sales.
Potential for Referendum
If lawmakers deviate too significantly from what voters approved, the Coalition to Regulate Marijuana Like Alcohol or other proponents of Issue 2 may pursue a referendum. This possibility should incentivize lawmakers to collaborate with advocates of more relaxed marijuana laws. Steven Steinglass, a leading expert on Ohio’s constitution, stated that the current political maneuvers are unprecedented, as no citizen-initiated statutes have been amended, repealed, or modified by the General Assembly in the past 111 years.
Enforcement of the New Law
While the legal sales scheme remains unresolved, there are still aspects of the new Ohio law that can be enforced immediately. Louis Tobin, executive director of the Ohio Prosecuting Attorneys Association, highlighted that carrying less than 2.5 ounces of marijuana will be difficult to prosecute. However, smoking in cars, carrying more than 2.5 ounces, engaging in private sales, and driving under the influence will still be considered illegal activities.
Samantha Hendrickson is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.