Last month, The New York Times Editorial Board published an opinion about marijuana regulation titled, “It’s Time for America to Admit That It Has a Marijuana Problem.”
The opinion piece, which backtracked on the editorial board’s previous laissez faire position on marijuana, arguing for more regulation and warning against public health harms, received almost 4,000 comments on the Times’ site and even more debate on social media platforms.
Ohio is seeing its own statewide debate about marijuana regulation, reflecting much of the points made in and in response to the Times’ editorial opinion. On March 20, Ohio Senate Bill 56 will take effect, overhauling the state’s previous cannabis and hemp laws that were put in place after 57% of Ohio voters approved the legalization of cannabis in 2023.
A referendum by the group Ohioans for Cannabis Choice didn’t receive enough signatures by Thursday, March 19, to get on the Nov. 3 ballot, which would have forced the pending law to face a public vote. The group needed to collect more than 248,000 valid signatures from at least 44 of the 88 counties, but they ran out of time.
The law makes changes to what Ohioans are currently familiar with regarding marijuana including the following:
- Reducing allowable THC levels in extracts from a maximum of 90% to a maximum of 70%
- Requiring THC potency in flower be limited to a maximum of 35%
- Banning the sale of unregulated intoxicating hemp products
- Banning smoking in most public spaces
- Criminalizing bringing marijuana from another state back into Ohio
- Requiring adult-use marijuana to be kept in its original packaging when not in use
- Requiring marijuana and paraphernalia to be transported in the trunk or behind the back row of seats in a vehicle
- Prohibiting advertisements that claim marijuana has any positive health or therapeutic effects
Additionally, Senate Bill 56 creates a new structure for cannabis regulation, reorganizing state oversight by strengthening the Division of Marijuana Control, which will oversee licensing, enforcement and regulation.
Notably, the bill creates a new section of Ohio law dealing with expungement related to marijuana offenses, allowing courts to process requests tied to offenses that are lower-level under current law or no longer illegal altogether.
What’s at stake?
Recently, Dennis Willard, a spokesperson for Ohioans for Cannabis Choice, told WOSU that the law is government overreach and a “slap in the face” to people who voted to make cannabis legal in 2023. He said it would shut down 6,000 businesses and put thousands of people out of work.
Those 6,000 businesses are in reference to the hemp industry, which will face major constraints with the implementation of this law.
Joey Ellwood, a hemp farmer in Tuscarawas County, is the owner of one of those at-risk businesses. He said that not only does Senate Bill 56 ban intoxicating hemp products, but it also bans non-intoxicating hemp products.
Under the 2018 Farm Bill, hemp was not defined as marijuana if it contained no more than 0.3% THC by dry weight, with this definition only applying to the plant, not to the finished product, creating a loophole. Ellwood said the Ohio legislature is creating a strong restriction by making sure final consumer products do not exceed 0.4 milligrams total THC per container. He said this new limit would make farmers adulterate their crops and buy expensive equipment that may not be available in a developing market.
Ellwood’s business offers many topical CBD products, he said, furthering his frustration.
“We're talking about tinctures, topicals that don't get people high, non-psychoactive roll-ons and topicals or a pet tincture,” Ellwood said. “My grandma might take a tincture to go to sleep, or someone puts it on their knee because they have inflammation. Those products now are going to have to go away. And those don't get people high.”
Ohio State Sen. Steve Huffman (R-5), sponsor of Senate Bill 56, said the bill’s focus on hemp-derived products stems from Gov. Mike DeWine’s concerns about over-the-counter sales to underaged buyers.
“Gov. DeWine has been talking about it for years, about the gummies and high THC level, which is essentially marijuana, but was derived from hemp that you could get into in gas stations and smoke shops that kids were able to buy,” Huffman said. “There was no age limitation, no THC limits on any of those things. It was the biggest reason to regulate hemp.”
Willard said the law is not about regulation and safety, but about shutting down an industry and letting dispensaries dominate the market while independent businesses get shut down.
“The dispensaries, the greedy dispensaries, who want to monopolize this industry, they should really take a step back and think about what's happening here, because this is a very slippery slope,” Willard said. “They're getting on board with shutting down an industry that they're part of. So you know, what's next for them? Do they think that suddenly these anti-cannabis lawmakers and the governor are going to suddenly say, 'hey, we'll let you do whatever you want.' No, they're going to defy the will of the voters again, and they're going to become overly restrictive with these dispensaries. Just watch.”
Huffman said that whatever monopoly exists was created when voters approved the 2023 ballot initiative to legalize cannabis.
“If that was done, it was done in a ballot initiative that was supported by the people, by the dispensaries and the level one growers,” Huffman said. “Any monopoly was set out purposely in the ballot initiative, as it was written. I've come out multiple times. I think we should deregulate marijuana in the next five to 10 years. If you could follow the regulations and pay the license fee for any part of the dispensary or growing, have more of a free market approach and let other people do that.”
Ellwood said it has been difficult for farmers to obtain a marijuana license because they are limited in availability.
“It's already been a barrier to entry, with the lack of enthusiasm by the legislature here in Ohio for farmers to participate,” Ellwood said.
Huffman, who is also a licensed medical doctor, said the state must protect children from accessing marijuana or cannabis products.
“I believe the research is quite clear that marijuana is very, very dangerous to the growing brain,” Huffman said. “And making sure [people are] not getting this under 21. The research I've seen, it's very detrimental for people under 25, so I think an overarching concept was, protect the children, protect people under 21 from higher THC levels.”
However, Ellwood said this hemp regulation will mostly impact adults who sell and buy non-intoxicating hemp products.
“Well paid lobbyists have delivered significant propaganda similar to the 1930s,” Ellwood said. “People can do their own research now, they know better. And if you read the law, it's not just about intoxicating hemp. It's about all these other problems. I would say to that, that [the legislature’s motivation is] a farce, and they should take the time to understand what they're doing to the small farmer.”
Columbus: Local regulations and benefits
Nick Bankston, a Columbus City Councilmember and chair of the Economic Development and Small Business Committee, said the city has precautionary measures to prevent the sale of over-the-counter cannabis products sold outside of regulated dispensaries.
“We do have investigative body and oversight body within our Department of Public Health that is out every single day trying to make sure that we are enforcing the rules and taking care of bad actors, even to the point that the City of Columbus also banned the sale of flavored tobacco because we're really concerned about that and health implications it has on our residents,” Bankston said.
When Issue 2 was passed in November 2023, it established a tax structure for Ohio cities to receive funding through a 10% excise tax on all marijuana sales. Of that 10%, host communities that have marijuana facilities — like dispensaries — get 36% of that 10%. Bankston said that funding goes toward funding human service efforts, education and workforce development.
Senate Bill 56 keeps that tax structure in place. It also released the trapped excise tax revenue collected for more than a year that never got released by the ballot initiative. Columbus received $4.7 million in backpay from August 2024 through December 2025, meaning the city received more marijuana excise tax revenue than any other Ohio municipality.
“We are the largest municipality in the state, we're also the fastest growing in the region,” Bankston said. “In particular, in central Ohio, there are a lot of smaller townships and more, I would say, conservative suburban partners who have made it harder or banned the distribution centers, if you will, in their respective municipality. So that forces folks to come into the city of Columbus, because basically, the more that you purchase within the city limits, the more we receive that share of the excise tax.”
However, Bankston said the special marijuana fund was created at the city level so tax money wouldn’t be tied up in the general fund, which would impact the city budget if changes were made to the marijuana tax funding formula in the future.