Ohio Marijuana Laws

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. The campaign to pass Issue 2 was a project of the Coalition to Regulate Marijuana Like Alcohol.

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) in 2016.

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.

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). Ohio Gov. Mike DeWine, an opponent of Issue 2, also proposed modification to the law. Legislative proposals to further "clean up" any confusion over marijuana laws have stalled for now.

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.

State laws often call marijuana cannabis, as marijuana comes from the cannabis plant. While both forms of cannabis are legal, there are still limits and punishments for violating Ohio law.

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.

What You Need to Know: Ohio Marijuana Laws

Remember that federal law supersedes state law. As of August 2024, cannabis is still a Schedule I drug in the Controlled Substance Acts (CSA). 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, nothing has happened yet.

The state created the Ohio Medical Marijuana Control Program (MMCP) in 2016 for medical marijuana patients. The Division of Cannabis Control (DCC), 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 and approves qualifying conditions for the MMCP.

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.

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.

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.

Landlords that ban tobacco smoking in their buildings can ban cannabis smoking as well. Employers are still allowed to enforce a drug-free workplace.

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.

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.

Ohio Recreational Use Marijuana Laws

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.

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)-infused cannabis products that include:

• Edibles
• Tinctures
• Extracts
• Beverages
• Drops
• Vaping products
• Lozenges
• Oils
• Patches
• Pills
• Capsules
• Suppositories
• Oral pouches, strips, and sprays
• Lotions or similar cosmetic products
• Inhalers

There will be THC content limits of no less than 35% on cannabis flower and no less than 90% on extracts. Yet, there is a dispute over the specific interpretation of this part of the statute.

Retail recreational purchases are subject to a 10% excise tax besides the 5.75% state sales tax and a local tax of up to 2.25%. Some 36% of the excise tax proceeds will support the Social Equity and Jobs Fund, which will encourage cannabis entrepreneurship from communities that were the worst affected by prior cannabis laws. Another 25% of those proceeds will go to addiction and treatment areas.

Ohio Medical Use Marijuana Laws

To be eligible to join the Ohio Medical Marijuana Program, qualified patients must first meet with a physician who has Certified-To-Recommend (CTR) certification. The doctor must certify that you suffer from one or more of the qualifying medical conditions:

• Multiple sclerosis (M.S.)
• Cancer
• HIV/AIDS
• Amyotrophic lateral sclerosis (ALS)
• Crohn's disease
• Alzheimer's disease
• Chronic traumatic encephalopathy
• Huntington's disease
• Hepatitis C
• Post-traumatic stress disorder (PTSD)
• Glaucoma
• Fibromyalgia
• Terminal illness
• Epilepsy
• Sickle cell anemia
• Inflammatory Bowel Disease
• Tourette's syndrome
• Seizures
• Spinal cord disease or injury
• Ulcerative colitis
• Traumatic brain injury
• Parkinson's disease
• Chronic, severe, or intractable pain
• Cachexia
• Spasticity

If you don't see your condition here or aren't sure, speak to your physician or contact the DCC.

Once you have your recommendation, register online with the OMCCP. The general fee for a medical marijuana card is $50.

The Medical Marijuana Program divides the year into four 90-day periods, which are then divided again into two 45-day periods (eight 45-day periods per year). Medical marijuana patients can have up to a 90-day supply but can only buy a 45-day supply during a 45-day period.

A 90-day supply is any of the following or a combination that stays below the limit:

• 9 oz./254.7g of cannabis flower
• 0.35 oz./9.9g of THC-infused edibles, tinctures, concentrates, and oils
• 0.937 oz./26.55g of THC-infused topicals
• 1.87 oz./53.1g of vaping oil

Since you can only buy 45 days' worth during a 45-day period, these would be your purchase limits:

• 4.5 oz./127.35g of cannabis flower
• 0.175 oz./4.96g of THC-infused edibles, tinctures, concentrates, and oils
• 0.468 oz./13.275g of THC-infused topicals
• 0.937 oz./26.55g of vaping oil

Any amount under the 45-day period limit not purchased does not roll over to the next period. The OMMCP provides a fill period calculator to help you figure out what you can buy.

Patients with a terminal illness can get another five days' worth of cannabis during each 45 days. THC amounts have no cap for medical cannabis patients. Medical marijuana patients do not have to pay the 10% cannabis excise tax on their purchases, but the 5.75% state sales tax and any local taxes apply.

Ohio Marijuana Law Penalties

When operating a motor vehicle, marijuana impairment has the same penalties as a DUI involving alcohol, including a driver's license suspension. Keep in mind that legalized marijuana doesn't mean everything about it is decriminalized.

The table below recaps what you've learned above and combines it with a summary of marijuana offenses and penalties.

Note: State laws are subject to change through the passage of new legislation rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an Ohio criminal defense attorney or conduct independent legal research to verify Ohio state laws.

Ohio Marijuana Laws: Related Resources

• Ohio Law
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.
• Ohio Medical Marijuana Dispensary Locator
• Medical Marijuana Laws by State
• Cannabis Law Section

Ohio Marijuana Charges? Speak With an Attorney

It can be difficult to keep up with the changes in Ohio's marijuana laws. While you can buy recreational cannabis now from Cleveland to Cincinnati, there are still many ways to find yourself in trouble with a marijuana charge. Given the severity of the penalties for conduct outside the new law, you must be careful. Possession of marijuana in the wrong amount can result in misdemeanor charges or worse.

If you face marijuana-related charges, consider speaking with an Ohio defense attorney. They can offer legal advice and represent you if necessary.