Ohio Senate Republicans File Bill to Register Home Grows

Gabrielle Dion

May 30

As Ohio adult use dispensaries are set to open any day, those who want to grow their medicine at home may face a new registration requirement, if a new bill were to pass.

Introduced on May 28th by State Senators Steve Huffman (R-Tipp City) and Kirk Schuring (R-Canton), Senate Bill 278 would modify regulations of medical marijuana, adult use cannabis, and hemp in Ohio. More specifically, this bill aims to create a registration requirement for home growers and expand commercial cultivation licenses to processors.

Ohio Home Grow Registration Requirement in SB 278

In Ohio, the adult-use law passed last November 7th by voters allows for everyone over 21 to possess up to 2.5 ounces of THC-containing cannabis (marijuana). In addition, the law states that citizens may grow up to 6 plants on their own property. A maximum of 12 plants per household may be grown in a locked, enclosed area that's not accessible to children or visible to the public.

SB 278 would add a registration requirement for would-be home growers.

The full bill is here: https://www.legislature.ohio.gov/legislation/135/sb278

Since the adult-use law's passage, Gov. Mike DeWine has urged lawmakers to refine rules and crack down on synthetic cannabis products like delta-8.

Sen. Schuring said lawmakers want to promote a free market that leads to more supply and lower costs for consumers."This is not an upheaval of the will of the people," Shuring commented publicly about the bill. "This is just trying to make sure there's clarity to it."

Specifics of Senate Bill 278 for Individuals and Businesses

Under Senate Bill 278, changes for individuals would include:

Only people 21 and older could buy "adult-use hemp products" containing at least 2.5 milligrams of THC per serving. This includes any kind of THC naturally or artificially derived from the cannabis plant.
Users could not smoke or vape THC in public places where tobacco smoking is already banned.
Ohioans who grow cannabis plants at home would be required to submit an affidavit to the Division of Cannabis Control verifying they will not sell any of their yielded product to the public. Currently, home growers can transfer up to six plants to another adult as long as there's no payment or advertising.
The illegal cultivation of cannabis plants at home would be a misdemeanor for the first offense and could escalate to a felony charge.

Under Senate Bill 278, changes for cannabis business licensees would include:

Cannabis businesses could take advantage of tax deductions for the cost of doing business, such as insurance and rent.
Standalone processors licensed under the MMJ program would be eligible for an adult-use cultivation license.
Patients could get a card for MMJ to treat any condition as long as it's recommended by a physician. Currently, only these qualifying conditions make a person eligible for a MMJ card.

How Can I Make My Voice Heard?

Start by reading the bill to figure out if it seems to align with your core beliefs. From there, you can reach out to your legislator(s) and let them know you want them to support the bill (or not).

Registered voters have the biggest impact on legislation. Collectively, we have a strong voice that can move mountains. The more of us that participate in the legislative process, the more legislation will reflect the people's wants and needs.

Making your voice heard about the details of this bill by calling or emailing the bill sponsors. You can also send a letter via snail-mail here:

Senate Building
1 Capitol Square
2nd Floor
220
Columbus, Ohio 43215

Here's their information for calling or emailing:

Sen. Steve Huffman (R-Tipp City): huffmann@ohiosenate.gov, phone (614) 466-6247
Sen. Kirk Schuring (R-Canton): schuring@ohiosenate.gov, phone (614) 466-0626.

MedicateOH developed this resource for writing your letter.

Federal news

Clarification from the DEA surrounding THCA came late last week. A crackdown appears imminent on this "loophole" of the 2018 Farm Bill. Details from Marijuana Moment:

To meet the federal definition of hemp under the 2018 Farm Bill, a cannabis product must contain less than 0.3 percent delta-9 THC. Now, in a new letter clarifying that limit, a top Drug Enforcement Administration (DEA) official says the threshold includes not only delta-9 THC itself but also the related cannabinoid THCA, which is converted into delta-9 THC when heated—a process known as decarboxylation.

"In regards to THCA, Congress has directed that, when determining whether a substance constitutes hemp, the delta-9 THC concentration is to be tested 'using post-decarboxylation or other similarly reliable methods,'" says the letter, sent earlier this month by Terrence Boos, chief of DEA's drug and chemical evaluation section. More here.

Follow MedicateOH to get all the latest details on the changing landscape for cannabis in Ohio and across the U.S.

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