(The Center Square) – Ohio lawmakers have taken the first major step in limiting recreational marijuana laws that voters overwhelmingly approved.
After a Senate vote to approve the limits, only passage in the House and a signature from Gov. Mike DeWine is needed to change a constitutional amendment that passed with more than 57% approval in 2023.
The changes would cut in half the number of homegrown plants allowed and ban public smoking and driving while the driver or any passenger in a vehicle is using marijuana.
The tax would also increase from 10% to 15%.
Voters approved none of those restrictions.
“I voted no the first time, and I will continue to vote no on these changes that go directly against what the voters wanted,” said Sen. Catherine Ingram, D-Cincinnati. “The people of Ohio have entrusted us to make thoughtful and reasonable adjustments, as needed, to the approved State Issue 2, such as aligning the statute with current law and protecting our children. The provisions in SB56 simply go far beyond reason and ultimately undermine the integrity of our democracy. The reality is the voters know what they voted for, and for my colleagues to assume that they did not is astounding.”
Proponents say the changes are needed for public safety and to protect employers who have established drug-free workplaces.
“The bill also addresses several public safety concerns such as banning public smoking, prohibiting driving while the driver or any passenger is using marijuana, and ensuring homegrown marijuana is not grown at residences that operate in-home childcare programs,” Sen. Stephen Huffman, R-Tipp City, said in testimony. “Further, the bill clarifies the ability of local law enforcement to investigate alleged violations and harmonizes employer protections regarding drug-free workplace policies.”
The proposed legislation would cut in half the number of plants that can be grown in a home from 12 to six, lower the THC level from extracts from 90% to 70% and ban sharing between adults.
It would also require marijuana and paraphernalia to be transported in the back seat or trunk of a car.
Also, someone fired from their job because of marijuana use would not be eligible for unemployment.
Voters also mandated some of the tax dollars be spent on social equity and jobs programs, but the bill eliminates that provision and reduces the money spent on mental health and addiction services.
Senate Democrats offered several amendments that would have aligned public marijuana smoking laws with cigarette laws and moved the homegrown limit back to 12. None passed.
“This week, Senate Republicans re-wrote the laws around adult cannabis use,” said Sen. Kent Smith, D-Euclid. “Despite the fact that Issue 2 won in 30 of 33 state Senate districts, Ohio Republicans ignored the wishes of Buckeye voters and just did what they wanted. I hope the Ohio House demonstrates more respect for Ohio voters than the Senate did.”
