Ohio’s newly passed recreational marijuana program faces an uncertain future, caught between administrative rulemaking and political gridlock.

House Speaker Jason Stephens (R) is blocking legislative changes while his counterpart on the issue, Rep. Jamie Callender (R), predicts most adjustments will be implemented through administrative rules by this September.

Callender, the House’s lead negotiator on marijuana reform, anticipates the Ohio Department of Commerce’s proposed rules will address concerns raised by Gov. Mike DeWine and Senate President Matt Huffman, including prohibiting minor sales and banning marijuana advertising.

DeWine, speaking with reporters Monday, reiterated that he wants state lawmakers to pass legislation restricting sales of delta-8 products to minors. He also renewed his plea to lawmakers to immediately allow recreational marijuana sales at existing medical marijuana dispensaries, saying that such a step will prevent the growth of an illicit weed market while recreational retail licenses are being awarded.

“What we don’t want to do is see a big black market expand in the state of Ohio with absolutely no control when people don’t know what they’re buying,” DeWine said. “So again, we need the legislature to take action that way we cannot. Look if we could have done it by rule, we would’ve done it by rule, guarantee that.”

If the Ohio Department of Commerce puts marijuana administrative rules in place by Sept. 7, medical marijuana shops could start legally selling recreational weed about a week later. New recreational dispensaries might need until November and December to open their doors.

What's The Delay?

Several factors, noted Cleveland.com were contributing to the legislative impasse including the limited window. New laws take 90 days to take effect unless deemed an emergency, requiring an unlikely two-thirds majority in both chambers. Delaying passage beyond June jeopardizes the hoped-for September implementation.

Election year jitters, said Callender who acknowledged a desire to get the program up and running before more changes are made. He also suggested that upcoming elections could be causing the logjam.

Then there are the political tensions between Huffman and Stephens, which are making it harder for the two leaders to reach an agreement on marijuana.

"So, a lot of the issues that the governor, and the Senate in particular, were concerned with, I think, will end up addressed in these rules," Callender predicted.

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