Ohio: Bill introduced to legalize cannabis in Ohio

For the first time, Ohio lawmakers will consider a bill to legalize the cultivation and sale of cannabis for recreational use.

State Representatives Casey Weinstein of Hudson and Terrence Upchurch have drafted a bill to legalize cultivation—both personal and commercial—and regulate sales, as well as to allow individuals previously convicted of minor offenses related to Cannabis to have their criminal records expunged.

«We see that there are dramatic economic benefits, medical benefits, and a strong potential for social justice, which allows us to focus law enforcement on violent crimes,» Casey Weinstein said in an interview.

In 2016, the government quickly adopted a program to medical marijuana highly regulated to prevent a vote that would have amended the state constitution. Weinstein hopes he won’t have to go that far when it comes to full legalization.

«Ohio has reached a point where we’ll fall behind if we don’t act now,» he said. «I hope this will provide the spark we need to elevate the conversation and move this legislation forward.»

What the bill would do

According to the bill, adults aged 21 and older would be able to purchase and possess up to 5 ounces (140 grams) of cannabis at a time and grow up to 12 mature plants for personal use, Weinstein said. Cities and towns could limit the type or number of cannabis businesses allowed within their boundaries.

The proposal is based on the Michigan cannabis market, Mr. Weinstein said. The bill would leave Ohio’s medical cannabis program—approved in 2016 and launched in 2019—intact. Medical cannabis growers, processors, and dispensaries could also be authorized to operate in the recreational market. The Ohio Department of Commerce would oversee this industry.

Ohioans with non-violent criminal records for cannabis-related offenses could have their records sealed and participate in the newly legal industry, Weinstein said.

An excise tax of 10%, in addition to state and local sales taxes, would be levied on cannabis products, with the revenue going primarily to education, road and bridge repairs, and local governments. Ohio’s tax rate would align with Michigan’s and would be lower to that of Illinois, Colorado, and other states.

For two years, up to $20 million in annual revenue would be allocated to research on the use of cannabis to treat veterans’ medical conditions and on suicide prevention among veterans. The legalization bill would include a social equity component to encourage people of color and other traditionally disadvantaged groups to participate in the industry, Weinstein said.

The legalization of cannabis has already failed in Ohio

Six years ago, Ohioans voted on a constitutional amendment to legalize cannabis, but it would have been permitted to be grown only at ten pre-selected sites owned by investors in the amendment campaign. The measure failed, with 64% of voters voting against it.

Ohio lawmakers moved quickly the following year to establish a highly restrictive medical cannabis program. It took more than two years to get the program up and running: the The first sale took place in January 2019.

A bill introduced earlier this year, the House Bill 210, would have allowed personal cultivation of cannabis plants and the expungement of certain marijuana-related offenses. The bill has not yet been considered. Representative Juanita Brent, D-Cleveland, introduced a bill last year to fully decriminalize the use and possession of cannabis, but it died during the last session without even a hearing.

Governor Mike DeWine, a Republican, remains opposed to legalization, a spokesperson confirmed on Thursday.