Republican lawmakers in Ohio are working to modify key elements of the state’s recently legalized marijuana law, which voters approved with a 14-point margin in November 2023. The legislation, known as Issue 2, legalized personal marijuana possession for adults over 21, allowed home cultivation, and established a framework for regulated sales through a new Division of Cannabis Control. Although adult-use sales began in August 2024, with 124 dual-use dispensaries operating statewide as of January, over 120 municipalities have opted out of adult-use cannabis sales.
In addition, the state’s social equity program, designed to assist those affected by the War on Drugs, has faced delays, as the Department of Development has put the program on hold due to funding issues. Issue 2 mandates that 50 dispensary licenses be allocated to eligible social equity applicants, but these have yet to be issued.
Following the passage of Issue 2, Republican legislators initiated discussions to introduce restrictions aimed at slowing the implementation of marijuana reforms. While no legislation has yet overturned any aspects of Issue 2, House Bill 160—sponsored by Representative Brian Stewart—is currently under consideration. This bill proposes several significant changes: it would make sharing or gifting cannabis illegal and restrict purchases to licensed Ohio dispensaries or home-grown cannabis. Additionally, it would limit the use of marijuana to residential or agricultural spaces and permit landlords to penalize tenants for vaping indoors.
Testimonies against HB 160 were presented at a recent House Judiciary Committee hearing, where nearly all 40 participants, including representatives from the ACLU of Ohio and the Drug Policy Alliance, expressed opposition to the bill. Meanwhile, Senate Bill 56, sponsored by Senator Steve Huffman, has already passed in the Senate and is now in the House committee, raising concerns about a coordinated effort to amend Issue 2.
If enacted, HB 160 would establish a cap of 350 dispensaries for adult-use cannabis statewide and impose limits on THC content in cannabis products. Karen O’Keefe, director of state policies at the Marijuana Policy Project, criticized the bill, stating it would effectively re-criminalize behaviors that were decriminalized decades ago. O’Keefe argued that the proposed restrictions would not only hamper consumers’ access but could also lead to increased arrests for cannabis-related offenses.
Furthermore, HB 160 threatens to dismantle the social equity provisions of Issue 2. By eliminating the requirement for prioritization in licensing for social equity applicants, the bill would significantly reduce opportunities for those most impacted by previous drug policies. Instead of funding social equity programs and local governments as specified in Issue 2, HB 160 would redirect cannabis tax revenue to the state’s general fund, impacting critical services such as legal aid and violence prevention programs.
Local governments have voiced strong opposition to the proposed changes, particularly regarding their share of cannabis tax revenue. A survey of 38 municipalities showed unanimous disapproval of the Republican plan to decrease their financial support from cannabis sales.
Governor Mike DeWine has not publicly endorsed the proposed bills, but he has suggested alterations to existing marijuana laws. His budget proposal includes doubling the state cannabis tax rate to 20% and reallocating tax revenue for police training and local jails.
Experts warn that these legislative changes could harm Ohio’s emerging cannabis market, which generated over $242 million in sales during its first year. As consumers seek more affordable options, many may turn to unregulated sources or cross state lines to access cheaper cannabis, particularly to Michigan, where prices and selection are more favorable.
The evolving landscape of Ohio’s cannabis policy continues to unfold as lawmakers weigh the balance between regulation, social equity, and market growth.
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