Last month, Ohio voters approved a marijuana legalization measure, known as Issue 2, with a 57% majority. However, just days before the law is set to take effect, Ohio Senate Republicans have proposed significant changes to the measure. These changes include banning home cultivation of marijuana, increasing the tax rate on the substance, and altering how the tax revenue is distributed.

The proposed changes were introduced in the Senate General Government Committee, where they were added to an unrelated alcohol regulation bill. The fate of these changes in the full Senate and the GOP-led House remains uncertain. While the ballot measure was approved by voters, the Legislature has the authority to make adjustments to it.

Sen. Michael Rulli, a Republican from Columbiana County, stated during the committee meeting that the goal of these changes is to provide a safe product that aligns with the wishes of the people. However, Tom Haren, a spokesperson for the pro-Issue 2 campaign Regulate Marijuana Like Alcohol, strongly criticized the Senate's proposed rewrite. He argued that the changes would undermine important provisions of Issue 2, such as home cultivation and social equity, and would impose higher taxes that would encourage Ohioans to continue buying cannabis products from neighboring Michigan.

Although the Senate changes have a long way to go before becoming law, they would prohibit home cultivation of marijuana, a departure from the provisions approved by voters that allow individuals to grow up to six plants at home or up to 12 per household. The proposed changes would also increase the approved tax rate on marijuana products from 10% to 15%, and cultivators would be taxed at the same rate.

Under the original statute, the tax revenue would have gone to local governments hosting dispensaries and a social equity program supporting those who want to enter the cannabis industry. However, the Senate's revisions aim to prevent most of the tax revenue from benefiting the industry by redirecting it towards general state funding, law enforcement training, substance abuse treatment and prevention, and safe driving training.

Additionally, the Senate legislation would reduce the legal possession limit for recreational marijuana and lower the legal THC levels for marijuana plants and extracts. The proposed changes also address concerns around public consumption, with non-smoking products like edibles being allowed in public unless prohibited by a private establishment. However, smoking or vaping of marijuana would be banned in public spaces, with the exception of an individual's home. Dispensaries would also be prohibited from operating within 500 feet of schools, churches, public libraries, or public parks.

Child safety is another priority addressed in the proposed changes. Marijuana products would have to be sold in child-safe packaging and should not resemble animals, fruit, or fictional characters from cartoons. Advertising marijuana products using media or pop culture figures targeting children would also be banned. Landlords would retain the right to ban smoking in their properties, and employers would be able to set their own rules regarding employee cannabis use and testing.

Opponents to Issue 2 had criticized the original measure for its “ambiguous” rules around public consumption. However, Scott Milburn, a spokesperson for the anti-Issue 2 campaign Protect Ohio Workers and Families, believes that the proposed changes make the measure "less dangerous to Ohioans and less self-serving to the industry."

Despite these arguments, Bill DeMora, a Democrat from Columbus, criticized the changes for disregarding the will of the voters, particularly in regards to the elimination of home cultivation, diversion of tax revenue, and lower THC levels. He referred to the proposed changes as a “shell” that does not reflect the voters' intent.

The fate of these changes rests on the full Senate, the Republican-majority House, and Governor Mike DeWine, who has expressed support for following the basics approved by voters. It remains to be seen how these proposed revisions will impact the implementation of the marijuana legalization measure in Ohio.