Drawing of of large marijuana leaf in front of many leaves. The Senate's revision of Issue 2 would allow Ohioans 21 years of age or older to purchase marijuana at existing dispensaries once the bill takes effect.
James V. Canepa has been named the first superintendent of the newly created Division of Cannabis Control. The announcement of his appointment came a week after marijuana possession became legal in Ohio. Credit: Jeff Haynes / Signal Cleveland

Today’s the day.

As you read this, if you are 21 and older, you can legally have 2.5 ounces of marijuana in hand. For now.

Ohio voters overwhelmingly approved Issue 2, legalizing recreational marijuana. Greater Clevelanders turned out in big numbers for the November election, helping to make the Buckeye State 24th to legalize recreational cannabis. 

In the last week, Republican lawmakers introduced several bills calling for modifications of Issue 2, from small changes to banning home grow, reducing the THC levels in cannabis products, and increasing the sales tax. Yesterday, the Ohio Senate passed a bill that includes one of those changes, and several others that weren’t even on the table two days ago. The Ohio House is expected to consider this bill, called House Bill 86, next week.

The biggest change is that sales of recreational cannabis products would begin immediately. (Issue 2 gave the Ohio Department of Commerce nine months to make rules and begin issuing licenses.) Here are some of the other changes included in House Bill 86.

Home grow in Ohio

Issue 2 allows adults over 21 to grow up to six plants per person and 12 plants per household.

House Bill 86 would limit household plants to six.

Sales tax and allocation of revenue

Issue 2 taxed sales of recreational marijuana prodcuts at 10%. The new bill would raise that to 15%.

The new bill also dramatically changes the way Issue 2 allocates the revenue from the sales tax. Issue 2 establishes funds and set the share of the total tax revenue that each fund should receive:

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

In the House Bill 86 breakdown, the largest amount would go to a county jail construction fund, according to Ohio Capital Journal. The rest would be divided among:

  • Department of Public Safety law enforcement training fund
  • Attorney General law enforcement training fund
  • Substance abuse, treatment, and prevention fund 
  • Suicide & Crisis Lifeline fund
  • Marijuana receipts drug law enforcement fund
  • Marijuana expungement fund
  • Safe driver training fund
  • Ohio Investigative Unit Operations fund
  • Division of Marijuana Control Operations fund
  • Marijuana poison control fund
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Fears of a “black market”

At a press conference yesterday, Gov. Mike DeWine explained that Republican lawmakers were concerned that if possession of marijuana were legalized immediately, but retail sales were delayed until next summer or fall, the “black market” would be flooded with unregulated pot. That’s why HB 86 calls for legalizing sales immediately.

“People will be getting it from many sources, none of them legally,” he said. “The consumption will go up. People will be able to use it, but they won’t be able to really buy it anywhere. We do not need an expanding black market.”

He added that people could unknowingly buy marijuana with fentanyl, pesticides, metal or “other toxic contaminants.”

DeWine said that HB 86 also includes restrictions on smoking in public places, so that families aren’t exposed to it while “waiting in line to see the Nutcracker PlayhouseSquare in Cleveland next week” or visiting a holiday light display.

Questions about recreational marijuana in Ohio?

We are still getting questions about recreational marijuana, and Signal Cleveland will continue to get you as many answers as we can. So keep them coming. Leave us a message or text us at 216-220-9398.

Associate Editor and Director of the Editors’ Bureau (he/him)
Important stories are hiding everywhere, and my favorite part of journalism has always been the collaboration, working with colleagues to find the patterns in the information we’re constantly gathering. I don’t care whose name appears in the byline; the work is its own reward. As Batman said to Commissioner Gordon in “The Dark Knight,” “I’m whatever Gotham needs me to be.”