COLUMBUS, Ohio – Ohio Governor Mike DeWine held a press conference on Wednesday to share his concerns as the state’s voter-approved initiative to legalise recreational cannabis is set to take effect at midnight.
During his press conference, DeWine urged the Ohio Senate to pass a newly introduced bill. He said that without this bill, marijuana will be legal in Ohio without a legal way to purchase it. This new bill would allow citizens over the age of 21 to buy from medical dispensaries immediately. He hopes this will help prevent the “black market”.
“That black market is just going to take off,” DeWine said. “People will be getting it from many sources, none of them legal. Without this bill, people could be buying marijuana that has fentanyl in it. The leading cause of overdose death in the state of Ohio is fentanyl, 80% of our deaths.
He went on to say that buyers could be at risk of getting marijuana with pesticides, metals and other contaminants.
DeWine also said that the new bill would help prevent citizens from smoking marijuana in public, addressing his concerns about secondhand smoke.
According to DeWine, he expects the Senate to pass the new bill soon. He said he hoped the House would do the same. Although it is a Senate bill, he said they have tried to take the House’s opinion into account. He wants to get the bill to his desk as soon as possible.
The new bill also adds THC limits to marijuana that can be sold legally, as well as dosage limits for edible marijuana gummies.
If passed, DeWine admitted it would take 90 days for the bill to officially become law. The current version of Issue 2, passed by voters in November, will remain official state law, barring any emergency measures.
“It’s a real signal,” DeWine said. “When you talk about people who are in the black market, yes, they can operate for 90 days, but if you’re in the black market, you might not decide to invest a whole lot if you only have 90 days of action in front of you.”
Issue 2, which was passed by voters with 57% support on 7 November, legalises the sale, purchase and possession of cannabis for adults over the age of 21. But unlike the constitutional amendment on abortion rights that also passed, Issue 2 appeared on the ballot as an initiated law – giving state lawmakers the final say.
Now DeWine is answering questions as lawmakers negotiate how to alter the passage of Issue 2 through two competing bills, House Bill 86 in the Senate and House Bill 354 in the House.
The measure passed on 7 November allows adults to possess up to 2.5 ounces of marijuana, up to 15 grams of marijuana concentrate and to grow up to six plants per person or up to 12 per household.
Those who purchase cannabis in Ohio will pay a 10% excise tax, the same rate as Michigan and Illinois, plus a 5.75% state tax, in addition to a local tax ranging from 0.25% to 2.25%. A portion of the tax revenue will go towards equity and employment programmes, according to the initiative’s text. Patients under the state’s medical marijuana programme will not be subject to the tax.
Ohio’s tax could generate between $182 million and $218 million in its first full year of operation, according to estimates from Ohio State University’s Drug Enforcement and Policy Center. By the fifth year, the state could collect $336 million to $403 million from an excise tax on marijuana.
Issue 2 will not automatically expunge the criminal records of those previously charged with marijuana offences. However, the initiated statute will use 36% of the tax revenue to launch a Social Justice and Jobs Program dedicated to sentencing, bail and parole reform, along with record sealing and expungement efforts.
In addition, 3% of the tax revenue will be used for regulatory and administrative costs, 25% for addiction treatment and education, and another 36% for funding for communities where marijuana dispensaries are located.
While Issue 2 does not expunge criminal records, Governor Mike DeWine signed Senate Bill 288 into law earlier this year, which streamlines the process for expunging misdemeanor convictions, including low-level marijuana charges. Ohio is also home to 38 cities that have decriminalised marijuana through the Sensible Movement Coalition, removing penalties for possession of less than 200 grams.
Issue 2 will also establish the Division of Cannabis Control within the Ohio Department of Commerce to oversee the compliance of the marijuana industry by regulating, investigating and penalising cannabis operators and facilities.