The Ohio House has introduced a competing marijuana reform bill that presents a more moderate approach compared to the restrictive Senate version. While maintaining the existing limits on home cultivation, the House proposal focuses on reducing THC content. Lawmakers are now working to amend Issue 2, which voters overwhelmingly approved in 2023.
During a press conference on Thursday, Finance Chair Brian Stewart unveiled House Bill 160, which seeks to regulate marijuana use while acknowledging voters’ intent. “That bill respects the will of the voters, while also acknowledging that by passing initiated statute, backers and supporters of Issue 2 understood and accepted that marijuana law would remain subject to certain reasonable reforms by the Ohio Legislature,” Stewart stated.
Understanding Current Law
Under the existing law, individuals aged 21 and older can smoke, vape, and consume marijuana. They are permitted to cultivate up to six plants individually or up to 12 per household. Possession limits include 2.5 ounces of marijuana in all forms except for concentrates, which are capped at 15 grams.
Revenue from the 10% tax on marijuana sales is allocated as follows: 36% to the social equity fund for communities disproportionately impacted by marijuana laws, 36% to municipalities hosting dispensaries, 25% to the state’s mental health and addiction services department, and 3% to the state’s cannabis control department.
House vs. Senate Legislation
The Ohio Senate has faced significant backlash for passing Senate Bill 56, which lowers THC content in products and restricts home cultivation to six plants. By contrast, the House’s 120-page bill is less restrictive while still implementing key changes.
The House proposal retains the existing home cultivation limit of 12 plants per household and maintains the possession limits. However, like the Senate version, it reduces the allowable THC content in adult-use extracts from a maximum of 90% to 70%.
One notable distinction between the two bills lies in packaging restrictions. The Senate version caps THC content at 100 milligrams per package and 10 milligrams per serving, whereas the House bill imposes no such limits on packaged products available at dispensaries.
The House version also allows for more flexibility in where marijuana can be consumed. Unlike the Senate bill, which bans all public smoking—including on private property outdoors—the House proposal appears to permit consumption in certain outdoor areas, such as porches of private residences.
Both versions limit the number of dispensaries statewide to 350.
Addressing Delta-8 and Tax Revenue Distribution
The bill also tackles delta-8 THC, a hemp-derived compound Gov. Mike DeWine has labeled “intoxicating hemp.” Currently, delta-8 can be legally purchased at convenience stores with minimal regulation. Under the House proposal, delta-8 products would be permitted as long as their THC concentration does not exceed 0.03%, with an additional cap of two milligrams of total THC per package and 0.05% per serving.
While maintaining the 10% excise tax, the House bill changes how revenue is distributed. Instead of the current allocations, funds would be directed to a newly created marijuana receipts fund within the state treasurer’s office. The revenue would be eligible for investment, with local governments hosting dispensaries receiving 20% of sales for five years. Eventually, the money would transition to the state’s general revenue fund.
Balancing Voter Intent and Legislative Authority
The proposed restrictions have sparked debate over whether lawmakers are respecting voters’ wishes. Reporters questioned Stewart on whether reducing THC levels and redirecting tax revenue align with what Ohioans voted for. Stewart responded, “I think that there is a core of what voters made clear—that they wanted—that showed up in virtually all debate and public testimony on this, which is, ‘We want to legalize marijuana, we want it to be taxed at 10%, we want to be able to grow it at home.’ I think beyond that, there’s some fine print that was less important to folks in making that determination of how they voted.”
When asked if he believed voters fully understood Issue 2 when casting their ballots, Stewart replied, “I have no idea what every single voter did or didn’t do. I said, I think when this is marketed as ‘regulate marijuana like alcohol,’ — we’re doing that here. You have a 10% tax rate. It’s legal. You can do it at home. We’re not touching any of the core parts of Issue 2.”
As legislative debates continue, Ohioans will need to monitor potential changes to the marijuana law, keeping in mind that statutes passed through ballot initiatives remain subject to the democratic process and legislative adjustments over time.