COLUMBUS – An Ohio bill to significantly revise the state’s marijuana program, while adding new restrictions to the hemp market, has hit a roadblock—with the Senate soundly rejecting the latest amended version that advanced out of the House.
The legislation from Sen. Stephen Huffman (R) first passed the Senate in February before reaching the House floor last week, where members approved substantive changes scaling back certain controversial provisions but still maintained language advocates say undermines the will of voters who approved legalization in 2023.
On Wednesday, the Senate voted unanimously, 32-0, not to concur with the House amendments, potentially setting the stage for a bicameral conference committee to resolve differences between the chambers.
On the floor, senators from both major parties spoke out in opposition to SB 56 as revised by the House. But much of their focus concerned provisions related to intoxicating hemp products.
“When Senate Bill 56 passed from the House, they failed to close the loophole for synthetic THC,” Sen. Shane Wilkin (R) said. “Additionally, this would allow for the continued sale of untested, unregulated [products]—which means packages that are designed and directed toward kids. They’re not child-proof.”
He also took issue with a language in the current bill that would give a 300-day grace period for businesses selling unsanctioned product to close shop.Further, the senator complained that, as drafted, the legislation wouldn’t include zoning restrictions to prevent the over-saturation of hemp retailers or having them located near marijuana dispensaries. And local governments would not be able to outright ban the hemp businesses from operating in their jurisdiction.
Sen. William DeMora (D) concurred with his colleague, saying “there’s so much in this bill that has changed from what we passed here—a lot of it not for the better.”
“The governor tried to do something and was stopped because he didn’t do it the proper way to make sure now that we can do something to end these things [and] to get them out of the hands of kids,” he said, referring to Gov. Mike DeWine’s (R) executive order temporarily banning sales of intoxicating hemp products that is being held up amid a legal challenge.
Senate President Robert McColley (R) separately said on Wednesday that he thinks it’s “abundantly clear we need a regulatory structure around intoxicating hemp products,” but his chamber’s “concerns today, as were pretty well enumerated, are that there were a number of loopholes that were left in this bill.”
While the current bill’s supporters have described it as a less heavy-handed approach compared to the original Senate measure, the legislation would make substantive changes to the existing legalization law—with several provisions that advocates say directly contradict the will of voters and represent overreach on the part of lawmakers.
For example, the proposal would eliminate language in current statute providing anti-discrimination protections for people who lawfully use cannabis. That includes protections meant to prevent adverse actions in the context of child custody rights, the ability to qualify for organ transplants and professional licensing.
It would also recriminalize possessing marijuana from any source that isn’t a state-licensed dispensary in Ohio or from a legal homegrow. As such, people could be charged with a crime for carrying cannabis they bought at a legal retailer in neighboring Michigan.
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