To amend sections 9.79, 519.21, 928.01, 928.03, 3376.07, 3796.01, 3796.02, 3796.03, 3796.05, 3796.06, 3796.07, 3796.09, 3796.10, 3796.12, 3796.13, 3796.14, 3796.15, 3796.17, 3796.18, 3796.19, 3796.20, 3796.21, 3796.22, 3796.23, 3796.24, 3796.27, 3796.28, 3796.29, 3796.30, 3796.31, 4735.18, 4796.25, 5502.01, 5502.13, 5502.14, 5713.30, 5739.21, and 5739.99; to enact sections 2953.321, 3796.04, 3796.062, 3796.221, 3796.32, 3796.33, 3796.99, and 5739.27; and to repeal sections 3780.01, 3780.02, 3780.03, 3780.04, 3780.05, 3780.06, 3780.07, 3780.08, 3780.09, 3780.10, 3780.11, 3780.12, 3780.13, 3780.14, 3780.15, 3780.16, 3780.17, 3780.18, 3780.19, 3780.20, 3780.21, 3780.22, 3780.23, 3780.24, 3780.25, 3780.26, 3780.27, 3780.28, 3780.29, 3780.30, 3780.31, 3780.32, 3780.33, 3780.34, 3780.35, 3780.36, 3780.90, 3780.99, and 3796.021 of the Revised Code to revise specified provisions of the liquor control, hemp, and adult-use marijuana laws and to levy taxes on marijuana.
HB160 would substantially reorganize Ohio’s marijuana and hemp laws by repealing the existing adult-use marijuana chapter and replacing it with a new Chapter 3796 framework that combines medical marijuana and adult-use marijuana regulation under the Division of Marijuana Control. The bill authorizes adult-use consumers age 21 and older to cultivate limited homegrown marijuana at a primary residence, possess specified amounts, and use marijuana subject to location and method restrictions. It also expands and standardizes rules for cultivators, processors, dispensaries, and laboratories, including licensing, testing, packaging, labeling, delivery, advertising, security, and recordkeeping requirements.
The bill also creates a new tax structure for marijuana sales. It imposes a 10% excise tax on retail adult-use marijuana sales and a separate 10% tax on sales of marijuana other than adult-use or medical marijuana, with revenue directed first to refunds and then to the state’s general revenue fund, plus a host community cannabis fund for local governments that allow dispensaries. In addition, the bill updates related laws on criminal records checks, expungement, zoning, employment, financial services, real estate, and student-athlete NIL restrictions to reflect the new marijuana framework and to limit collateral consequences for lawful marijuana activity.
HB160 would repeal the current adult-use marijuana chapter and move Ohio’s marijuana regulation into an expanded medical-marijuana-centered Chapter 3796, while also revising hemp rules and related statutes. It would affect the Division of Marijuana Control, the Department of Public Safety, the Department of Agriculture, the tax commissioner, local governments, employers, landlords, licensing boards, financial institutions, and marijuana businesses. The bill also creates a limited expungement process for certain low-level marijuana possession convictions and modifies licensing rules to narrow the effect of criminal history on occupational and marijuana-related licensure.
The main points of contention likely involve the scope of legalization and regulation: home cultivation, retail access, delivery, advertising limits, and the extent to which local governments may restrict dispensaries. Another likely area of debate is taxation, especially the new 10% excise tax and how revenues are distributed to the state and host communities. The bill also contains provisions that may draw opposition from employers, landlords, schools, and local officials because it limits their ability to penalize or restrict lawful marijuana activity, while marijuana businesses may scrutinize the licensing caps, setback rules, and criminal-background restrictions.