Ohio voters decided Tuesday to legalize adult-use recreational marijuana by a 14-point margin. But the General Assembly will have the last word on what becomes law regarding Issue 2 and cannabis use in the long-term.
On a basic level, Issue 2 legalizes and sets regulation guidelines for Ohioans to grow, cultivate, sell, buy, and consume marijuana鈥攊f they are 21 or older. It includes a provision that lets people grow plants at home, with a limit of six per person or 12 per household. And it outlines cannabis taxes: a 10% excise tax on sales, 5.75% state sales tax and 2.25% maximum in local taxes.
Leading into Election Day, Republican leaders largely said they wanted to wait and see what voters had to say before they would discuss their problems with the proposal. Now that the bulk of ballots have been tallied across the state, however, some lawmakers are beginning to talk about could-be tweaks.
John Fortney, the Ohio Senate majority spokesperson, called the statute鈥攊n its current state鈥攁 鈥渃ash grab.鈥
鈥淭he General Assembly may consider amending that statute to clarify some questionable language regarding limits for THC,鈥 Fortney said.
THC content limits, under the current statute that Ohioans voted on Tuesday, sit at 鈥渘o less than鈥 35% on plants and 90% on extracts. But lawmakers might set a ceiling limiting the potency of products, Fortney said.
鈥淎lso, tax rates are an issue,鈥 he said.
As of now, 72% of tax revenue will be divided equally between a social equity and jobs program fund and a fund for communities with dispensaries. Another quarter will go to addiction treatment, and 3% to administrative costs, according to the statute.
Senate President Matt Huffman (R-Lima), who Fortney serves as a spokesperson for, has also said he's concerned about a provision that will allow for some of the 10% in tax revenue to go to programs offering financial and license application assistance for cannabis businesses for people who have been convicted of crimes related to marijuana.
The statute in its current form takes effect Dec. 7, although the Ohio Department of Commerce鈥攚hich is set to oversee the state鈥檚 new recreational program鈥攈as nine months after that to begin issuing licenses to dispensaries.
Both legislative chambers are scheduled to hold at least one session prior to the provisions taking effect.