On November 7, 2023, Ohio voters passed Issue 2, legalizing possession and use of marijuana for individuals 21 and older, authorizing state-licensed dispensaries for sales, and establishing the Division of Cannabis Control within the Ohio Department of Commerce.
Key Legal Updates:
Effective Date of the Statute:
- The law became effective on December 7, 2023, which is 30 days post-election.
Legislative Amendments:
- The state legislature may revise the law, potentially affecting timelines for rulemaking, licensing, and sales of non-medical cannabis.
Purchase and Availability:
Availability for Purchase:
- Initially, non-medical marijuana won’t be available in dispensaries. Only registered patients or caregivers in the Ohio Medical Marijuana Control Program (MMCP) can access medical marijuana dispensaries.
- There are currently no licensed entities to sell non-medical cannabis in Ohio. Sales before the issuance of adult-use licenses could lead to criminal penalties.
Licensing and Rules:
Rule Establishment Timeline:
- The Division of Cannabis Control is tasked with adopting rules for the non-medical program within nine months from the statute’s effective date.
License Application Process:
- The Division will issue 40 level III cultivator licenses and 50 dispensary licenses, favoring participants in the Cannabis Social Equity and Jobs Program.
- Initially, other licensing applications won’t be publicly available. After 24 months from the first non-medical cannabis operator license issuance, the Division will review and possibly authorize additional licenses.
How to get a Medical Marijuanas Card in Ohio
Waiting for recreational? Apply or renew your Ohio medical marijuana card today!
Ohio Medical Marijuana Program:
Continuation of MMCP:
- The Medical Marijuana Control Program remains in effect, overseen by the Division of Cannabis Control.
- MMCP patients and caregivers should maintain active status, even after non-medical cannabis sales commence, to ensure medical guidance and tax exemption on medical marijuana purchases.
Taxation and Legal Restrictions:
Taxation of Non-Medical Cannabis:
- Non-medical cannabis sales are subject to state and local sales taxes, plus a 10% excise tax, supporting social equity programs, mental health services, local governments, and administrative costs.
Age Restrictions:
- Only individuals aged 21 and over are legally permitted to purchase, possess, grow, or use non-medical marijuana.
Cross-State Purchases and Travel:
- Federal laws prohibit the interstate transport of marijuana, including purchases from other states.
Ohio Issue 2 Home Grow – Personal Cultivation and Use:
Home Cultivation:
- Adults 21+ can grow marijuana at home, with restrictions like secure, concealed growing areas and a limit of 6 plants per individual (12 per household for multiple adults).
- Homegrown cannabis can be processed manually or mechanically, but hydrocarbon extraction is banned.
- Transferring up to 6 plants without payment is allowed, but commercial transactions and public advertising are prohibited.
Possession Limits:
- Non-medical consumers are allowed to possess up to 15 grams of extract and 2.5 ounces of other cannabis forms.
Permitted Cannabis Forms in Dispensaries:
- Dispensaries can sell various forms, including plant material, seeds, clones, extracts, edibles, patches, smoking products, and more.
Public Use and DUI Laws:
Public Consumption:
- Consuming non-medical cannabis in public is a minor misdemeanor, with smoking laws also applying to marijuana.
Cannabis and Driving:
- Operating any vehicle or transport mode under the influence of cannabis is illegal. Consuming cannabis while in a vehicle is also prohibited.
Employment and Cannabis:
Employer Policies:
- Employers can enforce policies against cannabis use, possession, or distribution, including firing or refusing to hire individuals violating these policies.
- Cannabis use can be grounds for just cause in unemployment compensation cases, particularly if it violates an employer’s drug policy.
For specific workplace policies, firearms laws, and personalized legal advice, individuals are advised to consult employers or legal advisors.
Ohio Bloom Dispensaries:
Ohio boasts a selection of top-notch medical dispensaries, and Bloom proudly operates in 5 convenient locations across the state. If you’re seeking high-quality medical marijuana, choose a city near you and visit us at Bloom. We look forward to serving you soon!