After Ohio voters approved recreational marijuana in November 2023 with 57% support, Republican lawmakers are now pushing several proposals to revise the law, including altering potency limits, reducing homegrow allowances, regulating where marijuana can be used, and redirecting how tax revenue is spent. These proposed changes are sparking debates across the state as lawmakers try to reshape a law that was passed by public vote.
What Voters Approved in 2023
The law passed through Issue 2 created a framework for legal recreational marijuana sales in Ohio. It imposed a 10% excise tax and directed that tax revenue be divided into four key areas:
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36% to a Cannabis Social Equity and Jobs Fund
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36% to a Host Community Cannabis Fund
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25% to a Substance Abuse and Addiction Fund
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3% to the Division of Cannabis Control and Tax Commissioner Fund
Because the law was passed as a legislative statute (rather than a constitutional amendment), state legislators have the power to modify it — and they’re using that authority to propose some significant changes.
Gov. Mike DeWine’s Budget Plan
Governor DeWine has included marijuana law changes in his proposed 2026–2027 state budget, suggesting the following:
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Doubling the excise tax on marijuana sales from 10% to 20%
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Redirecting all marijuana tax revenue to:
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A program to expunge old marijuana possession records
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Funding the 988 Suicide and Crisis Lifeline
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Law enforcement training
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Jail and facility construction projects
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This plan would eliminate the original funds approved by voters and reroute the money toward statewide public safety and mental health priorities.
Senate Bill 56
Passed by the Ohio Senate in February, Senate Bill 56 is a 152-page overhaul of the current marijuana law. Key changes in the bill include:
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Reducing homegrow limits from 12 plants per household to 6 plants
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Banning outdoor marijuana smoking
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Originally proposed a 15% excise tax and redistribution of funds, but tax changes were removed before the final version passed
SB 56 has been criticized for going too far from the original intent of the voter-approved law, especially regarding personal freedoms and home cultivation.
House Bill 160
Considered a less aggressive revision, House Bill 160 focuses on marijuana, hemp, and liquor laws. It keeps the 10% excise tax but proposes the following key changes:
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Eliminates the Social Equity and Jobs Fund
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Reduces the Host Community Fund to 20%, and only for five years starting in 2026
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Redirects remaining tax revenue to the General Fund, potentially allowing the state to use it however it chooses
Supporters argue HB 160 offers a more moderate approach, but critics say removing the Social Equity Fund could harm communities disproportionately affected by past marijuana laws.
Why These Changes Matter
These proposals could significantly change the way legal marijuana is handled in Ohio, especially regarding:
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Where the tax money goes — with major shifts away from community-focused programs
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How many plants individuals can grow at home
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Where adults can legally consume marijuana
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Whether adults can share marijuana among themselves
With recreational sales expected to expand and generate substantial tax income, control over that revenue has become a central issue for lawmakers.
What’s Next?
Each proposal is still working its way through the legislative process, and public debate is growing over whether lawmakers should make such big changes to a law that voters approved directly.
As court hearings and public forums continue, it remains to be seen whether legislators will pass any of the proposed revisions — or whether Ohioans will push back, possibly seeking a constitutional amendment to protect the law from future changes.
