📰 Ohio lawmakers overturn will of the people on Cannabis
From crisis to overreach, legislators undermine state's marijuana law, making some things illegal again
COLUMBUS — Ohio Governor Mike DeWine framed his support for Senate Bill 56 as a victory for children, declaring, “No longer will it be the Wild, Wild West.”
DeWine’s primary concern is the bill’s most popular provision: banning the sale of intoxicating hemp products—like Delta-8 THC gummies often packaged to look like candy—from unregulated locations such as gas stations and convenience stores.
The governor’s urgency was driven by grim statistics from the Ohio Poison Control Center, which recorded over 257 reports of Delta-8 poisoning in recent years, including 40 cases involving children under the age of six. By restricting these products to licensed marijuana dispensaries, the bill establishes a critical age gate for a public health hazard.
But state lawmakers went much further.
Unpopular changes in SB 56
Beyond the popular hemp ban, the Ohio General Assembly used S.B. 56 to enact sweeping changes to the recreational marijuana law, Issue 2, which Ohio voters approved with a decisive 57% majority in 2023. These legislative revisions are widely criticized by advocates as an arrogant undermining of the democratic process.
The bill introduces a maze of new restrictions that directly erode the liberalization voters enacted:
THC Potency Limits: S.B. 56 drastically reduces the maximum legal THC content, capping extracts (like vapes and concentrates) at 70% (down from 90%) and adult-use flower at 35%.
Recriminalization and New Penalties: The bill creates new, unnecessary criminal penalties, making it a crime to possess legally purchased marijuana from out-of-state retailers (such as neighboring Michigan) and making it a minor misdemeanor to have marijuana outside of its original, sealed packaging.
Loss of Legal Protections: Crucially, the legislation repeals anti-discrimination protections that Issue 2 provided for cannabis users in areas like employment, professional licensing, and even child custody rights.
As one critic, Democratic Minority Leader Dani Isaacsohn, put it: “Ohioans were loud and clear when they passed Issue 2... SB 56 undercuts the will of the voters and moves our state backward.”
Legal challenges and political backlash
Despite the bill passing the Republican-controlled legislature and heading to the governor’s desk, its dramatic deviation from the voter-approved initiative is already generating significant backlash, which could lead to legal action.
Advocacy Group Opposition: Advocacy groups like NORML (National Organization for the Reform of Marijuana Laws) have been vehemently opposed, mobilizing supporters and publicly denouncing the changes. NORML’s Deputy Director, Paul Armentano, criticized the legislative body for attempting to “take voters out of the equation altogether,” calling the bill “a slap in the face to the millions of Ohioans who voted in favor of Issue 2.”
Legal Standing: While the legislature has the constitutional authority to amend a citizen-initiated statute (unlike a constitutional amendment), the extent of the rollbacks—particularly the recriminalization of activity and the elimination of consumer protections—is a prime target for a lawsuit based on legislative overreach or violating the spirit and intent of the popular vote. As of now, the bill has just passed and legal challenges are expected but may not be filed until after Governor DeWine signs the bill into law and its effective date approaches.
Democratic Condemnation: Senate Democrats universally opposed the final bill, with Senator Nickie Antonio stating that legislators are “out of touch with everyday Ohioans.” The sentiment among critics is that tax revenue—which the bill finally appropriates to host municipalities after a delay—was essentially held hostage to force through the unpopular provisions.
