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The following article appeared in the Ohio Capital Journal, and was published on News5Cleveland.com as part of a content sharing agreement.

Ohio’s marijuana laws go into effect on Thursday under Issue 2, which Ohioans approved with 57% of votes.

The bipartisan majority of the Ohio Senate, however, passed a bill with a few modifications on Wednesday. The bill will now be sent to the Ohio House, where it must pass before it can be sent to Ohio Governor. Mike DeWine will sign the bill.

Sen. Rob McColley (R-Napoleon) added proposed marijuana laws changes to House Bill 86 is Monday. The Senate Government Oversight Committee passed a substitute bill Wednesday afternoon that incorporated many of the earlier changes.

HB 86, introduced earlier this summer by Rep. Jeff LaRe (R-Violet Twp. ), would revise Ohio’s liquor control laws. It passed the Ohio House during the summer without much opposition.

What is HB 86 all about?

Issue 2 allows people over 21 to grow up to 12 plants per residence. The bill only allows six plants per household. Home-grown plants had been removed earlier this week, but were brought back in the substitute legislation.

Matt Huffman, Ohio Senate president, told reporters: “That’s enough for individual use.” “On that particular issue, we believe it’s reasonable.”

The language in Issue 2 included a 10% tax for each transaction at the point-of-sale. The bill would reduce the tax rate from 15% to 15%, and eliminate the cultivators’ tax that was first proposed this week. A higher tax rate will result in a higher price to consumers.

McColley said, “We acknowledge that this price point needs to be at least competitive with what is available on the black market.”

The bill would allow local governments to add an additional tax to the 3% marijuana excise duty.

There will also be automatic exclusions for those who possess less than 2.5 ounces.

McColley stated that “there have been several individuals convicted of possession for what is now legal possession.”

This bill could allow Ohioans to purchase recreational marijuana sooner. Originally, dispensary sales of adult-use marijuana were supposed to go into effect in nine months. Under the Senate bill, Ohioans aged 21 and over could immediately go to a dispensary to buy recreational marijuana.

McColley explained that it was important to allow immediate use as a way to protect against the black market. “It is also a way for Ohioans who voted in favor of this permit to have safe and reliable access sooner rather than later.”

The possession limit would remain at 2.5 ounces, and the THC level would remain at 35%. The number of dispensaries that can be open at the same time will also remain at 35.

The bill does not contain an emergency clause, so it would go into effect 90 days after DeWine signs it into law.

Two Senators voted in opposition to SB 86 on Wednesday during the Senate Session: Republican Sen. Niraj Antani, and Democrat Catherine Ingram.

In a statement issued Wednesday evening, Democratic Senate Minority leader Nickie Antonio from Lakewood applauded its passage.

“The people of Ohio have made it clear that they want marijuana that is legal, safe and easily accessible. “Our caucus worked to ensure that the voices of the people were reflected in the bill’s changes, including expungement and preserving home grows, as well as funding for our local community and mental health,” said she.

Issue 2 created five new funds in the state’s treasury. These are the adult use tax, the cannabis social equality and jobs fund (CSEJ), the host community cannabis fund (HCF), the substance abuse and drug addiction fund (SAAF), and the division of Cannabis control and tax commissioner fund.

The revenue funds will be distributed as follows under SB 86

• 28% of the county jail construction funds.
• 19% will go to the Department of Public Safety Law Enforcement Training Fund, or 16% in the event that the marijuana expungement funds has ceased to exist.
• 14% of the Attorney General’s law enforcement training fund.
• 11% goes to the substance abuse treatment and prevention fund or 9% in the case of the marijuana expungement funds ceasing to exist.
• 9% of the proceeds will go to the 988 Crisis & Suicide Lifeline Fund.
• The marijuana revenue fund is a 5% contribution to the drug law enforcement fund.
• 5% of the marijuana expungement funds.
• 5% of the fund for safe driver training.
• 4% of the Ohio Investigative Unit Fund will be used for operations.
• 3% of the fund for Marijuana Control Pperations.
• 2% of the proceeds will go to the marijuana poison prevention fund.

Gov. DeWine urges passage of SB 86

DeWine held a presser on Wednesday night before the Senate reconvened to urge the passage of the bill so that he could sign it into law.

DeWine stated that without the passage of this bill it would be possible for Ohioans to possess marijuana but there would be no legal place to buy it. This bill addresses this issue and does so by accelerating the time frame in which adults can produce recreational marijuana legally.

DeWine said that he wants the House to pass this bill “right now” and send it to him for signature.

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