Governor Expresses Concerns About Black Market Sales and Accessibility of Harmful Products
In a significant development, adults in Ohio can now legally grow and possess cannabis at home. However, the establishment of legal purchasing procedures is still pending. Republican Governor Mike DeWine has expressed concerns about the potential for black market sales and the accessibility of marijuana products that could be harmful. While certain aspects of the law can be immediately enforced, uncertainties remain regarding legal purchasing and regulatory details.
Lawmakers Delay Implementing a Legal Sales Scheme
Representative Jamie Callender has stated that there is no strict deadline for implementing a legal sales scheme. He believes that growing marijuana at home or allowing possession should proceed according to the wishes of the voters. Callender also emphasized the importance of taking adequate time to carefully consider the legislation and address any potential issues prior to its implementation. Representative Bill Seitz also defended the decision to adjourn without acting on the pending legislation, citing the need for lawmakers to thoroughly work through the complexities of setting up cannabis sales, taxation, and regulatory structures.
DeWine Worries About Potential Risks
Governor DeWine openly expressed concern about a worst-case scenario, highlighting the possibility of flourishing black market sales and the potential for marijuana products laced with fentanyl or pesticides becoming more accessible. He referred to the current situation as a “recipe for disaster.”
The Citizens’ Initiative and the Compromise
Last year, lawmakers had four months to act on the citizens’ initiative, known as Issue 2. However, the GOP-controlled Legislature chose not to take any action. As a result, the issue was placed on the November 7 ballot, where it received 57% of the vote. The initiative permits adults aged 21 and over to purchase and possess up to 2.5 ounces of cannabis and grow up to six plants per individual or 12 plants per household at home. It also required the state to establish a system for legal marijuana purchases within nine months, subject to a 10% tax. The revenue from sales was intended to fund administrative costs, addiction treatment, dispensaries in municipalities, social equity programs, and job programs in the cannabis industry.
Just days before the law was set to take effect, a proposed rewrite was introduced that deviated significantly from what the voters had approved. This angered the supporters of the initiative and alarmed both parties in the House. The proposed rewrite included provisions to outlaw home cultivation, reduce the possession limit to 1 ounce, raise the tax rate on purchases to 15%, eliminate tax revenue funding for social equity programs, and redirect most of the tax money to a general state government fund.
However, a compromise was negotiated with Governor DeWine and approved by the Senate. The compromise reduces the number of household plants allowed to six, retains the higher 15% tax on purchases, and lowers the allowable THC levels for cannabis extracts from 90% to 50%. It also restores the 2.5 ounce possession limit and allows plants with up to 35% THC, while removing state control over most of the revenue.
Democratic Support and the Possibility of a Referendum
The drafters of the legislation gained Democratic support by including a provision for expunging the criminal records of individuals convicted of possessing up to 2.5 ounces of marijuana. The legislation also includes requirements for child-safe packaging and bans on advertisements targeting children, which are priorities for Governor DeWine.
If lawmakers deviate too far from what the voters approved, the Coalition to Regulate Marijuana Like Alcohol or other proponents of Issue 2 can pursue a referendum. This possibility should encourage lawmakers to work with proponents of more relaxed marijuana laws. Ohio’s constitution expert, Steven Steinglass, believes that the current maneuvering is unprecedented. He noted that in the past 111 years, voters have only approved three initiated statutes, and none of them have been amended, repealed, or altered by the General Assembly.
Addressing Concerns and Enforcing the Law
Senate President Matt Huffman has stated that the compromise respects the voters’ decision while addressing important concerns. He emphasized the need to prevent illegal sales and the establishment of a black market. Meanwhile, certain aspects of the new law can be immediately enforced. Louis Tobin, the executive director of the Ohio Prosecuting Attorneys Association, highlighted that carrying less than 2.5 ounces of marijuana will now be difficult to prosecute, but law enforcement will still be vigilant. Smoking in cars, carrying more than the legal limit, engaging in private sales, and driving under the influence will continue to be illegal.
In summary, Ohio’s legalization of home cultivation of cannabis is a significant development. However, the establishment of legal purchasing procedures remains uncertain. Governor DeWine’s concerns about black market sales and harmful products have contributed to the cautious approach taken by lawmakers. The compromise reached with the Governor aims to address these concerns while still respecting the voters’ decision. As the process continues, it remains to be seen how Ohio’s cannabis industry will evolve and what impact it will have on the state.
