ohio marijuana law

The first concern for every marijuana consumer in the U.S is the issue of legality. But is the Buckeye state any different? Is marijuana legal in Ohio?

Elevate Holistics provides reliable and up-to-date cannabis information, so you can count on us to provide all the answers you need. Let’s get started.

Only 13 states have not legalized medical marijuana. Fortunately, Ohio is not one of them.

On June 8th, 2016, Governor John Kasich signed House Bill 523, which made Ohio the 25th state to legalize medical marijuana. 

House Bill 523 created the state’s Medical Marijuana Control Program, allowing qualified patients to purchase and use medical marijuana after they have obtained a physician recommendation from a qualified marijuana doctor in Ohio.

On the one hand, the Department of Commerce is in charge of licensing and regulating medical marijuana cultivators, processors, and testing laboratories.

On the other hand, the Board of Pharmacy is in charge of licensing dispensaries and the patient and caregiver registry.

In addition, the Medical Board is in charge of the list of qualifying conditions and certifying Ohio marijuana doctors. 

It took a while for the Ohio marijuana program to take off, but it is now up and running. According to the Ohio Medical Marijuana Control Program, there are 293,579 registered patients and 30,676 caregivers as of July 31st, 2022.

As of August 8th, 2022, the state has recorded $963.9 million in product sales.

No, recreational marijuana in Ohio is illegal, but that could change.

Public attitude towards recreational marijuana is shifting towards legalization, and going by historical precedent in other states, that’s a good sign.

A poll by Emerson College showed that 50.4% of Ohio voters support recreational marijuana.

However, despite unequivocal public support for recreational marijuana in Ohio, Senate President Matt Huffman says he is not in favor of it, won’t vote for it, and will not support it.

In addition, state governor Mike DeWine has long expressed opposition to recreational marijuana. Neighboring Illinois and Michigan have legalized recreational marijuana, but that hasn’t changed the governor’s stance. He believes that, by legislation, saying marijuana for adults is just ok would be a mistake.

Given executive opposition to recreational marijuana in Ohio, all hope may appear lost, but that’s not the case.

Residents, activists, and advocacy groups have taken matters into their own hands and are working to bring recreational marijuana to Ohio via ballot initiatives.

Recreational Marijuana Ballot Initiative on Track for 2023

The Coalition to Regulate Marijuana like Alcohol was at the forefront of a plan to put the recreational marijuana question on the ballot for the November 2022 elections.

However, they postponed that plan to 2023 following a suit filed against Ohio state officials and a subsequent settlement. 

Under the terms of the settlement, the coalition will postpone its initiative to 2023. In return, the over 140,000 signatures they collected will remain valid in 2023 instead of garnering signatures all over again.

Tom Haren, a spokesperson for the coalition, said the terms of the settlement guarantee the validity of the signatures they gathered. This gives them a much clearer path if they have to get to the ballot next year.

Marijuana Decriminalization in Ohio

While lawmakers stall and drag their feet on recreational marijuana in Ohio, local reform efforts are already underway.

Usually, local decriminalization measures reduce the penalty for low-level cannabis possession from a misdemeanor punishable by jail time and a fine to the “lowest penalty allowed by state law.” More than 20 cities have decriminalized possession of small amounts of marijuana.

Ohioans are ready to put the prohibition era behind them and embrace marijuana reforms.

Arresting people and throwing them in jail has proven ineffective and led to racial discrimination. More so, given public sentiments towards Ohio recreational weed and the push for legalization, legalization may happen sooner rather than later.

We’ve written more about Ohio recreational marijuana, including past legalization efforts and outlook here

While we wait for recreational marijuana in Ohio, residents can cross the border to neighboring states like Illinois and Michigan, where recreational marijuana is legal for anyone aged 21 and above.

However, make sure you don’t bring any cannabis back because you’ll be liable for two offenses. First, even though it’s legal in neighboring states, you’ve committed an offense when you bring it into Ohio, where it is illegal. Second, it is illegal to transport marijuana across state lines; it’s a federal offense.

The marijuana possession limit defines the Ohio THC limit.

Registered patients can possess up to a 90-day supply. This 90-day limit works out to:

  • Eight ounces of tier 1 cannabis
  • Five and three-tenths ounces of Tier 2 cannabis
  • Twenty-six and fifty-five-hundredths grams of THC content in transdermal patches and other topicals
  • Nine and nine-tenths grams of THC content in oils, tinctures, capsules, or edibles
  • Fifty-three and one-tenths grams of THC content in vaporizable cannabis

These figures may sound confusing, but that shouldn’t bother you because dispensaries know how much marijuana they can sell to you and will help you understand the limits.

Ohio Marijuana Laws

What are the Ohio marijuana laws, and why do they matter? Red says stop; green says go. To safely buy and use marijuana in Ohio without breaking the law, you must know the reds and greens.

Knowledge of the law will help you avoid weed charges in Ohio. We’ve discussed some of the Ohio marijuana laws below, but you can find more of them here.

Who Qualifies for Medical Marijuana in Ohio?

Ohio residents with a qualifying condition and a physician recommendation can apply for a medical marijuana card. There’s no minimum age limit, but minors aged 18 and below must have a caregiver.

You can read all about the Ohio caregiver process here

What are the Qualifying Conditions for Medical Marijuana in Ohio?

Ohio qualifying conditions include:

The State Medical Board reviews the list of qualifying conditions each year, and you can petition them to add a condition to the list.

According to Ohio marijuana law, registered patients and caregivers are protected from arrest, prosecution, and discrimination. Also, patients are free from discrimination in social or public services like organ transplants or housing.

Let’s say you have a valid medical marijuana card, but your workplace has a drug-free policy, can your employer fire you for using marijuana? The state does not require employers to accommodate marijuana use on their premises, so if there’s a drug-free policy at your workplace, it’s best to adhere to it. 

In addition, your Ohio marijuana card does not protect you from DUI prosecution; driving under the influence of marijuana is illegal even if you’re a registered patient. Police can cite you for DUI if they believe you’re impaired or if the marijuana in your system is over the legal limit.

A first DUI offense is a first-degree misdemeanor punishable by a minimum of 3 days consecutive imprisonment; a maximum of 6 months imprisonment. The alternative punishment is attendance in a driver’s intervention program for 3 days and a $375 minimum fine.

Can I Get Health Insurance for Medical Marijuana?

The state does not require government medical programs and private health insurers to cover the costs of marijuana use. For more information and clarity, speak with your insurer.

This marijuana law is important because the state does not allow the most common forms of marijuana consumption – vaping and smoking. That’s right: in Ohio, you cannot vape or smoke dried cannabis flower.

You can get medical marijuana in patches, oils, tinctures, edibles, creams, flowers, and lotions.

Does Ohio Have Marijuana Reciprocity?

No, Ohio does not currently recognize MMJ cards from other states. However, Ohio marijuana law requires the Board of Pharmacy to negotiate reciprocity with other states, so the law could change to allow reciprocity.

Since medical marijuana is legal, can you grow weed in Ohio?

Registered patients cannot grow marijuana at home; you can only buy it from licensed dispensaries. Only licensed cultivators can grow marijuana in Ohio; you risk jail time and heavy fines if you grow marijuana without a license.

The penalty for growing weed in Ohio depends on the amount you grow. If you grow less than 100grams of marijuana, the fine is $150, and the severity of the punishment gets tougher as the amount increases.

Cannabis laws are usually evolving, and Ohio may allow home cultivation in the future.

Ohio Cultivation License Level 1

Cultivators with a Level 1 license can cultivate up to 25,000 square feet of marijuana.

Ohio Cultivation License Level 2

Cultivators with a Level 2 license can cultivate up to 3,000 square feet of marijuana.

The first step to medical marijuana treatment is getting your Ohio MMJ card. This process is easy, but you need expert guidance to get it right. But, that’s why we’re here.

With Elevate Holistics, you can get your Ohio medical marijuana card in three simple steps, all from the comfort of your home. By booking an appointment with us, you will have an online appointment with an MMJ doctor who will work with you toward getting your medical card recommendation in under an hour.

And, once you’ve been approved, we can help you with the state registration process, too. We really do make it that simple.

Making mistakes during your application process can hinder getting your card. Hence, we’ve explained everything you need to know about where and how to get an Ohio medical marijuana card here.

Elevate Holistics is Here to Help

Legal and regulatory intricacies dot the marijuana landscape. That’s exactly why you need an expert to help you make sense of it all and guide you towards satisfactory choices.

At Elevate Holistics, we put our clients at the center of everything we do and provide the best cannabis service. We can help you set up an appointment with a qualified marijuana doctor who will be happy to evaluate you and answer your questions. 

Don’t wait to medicate. Click here to get your Ohio MMJ card 100% online, 100% hassle-free.