1 year later, changes continue for marijuana in Ohio

SANDUSKY — Recreational marijuana sales for adults 21 and over began in Ohio in August 2024. A year later, there have been changes for customers — and more new rules are looming. Weed enthusiasts can buy more at the dispensaries now, and the product line is expanding to include marijuana cigarettes. And while the Ohio General Assembly is expected to make changes in the law voters approved in a 2024 state question, it now appears likely that most of the main provisions for cannabis users won't be changed. Still undecided: What's going to happen to all of the stores that sell intoxicating hemp containing Delta 8 THC? Will intoxicating hemp sales be banned, or regulated and allowed to continue? While medical marijuana sales for patients began in 2019, in Ohio, recreational marijuana sales began on Aug. 6, 2024. As of Aug. 5 this year, there have been about $702 million in sales of recreational marijuana, amounting to about 110,000 pounds of plant material, according to the Ohio Division of Cannabis Control. The newspaper has attempted to track what's already changed in Ohio's cannabis scene and what's likely to change. Here's what we know: Ohio likely will amend law When Ohio lawmakers — who are currently on vacation — return to Columbus in September, unfinished business on the table will include changing Ohio's marijuana laws and drawing up new U.S. House district boundary lines. Ohio's state question legalizing recreational marijuana was approved as a change in state statutes rather than as a constitutional amendment. That's important because it means the Republican-dominated Ohio General Assembly can change the law. Ohio Senate leaders pushed for important changes in the law, making it more restrictive. But Ohio House members, whether or not they wanted legal weed, have largely agreed the will of the voters should be respected, said state Rep. Tex Fischer, R-Boardman, a House leader on marijuana policy. As a result, people who voted to legalize marijuana sales likely will be OK with the changes that finally emerge, Fischer predicts. Ohio Senate proposals were defeated largely because of Ohio House opposition, which included: • Hiking taxes on retail sales • Prosecuting people who give a small amount of weed to a friend • Cutting the number of marijuana plants people can grow at home; The current rule sets a maximum of six plants per person, 12 per household. Marijuana poisonings of children have risen in Ohio because of kids mistaking gummies for candy, and there's broad bipartisan agreement to ensure such products have less appeal to children, Fischer said. And even marijuana advocates won't vote to expand smoking marijuana to allow it in public parks, he said. Use of marijuana is currently legal in people's homes. "I think the conversation about raising taxes is pretty much dead on arrival," Fischer said. "We're still Republicans. We don't like raising taxes." Changes likely will be limited to common sense rules, such as gummy packaging, as opposed to rolling back the law, he said. Changes ahead for intoxicating hemp One hangup to passing changes in Ohio's cannabis law has been an argument over what to do about wide-open sales of intoxicating hemp, sold widely in smoke shops and other locations as Delta 8 THC. There's been a debate in Ohio over whether to simply ban such sales or to regulate them, including requiring testing and age limits for purchase. Age limits in Ohio dispensaries are strictly enforced: Customers of all ages must show an ID to be allowed inside. There are many other regulations. Products must be tested, and bags with purchases are stapled shut before customers leave the store. No such rules apply to intoxicating hemp sales, a source of resentment for the state's legal marijuana industry. Fischer says he favors regulation of hemp rather than a ban. A ban would encourage a black market and would also move consumers to buy Delta 8 THC from websites, as the product remains legal nationally, he argues. Hemp sales were legalized in the U.S. in the 2018 farm bill, although it's not likely lawmakers meant to legalize intoxicating hemp. Efforts to end the loophole allowing Delta 8 THC sales have stalled so far in Congress. Some states, such as Michigan and California, have essentially banned Delta 8 THC sales. Marijuana cigarettes now being sold Ohio dispensaries have been selling many of the products offered in other states with legal cannabis sales, including gummies and flower, the industry's name for the dried plant material that's smoked in pipes. But Ohio did not allow the sale of prerolls, marijuana cigarettes or "joints." That's now changed. A rules process allowing prerolls finally has ended after months of deliberation, and preroll sales are now allowed in dispensaries, as of Aug. 1. But a spokesman for the Ohio Department of Commerce, James Crawford, said that each dispensary must obtain individual approval from the Division of Cannabis Control. What that means in practice is that while it's likely that all dispensaries eventually will offer prerolls, they aren't available everywhere yet. As of a few days ago, prerolls were on sale at Firelands Scientific in Huron, but Erie County's other two dispensaries, in Perkins Township, were still waiting for the state's OK. Customers can buy more weed now When sales began about a year ago, the state set sales limits to make sure that medical patients would still have an adequate supply. Under the initial rule, a customer was limited to a daily purchase of 1 ounce of flower or 10 units of oil for vaporization or 10 packages of edible gummies with each package having 10 standard doses. Under the new rules, a bulk buyer can purchase 2.5 ounces of flower a day, and the limits for other products have similarly been expanded. Local governments may finally get paid soon Although sales of recreational marijuana began about a year ago, local governments are still waiting to get their promised share of 36% of the 10% tax levied on consumers buying weed products in dispensaries. In Erie County, the city of Huron and Perkins Township are waiting for their money. So is Fremont in Sandusky County. Some government officials, including Ohio Gov. Mike DeWine, suggested eliminating all tax payments to local governments. But local government officials who believed they faced being cheated after allowing local dispensaries have apparently won the argument in the Ohio General Assembly, and the new state budget affirms they'll get their 36%, Fischer said. Lawmakers still have to change the law so that local governments will automatically get their payments, as opposed to having to wait for an appropriation. It's likely that will be done before the end of the year, Fischer predicted. More dispensaries are opening When Ohio began recreational weed sales last year, there were 98 "dual-use" dispensaries licensed to sell both medical and recreational marijuana. Since then, more dispensaries have opened, and there are now 159 dual-use retail marijuana outlets. A map on the Division of Cannabis Control website shows dispensary locations across Ohio. Erie County still has three dispensaries, the same number as a year ago: The Forest and Ascend, both on Milan Road in Perkins Township, and Firelands Scientific in Huron. Sandusky County has Terrasana in Fremont, and Lorain County has five dispensaries. Seneca County has one dispensary, Thrive, located in Tiffin. There are no dispensaries in Huron or Ottawa counties.