Senate Bill 56 – Changes to Ohio’s Recreational Marijuana Laws

On November 7, 2023, Ohio voters passed The Act to Control and Regulate Adult Use Cannabis, which legalized recreational marijuana for adults 21-years and older. The Act went into effect on December 7, 2023. The legal landscape for recreational marijuana in Ohio, however, shifted under Senate Bill 56 (“S.B. 56”), which took effect on March 20, 2026.

Here’s what you need to know about S.B. 56:

• No More Out-of-State Marijuana: It is now explicitly illegal to possess marijuana acquired outside of Ohio, even if it was legally purchased in another state (e.g. Michigan). All cannabis products must be acquired from an Ohio-licensed dispensaries or grown legally under Ohio’s home-grow rules.
• Possession Limits: Adults 21-years and older can possess up to 2.5 ounces of plant material and up to 15 grams of extract. If you go over those limits, you can be charged with wrongful possession of a controlled substance.
• Home Grow: Adults may possess up to 6 marijuana plants, with no more than 12 plants being grown per household. Any person who knowingly exceeds this limit by any number of plants can be charged with illegal cultivation of marijuana.
• Potency Caps: THC is capped at 70% for extracts (down from 90%) and 35% for plant material.
• Storing Marijuana: Marijuana products must be stored in their original packaging, even after they are opened.
• Transporting Marijuana in a Motor Vehicle: When transporting marijuana and/or marijuana-related paraphernalia in a motor vehicle, they must be in their original, unopened packaging. If the product and/or paraphernalia have been opened, they must be stored in the trunk of the motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat of the motor vehicle or in an area not normally occupied by the driver or passengers and not easily accessible by the driver. Violations are treated as a minor misdemeanor, punishable by up to a $150 fine.
• Passengers in Motor Vehicles: If a passenger consumes marijuana in a motor vehicle, that conduct becomes a Misdemeanor of the Third Degree when the driver is operating or in physical control of the motor vehicle.
• Public Use Ban: Smoking, combustion, and vaporization of marijuana are only allowed on privately owned property used primarily for residential/agricultural purposes; they are prohibited in a public place, halfway house, community transitional housing facility, and rental property where a lease forbids such activities. Violations are treated as a minor misdemeanor, punishable by up to a $150 fine.
• Intoxicating Hemp: Any product containing more than 0.4 mg of total THC per container is considered marijuana and is prohibited from being sold outside of a licensed dispensary.
• THC Beverages: THC-infused beverages are banned from being sold at bars and restaurants; they now can only be sold at Ohio-licensed dispensaries.
• Products that Attract Children: Marijuana products that share a likeness with fictional characters, real characters, animals, fruit, or images that might attract children are prohibited.
• Gifting: An adult may gift marijuana to another adult, but for it to be legal, the transfer must have no exchange of money, cannot be more than 2.5 ounces of plant material or 15 grams of extract to the same person on the same day, and must happen at a private property. If you gift/transfer outside these rules, you can be charged with trafficking in marijuana.
• Under 21: Distributing marijuana to a person under 21-years-old is a Misdemeanor of the First Degree and becomes a Felony of the Fifth Degree on a subsequent offense. Using false information or a fake/altered ID to purchase marijuana is a Misdemeanor of the First Degree with specified fine ranges and repeat offenses can include license suspensions. Soliciting another person to buy marijuana for you is a Misdemeanor of the Fourth Degree and becomes a Misdemeanor of the Second Degree if you have a prior conviction for the same offense.
• Employment: Employers can maintain zero-tolerance THC policies. Workers fired for violating a workplace marijuana policy are not eligible for unemployment benefits from the state.

In the end, while S.B. 56 does not end recreational marijuana in Ohio, the new law brings about changes that can lead to criminal charges if not followed.

If you have any questions or need help understanding Ohio’s recreational marijuana laws, contact the Tyack Law Firm by calling (614) 221-1342 or by using this online contact form to speak with an attorney.

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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.