Ohio appears poised to erode cannabis freedoms

On November 19, the SB 56 conference committee met and considered amendments to the hemp and cannabis bill. Sen. Bill DeMora (D) proposed several amendments to remove cannabis re-criminalization and restore Issue 2. Outrageously, every Republican member of the conference committee voted to table his amendments.

The conference committee then voted 4-2 for a substitute bill, with only Sen. DeMora and Rep. Bride Rose Sweeney (D) voting “no.” As Rep. Sweeney explained, “[Ohio voters] said we need to stop punishing adults for responsible use. They voted to end decades of unnecessary arrests. They voted for a system rooted in public health and not handcuffs—not more ways to criminalize and trap people.” 

The House of Representatives then voted 52-34 for the conference committee bill, with every Democrat voting against it. When the Senate reconvenes, likely in December, it is expected to approve the final bill and send it to Gov. Mike DeWine’s desk.

If SB 56 becomes law, it will re-criminalize: 

• possessing cannabis obtained from anywhere other than Ohio-licensed retailers and homegrown cannabis.
• having cannabis or paraphernalia in the passenger area of a vehicle if it has ever been opened.
• storing edibles anywhere other than “in the original packaging at all times when the products are not actively in use.”
• smoking or vaping cannabis in any place other than some homes and agricultural lands. (Hotel rooms and bar patios could not allow smoking or vaping, for example.) 

SB 56 also allows landlords to ban vaping in rental homes, and removes voter-enacted non-discrimination protections, which prevent people from losing their professional licenses, custody of their children, and medical care for responsible cannabis use.

In addition to eroding cannabis freedoms, SB 56 changes Ohio law related to intoxicating hemp products. Drinkable cannabinoid products with up to 5 milligrams of THC could be sold at liquor licensees, such as bars and grocery stores, until the end of December 2026.

Thank you to everyone who raised your voice to stand up for Issue 2. While we’re appalled by this erosion of cannabis freedoms, popular mobilization prevented the damage from being even worse. Senators initially proposed eliminating home cultivation, reducing possession limits, prohibiting sharing, and increasing cannabis taxes.