On November 7, 2023, Ohio voters passed a ballot initiative—Issue 2 (The Act to Control and Regulate Adult Use Cannabis)—that legalized recreational cannabis for adults 21-years and older.
The Act went into effect on December 7, 2023. Ohioans 21-years and older are now legally allowed to possess and/or consume cannabis under certain circumstances. Specifically:
- Ohioans 21 years and older may consume or possess 2.5 ounces of cannabis in any form except extract and 15 grams of extract;
- Ohioans 21 years and older may purchase 2.5 ounces of cannabis from a dispensary per day; and
- Ohioans 21 years and older may grow up to 6 plants for personal use, with a limit of 12 plants per residence where 2 or more adult-use consumers reside at one time.
There are no limitations on how Ohioans 21-years and older may consume marijuana. For example, individuals may smoke, vape, and/or consume edibles under the new law.
The following remains illegal in Ohio:
- Ohioans younger than 21-years-old cannot lawfully possess or consume recreational marijuana;
- Ohioans may not gift or sell marijuana to any individual under the age of 21-years-old;
- Ohioans may not purchase marijuana outside of a licensed dispensary;
- Individuals/businesses may not sell marijuana without an appropriate license;
- Public consumption of marijuana is prohibited;
- Individuals are prohibited from operating a vehicle under the influence of marijuana; and
- Individuals are prohibited from purchasing marijuana in other states, such as Michigan, and bringing the product to Ohio.
Additionally, it is important to note the following:
- Possession and distribution of marijuana is still prohibited by federal law;
- Financial transactions regarding marijuana purchases can potentially run afoul federal money laundering statutes;
- Employers are allowed to have work-place policies prohibiting marijuana consumption;
- Landlords are allowed to prohibit consumption and possession of marijuana on their properties; and
- Local municipalities may adopt ordinances to prohibit adult use dispensaries.
Finally, medical marijuana cardholders will continue to be able to purchase their medication through licensed medical marijuana dispensaries. If you have any questions or need help understanding Ohio recreational marijuana law, contact the Tyack Law Firm by calling (614) 221-1342 or by using this online contact form to speak with an attorney.
Posted on June 27, 2024.
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Disclaimer: The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the Tyack Law Firm Co., L.P.A., or the individual author, nor is it intended to be a substitute for legal counsel or representation on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, county, or other appropriate licensing jurisdiction.
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