Following several revisions of Senate Bill 56 (SB 56) aimed at revising the state’s cannabis and hemp laws, it now heads to Ohio’s House of Representatives for consideration. In the House, State Representative Brian Stewart (R-Ashville) yesterday introduced his own bill, House Bill 160 (HB 160) that makes similar dramatic changes to what voters approved via the ballot in November 2023.
How We Got Here: Ohio Issue 2 Becomes Law
In November 2023, Ohio voters approved Issue 2, legalizing adult-use (recreational) cannabis for citizens aged 21 and over. This measure allowed possession of up to 2.5 ounces of cannabis and 15 grams of concentrates, as well as home cultivation of up to six plants per person, with a maximum of 12 plants per residence. The law also established a 10 percent sales tax on cannabis products, with revenues allocated to social equity programs, local communities permitting dispensaries, education, and administrative costs.
SB 56 and HB 160 both would alter what the citizens approved. While both bills propose stricter regulations compared to the provisions of Issue 2, HB 160 introduces several key changes. Some that are more restrictive, but some that are less so. We’ll analyze both.
Less Restrictive Provisions of HB 160:
- HB 160 would maintain the 12-plant per household cap that voters approved. SB 56 would drop that to 6.
- HB 160 would allow consumption in any private residential space that allows it, but not in public spaces. SB 56 would prohibit consumption to only private residences.
- HB 160 would not cap edibles. SB 56 would cap edibles at 100 mg per package.
- HB 160 would allow the sharing of home grown cannabis within the household to Ohioans of legal age. SB 56 outlaws sharing, even between spouses.
More Restrictive Provisions of HB 160:
- HB 160 further punishes cannabis use in a vehicle, including as a passenger, adding fines and felony charges for multiple offenses.
- HB 160 will move all intoxicating hemp products to be sold only in licensed dispensaries. They would no longer be able to be sold in retail, CBD stores or gas stations.
- Licensing: SB 56 establishes a list of criminal offenses that disqualify individuals from obtaining a cannabis license. HB 160 expands the criminal restrictions of SB 56 by adding more disqualifying offenses, including broader categories of violent crimes, thereby limiting opportunities for individuals with certain criminal histories.
- Like SB 56, HB 160 permits employers to prohibit cannabis use and deny workers’ compensation claims if an employee tests positive, potentially affecting employee rights and workplace policies. HB 160 keeps prices high with unnecessary taxes & licensing caps and provides no additional protections for medical patients. Neither bill addresses issues of affordability or access, neglecting the needs of the medical patient population.
- Both bills limit how concentrated THC products can be, maxing out at 35% for flower and 70% for concentrates and extracts. However, HB160 gives the Ohio Division of Cannabis Control (DCC) the rule-making authority to increase the cap.
Other Key Changes of HB 160
Taxation
- SB 56: Imposes a 10% excise tax, with funds directed toward regulatory enforcement.
- HB 160: Maintains the 10% excise tax but introduces a new local tax distribution mechanism, directing 20% of funds from the General Revenue Fund for 5 years specifically to municipalities that host dispensaries. Issue 2 approved 36 percent to go to host communities forever, so this represents a wide change from what was promised and could cause an impact in those communities.
Dispensary Locations & Zoning
- SB 56: Imposes strict dispensary distance requirements, potentially limiting access in areas.
- HB 160: Modifies these distance requirements but allows local governments to impose additional restrictions or block dispensaries altogether.
Comparison of Proposed Penalties Under HB 160 vs. Current Law vs. Pre-Legalization
HB 160 proposes stricter penalties for certain cannabis-related offenses compared to current laws and even pre-legalization statutes.
Recriminalization of Public Consumption
- Pre-Legalization: Misdemeanor, fines up to $150.
- Current Law: Minor misdemeanor, small fines or decriminalized completely depending on municipality.
- HB 160 Proposal: Higher fines; repeat offenses could lead to jail time and felony charges, increasing the severity of penalties for public consumption.
Driving Under the Influence of Cannabis
- Pre-Legalization: Operating a Vehicle Impaired (OVI) charge, license suspension, possible jail time.
- Current Law: Still an OVI, but requires proof of impairment, not just THC presence.
- HB 160 Proposal: Maintains OVI penalties but increases mandatory jail time and fines for repeat offenders. Does not update THC impairment standards, meaning drivers could be penalized even if not impaired, raising concerns about fairness and accuracy in enforcement.
Cannabis Use in a Vehicle as a Passenger
- Pre-Legalization: Misdemeanor, potential license suspension.
- Current Law: Prohibited, but only a minor misdemeanor fine.
- HB 160 Proposal:
- 1st Offense: Mandatory 3-day jail sentence, $375-$1,075 fine, license suspension.
- 2nd Offense (within 10 years): Mandatory 10-day jail sentence, fine up to $1,625, longer license suspension.
- 3rd Offense (within 10 years): Felony, mandatory 1-5 years in prison, fine up to $10,500, license suspension.
- Notably, HB 160 proposes treating cannabis passengers with felonies, while open container alcohol violations remain minor misdemeanors, indicating a disparity in how substances are regulated.
Possession of Cannabis Above Legal Limits
- Pre-Legalization: Misdemeanor with fines up to $150 for less than 100 grams; felony for larger amounts.
- Current Law: Issue 2 made it legal for adults 21+ to possess up to 2.5 ounces; more than that is a civil offense.
- HB 160 Proposal:
- Possessing more than 2.5 ounces but under 5 ounces: Misdemeanor, $500 fine, possible community service.
- More than 5 ounces: Felony charges, mandatory jail time for repeat offenses, indicating a shift back toward more severe penalties reminiscent of pre-legalization statutes.
What Happens Next?
HB 160 may be assigned to a committee to be voted on in coming days or weeks. It would still need to pass through both the House and the Senate. SB56 was passed in the Senate and could also be taken up by the House for consideration.
How Can I Make My Voice Heard?
Here’s how you can help advocate for your cause regarding the details of this bill:
- Call and write to your local representatives in the House by looking them up here.
- Call and write to HB160’s primary sponsor Brian Stewart and any of the reps in the committee when announced, which can be found here.
- Plan to attend Lobby Day on March 20th, 10-4 p.m. at the Statehouse
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Editor’s note: Our thanks to cannabis advocate Carrie Eickleberry for her analysis of this bill which contributed to our report.
