Ohio House proposes its own marijuana legislation as Issue 2 enactment date nears

COLUMBUS, Ohio (WCMH) -- If lawmakers want to change the state's new recreational marijuana law before it goes into effect in two days, they'll have to overcome some major differences of opinion.

On Monday, the Ohio Senate released its proposal to tweak the state's new adult-use cannabis law, including by eliminating home grow and setting lower THC limits for cannabis products. On Tuesday, Rep. Jamie Callender (R-Concord) introduced House Bill 354 as the House's proposal for recreational marijuana legislation.

Callender said his proposal, which keeps the home grow provision while establishing guidelines for use and advertising, is a "synthesis" of opinions about cannabis regulation that maintains the heart of Issue 2, the proposal 57% of Ohioans voted to enact in November.

“I want to make sure that here in this chamber, the People's House, that we carry out the will of the people," Callender said.

The bill would do things like address secondhand smoke concerns and ensure that minors will not be targeted by advertising.  

“We're going to model it to a large degree off of alcohol and tobacco, where we'll have restrictions on content -- as far as aimed at children or aimed at minors -- and we'll restrict placement of advertising within certain distances of schools and churches,” Callender said.  

“I want to respect those who have been opposed to this issue from the get-go," Callender continued. "They have brought up some valid points that I think we can address and remain in the spirit of what the people passed."

The bill has bipartisan support -- something the Senate proposal does not.

“The way we structured this in our House bill is to regulate it and allow local communities to interact with this bill similar to how they are able to regulate tobacco and alcohol,” Rep. Casey Weinstein (D-Hudson) said.

Weinstein said the Senate version, which also significantly limited possession of cannabis products, amounted to a "complete repeal of Issue 2 and a total slap in the face to voters."

Callender said maintaining Issue 2's home-grow provision -- which allows for six cannabis plants per individual or up to 12 per household -- is striking the middle ground that lawmakers seek. HB354 would establish "guardrails" to prevent bad actors from growing cannabis to illegally sell.

"They're not getting the right to convert that into some kind of a quasi-commercial grow site," Callender said.

In the Senate's version, the excise tax rate would go up from 10% to 15%. In the House, Callender said that is still a fluid conversation in his bill. 

Weinstein and Callender agree that Ohio's tax rate shouldn't be so high as to push folks away from the state's cannabis industry -- and into Michigan, for example. While the tax rate and revenue distribution are still up for discussion, Callender and Democratic House leadership agree on the basic concept of the proposal: that local municipalities should have greater control over how to use tax revenue.

“We don’t want to overly prescribe what they can and can’t do with that money because Ohio is a home rule state, and local municipalities should be able to do with that money what they want to,” Ohio House Minority Whip Jessica Miranda (D-Forest Park) said.   

While Callender is confident the bill can move "fairly quickly," he and other House members said they are in no rush to get anything passed this week.   

“We are not in any hurry,” Miranda said. “We want to get this right for Ohioans."

But with competing bills, and the Senate wanting to get something done by Thursday, conversations are happening across chambers.   

“The Senate's not really into conceding, that doesn't seem to be their M.O., but I think I've talked to a number of senators who are thoughtful on the issue and are considering it,” Callender said. “If negotiations fail and we don't end up with something, I'm OK with just letting the initiated statute go into effect, which is a pretty strong bargaining position to be in.”

To get anything passed and enacted by Thursday, that would require an emergency clause, which takes more votes in each chamber to pass. But some house members said there aren't enough votes for an emergency clause on the senate bill.