The Ohio House of Representatives Finance Committee met for a second consecutive day today to hear testimonies on legislators’ plans to change the Adult Use cannabis law that went into effect on December 7th.
Changes proposed by Sub.HB86 and HB354
Two bills were entered last week to alter the Ohio Adult Use cannabis program as it was outlined in Issue 2 and codified as Chapter 3780 of the Ohio Revised Code. Last week, Sub.HB86 (which eliminated home grow and made other sweeping changes to what voters approved) was altered dramatically after thousands of advocates made their voices heard. The new version passed unanimously in the Senate last week and was referred to the Rules and Reference Committee, but the bill has not yet been called up for further review.
HB354 would stay truer to Issue 2’s language than Sub.HB86, but would make changes to the taxes and funds. Specific changes include:
- An excise tax of 10% of an adult-use cultivator’s adult-use cannabis receipts for the tax period creates the following funds in the State Treasury:
- A receipts fund (where all funds will be deposited)
- A local jail fund – 36%
- County Sheriff fund – 36%
- Law enforcement training fund – 23%
- Crime Victims Assistance Fund – 5%
On December 12th and 13th, proponents, opponents and interested parties for HB354 were heard. The meetings lasted for several hours, with dozens of citizens commenting on the parts of the issue that mattered to them.
Highlighted Testimonies
On December 12th, testimonies centered around topics including:
- There remains a need for child-proof packaging.
“The Ohio medical program is better than other states with children and animals in mind.” -Tim Johnson, Cannabis Safety First
- Law enforcement shouldn’t be receiving funding from cannabis revenue.
“My concern is that through some of the reforms, we would be moving from puff puff pass to puff puff police. That is in total contradiction to what Ohioans voted for.” – Cat Packer, Drug Policy Alliance
- Revenues from cannabis should consider going toward expungement and releases– processes that can be complicated and expensive without legal aid.
“There is still a lack of understanding of what folks can seal, so outreach and education are important; even if folks know that they’re eligible, it can be confusing…The idea of going to court without a lawyer or good counsel is an impossible task to ask people to do on their own.” – Colleen Cotter, Legal Aid Society of Cleveland
- The culture of sharing cannabis needs to remain legal.
“Criminalizing the sharing of weed is ludicrous. Sharing is an essential part of cannabis. It will backfire.” – Don Wirtshafter, Cannabis Museum, Athens Ohio
- Recovery providers raise concerns about a possible increase in cannabis addiction with this new law. They request funding for addiction services to be diverted from cannabis tax revenues.
“We need adequate funding and we want those providing services in jail to be credentialed and licensed.” -Thomas Stuber, Ohio Alliance of Recovery Providers
- Hemp farmers need laws written that benefit them, instead of hurt them.
“Hemp farmers and producers will be affected by this law and half of their products will be made illegal due to the irresponsibility of the delta-8 market.” -Joshua Crosser, Soiled Obsessions Agricultural Consultations
- Out-of-state companies are dominating the market and pushing small businesses out.
“Can we give the little guys a shot at this?” – Joshua Crosser, Soiled Obsessions Agricultural Consultations
- Home grow is important and limits should not be decreased or dismissed.
“This is a craft hobby, rich in culture…the possession limit is rather low, compared to the medical marijuana and decriminalized limits, and would put home growers over the limit.” – John Lutz, OhioCannabis.com
- “Gas-station” hemp products need to be regulated.
“Ohio has no jurisdiction over CBD. That is the FDA. Gas station gummy bears are not marijuana. [Ohio needs to] draw a strict line between the regulated industry and the distribution of imitation, untested, and unsafe chemicals through our gas stations, health food stores, and our pharmacies.” -Don Wirtshafter, Cannabis Museum
- The Ohio voters know what they voted for and legislation needs to respect their wishes.
“The narrative the people are too stupid to know what they voted for is frankly offensive.” -Saraquoia Bryant, Cool Digs Athens
- Michigan market and black market concerns remain.
“I hate losing to the Black Market and I hate losing to Michigan.” -Tom Hobson, Wellspring Fields
- Concerns were raised over Level II Ohio cultivators being shut out by MSOs. (Suggestion: Level II cultivators would get two adult-use dispensaries instead of just one, as it’s written currently.)
“As Level II’s, we’re the smallest (realistically) operators in the state..if we’re not given some consideration in this process going forward, the likelihood that we just get squashed by the much larger and more capitalized businesses–it’s real.That’s a very real concern for us.” -Geoff Korff, Galenas
December 13th: HB354 Testimonies Continue
December 13th brought additional testimonies on topics such as:
- Job Training.
“People can’t climb the cannabis ladder without fundamental education.”
-Austin Briggs, Cleveland School of Cannabis
- Social equity.
“People want to see the companies supporting their communities.”
-Ally Reaves, Midwest CannaWomen
- Education.
“We have something [in the medical marijuana program] called CEUs, which dispensary employees are required to obtain – 16 hours every 2 years. Cultivation, processing, and testing have 0 CEUs required. It doesn’t make sense. We need CEU requirements for them as well.”
-Tim Johnson, Cannabis Safety First
- Hemp.
“If we don’t regulate and we change the definition of hemp…it will have a trickle-down effect. Businesses will lose revenue and have to cut the workforce.”
-Cody Merica, self
- Home Grow.
“Many people who try it will fail. A lot of people think it is easy and then it takes too much time and effort so they give up.”
-Brandon Baker, self
- Home processing.
“Home grow isn’t just about smoking a joint – we want to make our own topical and consumable products”
-Tim Johnson, Cannabis Safety First
- Funding for after-school programs.
“Education funds do not trickle down to community-based organizations.”
-Michele Ritchlin, self
Read all of the testimonies submitted here:
https://ohiohouse.gov/legislation/135/hb354/committee
Watch the recordings of the hearings here:
Results of the Hearing
The Senate Finance Committee hearings on HB354 ended abruptly this afternoon after everyone present gave their oral testimony. There was no announcement about advancing the bill or what was to happen next. The House Finance Committee members commented throughout the hearings they remain committed to hearing the people out, taking their time, and molding a sensible adult-use law for Ohio.
What Happens Next?
More meetings regarding the adult-use program will take place in coming weeks and months where legislators can hear the will of the people and discuss further changes needed to the bill language. This may include more hearings on HB354 and Sub.HB86, or additional legislation if it’s proposed.
Subscribe for updates from MedicateOH to stay in the know about when and how you can have your voice heard by lawmakers, and if changes to the law are implemented.
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