Can I buy Marijuana in Ohio Legally?
Yes! As of August 6, 2024, Ohioans across the state are now able to buy recreational marijuana. After the passage of Issue 2 in November 2023, the state legislature made Ohio the 23rd state to legalize marijuana. However, since November, not a single dispensary or facility had opened because of back and forth arguing and legislating on how exactly marijuana could be sold (and who gets the profit). But after 9 long months, adults 21 and over are now allowed to purchase recreational marijuana and dispensaries can open.
How much marijuana can I buy in Ohio?
It depends. While marijuana is legal for recreational use, you cannot buy an unlimited amount like you can with beer or liquor. There are set limits on how much you can buy in one transaction. An Ohio consumer can purchase no more than the following marijuana amounts:
- One (1) ounce of dried plant material, called “flower.”
- Ten (10) units of oil to vape – with each unit containing 590mg of THC.
- Ten (10) packages of edibles totaling no more than 1,100mg of THC.
- It should be noted as well that a consumer cannot buy the maximum amount of flower, vape, and edibles at one time*
A word of caution from our criminal defense team – just because marijuana is now legal does not mean that you can possess an unlimited amount. Marijuana and alcohol are different in this way. For example, you can go to the store and buy 10+ cases of beer or 5+ bottles of liquor. Marijuana is not like that. You can still be charged with drug trafficking under Ohio Revised Code §2925.03 if the amount is too large and law enforcement suspects you of dealing drugs. Drug trafficking can be a serious felony offense, even leading to up to 10 years in prison. Currently, an individual can possess up to 2.5 ounces of cannabis and 15 grams of extracts or edibles at a time. These limits should be considered so that you are not in danger of being charged with a crime.
What do I need to bring to a dispensary?
If you wish to enter and purchase marijuana from a dispensary, you will be required to present a government-issued ID. This may include a valid driver’s license, valid state identification card, or a valid United States passport. You should also be aware that most dispensaries are currently cash only. Be prepared and bring cash with you as many facilities will not process your credit or debit card.
Can my employer prohibit me from using marijuana even though it’s legal?
Yes. To date, employers are allowed to prohibit consumption and possession of marijuana on their properties and enact policies prohibiting marijuana consumption altogether. While Issue 2 and the new marijuana laws permit marijuana sales and consumption, they do not provide any protection for consumers against adverse employer consequences. Employers will not be required to permit an employee’s cannabis use, and they are free to continue to enforce drug testing policies and a drug-free workplace. Make sure you are aware of your job’s marijuana guidelines and ask your supervisor or HR representative before consuming marijuana.
Can I still be charged with OVI for marijuana?
Yes. Like alcohol, which is also legal for persons over 21, an individual can still be charged with OVI if they are under the influence of marijuana while they are behind the wheel. Under Ohio Revised Code §4511.19, if an individual consumes any amount of marijuana and it impacts their ability to operate a motor vehicle then that person could be charged under Oho Revised Code §4511.19(A)(1)(a). Like the alcohol limit of .08, if a person has greater than or equal to 35ng of marijuana metabolite in their urine or greater than or equal to 50ng in their blood, they are over the limit and presumed to be unable to operate a vehicle. See Ohio Revised Code §4511(A)(1)(j)(viii)(II).
It should be noted that the current Ohio test for marijuana does not test for THC, which is the substance that makes a person “high.” Instead, Ohio tests for the metabolites that linger in the body for days, weeks, and sometimes even months after depending on how heavy of a user the individual is. You should be aware that because of this, your urine or blood may be over the limit even if you have not consumed marijuana recently. That is why it is crucial to drive carefully and consume marijuana responsibly. Further, because of Ohio’s inability to accurately test for THC and still charge Ohioans with OVIs, it is essential that if you are charged, you call our criminal defense team immediately and limit all statements to police. Until science catches up with our new laws, it is important that you are protected and know your rights if stopped.
Need assistance or have questions regarding marijuana?
Whether you are charged with a drug offense or OVI, our criminal defense team at Rittgers Rittgers & Nakajima has extensive experience handling these issues. Anytime you are pulled over or accused of a crime, it is crucial that you know your rights and have expert legal counsel by your side to fight for your every step of the way. Our team practices all over southwest Ohio and our consultations are free. We would be happy to speak with you about your case or legal questions and have a 24/7 emergency line for your needs. Call us day or night at 513-496-0134.