If you experience a bit of deja vu reading about legal cannabis in Ohio, that’s understandable. Much like in New York, Maine, Minnesota and other states, Ohio is experiencing some difficulties getting its legal cannabis market off the ground, even though voters approved it on the November ballot.

There are a couple of twists to the Ohio recreational cannabis story, however. One is that while they did not create a regulated cannabis sales market yet, state leaders did allow part of the new law to go into effect that allows people to possess cannabis at home. In another potentially significant change, state Republicans are looking to make significant changes to the law approved by voters.

It’s created a perplexing situation regarding Ohio recreational cannabis, where adults are permitted to possess cannabis at home but are prohibited from purchasing it. PBS reported that this unusual scenario resulted from the approval of a citizen-initiated statute, called Issue 2, by voters in November, but a resistance among state’s Republican leaders to allow the law to go into effect as passed by voters.

Republicans Say They Are Fine With Delay

In an attempt to address the situation, Republican Gov. Mike DeWine advocated for the passage of a compromise bill that would establish guidelines for implementing Issue 2. Despite a last-minute agreement successfully passing through the Ohio Senate, the Ohio House chose to adjourn, asserting there was no urgency to take up the issue.

However, DeWine warned that their action – or inaction – may increase the likelihood of a thriving black market for marijuana.

Ohio Rep. Jamie Callender, a Republican, sponsored a separate House implementation bill and contradicted DeWine, asserting that there was no fixed deadline for implementing Ohio’s legal sales system. Callender expressed a desire for a thoughtful and deliberate approach, ensuring sufficient time to address delayed aspects and respect the voters’ wishes.

Meanwhile, state Rep. Bill Seitz defended the House’s decision to adjourn without acting on the 160-page compromise. Seitz emphasized the need for lawmakers to have ample time to navigate the complexities of establishing Ohio’s adult-use cannabis sales, taxation and regulatory structure.

It’s worth noting that state lawmakers had four months the previous year to act on the citizen-initiated statute, but the GOP-controlled Legislature chose not to, leading to its placement on the Nov. 7 ballot, where it passed with 57% support.

Cannabis Advocates Say Republicans Are Gutting New Law

Advocates for Ohio recreational cannabis said that even with voters approving the new law, there is concern that GOP lawmakers will intentionally alter the law, changing what voters approved.

“Some in the Ohio Senate propose to gut Issue 2’s most important provisions, including home grow and social equity, and to put in place higher taxes that will entrench the illicit market and force Ohioans to continue to buy their cannabis products in Michigan,” Tom Haren, a spokesperson for the pro-Issue 2 campaign Regulate Marijuana Like Alcohol, said, according to CBS Pittsburgh. “This is not what voters wanted.”

Some of the proposed changes by Republicans include prohibiting growing marijuana at home, a departure from provisions approved by voters that allow growing up to six plants at home. They also have proposed increasing the tax on cannabis from 10% to 15%.

They also have proposed changing where the money goes, according to CBS Pittsburgh. Republicans want cannabis tax revenue to go into the state general fund, funding law enforcement training, substance abuse treatment and prevention and safe driving training. The original statute called for the revenue to go to local governments that host dispensaries and a social equity program for those who want to go into the cannabis industry.