By Megan Henry, Ohio Capital Journal
The Ohio marijuana law is still awaiting amendments from lawmakers.
The Ohio Senate passed in December a bill with major changes to marijuana law. However, the Ohio House did not bring this bill to the floor for concurrence during Wednesday’s sessions and has not moved their own bill.
The issue is complex, said Ohio House Speaker Jason Stephens (R-Kitts Hill) to reporters on Tuesday.
Marijuana is legal in Ohio as of December, after Ohioans approved Issue 2 in November. This prompted lawmakers to draft legislation to amend the current law.
Issue 2 was a citizens initiative. This means that Ohio lawmakers may propose and pass changes to the new laws after the election.
Ohioans are not yet able to legally buy marijuana, but can still grow their own. They can have up to 12 plants per home and six plants per person.
Issue 2 created a Division of Cannabis Control in the Ohio Department of Commerce. The Division expects to finish the rulemaking process for nonmedical cannabis licensing requests by the 7th of June and plans to begin giving provisional licences for nonmedical marijuana facilities by the end of September, Jamie Crawford, PIO of Ohio Department of Commerce said in an email.
Licenses and certification of facilities is required before recreational marijuana sales can begin.
Issue 2 creates also five funds within the state’s treasury. These are the Adult Use Tax Fund, the Cannabis Social Equity and Jobs Fund, the Host Community Cannabis fund, Substance Abuse and Addiction fund, and Division of Cannabis Control and Tax Commissioner fund.
Tom Haren is the spokesman of the Coalition to Regulate Marijuana Like Alcohol.
Stephens stated that there are two major issues they must address with regard to the marijuana law: the establishment of the business structure for who will get a license to operate a dispensary and the way the tax revenue will be collected.
Stephens stated, “That is where we are at in our discussions. Our priority right now will be to have those thorough discussions. There was a lot of time for this issue so we still had some time.”
House Bill 86
State Sen. Rob McColley (R-Napoleon) introduced changes to the state marijuana law which were later added to House Bill 86, even though this bill initially had nothing to do marijuana. Jeff LaRe (R-Violet Twp.) introduced HB 86 to revise the state liquor control laws.
Under HB 86 the marijuana tax would increase to 15 percent. This is an increase from Issue 2’s 10 percent tax for each transaction. The bill also allows local governments to add an additional tax over and above the 3 percent marijuana excise. A higher tax rate will result in a higher price to consumers.
The new HB 86 limits home cultivation to six plants for each household, and automatically expunges those who possess quantities of 2.5 ounces of less.
Ohioans aged 21 and over could now go to a dispensary to buy recreational products after HB 86 came into effect.
If HB 86 passes the House, then it will take effect 90 calendar days after Governor. Mike DeWine signs the bill. DeWine had urged lawmakers to pass HB86 in December so that he could sign it into law. He said this would eliminate the black market.
House Minority leader Allison Russo (D-Upper Arlington) said that she expects Ohio House to address some marijuana legislation once the House returns in April.
She said: “I believe that everyone agrees there are certain aspects to this legislation that were not adequately addressed in Issue 2. We’ve discussed many different components.” “I think that there is a lot agreement on certain things, but then many discussions need to be held about other aspects,” she said.
The next scheduled House session is on April 10. Even if the House passed the bill at that time, HB 86 would not go into effect before July.
Haren stated that it was unfortunate to see members of the General Assembly try so quickly to subvert voters’ will through House Bill 86. “But I am encouraged that the House is clearly taking a more deliberate approach.”
The revenue funds will be distributed as follows under HB 86
- The county jail construction fund receives 28 percent of the total amount.
- If the marijuana expungement funds has been discontinued, 19 percent will be donated to the Department of Public Safety’s law enforcement training fund.
- The Attorney General’s Law Enforcement Training Fund receives 14 percent of the total budget.
- If the marijuana expungement funds has been discontinued, 11 percent will be paid to the substance abuse treatment and prevention fund.
- 9 percent of the funds raised will go to 988 Suicide & Crisis Lifeline.
- Fund for drug law enforcement: 5 percent of marijuana revenue
- The marijuana expungement funds will receive 5 percent.
- Safe Driver Training Fund: 5 percent
- Ohio Investigative Unit Operation Fund: 4 percent
- Fund for the Division of Marijuana Control Operations.
- Contribute 2 percent of your income to the fund for marijuana poison prevention.
House Bill 354
In December, State Rep. Jamie Callender (R-Concord) introduced House Bill 354, which clarified some of the language in Issue 2. The bill has been heard twice in the House Finance Committee.
Under Issue 2, it would remain the same, clarifying that home growing must be done at a residence address.
The tax revenue will be distributed as follows under HB 354
- The host community cannabis fund will receive 36 percent of the proceeds.
- The fund will receive 36 percent of the total amount.
- The Ohio 988 Crisis Lifeline & Suicide Prevention Fund will receive 12.5 percent from the substance abuse & addiction fund. This fund is used to administer the 988 System.
- Ten percent of the fund will be used to provide mental health services and addiction treatment in county jails.
- The Division of Marijuana Control and Department of Taxation will receive 3 percent of their revenue.
- To develop the mental health workforce in the state, 2.5 percent of the budget will be allocated to the Department of Mental Health and Addiction Services.
Originally published by Ohio Capital Journal.
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