Adults in Ohio Can Legally Grow Marijuana, But Can’t Buy It
- Ohio adults can now legally grow and possess cannabis at home, but the legislation doesn’t allow for legal buying. This is after voters approved Issue 2, a citizen initiative, in November. However, the law’s implementation has been delayed as lawmakers work out the specifics of legal sales, taxation, and regulatory frameworks. The Republican Governor, Mike DeWine, has expressed concerns about potential risks, such as black market sales and accessibility to harmful substances in the absence of a legal sales scheme.
- The law allows adults 21 and over to buy and possess up to 2.5 ounces of cannabis, and grow up to six plants individually or 12 per household. It also mandated the state to set up a system for legal marijuana purchases within nine months, subject to a 10% tax. The revenue generated from these sales was to be divided among administrative costs, addiction treatment, municipalities with dispensaries, social equity and jobs programs supporting the cannabis industry. Senate Republicans proposed changes to these provisions, triggering disagreements from various stakeholders.
- Despite the delay in setting up a legal sales scheme, parts of the new law can be enforced immediately, such as restrictions on public smoking and traffic offenses related to cannabis use. As the lawmakers continue to work on the specifics of the law, options like a referendum remain open if the final law deviates significantly from what the voters approved in Issue 2. Meanwhile, the Senate compromise aims to respect the voters’ decision while addressing key concerns such as preventing illegal sales.
Ohioans in a Grey Zone for Recreational Marijuana Use
Residents of Ohio discovered a new paradox on Thursday: they can now legally grow and possess marijuana at home, but it remains illegal to purchase it. After voters approved Issue 2 in November, a citizen initiative legalizing cannabis, adults can possess and grow the plant. However, the state is yet to establish a legal sales framework.
Lawmakers Urged to Act
Governor Mike DeWine pressed the state Senate to establish regulations for Issue 2. Despite the Senate’s last-minute deal, the House adjourned without voting. Representative Jamie Callender indicated there’s no firm deadline for the implementation of a legal sales system, advocating for careful consideration of the issue.
Concerns Over Black Market Sales
DeWine expressed concerns over potential black market sales or a spike in dangerous, laced marijuana products, terming the current situation a potential “recipe for disaster.” The GOP-controlled Legislature had four months to act on Issue 2, but the measure still ended on the Nov. 7 ballot and passed with 57% of the vote.
Legal Purchase Rules and Taxes
Issue 2 enables adults to buy and possess up to 2.5 ounces of cannabis, and grow six plants individually or 12 per household. The law required the state to set up a legal purchase system within nine months, subject to a 10% tax. Sales revenue would be allocated among administrative costs, addiction treatment, municipalities with dispensaries, and various programs supporting the cannabis industry.
Senate Proposals Raise Eyebrows
Days before the law came into effect, Senate Republicans proposed a drastic rewrite, suggesting a ban on home-grown marijuana, reducing the legal possession limit to one ounce, and raising the tax to 15%. This proposed change has caused unrest among the citizenry and legislative houses.
Compromise Leads to Reduced Restrictions
A compromise approved by the Senate cut the number of household plants to six, kept the 15% tax, and lowered the maximum THC levels for extracts. The deal also reinstated the 2.5 ounces possession limit. The law will also expunge the records of individuals convicted of possessing up to 2.5 ounces.
Referendum Possibility if Legislation Strays
If lawmakers deviate significantly from voter approval, proponents of Issue 2 can pursue a referendum. Dean emeritus of the Cleveland State University College of Law, Steven Steinglass, believes this prospect should motivate legislators to cooperate with proponents of relaxed marijuana laws.
Immediate Enforcement Aspects
Louis Tobin, executive director of the Ohio Prosecuting Attorneys Association, affirmed that some parts of the new law can be enforced immediately. Carrying more than 2.5 ounces, private sales, and driving under influence remain illegal activities.
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