Marijuana is legal for adults and is taxed and regulated similarly to alcohol; state also has a medical marijuana law
Updates
Last update: December 08, 2023
Ohio becomes the 24th legalization state!!
On November 7, 2023, 57% of Ohio voters approved Issue 2, legalizing cannabis for adults. More than half of Americans now live in a legal cannabis state!
The new law took effect on December 7. Adults 21 and older can now possess up to 2.5 ounces of cannabis and securely grow up to six plants. You can check out our summary for more details about the new law.
Unfortunately, advocates immediately needed to play defense. Ohio law allows the legislature to revise — or even repeal — voter-enacted statutes like Issue 2 with a simple majority. The Senate proposed replacing a House-passed bill (HB 86) with an evisceration of the voter-approved law, including removing home cultivation, slashing possession limits, removing social equity provisions, and more than doubling taxes.
Thousands of outraged Ohioans pushed back, and the House made it clear it would not go play ball with abandoning the will of the people. On December 6, the Senate significantly revised and passed its bill. The revised version of HB 86 walks back the gutting of home cultivation and possession limits and includes two positive changes — limited expungement and earlier adult-use sales. You can check out our summary.
But the Senate-passed law still ramps up criminalization, increases taxes, caps extracts at 50%, bans vaping or smoking cannabis anywhere except some homes, eliminates social equity, prohibits sharing, and does away with non-discrimination protections for child custody, organ transplants, and benefits. It now heads to the House, which returns to session on December 13.
Meanwhile, the House is considering its own cannabis bill, HB 354, at a more deliberative pace. Its sponsor — Rep. Jamie Callender — has been a champion of legalization. HB 354 is far closer to Issue 2 than the Senate's opening salvo. But it, too, increases taxes and bans sharing. (Our summary is available here.) Rep. Callender has made it clear the bill is just a start and may be revised based on feedback.
MPP was proud to be the #1 donor to the initiative campaign, but we need to replenish our coffers to help defend the law. Please also chip in to our Ohio Legalization Defense Fund.
Medical Cannabis and Decriminalization in Ohio
In 2015-2016, MPP and our allies mobilized to put medical cannabis on the ballot. In response, state lawmakers passed a law to establish a medical cannabis program for Ohioans in 2016. As of September 2023, the program is serving over 180,000 registered patients throughout the state. For more information on Ohio’s medical marijuana program and access to patient forms and other resources, visit Ohio’s Medical Marijuana Control Program’s website. And, for an overview of the current medical marijuana law, see this summary.
Ohio also has one of the oldest “decriminalization” laws on the books, dating back to 1975. While cannabis is now legal for adults, the “decrim” penalties continue to apply to those under 21. For minors, possessing less than 100 grams (or about 3.5 ounces), giving 20 grams or less of marijuana to another person, or growing less than 100 grams of marijuana are each considered “minor misdemeanors,” punishable by a maximum fine of $150. A minor misdemeanor is not a “jailable” offense, but a person’s driver’s license can be suspended for a period ranging from six months to five years.
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