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Ohio Senate Expected To Vote On Bill Recriminalizing Some Marijuana Activity That Voters Legalized

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3 weeks ago

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“You can be charged with a felony for having legal weed in a package other than what you bought it from. You can be charged with a felony for buying legal weed in Michigan.”

By Jake Zuckerman, Signal Cleveland

It was this story originally posted By Signal Cleveland. Sign up for their free newsletter at SignalCleveland.org/subscribe.

A new law to be passed in the Statehouse next week would establish a series of juveniles Criminal penalties for persons illegally transporting or possessing marijuana in Ohiowhile withdrawing legal protections for users, such as child custody or professional license disputes.

That’s why NORML, the oldest marijuana advocacy organization in the US, is leading a quixotic effort to urge the Ohio Senate to reject Senate Bill 56 before a final vote next week.

With Senate approval, the bill would go to Gov. Mike DeWine (R) for his signature or veto.

The marijuana changes are part of a larger package that also establishes a new, comprehensive regulatory system for the intoxicant hemp, a product functionally similar to legal marijuana, but sold without age restrictions, taxes or quality controls. DeWine, a Republican who opposed relaxing Ohio’s marijuana laws, has been making public the issue of hemp more than a year ago.

But perhaps due to a political compromise, marijuana users have been caught up in the crackdown on hemp, according to Morgan Fox, NORML’s political director.

“A lot of this stuff is completely nonsensical,” he said in an interview. “This is recriminalizing a lot of behavior that is relatively innocent and has been legal for a long time.”

House and Senate lawmakers negotiated the final version of the legislation in a conference committee, which means the bill cannot be changed. The House passed it last month by a 52-34 vote last night, with a handful of Republicans joining Democrats in opposition.

Committee members described the final version as a compromise between mixed blocs of voters: Democrats who don’t want new criminal penalties for regular users, Republicans who support the right to grow marijuana, religious conservatives who oppose the expansion of legal use of the intoxicant, local governments who want their money to ruin a gas station. retailers, and both the hemp and marijuana industries seeking market advantages. (In all, 153 lobbyists signed up to work on the bill in August, state records show.)

In 2023, Ohio voters passed Issue 2 by 57 percent to 43 percent, allowing adults to legally use, buy, sell and possess cannabis. Those rights remain intact under the bill.

However, SB 56 imposes legal penalties for not having marijuana in its original container or buying legal marijuana in Michigan, where it is usually much cheaper.

Below is a closer look at some of these rules.

Out-of-state marijuana

SB 56 reclassifies what counts as the “legalization scope” of marijuana. And under its rules, marijuana that isn’t grown at home or purchased at a state dispensary is illegal. Prices are much lower in Michigan’s more mature cannabis market, and SB 56 would make it illegal to bring the substance back into Ohio.

Violators can be charged with a misdemeanor, which carries a maximum fine of $150, but no jail time.

Fox, the state lobbyist for NORML, said he is not aware of any adult-use states that outlaw the simple possession of cannabis produced in another state.

Driving with marijuana in the car

Under the bill, drivers could legally transport marijuana. However, it must be stored in the trunk or, in cars without a trunk, behind the last upright seat of the car. Marijuana and any paraphernalia must also be stored in its “original, unopened container.”

Likewise, edibles must be kept in their original packaging to complete the bill.

Offenses are minor fouls.

“You can be charged with a felony for having legal weed in a package other than the one you bought it from,” Bride Rose Sweeney, one of the top Democratic negotiators in the House, said at the conference. “You can be charged with a felony for buying legal Michigan weed.”

Loss of legal protections

In addition to legalizing marijuana, the voter-approved 2023 law created legal protections for adults who use marijuana in many civil and administrative contexts.

For example, state licensing boards cannot penalize licensees solely for using marijuana. A judge cannot deprive a parent of parenting time or responsibilities based solely on marijuana use and absent clear and convincing evidence of the child’s lack of safety.

Similar protections exist in relation to access to medical care, such as organ donation, in relation to denying a person as a tenant or disqualifying them from public benefits.

The bill removes almost all of these protections, although users can access public benefits (except unemployment compensation).

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Michigan cannabis industry appeals 24% wholesale tax as job cuts loom

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7 hours ago

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December 30, 2025

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as reported by Crain’s in DetroitMichigan’s cannabis industry is ramping up its legal battle over the 24% wholesale tax that will take effect on January 1st. The Michigan Cannabis Industry Association (MICIA) filed an appeal in the state appeals court on Tuesday, challenging the decision of Court of Claims Judge Sima Patel, who denied the group’s request to block the tax.

MICIA spokeswoman Rose Tantraphol told Crain’s that she “doesn’t think the Claims Tribunal made the right call” and that the case is “an exceptionally strong case on the merits.” The association says the wholesale tax violates the 2018 voter-approved cannabis law, the Michigan Marijuana Regulation and Taxation Act (MRTMA), and “we will not back down from fighting for the will of the people in court,” it said.

A tax passed by lawmakers in late October to fund road repairs is already making waves in the state’s cannabis market. Ann Arbor-based C3 Industries is closing its 35,000-square-foot growing facility in Webberville, cutting 62 jobs, according to a state Workforce Adjustment and Retraining notice. CEO Ankur Rungta told Crain’s that the business “cannot operate the Michigan production facility profitably with the new wholesale tax.”

Marquette-based Higher Love, which runs ten dispensaries along with growing and processing operations, announced it will lay off nearly 30 percent of its workforce, citing tax reasons, though the exact number of workers affected is unclear.

MICIA’s legal challenge argues that the Legislature lacked the supermajority needed to change the voter-approved law and may have sidestepped the rules by introducing a toll road funding bill without a public hearing. Judge Patel disagreed that the tax violated the law, but left the door open for further review, and that courts should consider whether the 24% wholesale tax undermines the intent of the MRTMA’s original 10% retail excise tax, which aims to keep legal marijuana affordable and curb the illegal market.

With the new tax set to go into effect within days, MICIA is asking the Court of Appeal for a quick ruling to stop the wholesale levy before it takes effect.










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Florida Marijuana Campaign Sues State Over Invalidation Of 71,000 Signatures With Turn-In Deadline Weeks Away

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7 hours ago

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December 30, 2025

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A Florida campaign seeking to put marijuana legalization on the state’s 2026 ballot has filed a new lawsuit against state officials, alleging they improperly directed the cancellation of about 71,000 signatures as the filing deadline quickly approaches.

Smart & Safe Florida has fought several legal battles this cycle to ensure its initiative can be put on the ballot.

The latest lawsuit, filed Monday in Leon County courts, alleges that Secretary of State Cord Byrd (R) ordered county election officials to invalidate about 42,000 signatures from so-called “inactive” voters and about 29,000 signatures collected by out-of-state petitioners.

This comes after another court upheld a previous decision to strike with around 200,000 signatures, which the state said were invalid because the petition did not contain the full text of the proposed initiative. The campaign challenged the legal interpretation, but declined to appeal the decision, confident it had collected enough signatures to settle the dispute.

Now, about a month away from submitting 880,062 valid signatures by the Feb. 1 deadline, Smart & Safe Florida points out that additional cancellations could jeopardize their chances of getting on the ballot. Currently, the state has validated 675,307 signatures.

“Time is of the essence,” the new lawsuit says. according to Florida News Service. “Florida’s Secretary of State has issued two illegal directives that, unless stopped, will invalidate citizen initiative petitions signed by more than 70,000 registered voters.”

As for “inactive” voters, the term refers to those who are registered but marked as undeliverable, resulting in their addresses being considered unconfirmed. This group can remain unregistered if they do not vote in two consecutive general elections.

“The absurd result of the Secretary’s directive is that ‘active’ voters can vote for the proposed amendment, but cannot count their petitions to vote to place the proposed amendment on the ballot,” the lawsuit states.

The out-of-state petitioner lawsuit, on the other hand, is about enforcement of a law passed earlier this year that prohibits the collection of signatures by non-Florida residents. Among the legal challenges, a federal court ordered its enforcement blocked for about two months before another judge lifted that order.

Smart & Safe Florida is arguing that the signatures collected during the mandate window should not be invalidated because they were obtained legally while the law was not in effect.

Meanwhile, earlier this month, Florida’s attorney general asked the state Supreme Court to review the constitutionality of the legalization initiative. The court granted the request and set a schedule for state officials and the cannabis campaign to file briefs next month.

The campaign said last month it had collected more than a million signatures to put the cannabis measure on the ballot, but it’s not. He has sued state Supreme Court officials for delaying the certification processarguing that the review of ballot content and summary should have gone ahead several months ago when the initial signature threshold was reached. The state then he agreed to proceed with the processing.

Florida Gov. Ron DeSantis (R) campaigned hard against an earlier version of the proposed legislation, which won a majority of voters last year but fell short of the 60 percent threshold needed to pass a constitutional amendment. Former Attorney General Ashley Moody (R) unsuccessfully challenged the earlier initiative in court.

In March, two Democratic members of Congress representing Florida asked the federal government to investigate What they described as an “illegal diversion” of millions in state Medicaid funds through a group with ties to Gov. Ron DeSantis (R). The money was used to fight a popular ballot initiative the governor vehemently opposed that would have legalized adult marijuana.

The lawmakers’ letter alleges that a $10 million donation from a state legislative settlement was misappropriated to the Hope Florida Foundation, which later sent the money to two political nonprofits, and sent $8.5 million to the anti-Amendment 3 campaign.

The governor said this in February The latest measure to legalize marijuana is in “big trouble” with the state Supreme CourtHe announced that it will be blocked from going before the voters next year.

“There are a lot of different views on marijuana,” DeSantis said. “It shouldn’t be in our Constitution. If you feel strongly about it, you have a legislative election. Bring back the candidates you think will be able to deliver what you think about it.”

“But when you put these things in the Constitution, and I think, I mean, the way they were written, there’s all kinds of things going on here. I think it’s going to have a lot of trouble getting passed by the Florida Supreme Court,” he said.

the last the initiative It was introduced to the secretary of state just months after initial versions failed in the November 2024 election, despite President Donald Trump’s endorsement.

The revised version of Smart & Safe Florida is expected to be successful in 2026. The campaign — which received tens of millions of dollars from cannabis industry players in the last election cycle, notably from multi-state operator Trulieve — introduced some changes in the new version that address criticisms of opponents of the 2024 push.

For example, it now specifically states that “smoking and vaping marijuana in any public place is prohibited.” Another section states that the legislature should adopt rules governing the “time, place and public manner of consuming marijuana.”

Last year, the governor accurately predicted this The campaign’s 2024 cannabis measure would survive a legal challenge From the state attorney general. It’s not entirely clear why he thinks this version will face a different outcome.

Although there is uncertainty about how the state’s highest court will navigate the measure, a poll released in February It showed the overwhelming support of a bipartisan voter for reform— 67% of Florida voters support legalization, including 82% of Democrats, 66% of independents and 55% of Republicans.

—
It’s Marijuana Time tracking hundreds of cannabis, psychedelic and drug policy bills in state legislatures and Congress this year. Patreon supporters by pledging at least $25/month, you’ll get access to our interactive maps, charts, and audio calendars so you never miss a development.

Learn more about our marijuana bill tracking and become a Patreon supporter to gain access
—

In hindsight, a recent survey by a Trump-linked research firm found that Nearly 9 in 10 Florida voters say they should have the right to decide whether to legalize marijuana in the state

Meanwhile, a pro-legalization GOP state lawmaker has just introduced a bill to change state law code that the public use of marijuana is prohibited.

Rep. Alex Andrade (R), the sponsor, said earlier this year Passing cannabis reform is a way for the Republican Party to get more votes from young people

Separately, there are medical marijuana officials in Florida actively expunging the records of patients and caregivers with drug-related criminal records. The policy is part of the sweeping budget legislation that DeSantis signed into law earlier this year. The aforementioned provisions address the State Department of Health (DOH). void the records of medical marijuana patients and caregivers if convicted of drug offenses, or pleaded guilty or no contest.

Mike Latimer’s photo.

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Happy Holidays!

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1 day ago

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December 29, 2025

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Next publication on January 5, 2026






We are officially closing for the holidays. MMJDaily will be back on January 5, 2026, a little more rested.

Thank you for staying with us until 2025. Go enjoy your vacation, eat too much, sleep too little and try not to set anything on fire. See you next year!

© Mirthe Walpot | MMJDaily.com



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