Ohio Legalizes Cannabis: What You Need To Know

On November 7, 2023, Ohio’s electorate cast a landmark decision, steering the state into a new progressive era by legalizing recreational cannabis use.

This decision made Ohio the 24th state to do so and marked the end of prohibition. Representative Casey Weinstein, a vocal champion for legalization, acknowledged the sweeping, bipartisan endorsement of the initiative known as Issue 2. Thanks to this new legislation, adults aged 21 and over can now lawfully purchase, possess, and even grow cannabis in Ohio. 

To ensure that our fellow Ohionians stay within legal bounds, let’s take a closer look at the details of this new legislation and understand what they mean. 

The newly sanctioned Ohio ballot measure ushers in pivotal changes for cannabis regulation: 

• Adults aged 21 and over are now permitted to possess up to 2.5 ounces of cannabis and 15 grams of concentrates. 
• Ohioans are allowed to cultivate a maximum of six cannabis plants for personal use, with a household cap of 12 plants.
• Cannabis sales will incur a 10 percent sales tax, with proceeds distributed to enhance job programs and social equity (36%), support areas permitting cannabis businesses (36%), fund education and substance abuse initiatives (25%), and cover the regulatory system’s administrative expenses (3%). 
• The establishment of the Division of Cannabis Control under the Department of Commerce will oversee licensing and regulation of the industry. 
• Precedence is given to existing medical cannabis businesses for adult-use licenses, with a mandate to begin issuing these within nine months post-enactment. 
• The division is instructed to provide 40 cultivator and 50 retailer licenses, favoring social equity program participants, with the potential for additional permits after two years. 
• Local jurisdictions hold the power to prohibit new recreational cannabis businesses but cannot prevent medical dispensaries from adding adult-use sales. 
• Employers can maintain workplace policies against cannabis consumption. 
• The Department of Mental Health and Addiction Services is tasked to work with regulators to offer cannabis addiction services. 
• Although the measure lacks explicit language on automatic record expungements for past cannabis offenses, it mandates studies and funding for criminal justice reforms, including expungements. 

Officials are expected to implement the recently proposed reforms in Ohio, which reflect the overwhelming public consensus to move beyond prohibition. These measures have been designed to align with the regulatory approaches of neighboring states and embody a bipartisan consensus to adopt a more progressive stance.