{"id":375676,"date":"2016-03-31T21:36:20","date_gmt":"2016-04-01T02:36:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/ohio-law\/ohio-marijuana-laws.html"},"modified":"2024-09-13T16:29:15","modified_gmt":"2024-09-13T21:29:15","slug":"ohio-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/ohio-law\/ohio-marijuana-laws.html","title":{"rendered":"Ohio Marijuana Laws"},"content":{"rendered":"\n
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Ohio Marijuana Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It took a while, but Ohio voters got their wish in 2023 with the passage of Issue 2. This ballot measure called for the legalization of recreational marijuana via an initiated statute<\/a>. The campaign to pass Issue 2 was a project of the Coalition to Regulate Marijuana Like Alcohol.<\/p>\r\n

Voters agreed with the proposed statute, approving it with 57%of the vote. This made Ohio the 24th American state to legalize marijuana for adult use. Recreational marijuana will join medical marijuana, which has been legal in Ohio since House Bill 253 (HB 253)<\/a> in 2016.<\/p>\r\n

As an initiated statute, the Ohio General Assembly has the authority to occasionally amend the provisions approved in Issue 2. Republican lawmakers in Columbus control the Ohio House and the Ohio Senate. Many lawmakers opposed Issue 2 before and after the election.<\/p>\r\n

After the passage of Issue 2, senate Republicans quickly proposed changes to the new law to add restrictions. House Republicans agreed on some changes and passed House Bill 86 (H.B. 86)<\/a>. Ohio Gov. Mike DeWine, an opponent of Issue 2, also proposed modification to the law. Legislative proposals<\/a> to further "clean up" any confusion over marijuana laws have stalled for now.<\/p>\r\n

Ohioans may find some bumps on the way to legal adult-use recreational marijuana. But legislative opponents have failed to stop it. Although recreational sales began on Aug. 6, 2024, dispensaries can’t yet sell seeds or plants for home cultivation.<\/p>\r\n

State laws often call marijuana cannabis<\/a>, as marijuana comes from the cannabis plant. While both forms of cannabis are legal, there are still limits and punishments for violating Ohio law.<\/p>\r\n

This article will delve into Ohio marijuana laws, examine the differences between medical cannabis and adult-use recreational marijuana, and make you aware of the limits you need to know. It will help you better grasp marijuana laws in the Buckeye State.<\/p>\r\n

What You Need to Know: Ohio Marijuana Laws<\/h2>\r\n

Remember that federal law supersedes state law. As of August 2024, cannabis is still a Schedule I drug<\/a> in the Controlled Substance Acts (CSA)<\/a>. This means it’s not legal to have or use marijuana on federal lands such as military bases, federal courtrooms, and national parks. While change seems imminent<\/a>, nothing has happened yet.<\/p>\r\n

The state created the Ohio Medical Marijuana Control Program<\/a> (MMCP) in 2016 for medical marijuana patients. The Division of Cannabis Control (DCC)<\/a>, a part of the Ohio Department of Commerce, oversees it. The DCC will also manage adult-use recreational cannabis. The State Medical Board of Ohio certifies physicians for Certify-To-Recommend status<\/a> and approves qualifying conditions for the MMCP.<\/p>\r\n

Public use of marijuana remains illegal in Ohio, as is using while a passenger in a motor vehicle. Smoking marijuana anywhere that also bans smoking is illegal. These violations are minor misdemeanors with a fine of up to $150. They do not go on your criminal record. It’s hoped that the general assembly will pass a final recreational use bill that includes expungement for minor possession convictions.<\/p>\r\n

Only adults 21 and older can engage in recreational use of marijuana. The personal possession limit for recreational use is 2.5 oz.\/70g of marijuana, which is also the limit recreational users can purchase at one time. Illegal possession for amounts over the limit ranges from misdemeanors to felonies.<\/p>\r\n

Municipalities can’t ban recreational cannabis use, but they can limit or prohibit dispensaries. After the passage of H.B. 86, over 100 municipalities declared moratoria on allowing recreational dispensaries, but most are temporary to allow the state of Ohio to finalize rules.<\/p>\r\n

Landlords that ban tobacco smoking in their buildings can ban cannabis smoking as well. Employers are still allowed to enforce a drug-free workplace.<\/p>\r\n

Adults who are 21 and older may cultivate, process, and use the product with up to six cannabis plants at their homes. If there are two or more adults in the same house, the limit is 12 cannabis plants. All marijuana plants must be in a locked enclosure, not visible to the public, and inaccessible to children and pets.<\/p>\r\n

Now that you’ve got a firm grip on the basics of Ohio marijuana laws let’s take a look at the two different types available: adult-use recreational and medical marijuana.<\/p>\r\n

Ohio Recreational Use Marijuana Laws<\/h3>\r\n

As of August 2024, the Ohio house and senate are still hammering out details on the implementation of adult-use cannabis. Expecting the licensing of adult-use dispensaries to take some time, the DCC has allowed existing medical marijuana dispensaries to begin selling recreational marijuana.<\/p>\r\n

Recreational users will be allowed to buy up to the possession amount of 2.5 oz.\/70g of usable cannabis or the equivalent in THC (tetrahydrocannabinol)<\/a>-infused cannabis products that include:<\/p>\r\n