Just as your home (vs your entire property) in Ohio is your “castle” in terms of being able to stand your ground and defend yourself/family against an intruder, the Ohio Senate in SB 56 has recently voted to amend Ohio’s recreational marijuana statute (Ohio Revised Code Chapter 3780) such that any partaking of recreational marijuana must now be within the walls of your “castle” and not outside of them. Basically, Senate Bill 56 is said to “overhaul” the recreational marijuana program approved by voters in 2023, in many respects. Perhaps the biggest changes would affect those who own or operate (as cultivators or dispensaries) real estate.
Homeowners & Landlords
Homeowners would now be required to smoke or vape marijuana inside their homes, versus their back yards, or anywhere else on their property, outside of the home. Also, pursuant to SB 56, homeowners who grow their own cannabis plants would be limited to six plants per household. The current law allows up to six plants per adult and twelve plants per household. And, SB 56 prevents sharing what homeowners grow outside of their household.
SB 56 also allows landlords to prohibit tenants from growing any marijuana on their properties, and prohibits in-home childcare facility owners from growing marijuana on their properties.
Dispensaries
Cultivators and dispensaries of recreational marijuana would also likely “take a hit.” For example, SB 56 would significantly reduce the caps on how much cannabis cultivators can grow (from 100,000 SF down to 25,000 SF for Level 1 Cultivators [unless they qualify for expansion up to 75,000 SF]; and from 15,000 SF down to 3,000 SF for Level 2 Cultivators [unless they qualify for expansion up to 9,000 SF]). SB 56 also eliminates 50 dispensary licenses for social equity and jobs applicants (as the Social Equity and Jobs Program for cultivators would be eliminated under SB 56).
Limits & Provisions of SB 56
Retailers under SB 56 would see new limits/caps on:
- Servings/packages (10 milligrams for individual servings and 100 milligrams for packages)
- THC content (35% in plant material and 70% in extracts)
- Type of product (SB 56 removes “edibles,” suppositories,” and “oils” from products that can be sold (unless as part of a medical cannabis program)
- The number of dispensaries (350, without allowing regulators to assess and increase this number in the future)
Among many other provisions, Senate Bill 56 also:
- Makes smoking marijuana in public a minor misdemeanor;
- Gives the Division of Cannabis Control more authority to regulate advertising and prohibits advertisements that feature content targeted to children;
- Imposes a three-day mandatory minimum in jail — and a maximum of up to six months in jail plus a fine — for passengers smoking or vaping cannabis in a vehicle or boat;
- Requires a minimum buffer between dispensaries of ½ mile; and
- Increases the retail excise tax on adult-use cannabis from 10% to 15% (on top of state and local sales taxes).
Opponents of SB 56 claim the bill would create a “legal minefield that re-criminalizes innocuous conduct” and basically “takes away rights of people by making lots of things that are legal today illegal, should this bill become law.” Proponents claim that the intention of this bill, is simply “to protect… children and families.”
The only thing that seems clear at this time is that if an overhauled bill on recreational marijuana comes before the Governor’s desk, it will be an amended version of SB 56 after clearing the Ohio House of Representatives (who blocked a similar 2023 Senate Bill).
For more information regarding Senate Bill 56, contact KJK attorneys Stephen Richman (SDR@kjk.com) or Matthew Viola (MTV@kjk.com).
