An Ohio House GOP lawmaker has introduced his own set of changes to cannabis law, just a week after the Senate sent over an overhaul of the state鈥檚 adult-use program along party lines.
, introduced by Rep. Brian Stewart (R-Ashville), addresses both the existing medical and recreational programs as well as delta-8 THC and other similar products. The latter have gone unregulated by the state for years, but lawmakers haven鈥檛 coalesced around what to do with them鈥攚hether it be an altogether ban, an age restriction or something in between.
Stewart said Thursday they are 鈥渋n many ways indistinguishable from legal marijuana,鈥� which is why HB 160 moves to put the products behind dispensaries鈥� counters.
鈥淓very THC product, whether it鈥檚 delta-8, diet weed, THC beverages, whatever you want to call it,鈥� Stewart said. 鈥淚f it gets you high, it goes through a dispensary, period.鈥�
As for already-regulated cannabis, HB 160 includes a public smoking ban but allows for cannabis smoking and combustion on residential privately-owned property, like a person鈥檚 front porch. The Senate version, , limits Ohioans to partaking inside private residences. It also leaves home grow alone, maintaining a 12-plant maximum per household.
Both bills limit how concentrated dispensaries鈥� THC products can be, maxing out at 35% for plants and 70% for concentrates and extracts, although the Ohio Department of Commerce could raise or lower that figure.
The legislature is listening to the marijuana industry more than it was a year ago, said Adrienne Robbins, deputy executive director for industry trade association the Ohio Cannabis Coalition. OHCANN, however, opposes THC caps.
鈥淲e don鈥檛 think that this is necessarily a potency argument, but a purity one,鈥� Robbins said. 鈥淎ny time that you are taking the potency down like that, you鈥檙e adding in other fillers or products, and we don鈥檛 think that鈥檚 beneficial to consumers. All of the products have dosage recommendations to make sure that they are safe for consumers.鈥�
HB 160, like the latest version of SB 56, also leaves the excise tax at 10%.
鈥淥ur tax policy should incentivize Ohioans to buy affordable, regulated, state-grown marijuana rather than pushing them to the black market, or even worse yet, to Michigan,鈥� Stewart said.
But it restructures what鈥檚 known as the Host Community Cannabis Fund, set aside for municipalities with marijuana dispensaries. At 36%, more than one-third of tax revenue from the state鈥檚 relatively young recreational cannabis program was earmarked for the fund. This would pare it back to 20%, and then eliminate it after five years.
It鈥檚 unclear so far which, if any, tweaks will make it to Gov. Mike DeWine鈥檚 desk. Lawmakers have gone back and forth over changes since cannabis became legal for Ohioans 21 and older in December 2023, with the Senate largely leading the discussion.
鈥淭he Senate is relatively familiar with this debate and what our thoughts are on it. They (the House) will be taking this to the floor, presumably for the first time, and so we have to see what they鈥檙e wanting to do," Senate President Rob McColley (R-Napoleon) said Wednesday.
HB 160 is awaiting committee assignment.
