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  • Christopher D.

Navigating Ohio's New Recreational Marijuana Laws

Ohio has officially entered a new era with the legalization of recreational marijuana, thanks to the passage of Issue 2 by voters on November 7. This landmark decision legalizes the sale, purchase, and possession of marijuana for adults aged 21 and older. 

However, the journey from voter approval to implementation is currently undergoing legislative scrutiny, with competing bills such as House Bill 86 and House Bill 354 shaping the state's approach to recreational marijuana.

The Legislative Landscape

As legislators at the Ohio Statehouse negotiate the details of Issue 2's implementation, the debate centers around key issues such as taxation, home cultivation, and the prevention of a burgeoning black market. 

House Bill 86, approved 28 to 2 in the Senate, aims to prevent the black market by regulating and controlling the distribution of marijuana. Conversely, House Bill 354, still pending a vote in the House of Representatives, presents an alternative vision.

Possession Limits and Cultivation Guidelines

Issue 2 permits adults to possess up to 2.5 ounces of marijuana, 15 grams of marijuana concentrate, and grow up to six plants per individual or 12 per household. However, the proposed House Bill 86 modifies these guidelines, reducing the number of allowable plants to six per household and altering THC concentration limits. The legislation also grants local authorities the power to choose whether to permit or prohibit dispensaries within their jurisdictions.

Dispensary Rollout and Home-Grow Provision

While recreational marijuana is now legal statewide, dispensaries are not immediately open for business. The Division of Cannabis Control has nine months to complete rulemaking and licensing processes before sales can commence. 

House Bill 86 introduces a proactive solution, suggesting that the state's existing medical marijuana dispensaries be authorized to sell recreational marijuana, expediting the buying and selling process.

Restrictions and Protection

House Bill 86 establishes clear guidelines for marijuana use, restricting smoking, vaping, and combustion to private residences. Public smoking and smoking in vehicles are prohibited, with landlords having the authority to ban smoking on their properties. Employers are also empowered to enforce drug testing policies, drug-free workplace policies, or zero-tolerance policies related to marijuana use.

While Issue 2 does not automatically erase prior marijuana-related convictions, House Bill 86 proposes the expungement of convictions for possessing 2.5 ounces of marijuana or less. This move reflects an effort to rectify the consequences of past marijuana-related offenses.

Issue 2 imposes a 10% excise tax on marijuana purchases, coupled with a 5.75% state tax and additional local taxes ranging from 0.25% to 2.25%. In contrast, House Bill 86 suggests raising the excise tax to 15%, with revenue projections reaching $262 million once the program is fully operational. 

Revenue allocation varies between the bills, with Issue 2 directing funds towards equity and jobs programs, while House Bill 86 prioritizes law enforcement training and substance abuse prevention.

Both House Bill 86 and House Bill 354 incorporate measures to shield minors from marijuana advertising. Prohibitions on packaging resembling cartoon characters or figures targeting children are in place, reflecting similar restrictions seen in alcohol and tobacco regulations.

Federal Implications and Current Status

It's crucial to note that despite Ohio's progressive stance on recreational marijuana, federal law still classifies marijuana as illegal. This means that purchasing marijuana in another state and bringing it back to Ohio remains against the law.

As Ohio navigates this new landscape, the legislative process has encountered complexities, with competing bills reflecting different visions for recreational marijuana regulation. 

The compromise negotiated with Governor Mike DeWine and approved by the Senate attempts to strike a balance, respecting the voters' decision while addressing concerns related to black market sales and public safety.

The Role of Medical Marijuana

In the midst of this transition to recreational marijuana, the importance of Ohio's medical marijuana program cannot be overstated. Obtaining a medical marijuana card still holds significant benefits, providing individuals with legal access to marijuana for medicinal purposes. 

While the recreational landscape evolves, the medical program remains a viable option for those seeking the therapeutic benefits of marijuana, with the added advantages of regulatory oversight and physician guidance.

Ohio's journey into recreational marijuana legalization is a dynamic process, with legislative debates shaping the future of the industry. As citizens navigate these changes, understanding the laws, the ongoing legislative process, and the continued relevance of the medical marijuana program is essential for making informed choices in this evolving landscape.

Get Your Medical Marijuana Card Today!

Ohio continues to expand its medical marijuana program and make residents’ lives easier by passing new progressive legislation. The addition of new qualifying conditions means that many more people will now be eligible for their medical card.

If you think you could benefit from medical cannabis, there is a good chance you qualify!

You need your medical card to access any of Ohio’s medical dispensaries. Not to worry, because it is now easier than ever to get your card with Ohio Marijuana Card!

In Ohio, there are many conditions that may make you eligible for medical marijuana, and we hope the program continues to expand by adding more conditions soon! If you have questions about whether you qualify, we can help with that too!

In order to visit a dispensary in the State of Ohio, you will need your medical marijuana card. With telemedicine, you can even get your card from the comfort of your own home!

If you don’t already have your card, we can help! You can even have your appointment and recommendation on the same day!

Schedule an appointment with one of our physicians today to see if you qualify.


Doctors Who Care.

Relief You Can Trust.

Here at Ohio Marijuana Card, our goal is to help everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.

If you have any questions, call us at (866) 457-5559, or simply book a medical marijuana evaluation to start getting relief you can trust today!


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