On November 7, 2023, Ohio approved an adult-use marijuana measure that allows individuals age 21 and older to grow marijuana and possess up to 2.5 ounces of marijuana in non-extract form and 15 grams of marijuana extract. A few days ago, the Ohio State House of Representatives recently chose Matt Huffman to be its next House Speaker. How are these things related, you ask? Because Huffman, taking a cue from Heath Ledger’s Joker and the author of this year’s college football storyline, plans to:
Restrict[] marijuana policies, including making [adult-use] marijuana illegal. Huffman says he believes voters were misinformed when they approved legalization. He has previously proposed revisiting the policy to drastically limit THC levels in products.
However, this unprecedented and seemingly chaotic move is going to face resistance from within Huffman’s own party:
State Representative Ron Ferguson, a Republican, firmly supports the will of the voters. “Marijuana policy, for the most part, has been decided by the voters,” Ferguson said. “I support what they decided.” Ferguson has vowed to oppose efforts to undermine the current law.
Additionally, Ohio adult-use marijuana “[s]ales began on August 7 and have generated over $160 million” in the last few months. Any restriction of the current program will very likely lead to decreased tax revenue and decreased sales for current state-legal marijuana operators.
Voter-approved measures like Ohio’s have faced significant internal and external pressures over the past couple decades. But no state legislature has ever vetoed or repealed a ballot measure like Ohio’s. If successful, this move could embolden other state legislatures to impose similar restrictions or eliminate their adult-use programs entirely. However, if Huffman is successful in repealing or severely limiting Ohio’s current adult-use marijuana program, such action is likely to face substantial litigation from Ohio citizens, consumer activist groups, and existing marijuana operators.
Sometimes this business can leave your head spinning. As we’ve said many times before, if you want to work in the cannabis industry, you have to get comfortable being uncomfortable. I leave you, dear reader, with the immortal words of Gnarls Barkley:
I remember when
I remember, I remember when I lost my mind
There was something so pleasant about that place
…
Come on now, who do you, who do you, who do you
Who do you think you are?
Ha-ha-ha, bless your soul
You really think you’re in control, well I think you’re crazy