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Ohio Republican lawmaker files bill to allow cities to ban marijuana use and home grow one week before legalization takes effect

November 28, 2023 by Kyle Jaeger

A Republican legislator has introduced a law that will allow local municipalities to ban cannabis use and home-growing in their jurisdictions. Ohio voters approved the marijuana legalization bill just a little over a week before it takes effect. The bill would also change the distribution of state marijuana tax revenues, such as reducing funding allocated to programs for social equity and employment and instead directing them towards law enforcement training.

The measure filed by Rep. Gary Click on Tuesday appears to be distinct from the upcoming proposal that the GOP leadership and governor have been discussing to amend the Cannabis Law that was passed at the ballot in this month.

Click’s bill would remove the provisions of Issue 2, which explicitly prohibits localities from banning marijuana use, home-cultivation, or scientific research in their jurisdictions, as well as imposing local taxes on cannabis-related products. This could lead to a patchwork policy across the state.

Issue 2 allows municipalities to opt-out of allowing recreational cannabis businesses to open in their area. However, they cannot block medical marijuana companies that want to expand adult-use operations.

Click’s Measure also changes the way in which the state must allocate cannabis tax revenues by adding two additional funds: one to support substance abuse and recovery services, and another to law enforcement training.

The funds would be allocated to local governments, social equity programs and employment initiatives. Each of the five funds would get about 19% of revenue, while the municipality and social equity funds, for example, receive 36% each.

Click , like several other Ohio GOP legislators, told the Cincinnati Enquirer he believes that voters did not fully understand or agree with the specific provisions of the legalization initiative they approved with 57% of the vote. He explained that his proposal was meant to “start a discussion rather than the binary option on the ballot.”

It starts the discussion. People want marijuana for recreational use. “But they did not get to discuss the details in detail,” he said. “This is an opportunity for citizens in the committee to express themselves.” I am willing to accept amendments that reflect what the people want.”

The proposed changes in the tax structure won’t be implemented until the end of next year, due to the time required to license cannabis businesses. However, a local ban on sanctioned marijuana activities like home cultivation may have more immediate effects if it is approved. Adults aged 21 and over will be allowed to possess and grow marijuana for personal purposes starting December 7.

This legislation is distinct from the marijuana amendment package, which has not yet been filed but that GOP Senate leaders and House leaders are discussing introducing in the near future. The planned measure that they have previewed is similar in its focus on possible changes to tax revenue distribution, consumer behavior, and law enforcement.

Marijuana Moment tracks more than 1,000 cannabis and drug policy bills that have been introduced in state legislatures, and Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.

Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.

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Senate President Matt Huffman, (R), said this month that he didn’t believe most voters took into consideration the nuances of cannabis reform before voting and instead passed it on the basis that marijuana should be made legal for adults. He said, for instance, that most people don’t favor prioritizing cannabis licensing for those who have been disproportionately criminalized.

Gov. Mike DeWine, (R), made similar comments after the election this month. He expressed his desire to quickly change various aspects of the law. He has stressed that there will be no “surprises” for voters, and that the revisions being discussed will still respect the “spirit of the reform”.

The Senate President said that rather than introduce new legislation by regular order, he plans to include cannabis amendments in an unrelated House passed bill, and use this as the vehicle. He will then send the revised measure to the House for simple consent vote.

House speaker Jason Stephens (R), however, says that he does not necessarily see the urgency because most of the proposed changes aren’t expected to be implemented before the end of next year.

Some Democrats have discussed separately potential amendments they would like to see implemented, such as allocating revenue to K-12 education. Bipartisanship also seems to exist in the provision of funding for mental healthcare services to help first responders who suffer from post-traumatic disorder (PSTD).

Rep. Juanita Brent, (D), for example, has recently stated that those who have been criminalized because of marijuana, and those with experience in the industry , should be included in any effort to amend the voter-approved state legalization law. She argues that it shouldn’t just be “anti-cannabis legislators” that revise this statute.

The Ohio Department of Commerce published a FAQ guide to inform residents about the new law, including the timeline for its implementation. Regulators have repeatedly stated that policies could change depending on the actions of the legislature.

The prohibitionist organizations who campaigned against Issue 2 are now determined to undermine the newly passed law. Some have even described plans to pressurize the legislature into repealing legalization completely before it is implemented.

In September, several Ohio legislators said that they did not believe the legislature would repeal a legalization law passed by voters. The Senate President confirmed that repeal was not on the agenda for the next year.

The issue was only decided by the voters after the lawmakers refused to use the opportunity of passing their own reform during the ballot qualification procedure. The legislature had months to pass a legalization they could have tailored to address any outstanding concerns. However, the legislature deferred this decision to the voters.

The GOP-controlled Senate, which was responsible for the early voting that began late last month urged residents to reject Measure .

Rep. Dave Joyce, the co-chairman of the Congressional Cannabis Caucus said in September that he will vote in favor of this initiative in November. He encouraged “all Ohio citizens to take part and make their voices known on this important matter.”

Sherrod BROWN (D-OH), the chairman of the Senate Banking Committee, said that he voted for the ballot initiative to legalize marijuana. He called it a hard decision but one based on the belief that this reform would promote consumer “safety”.

Vivek RAMASWAMY, a Republican presidential candidate for 2024, has said that he voted against the ballot initiative to legalize cannabis in Ohio, because he is concerned that the federal government may “weaponize criminalization” against people who engage in state-legal marijuana activities under the “fake pretense” they are protected from federal prosecution.

Senate Majority leader Chuck Schumer (DNY) said that Ohio’s decision to legalize cannabis at the ballot was just one of many recent examples of Americans rejecting “MAGA extremeism,”. He added that he is committed to working on a bipartisan level “to continue moving forward on bipartisan marijuana legislation as soon we can.”

Rep. Earl Blumenauer, D-OR, co-chairman of the Congressional Cannabis Caucus told Marijuana Moment in an interview earlier this month that

We’ve been saying this for years, that the issue is gaining momentum and being inclusive. He said that it was similar to the success of the [Ohio] abortion rights issue, except this was more pronounced. “We received more votes than abortion.” “We get more votes than anyone on the ballot.”

The White House said separately that “nothing has really changed” with regards to President Joe Biden’s position on marijuana. They declined to state if they supported Ohio’s decision to legalize the drug or if they supported further reforms of federal cannabis laws.

According to preliminary results of county elections, while Ohio voters approved the statewide legalization of marijuana, activists scored a number of small victories to criminalize higher amounts of cannabis in 3 Ohio cities.


New Hampshire Marijuana Legalization Commission Failed To Reach Consensus; Votes Against Recommending A Bill For 2024

The article Ohio Republican lawmaker files bill to allow cities to ban marijuana use and home grow one week before legalization takes effect first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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