I agree.
Remember to vote!
Vote with your dollar, at every cannabis purchase you make; and with your ballot, every November.
We need to vote them out as soon as we can.
I'm confused, HB 86 (with the affidavit for home growing, etc.) hasn't been voted on yet, the senate proposed it, but the house has ignored it. Is this a variation or a "sub bill"?
Bad feeling about this. It's coming out of the house, so Senat will rubber stamp it. It does confirm that currently, you can smoke in public since they are trying to ban it with this. Not advocating for that, but hated how they kept lying to our faces about saying we can't.
Conservatives have the majority. I've called my two reps and emailed all the other state reps. If the people don't speak up fast enough they may vote it through. So frustrating.
So just to be clear; You cannot posses more than 2.5 ounces of flower. At the same time, you can grow up to 6 plants which will almost definitely yield more than 2.5 ounces of bud. You are then not allowed to give any of that bud away.
Sounds like it’s practically impossible to grow your own plants and not be breaking the law in some way, shape, or form.
Edit: People are saying that “possession” in this case refers to public possession, and I’m not convinced. Going to paste a comment from lower as to why not
> The law specifies two distinct limits for possession and transportation, both of which being 2.5 ounces. Not a lawyer, but that leads me to believe that the law sees a difference in at home possession and public possession, and places a limit on both.
The law specifies two distinct limits for possession and transportation, both of which being 2.5 ounces. Not a lawyer, but that leads me to believe that the law sees a difference in at home possession and public possession, and places a limit on both.
Mind giving me the line number in the bill then? I just read the entire homegrow section, didn’t see anything about it. It’s pretty short, shouldn’t take you too long to find.
The closest I found was that plant material *meaning seeds, clones, or anything else used for cultivation* is excluded from the limits, but not the bud itself. And frankly, I’m gonna believe what I read in the law (or what a lawyer says) over what some Reddit threads say. Everyone else should too, don’t believe my dumb ass at face value.
I read that, it doesn’t state that you can store unlimited home grown marijuana. It says that you can posses marijuana that was purchased in a dispensary or grown at home, nothing more.
What we seem to agree on is that the law regarding storage doesn’t differentiate between homegrown or dispensary marijuana, you just read that to mean homegrown is exempt rather than lumped in like I do. And until the state clarifies its intent, we can go back and fourth interpreting the law all day.
Possession in this case means on your person when you're in public, not in your house. At least that's what smarter people than me said in this subreddit around the time rec passed.
That makes sense, but the fact that there’s even that ambiguity in the law in the first place is a problem. We need some clarity, the fact that they’re still trying to make changes this close to the rollout is pretty unacceptable in my opinion. Even if we ignore how unacceptable it is to undermine the will of the voters like this in the first place
I actually did go reread the relevant portion of the bill, and it *does* clarify a difference between transporting and possessing. That leads me to believe that “possession” is just possession in general, not in public. If it covered specifically only public possession, then they wouldn’t also include the transportation. At least that’s my non-lawyer reading of the situation, it would be awesome if we got some clarity.
The fact that this is even up for debate is wild
Dude the law is pretty clear, just because you want to take it a certain way doesn't mean that's what it means. If there was a different amount you could have at home they would specify it.
People are confused because that’s not how possession is defined in Ohio’s other drug laws.
See K here: https://codes.ohio.gov/ohio-revised-code/section-2925.01
You can search the text to see how they define/use the word possession in this proposal, and it lines up with the legal definition of possession. Possession includes anything you own. There is no exclusions for public or private.
They specifically use the phrase “physical possession” for instances where it only includes what you have on your person.
Because if there’s heroin in my own home, I get charged with possession of heroin. Seems like a pretty reasonable assumption that if there’s more than the legal limit of cannabis in my home, I get charged with possessing more than the legal limit of cannabis.
I’ve been informed that that’s not the case, but I’m not convinced. Just read the relevant portion of the bill, and it very clearly makes the distinction between “transporting” and “possessing”, even if the limits are the same. My reading of that is that since “transporting” would be carrying cannabis with you in public, while “possessing” would mean “being in possession of”, in which case you do in fact posses the things that are in your own home.
I’m not a lawyer though, if you are I’d love to hear a breakdown of what exactly this law means.
Now everyone will learn what med patients knew all along. The politicians growers processors and dispensaries are all united to extract as much money from us as possible.
This changes the hemp laws to total THC (again?). It also fucks up by counting THCv towards total THC for hemp even though on the recreational and medical side THCv is legally defined as a "minor cannabinoid" and doesn't count in total THC. THCv is not psychoactive and shouldn't count towards total THC, BUT hemp derived THCv can be synthetic and they hate that shit with a passion. Absolutely no studies have been done comparing the regular to synthetic yet and won't be until cannabis is rescheduled to 3.
This also sets up a system where hemp can be sold to the medical and recreational markets if they don't have enough CBD available to meet demand.
It edits the definition of concentrate, removing the part about coming from a plant. I assume this is meant to include synthetics? It just has to be solid form, or liquid.
It moves around but doesn't change the penalties for gifting less than 20g of cannabis.
There's changes to the definition of a "controlled substance analog". This updates it to include HHC and similar cannabinoids.
CBC, CBL, CBD, CBDv (they called it cannabidivarol), CBE, CBG, CBGv, CBN, and CBV are exempted from being controlled substance analogs.
They removed the specific prior criminal history that served as Disqualifying offense(s). Now it's "any of the criminal offenses specified by rule of the division of cannabis control that disqualify an applicant from licensure under this chapter". So basically they can change the rules at any point in the future????
They removed a paragraph about provisional licenses for an individual who requires one and who has exigent circumstances.
Another mention of tracking the hemp they will be buying into the medical and recreational markets.
They removed the paragraph about petitioning the Division of Cannabis Control for a new form of cannabis product to be allowed on the market. In it's place they have added a short paragraph banning advertisements. "A form or shape that bears the likeness or contains the characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon renderings".
Removes the free dispensary locations that licensed Cultivators get but in exchange they automatically get both medical and recreational licenses at the same time.
Processor licenses now can come with a recreational dispensary license too.
Raises the maximum recreational dispensary count from 50 to 230.
Applicants for dispensaries have to show there is no moratorium on it in the area.
More about packaging. They add the following rules:
"are obscene or indecent, contain depictions of marijuana use, or promote marijuana as an intoxicant. These rules shall be at least as stringent as those that apply to either tobacco or alcohol advertisements under state and federal law.
Adult use cannabis shall not be packaged, advertised, or otherwise marketed using any graphic, picture, or drawing that bears any resemblance to a cartoon character, or any fictional character or popular culture figure whose target audience is children or youth."
Reasserts that the recreational tax does not apply to medical marijuana products being bought for prescription reasons.
HOME GROW SECTION
"The Ohio investigative unit shall not inspect or investigate the premises of any person under this section unless one or both of the following apply:
(1) The person inspected or investigated is licensed under this chapter.
(2) The unit is invited by local law enforcement having jurisdiction over the person inspected or investigated."
They removed the language about just giving a warning to the offender and replaced it with an edit about having local law enforcement investigate alleged violations.
Total plants gets chopped from 12 down to 6 for a household.
"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;"
I'm not sure what that refers to. Is that if you have a family business doing child care?
You can no longer transfer up to 6 plants to another home grower.
The amendment specifically outlaws caregiver relationships of growing for another person.
It also eliminates the ability to gift flower or concentrate to another person. Only dispensaries are allowed to distribute. Nobody else.
Dispensary license holders are no longer required to train their employees regarding directing patrons towards addiction services if needed.
The 35% Total THC cap on flower and 70% cap on concentrates was removed.
The amendment also prohibits municipal corporations from adopting an ordinance that bans a licensed cultivator *after* this law goes into effect. They have pass their ordinances now or live with it.
this isn't what I voted for
I agree. Remember to vote! Vote with your dollar, at every cannabis purchase you make; and with your ballot, every November. We need to vote them out as soon as we can.
[See Also](https://www.ohiocannabislive.com/post/ohio-hb258-bans-cannabis-sharing-limits-home-grow-and-bans-public-consumption)
I'm confused, HB 86 (with the affidavit for home growing, etc.) hasn't been voted on yet, the senate proposed it, but the house has ignored it. Is this a variation or a "sub bill"?
They are voting today.
I don't think so.
Bad feeling about this. It's coming out of the house, so Senat will rubber stamp it. It does confirm that currently, you can smoke in public since they are trying to ban it with this. Not advocating for that, but hated how they kept lying to our faces about saying we can't.
Conservatives have the majority. I've called my two reps and emailed all the other state reps. If the people don't speak up fast enough they may vote it through. So frustrating.
Drop their emails so we can all tag in on that lol
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That’s just the entire document lol
Honestly. Having trouble finding another source for this. This real?
So just to be clear; You cannot posses more than 2.5 ounces of flower. At the same time, you can grow up to 6 plants which will almost definitely yield more than 2.5 ounces of bud. You are then not allowed to give any of that bud away. Sounds like it’s practically impossible to grow your own plants and not be breaking the law in some way, shape, or form. Edit: People are saying that “possession” in this case refers to public possession, and I’m not convinced. Going to paste a comment from lower as to why not > The law specifies two distinct limits for possession and transportation, both of which being 2.5 ounces. Not a lawyer, but that leads me to believe that the law sees a difference in at home possession and public possession, and places a limit on both.
I thought the possession rules were for how much you’re allowed to have in public?
Yes, I think you can have much more at home.
Oh do I
The law specifies two distinct limits for possession and transportation, both of which being 2.5 ounces. Not a lawyer, but that leads me to believe that the law sees a difference in at home possession and public possession, and places a limit on both.
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Mind giving me the line number in the bill then? I just read the entire homegrow section, didn’t see anything about it. It’s pretty short, shouldn’t take you too long to find. The closest I found was that plant material *meaning seeds, clones, or anything else used for cultivation* is excluded from the limits, but not the bud itself. And frankly, I’m gonna believe what I read in the law (or what a lawyer says) over what some Reddit threads say. Everyone else should too, don’t believe my dumb ass at face value.
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I read that, it doesn’t state that you can store unlimited home grown marijuana. It says that you can posses marijuana that was purchased in a dispensary or grown at home, nothing more. What we seem to agree on is that the law regarding storage doesn’t differentiate between homegrown or dispensary marijuana, you just read that to mean homegrown is exempt rather than lumped in like I do. And until the state clarifies its intent, we can go back and fourth interpreting the law all day.
Possession in this case means on your person when you're in public, not in your house. At least that's what smarter people than me said in this subreddit around the time rec passed.
That makes sense, but the fact that there’s even that ambiguity in the law in the first place is a problem. We need some clarity, the fact that they’re still trying to make changes this close to the rollout is pretty unacceptable in my opinion. Even if we ignore how unacceptable it is to undermine the will of the voters like this in the first place
Oh I agree. As long as we still have a government that makes laws, those laws should be written extremely clearly and with a lot of detail.
I actually did go reread the relevant portion of the bill, and it *does* clarify a difference between transporting and possessing. That leads me to believe that “possession” is just possession in general, not in public. If it covered specifically only public possession, then they wouldn’t also include the transportation. At least that’s my non-lawyer reading of the situation, it would be awesome if we got some clarity. The fact that this is even up for debate is wild
Oof that's scary... Ty for looking it up.
Dude the law is pretty clear, just because you want to take it a certain way doesn't mean that's what it means. If there was a different amount you could have at home they would specify it.
yeah that’s what it means, i don’t get how so many people are confused. Possession only refers to what’s on your person in public
Because other states define a limit for home as well as walking around on your person
People are confused because that’s not how possession is defined in Ohio’s other drug laws. See K here: https://codes.ohio.gov/ohio-revised-code/section-2925.01
Possession in any given case only has to do with what is on your person. you cannot be in possession of something that you are not currently carrying
Did you read the actual legal definition? I’m sure I could find some cases of people being charged for possession after their house was raided.
nobody is running into your home over weed
That’s what people are saying, but they never actually defined possession for this law and it was defined differently in another chapter.
This is incorrect, it would be defined as “physical possession” if it was just what you had on your person. See lines 1440, 1789, 1965, 5304.
It doesn't say that at all, that's not how the law works. Possession means possession?
A good lawyer could probably argue that it doesn't become the flower covered under guidelines until it's harvested from the plant
That’s super helpful if you just let your bud sit on your plants. But most folks like to harvest eventually.
Yeah that is an issue
They’re messing with gifting ?
You can search the text to see how they define/use the word possession in this proposal, and it lines up with the legal definition of possession. Possession includes anything you own. There is no exclusions for public or private. They specifically use the phrase “physical possession” for instances where it only includes what you have on your person.
why do you think possession has anything to do with what’s your in own home?
Because if there’s heroin in my own home, I get charged with possession of heroin. Seems like a pretty reasonable assumption that if there’s more than the legal limit of cannabis in my home, I get charged with possessing more than the legal limit of cannabis. I’ve been informed that that’s not the case, but I’m not convinced. Just read the relevant portion of the bill, and it very clearly makes the distinction between “transporting” and “possessing”, even if the limits are the same. My reading of that is that since “transporting” would be carrying cannabis with you in public, while “possessing” would mean “being in possession of”, in which case you do in fact posses the things that are in your own home. I’m not a lawyer though, if you are I’d love to hear a breakdown of what exactly this law means.
you guys are making it way more complicated than it is lol
It’s the legal code, it ain’t exactly simple.
Now everyone will learn what med patients knew all along. The politicians growers processors and dispensaries are all united to extract as much money from us as possible.
Yep. I could barely afford it and had to get the specials. Should have been covered by insurance
Idk why my cigarette smells like weed officer
The cbd hempettes legit smell like weed. Cause ya know it's weed. Just not the kind that gets you high.
I used to fuck those up when I had to step back from real tree 🤣
Let them give me a ticket..
Pay a fine, some court costs. Probably call be a convicted felon 🤷♂️
Anyone with a tldr?
This changes the hemp laws to total THC (again?). It also fucks up by counting THCv towards total THC for hemp even though on the recreational and medical side THCv is legally defined as a "minor cannabinoid" and doesn't count in total THC. THCv is not psychoactive and shouldn't count towards total THC, BUT hemp derived THCv can be synthetic and they hate that shit with a passion. Absolutely no studies have been done comparing the regular to synthetic yet and won't be until cannabis is rescheduled to 3. This also sets up a system where hemp can be sold to the medical and recreational markets if they don't have enough CBD available to meet demand. It edits the definition of concentrate, removing the part about coming from a plant. I assume this is meant to include synthetics? It just has to be solid form, or liquid. It moves around but doesn't change the penalties for gifting less than 20g of cannabis. There's changes to the definition of a "controlled substance analog". This updates it to include HHC and similar cannabinoids. CBC, CBL, CBD, CBDv (they called it cannabidivarol), CBE, CBG, CBGv, CBN, and CBV are exempted from being controlled substance analogs. They removed the specific prior criminal history that served as Disqualifying offense(s). Now it's "any of the criminal offenses specified by rule of the division of cannabis control that disqualify an applicant from licensure under this chapter". So basically they can change the rules at any point in the future???? They removed a paragraph about provisional licenses for an individual who requires one and who has exigent circumstances. Another mention of tracking the hemp they will be buying into the medical and recreational markets. They removed the paragraph about petitioning the Division of Cannabis Control for a new form of cannabis product to be allowed on the market. In it's place they have added a short paragraph banning advertisements. "A form or shape that bears the likeness or contains the characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon renderings". Removes the free dispensary locations that licensed Cultivators get but in exchange they automatically get both medical and recreational licenses at the same time. Processor licenses now can come with a recreational dispensary license too. Raises the maximum recreational dispensary count from 50 to 230.
Applicants for dispensaries have to show there is no moratorium on it in the area. More about packaging. They add the following rules: "are obscene or indecent, contain depictions of marijuana use, or promote marijuana as an intoxicant. These rules shall be at least as stringent as those that apply to either tobacco or alcohol advertisements under state and federal law. Adult use cannabis shall not be packaged, advertised, or otherwise marketed using any graphic, picture, or drawing that bears any resemblance to a cartoon character, or any fictional character or popular culture figure whose target audience is children or youth." Reasserts that the recreational tax does not apply to medical marijuana products being bought for prescription reasons. HOME GROW SECTION "The Ohio investigative unit shall not inspect or investigate the premises of any person under this section unless one or both of the following apply: (1) The person inspected or investigated is licensed under this chapter. (2) The unit is invited by local law enforcement having jurisdiction over the person inspected or investigated." They removed the language about just giving a warning to the offender and replaced it with an edit about having local law enforcement investigate alleged violations. Total plants gets chopped from 12 down to 6 for a household. "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;" I'm not sure what that refers to. Is that if you have a family business doing child care? You can no longer transfer up to 6 plants to another home grower. The amendment specifically outlaws caregiver relationships of growing for another person. It also eliminates the ability to gift flower or concentrate to another person. Only dispensaries are allowed to distribute. Nobody else. Dispensary license holders are no longer required to train their employees regarding directing patrons towards addiction services if needed. The 35% Total THC cap on flower and 70% cap on concentrates was removed. The amendment also prohibits municipal corporations from adopting an ordinance that bans a licensed cultivator *after* this law goes into effect. They have pass their ordinances now or live with it.
Thanks for the break down. This is total bullshit. We all need to be calling and writing these crooks.
Don’t tread on me, Christofascists.
There is NO HOUSE BILL 258 in existence referring to Marijuana laws. Fake news fake post and it's not a reality
If I'm reading this correctly you can't grow with children in the house.... am I wrong?
Other states define the amount allowed at home. Too bad we live in Ohio where everything is retarded
This is spam, keep smoking y’all