Big changes to Ohio recreational cannabis laws on deck for next year, including home growing

Ohio’s recreational cannabis program, still in its infancy with four months of sales, could face significant changes under the incoming House Speaker, outgoing Senate President Matt Huffman (R-Lima).

Huffman, a key figure in the legislature's initial pushback against the voter-approved law, has signaled plans to revisit a stalled 2023 bill aimed at overhauling the program. Here's a breakdown of the proposed changes and their potential impact:

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Key Proposed Reforms

1. Restrictions on Home Cultivation:

   • Current law allows households with two or more adults to cultivate up to 12 cannabis plants.

   • Huffman proposes cutting this limit in half, arguing that higher allowances encourage illegal resale.

2. Tax Structure and Revenue Allocation:

   • The 2023 Senate bill suggested increasing the sales tax on cannabis and reallocating tax revenue.

   • Specific changes to the revenue distribution model remain unclear but could shift funds to targeted programs or state needs.

3. Product Potency and Regulation:

   • The legislation seeks to limit the potency of cannabis products to address public health concerns.

   • This aligns with broader discussions nationally about THC caps and safety standards.

4. Unified Legislation for Cannabis and Hemp:

   • Huffman advocates for combining marijuana and hemp regulations into a single legislative package.

   • This could streamline oversight and enforcement, particularly around unregulated hemp-derived products like delta-8 THC.

Delta-8 THC and Hemp Regulations

• Current discussions in the legislature include a bill to ban sales of delta-8 THC and other hemp-derived intoxicants.

• Cannabis industry stakeholders generally support stricter rules on hemp products but prefer that regulations not spill into the established marijuana market.

Legislative Dynamics and Outlook

• Senate and House Leadership: Rob McColley (R-Napoleon), set to take over as Senate President in 2025, supports the 2023 framework, signaling continuity in reform efforts.

• Republican Priorities: GOP lawmakers emphasize addressing perceived flaws in the initiative statute, focusing on public safety, tax revenue, and market regulation.

Implications for Ohio’s Cannabis Market

1. For Consumers:

   • Reduced home cultivation limits could restrict access for those relying on personal grows for affordability or preference.

   • Potency caps might affect product availability and consumer choice.

2. For the Industry:

   • Increased taxes could raise retail prices, potentially impacting demand.

   • Unified hemp and marijuana legislation might bring clarity but could also impose new compliance costs.

3. For Lawmakers and Advocates:

   • Revisiting the program so soon after its implementation may reignite debates over voter intent and legislative overreach.

   • Balancing the nascent legal market with public safety concerns will be key to building long-term stability.

What’s Next?

Huffman’s plans are set to unfold in 2024 as he assumes leadership in the House. With support from leaders like McColley, Ohio's cannabis laws are poised for refinement, though the pace and scope of these changes remain uncertain. Stakeholders, including consumers, businesses, and advocacy groups, will likely play a significant role in shaping the outcome