The Marijuana Control Law, also known as the Ohio Senate Bill 56, is being considered by the Ohio House of Representatives.
If passed, the law would repeal most of the Cannabis Control Law, also known as Ohio Issue 2. The Cannabis Control Law was passed in 2023 with 57.19% majority, legalized the growing, processing, selling and use of marijuana, and created the Division of Cannabis Control within the Ohio Department of Commerce.
The Marijuana Control Law will also change and combine the regulations for the cultivation, processing, dispensing and use of marijuana into one chapter of the Ohio Revised Code. Additionally, the Division of Marijuana Control will be consolidated into the DCC.
Previously, the bill passed the Ohio Senate 23-9, and now has been referred to the Ohio House of Representatives Judiciary Committee.
Sen. Bill Demora (D-Columbus) disagrees with the proposed bill, calling it an assault and threat to the Ohio adult-use marijuana program.
“This is not the first time the Ohio Senate has attempted to legislate adult-use marijuana,” wrote Demora in a statement. “Last General Assembly, House Bill 86 was the vehicle for change … Unlike that bill, S.B. 56 is a clear attempt to crack down on a market that is already thriving.”
Under the bill, out-of-state marijuana is contraband, according to Research Analyst Nick Thomas and Ohio Legislative Service Commission staff in the bill’s summary.
“Similarly, current law allows an adult-use consumer to possess or use marijuana received from another adult-use consumer, without any exchange of payment, whereas the bill prohibits such an exchange,” Thomas said.
Currently, the DCC is required to set a THC limit for adult-use marijuana to 35% for plant material and 90% for extracts. The Marijuana Control Law will lower the percentage for extracts down to 70% and will not allow vapor and combustion products to contain more than 10 milligrams per serving and exceed 100 milligrams per package.
Demora wrote in a statement that the bill will harm marijuana producers. The Marijuana Control Law will remove level three adult-use cultivator licenses and put a cap on the number of dispensaries active in the state to 350.
“This will stifle competition and lock out communities that want access to legal marijuana. It reduces the area available for cultivation, despite Ohio’s current supply shortage,” Demora wrote.
The law will also reduce the number of plants allowed in homes from 12 to six, prohibit the sale of cannabis products targeting children with their advertising or packaging and limit the adult use of marijuana to private residences only.
“Now that S.B. 56 has passed out of the Senate, the House must make a choice,” Demora wrote in a statement. “Will they stand with the voters who overwhelmingly supported marijuana legalization, or will they abandon the people and allow this harmful bill to move forward?”