COLUMBUS – Ohio residents have long crossed the border into Michigan to buy recreational marijuana. But that cross-state cannabis run may soon come to an end.
A new bill moving through the Ohio legislature would make it illegal to possess or smoke marijuana that wasn’t legally grown inside the state — even though voters approved adult-use legalization in 2023.
The 2023 law broadly legalized possession and use of recreational marijuana. However, lawmakers are now pushing to tighten those rules dramatically.
Buying Pot In Michigan Would Become A Crime
Under the proposed legislation, only marijuana cultivated, processed, purchased, and tested within Ohio would be legal to possess or use. Any cannabis bought in another state — including Michigan — would be classified as contraband.
According to the Legislative Service Commission, the bill would allow only three types of legal marijuana:
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Medical marijuana grown, processed, dispensed, and tested under Ohio’s Marijuana Control Law
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Adult-use marijuana produced and sold under that same regulatory framework
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Homegrown marijuana cultivated and processed at an adult user’s primary residence in accordance with state rules
The analysis makes the shift clear: out-of-state marijuana, which is currently legal to possess, would become illegal.
“An adult-use consumer may legally possess and use marijuana acquired from an out-of-state dispensary under current law,” the report states. “Under the bill, out-of-state marijuana is contraband.”
This proposal is part of a wider package of changes aimed at reshaping Ohio’s marijuana system.
The bill also brings currently unregulated intoxicating hemp products under tighter control, treating them much like marijuana. One temporary exception: THC beverages, which would remain legal for now.
NORML Objects To Proposed Law
According to NORM, the verdict is in on hemp in Ohio. After going through the House and Senate in the Buckeye State, Senate Bill 56 (SB 56) was sent to a legislative conference committee where members voted to approve, as well as advance a “negotiated” version of the bill (1,2). The new version brings new updates to the voter-approved adult-use cannabis legalization legislation.
According to NORML, the bill that was led by Republicans states that “consumers cannot legally possess cannabis products sourced from out of state, including products legally purchased at licensed dispensaries in neighboring jurisdictions. No other legalization state imposes such restrictions,” (2). Additionally, “It also repeals provisions that currently protect adult-use consumers from facing either workplace or professional disciplinary action, as well as other forms of discrimination based solely upon their private marijuana use. It imposes new arbitrary limits on the percentages of THC permitted in adult-use and medical cannabis concentrates and it caps the total number of retail licenses permitted statewide.”
Senate Bill 56 (3) would limit the sale of some hemp-derived products so that they can only be purchased from state-licensed dispensaries, establish a path for individuals who are interested in expunging prior cannabis-related convictions, specify that adults can consume cannabis legally within their private property, as well as redirect a portion of tax revenues stemming from cannabis transactions that would go to individual municipalities that license cannabis retailers (2).
Ohio’s voter-approved cannabis legalization law was approved by 57% of state voters in 2023 (2).
Ohio Senate President Says Cannabis Needs Stroger Regulation
Prior to the bill heading to the legislative conference committee, Ohio Senate President Rob McColley expressed that, “I think it’s abundantly clear we need a regulatory structure around hemp and intoxicating hemp products.” McColley added (1), “We have some issues to work out, but I’m confident we can work those issues out.”
“It restricts consumers who home-cultivate cannabis from harvesting more than 2.5 ounces of total flower, and it imposes felony penalties for those who grow more than six plants at one time. It imposes new arbitrary limits on the percentages of THC permitted in adult-use and medical cannabis products and it caps the total number of retail licenses permitted statewide,” NORML reported (1). “Other provisions in the legislation create an expedited pathway for those seeking to expunge past marijuana-related convictions, regulate the sale of certain hemp-derived products, and redirect a portion of tax revenues from marijuana sales to individual municipalities that license cannabis retailers.”
“Lawmakers had years to craft legislation regulating Ohio’s adult-use marijuana market. They chose not to do so, instead leaving the decision up to the electorate. Legislators do not have the right to play Monday morning quarterback now simply because most Ohioans voted in a way they disapprove of,” NORML Deputy Director Paul Armentano and Political Director Morgan Fox, published in The Columbus Dispatch, commented (1).
“NORML is asking all Ohioans who care about personal freedom and the rights of voters to urge the legislature to reject SB 56 in its current form,” said Fox in response to the House approving the intoxicating hemp bill (1). “This isn’t what Ohioans voted for, and the fact that this bill is being rushed through the legislature, with almost no opportunity for public comment, indicates that lawmakers know they are undermining the will of the voters. Regardless of where one stands on cannabis issues, everyone should be outraged at this.”
Senate Bill 56 will now be heading towards a final vote in the Senate. It approved, the bill will then be directed to Governor Mike DeWine’s desk, where it would then become official legislation and be signed into law.
