Ohio HB258 Bans Cannabis Sharing, Limits Home Grow, and Bans Public Consumption.

Written by Mastamynd

6/25/2024

ohio home grow tent

Ohio HB258 Bans Cannabis Sharing, Limits Home Grow, and Bans Public Consumption

Ohio Hb258 is the latest threat to Issue 2 passed by Ohio voters last November 2023.

I want to get to the meat of the situation legislators plan to pass this amendment fast if there is not any public outrage or pushback. I am told we have less than 30 hours to stop this amendment from happening. HB258 would limit home grow, ban cannabis gifting and sharing, and ban public consumption of cannabis. It would also give Ohio employers the ability to refuse to hire or terminate someone's employment because of adult use of cannabis. I have highlighted some of the key sections however I encourage you to read the entire bill for yourself and begin contacting your local senators and state representatives today.

click HB258 to read the entire bill.

Home Grow this part of the bill begins on page 184

Sec. 3780.29. Home Grow

(A) Except as otherwise provided in this chapter, and

notwithstanding any other contrary provision of the Revised

Code, all of the following acts by an adult use consumer are

lawful:

(1) Cultivating, growing, and possessing not more than six

cannabis plants at the individual's primary residence, if all of

the following apply:

(a) Not more than (currently 12 plants) six cannabis plants are cultivated or

grown at a single residence where two or more individuals who

are at least twenty-one years of age residing at any one time; and

(b) Cultivation or growing does not take place at a residence

that is a type A family child care home or type B family child

care home, as those terms are defined in section 5104.01 of the

Revised Code;

(c) Cultivation or growing of adult-use cannabis only takes

place within a secured closet, room, greenhouse, or other

enclosed area in or on the grounds of the residence that

prevents access by individuals less than twenty-one years of

age, and which is not visible by normal unaided vision from a

public space.

(2) Processing by manual or mechanical means adult-use cannabis

cultivated or grown in accordance with this section; or

(3) Transferring up to six cannabis plants to an adult use

consumer as long as the transfer is without remuneration and not

advertised or promoted to the public.

This part would be removed under the proposed amendment.

You would not be able to share cannabis.

(B) An adult use consumer may store at their primary residence

Adult-use cannabis that was purchased from an adult-use

dispensary licensed under this chapter or produced in compliance

with this section.

Home grow

R.C. 3780.29

Prohibits cultivation or growing of adult-use cannabis at

a residence that is a type A child care home or type B family

child care home.

Prohibits transfer of adult-use cannabis or cannabis

plants, regardless of whether such transfer is advertised or is

for consideration.

Reduces from 12 to 6, the number of cannabis plants thatmay be grown in each household; retains the 6-plants-per-person

limit prescribed by continuing law. Criminal penalties do not

apply until a person or household has double the number of

plants allowed by law.

Clarifies that no person may cultivate, grow, or process

adult-use cannabis on behalf of another.

Sec. 3780.35. Rights of employer

This part of this section stood out to me because it gives employers the right to discriminate against cannabis consumers. Imagine if all Ohio employers said no cannabis use zero tolerance then many Ohio residents would be out of a job.

(C) It is not a violation of division (A), (D), or (E) of

section 4112.02 of the Revised Code if an employer discharges,

refuses to hire, or otherwise discriminates against an

individual because of that individual's use of cannabis if the

individual's use of cannabis is in violation of the employer's

drug-free workplace policy, zero-tolerance policy, or other

formal program or policy regulating the use of cannabis.

Sec. 3780.36. Limitations on conduct by individuals.

(A) Except as otherwise provided in this chapter and

notwithstanding any conflicting provision of the Revised Code,

an adult use consumer, may do the following:

(1) Use adult-use cannabis;

(2) Possess, transfer without remuneration to another adult

consumer or transport adult-use cannabis, subject to division

(B) of this section; and

(3) Purchase adult-use cannabis from an adult-use dispensary per

day in amounts that do not exceed the possession limits set

forth in division (B)(1) of this section.

(B) Except as otherwise provided in chapter Chapter 3796. of the

Revised Code:

(1) The amount of cannabis that may be possessed by an adult use

consumer shall not exceed:

(a) Two and one-half ounces of adult-use cannabis in any form

except adult use extract plant material, excluding any seeds,

live plants, or clones being cultivated, grown, or processed in

accordance with section 3780.29 of the Revised Code; and

(b) Fifteen grams of adult use cannabis in the form of adult use

extract.

(2) The amount of No person shall sell, give away, or otherwise

transfer adult use cannabis that may be transferred by an adult

use consumer without remuneration and not advertised or promoted

to the public shall not exceed:

Changed !! This document is also full of typos .

(a) Two and one-half ounces of adult use cannabis in any form

except adult use extract; and

(b) Fifteen grams of adult use cannabis in the form of adult use

extractto any other person except as expressly authorized

Changed basically saying people can only get flowers

pursuant to a license or registration issued by the division of

cannabis control under this chapter or Chapter 3796. of the

Revised Code.

(3) The amount of cannabis that may be transported by an adult

use consumer shall not exceed:

(a) Two and one-half ounces of adult use cannabis in any form

except adult use extract; and

Smoking, combustion, and vaporization

R.C. 3780.36(D)(2), 3780.99(J), 3796.06(B)(2), and

3796.99(A)(1)

Prohibits smoking, vaporization, or combustion of adultuse

cannabis in any place other than a private residence or

other privately-owned property with the consent of the property

owner. Specifically prohibits such activities in the following

places:

A public place or place of employment;

--A type A or type B family child care home;

--A residential premises occupied pursuant to a rental

agreement that prohibits such activities;

--A vehicle, streetcar, trackless trolley, bike,

watercraft, or aircraft.

Applies the same restrictions and associated penalties to

the vaporization of medical marijuana. Smoking and combustion of

medical marijuana are prohibited by continuing law.

Subjects the operator of a vehicle, streetcar, trackless

trolley, bike, watercraft, or aircraft to R.C. 1547.11

(watercraft OVI), 4511.19 (vehicle OVI), or 4561.15 (aircraft

OVI), as applicable, with respect to adult-use marijuana and

medical marijuana.

Subjects a passenger in a vehicle, streetcar, trackless

trolley, bike, watercraft, or aircraft who is smoking,

vaporizing, or using adult-use cannabis or vaporizing medical

marijuana to a first-degree misdemeanor.

If you are looking for anything good in this bill this is probably the only part we can say we are ok with.

Qualifying medical conditions

R.C. 3796.01(A)(6)

Adds all of the following to the list of "qualifying

medical conditions" which may be treated using medical

marijuana:

--Arthritis;

--Migraines;

--Autism spectrum disorder;

--Spasticity or chronic muscle spasms;

--Hospice care or terminal illness;

--Opioid use disorder;

--Any other equally debilitating condition for which a

the qualified physician recommends treatment.

This is a lot to process in a short amount of time I am sure I missed things but I wanted to get this information to you as soon as possible . Please share your thoughts and reactions below .