Ohio Governor Signs Bill To Recriminalize Some Marijuana Activity, Vetoing Provision To Allow THC Drinks For A Year

“The simplest thing, frankly, to do is to stop it right now instead of going until the date in November set by federal law.”

By Megan Henry, Ohio Capital Journal

Ohio Gov. Mike DeWine (R) signed a bill into law Friday that bans intoxicating hemp products and makes various changes to the state’s voter-passed marijuana law, including adding crimes such as making it illegal to bring legally purchased marijuana from another state back to Ohio.

DeWine signed Ohio Senate Bill 56, which will take effect in 90 days. He has been urging Ohio lawmakers to do something about intoxicating hemp products for the past nearly two years.

Ohio’s bill complies with recent federal changes by banning intoxicating hemp products from being sold outside of a licensed marijuana dispensary.

In November, Congress voted to ban products that contain 0.4 milligrams of total THC per container earlier this month when they voted to reopen the government.

Those who work in the intoxicating hemp industry are worried this will put thousands of people out of business.

DeWine line-item-vetoed the THC-infused beverage provision in the bill that would have allowed five milligram THC beverages to be manufactured, distributed, and sold in Ohio until December 31, 2026.

“My veto means that they cannot be sold,” DeWine said during a Friday press conference. “The simplest thing, frankly, to do is to stop it right now instead of going until the date in November set by federal law.”

DeWine said he does not think THC beverages are a good idea.

“I think they create extra problems,” DeWine said.

Ohio S.B. 56 had a provision that said if the federal government legalizes THC beverages, Ohio will consider “a more robust regulatory framework of these products,” according to the bill’s language.

“We got to this point because of poorly drafted federal legislation and people taking advantage of it,” Ohio House Speaker Matt Huffman, R-Lima, said.

“So speculating about what the federal government may do in the future and what we may do as a result, I think, adds to the same problem that has already been created.”

On the marijuana side, the bill would reduce the THC levels in adult-use marijuana extracts from a maximum of 90 percent down to a maximum of 70 percent, cap THC levels in adult-use flower to 35 percent, and prohibit smoking in most public places.

Part of the probable cause portions were removed from the bill, but some of it still remains.

The bill prohibits possessing marijuana in anything outside of its original packaging and criminalizes bringing legal marijuana from another state back to Ohio. It also requires drivers to store marijuana in the trunk of their car while driving.

Ohio S.B. 56 would give 36 percent of adult-use marijuana sale revenue to municipalities and townships that have recreational marijuana dispensaries.

The bill also maintains the 10 percent tax rate on recreational marijuana and keeps home grow the same at six plants per adult and 12 per residence. It also places a cap on 400 marijuana dispensaries in the state.

Ohioans passed a citizen-initiated law to legalize recreational marijuana in 2023 with 57 percent of the vote. Sales started in August 2024 and exceeded $702.5 million in the first year.

Ohio lawmakers can change the law since it passed as a citizen initiative not a constitutional amendment, something they have been trying to do since late 2023.

This story was first published by Ohio Capital Journal.

Photo courtesy of Chris Wallis // Side Pocket Images.