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5/30/2024
Written by Mastamynd
Ohio Senate Bill 278 would make Home Growers Register with the Divison of Cannabis Control
Today the Ohio Senate introduced the Ohio Senate Bill 278 an amendment to the Ohio Issue 2 law that would require home growers to register with the state of Ohio Divison of Cannabis Control.
Oregon's OMMP also requires growers to register and comply with tracking and reporting requirements, similar to the proposed Ohio regulations under SB278.
I have highlighted the text related to this part of the proposed amendment to be clear this is not a law this is only a proposed amendment by the Ohio Senate.
"S. B. No. 278 Page 57 Sec. 3780.29.
Home Grow. (A) (A) Except as otherwise provided in this chapter, and notwithstanding any other provision of the Revised Code, the following acts by an adult use consumer are lawful: (1) (1) Cultivating, growing, and possessing not more than six cannabis plants at the individual's primary residence, if all of the following apply: (a) (a) Not more than twelve cannabis plants are cultivated or grown at a single residence where two or more individuals who are at least twenty-one years of age reside at any one time; and (b) (b) 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; (c) On and after ninety days after the effective date of this amendment, the adult use consumer files an affidavit with the division of cannabis control as specified in division (G) of this section. (2)
(2) Processing by manual or mechanical means adult use
1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583S. B. No. 278 Page 56 As Introduced cannabis cultivated or grown in accordance with this section; or (3)
(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.
(B) (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.
(C) This section does not authorize an individual to do any of the following: (
Cultivate, grow, or process adult-use cannabis except at the individual's primary residence; (2) (2) Permit individuals less than twenty-one years of age to use, cultivate, process, transfer, or transport adult-use cannabis;
(3) Process adult-use cannabis by hydrocarbon-based extraction; or
(4) Sell, or profit from, adult-use cannabis except as specifically authorized in this chapter.
(D) A landlord may prohibit conduct otherwise authorized under division (A) of this section so long as such prohibition is included in the applicable lease agreement.
(E) The division of cannabis control shall adopt rules setting forth a schedule of civil penalties that may be applied for violations of this section.
(F) If an individual cultivates or grows double the maximum number of cannabis plants permitted under division (A) 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610S. B. No. 278 Page 57
As Introduced of this section or transfers cannabis plants in violation of division (A)(3) of this section, division (F) of section 3780.99 of the Revised Code shall apply. (G)(1) Not later than ninety days after the effective date of this amendment, the division of cannabis control shall establish a process by which an adult use consumer that seeks to engage in the activities described under division (A)(1) of this section shall file an affidavit with the division. (2) The affidavit shall contain the consumer's full name, the address of the consumer's primary residence, and a statement affirming that the consumer will not engage in any activities prohibited under division (C) of this section. (3) Beginning ninety days after the effective date of this amendment, no person shall recklessly engage in the activities described under division (A)(1) of this section without first filing an affidavit as required by division (G) of this section. (4) The division of cannabis control shall revoke the affidavit of any adult use consumer who is convicted of or pleads guilty to three or more violations of this section. No adult-use consumer whose affidavit is revoked shall engage in the activities described in division (A)(1), (2), or (3) of this section. (5) An adult-use consumer whose affidavit is revoked under division (G)(4) of this section may appeal such revocation in the same manner described by section 119.12 of the Revised Code.
The Ohio House and Senate tried to come together last November with HB86 which did not get too far I am glad it did not pass but this new SB278 seems to carry some of the ideas from HB86 over.
After reading this I am sure you are upset I am too let's take action together by participating in the public comment process when it is announced I will be there just like last time. You can see my previous testimony here
There are many other things in this amendment that are not good I encourage you to grab a cup of coffee and start reading the entire bill for yourself here .click on SB278. I find the part about growing in the closet pretty crazy we are trying to come out of the closet not stay in it. Absent from this language was any mention of grow tents, which many home growers use to archive total darkness which is needed to get cannabis plants grown indoors to flower.
I want to know what you think about this amendment leave your comments below and please share this post with as many people as possible to help spread the word.
We passed the bill to regulate marijuana like alcohol so why are they constantly trying to take our voice away? Why even vote if they are going to cheat? I already drive 3 hours to Michigan because the card and prices here are too high, not to mention they make you feel like a criminal here for wanting relief without worrying about addiction, yet let’s keep selling liquor in our grocery stores. We aren’t stupid we know it’s really about control & $$$.
What's the big deal about it having to be grown where its inaccessible to people under 21? Ohioans have been brewing beer and wine in their kitchens for decades (since at least 1978). My father used to make wine and beer in the kitchen in our trailer when I was growing up.. They sell alcohol next to the milk, bread, and ice cream at the grocery store. There are state liquor stores inside our grocery stores next to the vegetables. I thought they wanted to make it like alcohol? Cannabis should be sold just like that... At the grocery store and we should be able to manufacture it in our kitchens or wherever we want inside our homes just like…
Not what we voted for we must. This must not pass.
This isn't what I voted for, nor is it right to expect medical patients to register with the state in order to grow for their own personal use. I can see if its somebody wanting to sell it or give it to other people but not for personal use. If adults can store their liquor on their kitchen counters, cabinets, and in their fridge, within access of people under 21, we should have the same ability to grow cannabis in general areas of our homes. They wanted to make it like alcohol right?
This is straight up BS. People literally voted AGAINST legalization the first time it was proposed in Ohio specifically because of these kinds of provisions. Back then, they were proposing that everyone with a home grow would have had to pay $50 to register with the government and not be allowed to sell it, all while giving only 10 companies permission to sell for profit. Issue 2 was proposed by the Coalition to Regulate Marijuana Like Alcohol yet there is no microbrewery equivalent. They are only adding "up to 40" new licenses - in a new tier - the smallest tier that exists. That would bring the total number of legal grow licenses to less than 1 for every county…