Intoxicating cannabis products and various sweets at a press conference on October 8, 2025 (Photo by Megan Henry, Ohio Capital Journal).
A bill banning intoxicating cannabis products and prohibiting the importation of legally purchased marijuana back into Ohio from another state now heads to Ohio Governor Mike DeWine’s desk for his signature after being passed by Ohio Senate Republicans.
The Ohio Senate voted along party lines 22-7 Ohio Senate Bill 56 Tuesday. The The Ohio House passed the bill at the end of last month’s marathon session. If DeWine signs the bill before the modern year, it could come into force as early as March.
“(Intoxicating cannabis products) will disappear from stores immediately after this bill goes into effect.” Ohio Senate Majority Leader Rob McColley, R-Napoleonhe said.
Ohio’s bill follows recent federal changes by prohibiting the sale of intoxicating cannabis products outside licensed marijuana dispensaries.
“When it comes to intoxicating cannabis, when all is said and done, this bill will clearly benefit large marijuana companies,” said Ohio Senate Minority Leader Nickie J. Antonio, D-Lakewood. “And at the same time, it leaves many small business owners behind.”
DeWine has been asking lawmakers to do something about intoxicating cannabis products for almost two years.
The bill also allows the production, distribution and sale of beverages containing THC containing five milligrams until December 31, 2026.
“I’m so concerned that the fastest-growing beverage industry, cannabis beverages, will suffer,” said Ohio State Sen. Bill DeMora, R-Columbus.
On marijuana, the bill would lower the THC level in adult-use marijuana extracts from a maximum of 90% to a maximum of 70%, limit the THC level in adult-use flower to 35%, and ban smoking in most public places.
Some probable cause was removed from the bill, but some still remains.
The bill prohibits possession of marijuana outside its original packaging and criminalizes bringing legal marijuana from another state back into Ohio.
“It’s a crime, but it won’t be punished severely,” McColley said. “It’s really a reflection of the fact that Michigan has different testing standards.”
DeMora supports taking intoxicating cannabis products off the streets, but has issues with marijuana laws.
“It re-criminalized dozens of different marijuana laws,” DeMora said.
“We cannot lose sight of the fact that millions of dollars of taxpayer money will be wasted on Ohio troopers standing at the border or on every road leading out of the state north to see people entering Ohio with marijuana products.”
It also requires drivers to keep marijuana in the trunk of their car while driving.
Ohio SB 56 would provide 36% of revenue from adult-use marijuana sales to municipalities and municipalities that have recreational marijuana dispensaries.
“This money will be available to residents as soon as tax dollars are able to do so once signed by the governor.” Ohio State Sen. Steve Huffman, R-Tipp City, he said.
The bill also maintains the 10% tax rate on recreational marijuana and keeps the home cultivation rate the same at six plants per adult and 12 per residence. It also places a cap on 400 marijuana dispensaries in the state.
Ohioans passed a citizen-initiated bill legalize recreational marijuana in 2023 with 57% of the votes. Sales started in August 2024 and exceeded $702.5 million in the first year.
Ohio lawmakers can change the law because it was passed as a citizen initiative, not a constitutional amendment they have been trying to do this since the end of 2023.
“This bill leaves intact the heart of issue two and access to marijuana, while also addressing several important public safety issues as well as laws that protect Ohio children,” Huffman said.
Democratic lawmakers in Ohio argue that the bill goes against the will of Ohio voters.
“My caucus believes that at the root of this is a majority of legislators who are out of touch with everyday Ohioans, even when it comes to legalizing marijuana, and they have tried to do everything in their power to invalidate the citizen’s vote,” Antonio said.
McColley disagrees.
“I think that’s a bit of exaggeration and hyperbole,” he said.
Antonio said that if the bill is passed, it could be challenged.
“I’ll leave that to the people who sit around the table and look through law books to find out, but I wouldn’t be surprised,” she said.
The bill has undergone many amendments.
The bill was originally introduced by Ohio State Sen. Steve Huffman, R-Tipp City and Senate he passed it in Februarybut the House made major changes, most notably adding provisions for intoxicating cannabis.
The The Ohio House passed Ohio SB 56 in October in a bipartisan vote and The Ohio Senate voted unanimously a week later, disagree with the changes made to the bill by sending it to the conference committee.
After the bill was sent to the conference committee in slow October, changes were made to hemp at the federal level.
Congress recently voted to ban products containing a total of 0.4 milligrams of THC per package earlier this month, voting to reopen the government.
Previously, the 2018 Farm Bill stated that hemp could be grown legally if it contained less than 0.3% THC.
The federal hemp ban comes with a one-year delay, but states can create their own regulatory framework before then.
Follow a Capital Journal reporter Megan Henry in Bluesky.
YOU MAKE OUR WORK POSSIBLE.
