Ohio Issue 2, the ballot initiative that legalized growing and using recreational marijuana in the state, is supposed to take effect on Dec. 7. But a flurry of activity in Columbus is raising questions about the near- and long-term future of the law.

On Monday, a committee in the Ohio Senate voted to add new language to existing legislation related to liquor laws, House Bill 86, that would ban marijuana home grow and make other major changes.

On Tuesday, State Rep. Jamie Callender introduced yet another bill, HB 354, that makes small changes but mostly reflects the letter and spirit of Issue 2.

And last week, State Rep. Gary Click introduced House Bill 341, which would repeal a few key portions of Issue 2 and replace them with new provisions to be determined after public hearings.

Here’s what we know about the most significant changes that these bills could make. 

Home grow

Issue 2: Adults over 21 can grow up to six plants (maximum 12 plants per house) in a locked, enclosed area that’s not accessible to children or visible to the public.

House Bill 341: No change.

House Bill 86: Would ban home grow.

House Bill 354: Preserves Issue 2’s home grow provision.

Tax rates

Issue 2: 10% tax on sales of recreational marijuana products.

House Bill 341: No change.

House Bill 86: Would raise the sales tax to 15% and add a 15% tax on marijuana cultivators.

House Bill 354: 10% tax on sales of recreational marijuana products and 10% tax on marijuana cultivators.

Allocation of tax revenue

Issue 2: Establishes funds and the share of the total that each should receive.

• Social equity and jobs programs (36%) 
• Funding for dispensary host communities (36%) 
• Addiction treatment and education (25%) 
• Regulatory and administrative costs (3%)

House Bill 341: Would add a new category for funding–law enforcement training. It also would expand the scope of the addiction treatment and education fund to include research; keep regulatory and administrative costs at 3%; and cap all the other funds at 19.4%.

House Bill 86: Would send 45% to the state’s General Fund; 30% to law enforcement training; 15% to a marijuana substance abuse treatment and prevention fund; and 10% to a safe driver training fund.

House Bill 354: Would allocate 36% to social equity programs run by counties; 36% to municipalities with marijuana dispensaries; 12.5% to the 988 suicide and crisis lifeline; 10% to county jails for mental health treatment; 3% to administration; and 2.5% to a substance abuse and addiction fund.

THC levels

Issue 2: Maximum of 35% for plant material and 90% for extracts.

House Bill 341: No change from Issue 2.

House Bill 86: Maximum of 25% for plant material and 50% for extracts. 

House Bill 354: No change from Issue 2.

“This is not what voters wanted”

Tom Heran, spokesman for the coalition that got Issue 2 on the ballot and campaigned for it, accused legislators of ignoring the will of voters.

“Now, after Ohio voters overwhelmingly passed it, some in the Ohio Senate propose to gut Issue 2’s most important provisions, including home grow and social equity, and triple the tax rate,” Heran said.

When asked, he agreed that if legislators raise the taxes, lower the potency of cannabis products and limit the number of dispensaries, Ohioans may turn to buying cannabis products in Michigan. 

“This is not what voters wanted,” Heran said. “We think the Ohio Senate should shelve this proposal and implement Issue 2 as it stands.”

Heran said the coalition was still evaluating House Bill 354.

The Cincinnati Enquirer reported that the Senate could vote on HB 86 as soon as Wednesday. Callender told the Enquirer that a House committee would review HB 354 that day, but he did not expect a vote.