Ohio regulators released an initial set of proposed rules to govern the adult-use cannabis program in the state. The rules focus on the requirements for applicants to become licensed retail stores, and certain changes to medical cannabis.
Nearly three months since Ohio voters passed a marijuana legalization measure at the ballot the state Division of Cannabis Control announced on Monday it is seeking stakeholder feedback regarding the rules to be finalized prior to the launch of the adult-use cannabis market.
The licensing regulations proposed by DCC may have to be changed in the next few weeks. This is because the Republican Governor and GOP legislative leaders are pushing for changes to the measure that voters approved. These include a possible faster timeline for existing medical cannabis dispensaries to start serving adult patients within a month, instead of waiting until September to receive the first licensing approvals.
Until then, however, the proposed regulations would require that regulators open applications by June 7 for medical cannabis operators who are seeking a dual licence. By September 7, they would have to begin approving licenses for eligible entities.
The proposal also describes the DCC (which falls under Department of Commerce) would have to post notice of a special application window for potential licensees that participate in an equity and jobs social program currently being developed.
Regulators have also proposed reducing the fee for renewing a medical marijuana processor’s license from $100,000 to $50,000. Reforms were part of the legalization initiative that was approved by voters. It also stipulates patients won’t be subject to recreational excise taxes on marijuana products.
Participants who wish to comment on the rules can do so by February 9th. The first of what is expected to be several rule packages for the Adult-Use Program.
DCC stated that “The Division would review and take into consideration the comments received before submitting the proposed rule to the Common Sense Initiative as well as the Joint Committee on Agency Rule Review, in accordance to Chapter 119 Ohio Revised Code.” Both of these processes will give stakeholders an opportunity to provide further comments on the proposed rule.
As Gov. Mike DeWine, a Republican, has made it clear that he would like the legislature to expedite that part of law. He has criticised the “goofy” situation Ohio is in where adults over 21 can legally possess and cultivate marijuana but access to it will not be regulated until late this year.
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Last month, the Senate passed a bill that addressed the issue. It would allow existing medical cannabis dispensaries to serve both patients and adult customers within 90 days after enactment. Other changes were also made to the initiated law. The House has not taken up the bill, but is considering an alternative package.
DeWine has also indicated that he would like to see a quicker turnaround with legislation allowing for recreational sales in two months. DeWine has also said that he would like to see legislators address restrictions on the sale of intoxicating cannabinoid hemp products, such as delta-8-THC.
Previously , the governor who opposed the legalization ballot measure expressed support for moving marijuana tax dollars from law enforcement, a policy change that is opposed by advocates, who want to continue funding social equity initiatives, as stipulated in the ballot initiative approved by voters.
Some Democratic legislators have stated that they are open to revisions in the debate over legalization. For example, they might be willing to put some cannabis tax revenues towards K-12 education. Other supporters of the voter approved legalization initiative, however, are against legislators undermining the will of the majority who passed it.
Ohio Rep. Juanita Brent, (D), has stressed that those who have been criminalized for marijuana, and those with industry expertise , should be included in any effort to amend the state’s voter-approved law. She argues that it shouldn’t be left to the “anti-cannabis legislators” alone to modify the statute.
Rep. Gary Click filed legislation late in November to allow municipalities to ban cannabis use and home-growing within their jurisdictions. Click also revised the distribution of state marijuana tax revenues by, for instance, shifting funds from social equity programs and jobs to law enforcement training.
After the approval of the legalization by the voters, the Department of Commerce published a FAQ guide to inform residents about the new law, timelines for implementation , and the FAQ guide .
Last month, the commerce department announced that the top state alcohol regulator , who had previously served as a prosecutor , would head up the new Ohio cannabis regulatory division .
U.S. Senator and Congressman Urge Feds to Fully Legalize Marijuana Rather than Reschedule it
Photo by Brian Shamblen.
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