By: Megan Henry – February 3, 2025
A Republican lawmaker is trying to reduce the amount of marijuana grown at home, lower the level of THC in recreational marijuana, increase the tax, and redirect the revenue from it.
Ohio Sen. Steve Huffman, R-Tipp City, recently introduced Senate Bill 56 which would make several changes to the state’s marijuana laws.
“This bill is about government efficiency, consumer and child safety, and maintaining access to voter-approved adult-use marijuana,” Huffman said in his sponsor testimony last week.
Ohioans voters passed a citizen-initiated law to legalize recreational marijuana in 2023 and sales started in August 2024. Since it was passed as a citizen initiative, Ohio lawmakers have the ability to change the law.
The state’s total recreational marijuana sales were $292,874,669 as of Jan. 25, according to the Ohio Department of Commerce Division of Cannabis Control
The bill would lower THC levels in adult-use marijuana extracts from a maximum of 90% to a maximum of 70% and merge the state’s medical and recreational marijuana programs under the Division of Cannabis Control.
“Consolidating both programs under the Division will allow for consistent requirements regarding testing, packaging, labeling, and advertising, especially those related to protecting children,” Huffman said in his testimony. “It also provides for streamlined licensing standards and general compliance procedures, cutting down on bureaucracy, red tape, and government waste.”
On the home grow side, the law currently allows 12 marijuana plants to be cultivated at a single residence, but the bill would cut that in half. Huffman said folks who are growing marijuana at home could be supplying the illicit market.
“The people did vote for home grow,” Huffman said. “I think that this is an example that we’re trying to move it to a little bit more reasonable.”
S.B. 56 would require marijuana to be transported in the trunk of a car when traveling and it specifies that marijuana is only allowed in a private residence.
“Ohio has long established open container laws regarding alcohol in motor vehicles; common sense mandates a similar rule for adult-use and medical marijuana access in motor vehicles,” said Steve Barnett, the Carroll County Prosecuting Attorney and a current officer of the Ohio Prosecuting Attorneys Association.
The bill would also up the tax on adult-use marijuana from 10% to 15%, cap the number of active dispensaries at 350, and funnel all revenue from the adult-use tax to the state general fund. There are currently 128 marijuana dispensaries in Ohio as of Friday, according to the Ohio Department of Commerce.
The current tax revenue is divided up in multiple ways — 36% to the cannabis social equity and jobs fund, 36% to the host community cannabis fund, 25% to the substance abuse and addiction fund and 3% to the Division of Cannabis Control and Tax Commissioner Fund.
Ohio Senators tried to pass a similar bill during the previous General Assembly, but it died in the House.
“So we’re basically telling the voters … screw you,” said Sen. Bill DeMora, D-Columbus. “You don’t know what you’re talking about. You passed it with an overwhelming majority of the state, but we know better.”
Huffman responded by saying he believes his bill corrects “some of the societal needs.”
“I don’t want to sit at the ball game and the guy next to my nine-year-old kid is smoking marijuana,” he said. “I think that’s wrong. That’s what the voters voted for. … I wouldn’t say we’re gutting everything. We’re trying to improve it.”
There is currently nothing in the bill related to expungement, so DeMora asked about the possibility of adding expungement to the bill and Huffman sounded open to that possibility.
“Through this committee process, we will certainly be open to any type of amendments to do something along that line,” Huffman said.
Despite Ohio Gov. Mike DeWine pleas to lawmakers to regulate or ban delta-8 THC products, hemp is not included in the bill. There was a bill in the last General Assembly that would have banned the sale of intoxicating hemp, but the bill never made it out committee.
However, Huffman hinted that a separate bill dealing with hemp will be introduced soon.
“I find both of them to be very complex issues,” he said.
