Ohio governor wants changes to looming recreational marijuana law

Watch DeWine’s press conference in the video player above.

COLUMBUS, Ohio (WCMH) — Ohio Gov. Mike DeWine held a Wednesday press conference sharing concerns as the state’s voter-approved initiative legalizing 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 for citizens over the age of 21 to immediately buy from medical dispensaries. He hoped that this will help prevent the “black market.”

“This black market will just take off,” DeWine said. “People will be getting it from many sources, none of them legally. Without this bill, people could be buying marijuana that has fentanyl in it. The leading cause of death in the state of Ohio of overdoses is fentanyl, 80% of our deaths.”

He continued by saying buyers could be at risk of obtaining marijuana that has pesticides, metals, and other contaminants.

DeWine also said that the new bill would help prevent citizens from smoking marijuana in public, combatting his concern of second-hand smoke.

According to DeWine, he expects the Senate to pass the new bill soon. He said that he hopes the House does the same. While this is a Senate bill, he said that they tried to take the House’s opinion into account. He wanted the bill to be on his desk as soon as possible.

The new bill also adds THC limits to marijuana that can be legally sold as well as dosage limits for edible marijuana gummies.

If this bill were to pass, DeWine admitted it would take 90-days to officially go into law. The current version of Issue 2 that voters passed in November will remain official state law barring any emergency action.

“It’s a real signal,” DeWine said. “When you talk about the people who are in the black market, yeah they can operate for 90 days, but if you’re in the black market you may not decide to invest a whole lot if you’ve only got 90 days of action ahead of you.”

Issue 2, which voters passed Nov. 7 with 57% support, legalizes adult-use sale, purchase and possession of cannabis for Ohioans who are 21 and older. However, unlike the abortion rights constitutional amendment that also passed, Issue 2 appeared on the ballot as an initiated statute — giving state lawmakers the final word.

Now, DeWine is answering questions as legislators are negotiating how to alter the enactment of Issue 2 through two competing bills, House Bill 86 in the Senate and House Bill 354 in the House of Representatives.

The measure passed on Nov. 7 permits adults to possess up to 2.5 ounces of marijuana, up to 15 grams of marijuana concentrate and grow up to six plants per individual or up to 12 per household.

Those in Ohio who purchase cannabis 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%. Some of the tax revenue will go toward equity and jobs programs, according to the initiative’s text. Patients within the state’s medical marijuana program will not be subject to the tax.

Ohio’s rate could generate $182 million to $218 million during the first full year of operations, 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 erase the criminal records of those previously charged with marijuana offenses. Still, the initiated statute will use 36% of tax revenue to launch a social equity and jobs program dedicated to sentencing, bail and parole reform, along with record-sealing and expungement efforts.

In addition, 3% of tax revenue will be dedicated to regulatory and administrative costs, 25% to addiction treatment and education, and another 36% to funding for communities home to marijuana dispensaries.

While Issue 2 will not expunge criminal records, Gov. Mike DeWine signed into law Senate Bill 288 earlier this year that streamlines the process to erase misdemeanor convictions, including low-level marijuana charges. Ohio is also home to 38 cities that have decriminalized marijuana through the Sensible Movement Coalition, removing the penalties for possessing 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 penalizing cannabis operators and facilities.

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