Lawmakers weed out hemp as Ohio rewrites marijuana laws
By Giacomo Luca
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CINCINNATI (WLWT) — After months of back-and-forth, Ohio’s general assembly signed off on sweeping changes to the state’s marijuana laws Tuesday.
The vote follows a stretch of often-contentious debate fueled by public concerns over the state’s hazy marijuana laws, including smoking in public, impaired driving, accessibility to youth, and the surge of hemp-derived products containing THC.
Lawmakers have been working to clarify cannabis rules since voters approved Issue 2 in 2023 — A measure backed by more than 56% of Ohioans that opened the door to recreational pot statewide.
If signed by Gov. Mike DeWine, Senate Bill 56 would make dozens of changes to Ohio marijuana law, including:
Bans public smoking and intoxication Will release tens of millions of dollars per year to local governments Clarifies prohibitions against marijuana OVI and passengers smoking in the vehicle Caps THC levels at 70 percent for marijuana extracts and 35% for plant products Prohibits marijuana products from using packaging or advertising that is attractive to children or that looks similar to products used by children Adds new criminal offenses for marijuana related violations Allows people convicted of possessing small amounts of marijuana to expunge their records “After a longer than expected process, I’m pleased to see this bill finally receive approval by both chambers,” said Sen. Steve Huffman of Tipp City. “Regulations that protect Ohio’s children, without overriding the will of Ohioans, ensures proper oversight of our state’s marijuana industry. I look forward to seeing the positive effects this bill will bring to our state.”
Democratic lawmakers are condemning the passage of the bill, saying it overrides the will of voters while creating uncertainty and a threat to the state’s hemp industry.
“Ohioans were loud and clear when they passed Issue 2 – they wanted real decriminalization and a responsible, adult-use market, not politicians overturning the will of the voters,” said Senate Minority Leader Dani Isaacsohn. “SB 56 undercuts the will of the voters and moves our state backward at a moment when the rest of the country is moving forward.”
Isaacsohn joins a cohort of small-business owners, sounding the alarm about how the bill will impact the state’s intoxicating hemp industry. The legislation would ban most intoxicating hemp products from being sold outside the state’s 177 licensed marijuana dispensaries.
A provision in the bill will reclassify hemp products with more than 0.4 milligrams of THC as marijuana. That was added to the state legislation in November, after Congress rolled a ban of intoxicating hemp products into the recent budget that ended the government shutdown.
This all comes after Ohio Gov. Mike DeWine attempted to block the sale of intoxicating hemp products by executive order but was temporarily blocked by a Franklin County judge in October.
Jason Friedman owns several CBD shops across Greater Cincinnati that would have to pull most products from shelves if the law takes effect. Friedman says he’s making tentative plans to eventually close his East Walnut Hills location, which will result in jobs cuts.
“All we want in the hemp industry is to be regulated,” Friedman said. “Age gates, packaging restrictions, and testing requirements. These are all things I already implement in my store currently.”
“For the state to say that they are changing their stance to banning from regulating because of what the federal government has done in banning intoxicating hemp in the recent spending bill, makes no sense because marijuana has been illegal federally the whole time yet the state has no problem protecting the MJ programs that provide tax revenue to the state,” Friedman said.
The bill offers a temporary carve-out for THC-infused beverages. If SB 56 becomes law, those beverages could be sold to adults 21 years and older at businesses that hold liquor licenses through Dec. 31, 2026 — A phased approach that aligns with the federal intoxicating hemp ban.
Bobby Slattery is the owner of Fifty West Brewing Company based in Columbia Township. They make as many as 100,000 cans of “sunflower,” a low THC-infused seltzer.
“Realistically, the sales are not slowing down; they’re only picking up,” Slattery said. “So, from a business standpoint, for the next year, we’re going to be looking really good.
In the coming weeks, Slattery said he’ll be asking congressional lawmakers to introduce legislation that opts for regulating intoxicating hemp products. He says there is a lot of work ahead, but he remains optimistic about the future of the industry.
“The reason where we’re at today is the absolute failure of the federal government to continue to have marijuana as a scheduled one drug,” Huffman said.
Republican leaders say they’ll take another look at the state laws surrounding hemp if Congress reverses course.
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