For nearly two months, adults in Ohio have been able to legally use marijuana.
But the state’s recreational program remains in limbo as consumers wait for sales to begin and wonder if lawmakers will change the rules approved by voters in November. Known on the ballot as Issue 2, the new law allows adults 21 and older to buy, consume and grow marijuana.
“There’s so much that’s unknown right now and so much that could change and so much that could stay the same,” said Brian Wingfield, co-founder of Ohio Cannabis Company.
Here’s where the law stands.
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When do legal sales begin?
If nothing changes, operators expect to start selling adult-use marijuana products around September or October.
The Division of Cannabis Control will make license applications available to marijuana growers, processors and dispensaries by June 7. The state has until Sept. 7 to issue the first round of licenses, which will go to existing medical marijuana businesses and eligible operators under the social equity program.
“It’s amazing the number of people who stop in the dispensaries and ask, ‘Are we allowed to purchase yet?'” Wingfield said.
The division released draft rules on Monday detailing the proposed application process for businesses. Stakeholders have until Feb. 9 to submit feedback, at which point the agency will consider potential changes. The rules will then be available for public comment through Ohio’s Common Sense Initiative, which handles business regulations.
Could sales happen sooner than that?
Theoretically, yes.
The Ohio Senate passed legislation in December that would allow medical marijuana dispensaries to sell adult-use products. Senate leaders, along with Gov. Mike DeWine, worried the illicit market will flourish with legal consumption and no way to legally buy marijuana. In New York, the state took years to issue licenses and left a void that spurred an influx of unregulated stores.
“The thing most people are really concerned about is that people are going to be selling or conveying a product that is unregulated and therefore dangerous,” Senate President Matt Huffman, R-Lima, said.
The House has refused to take up the Senate bill, which would also increase taxes, lower the THC content cap for extracts and reduce the number of plants people can grow. Huffman said he wants to send modified legislation to the House by the end of February, with the goal of speeding up legal sales.
House Speaker Jason Stephens, R-Kitts Hill, previously said he would support allowing medical shops to sell recreational products. Rep. Jamie Callender, R-Concord − a chief negotiator on marijuana − contends the division can accomplish that through rulemaking, but DeWine’s administration disagrees.
If the Legislature approves such a bill − and doesn’t attach an emergency clause − dispensaries would have 90 days to get their stores ready for the law’s effective date. That means a tighter timeline to prepare for increased demand, which could require more staff, inventory and technology.
“We would start acting very quickly to put some things in place to meet the moment,” said Pete Nischt, vice president of compliance for Klutch Cannabis.
Will lawmakers make other changes?
At this point, it’s unclear if or when the Legislature will do anything.
Callender said DeWine and House and Senate lawmakers agree on several points, such as limiting children’s exposure to advertising and clarifying rules around public smoking. But he said the Senate has “drawn a line in the sand” on limiting home grow and THC content, something Callender believes would undermine the will of voters.
House Republicans also say many issues could be resolved through administrative rules.
“We’re going to continue to look at what could work, either through the rulemaking process or if we have to do something legislatively just to clear up some things,” Stephens said earlier this month. “But the gist, and the important part I think, is the people spoke. Fifty-seven percent voted for it. You have to trust the voters.”
Huffman said he’s still concerned about home growing but noted there are “a lot of different opinions about that.” His cousin, Sen. Steve Huffman, R-Tipp City, is working on separate legislation to regulate hemp-derived delta-8 THC after DeWine raised alarm bells about minors buying those products. The recreational marijuana law does not deal with delta-8.
Nischt hopes proposals like higher taxes and lower THC content limits come off the table. Otherwise, he said, Ohio will continue struggling to compete with the illicit market and dispensaries in Michigan.
“The program will look different depending on whether it’s throttled back by legislation or if it’s allowed to thrive under the language that people voted on,” Nischt said.
Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.