Ohio voters approved a measure to legalize recreational cannabis in November 2023, but the implementation of the program has been fraught with challenges and controversies. The state legislature, the governor, and the newly created Division of Cannabis Control have been at odds over the details and timeline of the law, leaving consumers and businesses in limbo.
Voters Said Yes, But Lawmakers Said No
Issue 2, the ballot initiative that legalized recreational cannabis in Ohio, passed with 57% of the vote, making Ohio the 24th state to allow adult marijuana use for non-medical purposes. The measure also directed revenues to a social equity and jobs program, and allowed adults 21 and over to buy and possess up to 2.5 ounces of cannabis and to grow up to six plants per individual or 12 plants per household at home.
However, the Republican-controlled legislature was opposed to the initiative and tried to undo key provisions of the law. In December 2023, the Senate passed a bill that would delay the legalization for at least a year, limit home cultivation, and divert most of the marijuana revenue to jail construction grants and law enforcement training. The bill also gave the governor the power to appoint the members of the Division of Cannabis Control, the agency responsible for regulating the recreational program.
The bill faced strong opposition from the House, the cannabis industry, and the public. The House Speaker said he would not support the bill, and the cannabis advocates threatened to sue the state if the bill became law. The governor also expressed his concerns about the bill, saying he wanted to respect the will of the voters and implement the law as soon as possible.
A Compromise Bill Emerges
In February 2024, the Senate passed a revised bill that would allow adults to start buying marijuana from existing medical dispensaries in as soon as 90 days, while the Division of Cannabis Control works on the rules and regulations for the recreational program. The bill also restored the social equity and jobs program, and reduced the governor’s influence over the Division of Cannabis Control.
The bill was seen as a compromise between the Senate and the governor, who had appointed Jim Canepa, the former head of the Division of Liquor Control, as the director of the Division of Cannabis Control in January 2024. Canepa said he planned to work with the existing cannabis industry and the public to create a professional, responsible, and accountable recreational program.
The bill still needs to pass the House and be signed by the governor before it becomes law. The House Speaker said he was optimistic that the bill would pass, but some lawmakers and cannabis advocates still have reservations about the bill. They argue that the bill does not fully reflect the intent of the voters, and that it gives too much power to the Division of Cannabis Control to set the rules and fees for the recreational program.
Medical Dispensaries Prepare for New Customers and Rules
Ohio has about 175,000 registered medical marijuana patients as of November 2023, and more than 50 dispensaries operating across the state. The medical program will still exist under the new marijuana law, but it will change, possibly allowing existing dispensaries to get “dual use” licenses to sell recreational marijuana too.
Some dispensary owners said they were excited about the opportunity to serve more customers and expand their businesses, but they also faced some challenges and uncertainties. They said they had to hire more staff, increase their inventory, and educate their consumers about the differences between medical and recreational cannabis.
They also said they were waiting for the Division of Cannabis Control to issue the rules and regulations for the recreational program, such as the licensing fees, the testing standards, and the packaging requirements. They hoped that the rules would be fair and reasonable, and that they would not favor large corporations over small businesses.
They also expressed their concerns about the social equity and justice aspects of the recreational program, especially for the minorities and the communities that have been disproportionately affected by the war on drugs. They said they wanted to see more diversity and inclusion in the cannabis industry, and more expungement and clemency for the people with past marijuana convictions.
What’s Next for Ohio’s Recreational Cannabis Program?
Ohio’s recreational cannabis program is still in its infancy, and it will take some time before it is fully operational and accessible to the public. The Division of Cannabis Control has a lot of work to do to establish the rules and regulations for the program, and to issue the licenses and permits for the businesses and the consumers. The legislature and the governor also have to finalize the bill that will amend the law and set the framework for the program. The cannabis industry and the advocates also have to monitor the progress and the challenges of the program, and to ensure that it is fair and equitable for all stakeholders.
Ohio’s recreational cannabis program has the potential to create a new source of revenue, jobs, and economic development for the state, as well as to provide a safer and more regulated alternative to the black market. However, the program also faces some risks and uncertainties, such as the legal conflicts with the federal law, the public health and safety issues, and the social and environmental impacts. The success of the program will depend on how well the state can balance the interests and the concerns of the various parties involved, and how well it can adapt to the changing and evolving cannabis landscape.
