Cannabis In Ohio
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Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023. The first licensed sales started on August 6, 2024. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms. Medical use was legalized in 2016 through a bill passed by the state legislature. The first licensed sales of medical cannabis began on January 16, 2019.


Decriminalization (1975)

On August 22, 1975, Governor James Rhodes signed a bill decriminalizing cannabis, making Ohio the sixth state to do so. Under Ohio law, the possession of up to 100 grams ( oz) of marijuana is a "minor
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
" which carries a maximum fine of $150. Possession of more than 100 grams ( oz) but less than 200 grams (7 oz) of marijuana is a misdemeanor punishable by up to thirty days in jail and a $250 fine.Jackie Borchardt
Ohio law enforcement officials say marijuana convictions aren't a priority
''Cleveland Plain Dealer'' (September 17, 2015).
The
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's
Uniform Crime Reports The Uniform Crime Reporting (UCR) program compiles official data on crime in the United States, published by the Federal Bureau of Investigation (FBI). UCR is "a nationwide, cooperative statistical effort of nearly 18,000 city, university and co ...
report that in 2013, 17,000 arrests for marijuana possession were made in Ohio. A 2013 report by the
ACLU The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. ...
found that in Ohio, African Americans were 4.1 times more likely than Caucasians to be arrested for marijuana possession.


Issue 3: Failed recreational use initiative (2015)

In 2015, a ballot measure to legalize recreational use of cannabis was defeated on the November ballot. The measure, which appeared on the ballot as Issue 3, would have: (a) legalized the use and sale of cannabis by persons age 21 and older; (b) allowed the commercial-scale cultivation of cannabis, but only at ten pre-designated sites chosen by the measure's sponsors; (c) allowed persons age 21 and older to possess of up to 1 ounce of commercially-purchased cannabis and up to 8 ounces of home-cultivated cannabis; and (d) allowed home cultivation of up to four flowering cannabis plants for Ohioans who held a $50 license. The initiative was sponsored by a group of investors that included boy band singer
Nick Lachey Nicholas Scott Lachey ( ; born November 9, 1973) is an American actor, singer-songwriter, producer, TV personality and host. He rose to fame as the lead singer of the multi-platinum-selling boyband 98 Degrees and later starred in the reality ser ...
, NBA Hall of Famer
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, NFL defensive end
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, and fashion designer
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. Support for Issue 3 was weaker than overall support for legalization, as the measure was criticized for its plan to create a
monopoly A monopoly (from Greek language, Greek and ) is a market in which one person or company is the only supplier of a particular good or service. A monopoly is characterized by a lack of economic Competition (economics), competition to produce ...
of cannabis producers. The initiative failed to receive the endorsement of the
Drug Policy Alliance The Drug Policy Alliance (DPA) is a New York City–based nonprofit organization that seeks to advance policies that "reduce the harms of both drug use and drug prohibition, and to promote the sovereignty of individuals over their minds and bodi ...
and
Marijuana Policy Project The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff. Its stated aims are to: (1) increase public support for non-pu ...
, and received only a "tepid endorsement" from
NORML The National Organization for the Reform of Marijuana Laws (NORML ) is a social welfare organization based in Washington, D.C., that advocates for the reform of marijuana laws in the United States regarding both medical and non-medical use. Ac ...
. Issue 3 was defeated by a 65–35 margin on November 3, 2015.


Legalization of medical cannabis (2016)

On June 8, 2016, Governor
John Kasich John Richard Kasich Jr. ( ; born May 13, 1952) is an American politician and author who was the 69th governor of Ohio from 2011 to 2019, a member of the U.S. House of Representatives from 1983 to 2001, and a Republican candidate for the pre ...
signed House Bill 523 to legalize the medical use of cannabis in Ohio. The bill, sponsored by Representative Stephen Huffman, was approved by an 18-15 vote in the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
and a 67-29 vote in the
House A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air c ...
. The bill set up a
rulemaking In administrative law, rulemaking is the process that executive and independent agencies use to create, or ''promulgate'', regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more de ...
process under which a "state-run or licensed system of growing facilities, testing labs, physician certification, patient registration, processors, and retail dispensaries" was established. It also required the number of dispensaries needed in each dispensary district to be re-evaluated every two years based on the distribution and number of patients. The system was required to be fully operational by September 2018, with the Ohio Department of Commerce to make rules for cultivators by May 6, 2017, to issue rules and regulations for cultivators, and the remainder of rules to be promulgated by October 2017. In the interim, patients with one of 21 qualifying conditions were permitted to go to Michigan or another state with legalized medical cannabis, legally acquire cannabis there, and bring it back to Ohio for use in accordance with Ohio law. The state announced the awarding of the first 56 dispensary licenses on June 4, 2018, and the first licensed sales of cannabis at dispensaries occurred on January 16, 2019. As of September 2021, Ohio had 58 medical cannabis dispensaries, only 9 of which were owned by persons of color. The Ohio Board of Pharmacy announced in September 2021 another 73 planned licenses would be awarded via lottery, in part to allow equity of access. As of September 2021, Ohio had licensed 20 cultivators to grow up to 25,000 square feet of cannabis and 15 to grow up to 3,000 square feet. As of July 2021, there were 125,000 registered medical cannabis patients in Ohio, and by December 2023 the number had grown to 410,565. The twenty-one qualifying conditions listed in the bill were: AIDS/HIV,
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(CTE),
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(or other
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, "pain that is either chronic and severe or intractable,"
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, and "any other disease or condition added by the state medical board." Home cultivation and ingestion by way of
smoking Smoking is a practice in which a substance is combusted, and the resulting smoke is typically inhaled to be tasted and absorbed into the bloodstream of a person. Most commonly, the substance used is the dried leaves of the tobacco plant, whi ...
are prohibited under the law, which permits use only in edible, oil,
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, or plant matter form.


"Smoke a joint, lose your license" repealed (2016)

Senate Bill 204 was signed into law by Governor Kasich on June 13, 2016. It repealed a requirement in state law that possession of cannabis or any other illegal drug be punished with a mandatory six month driver's license suspension (instead, the bill made the suspensions optional). The policy was originally enacted in the early 1990s in response to the passage of the Solomon–Lautenberg amendment at the federal level. Senate Bill 204 was sponsored by Republican State Senator Bill Seitz, passing with only two opposing votes in the House and unanimously in the Senate.


Issue 2: Recreational use legalized (2023)

In July 2021, a group seeking to legalize cannabis for recreational use, known as the Coalition to Regulate Marijuana Like Alcohol, submitted 1,000 signatures to the Ohio Attorney General, seeking to qualify an initiated statute for the 2022 ballot. After receiving approval to proceed in August, the campaign submitted 206,943 signatures for approval in December 2021 and an additional 29,918 signatures in January 2022. In January 2022, the state certified that 136,729 valid signatures had been submitted (of a required 132,887) to force the state legislature to consider the measure. After the legislature failed to pass the proposal, the petitioners were required to collect an additional 124,000 valid signatures in order to place the proposal on the November ballot. However, in May 2022, the campaign announced that it had reached a settlement with the state to abandon the effort for 2022 (due to a technicality that could prevent it from appearing on the ballot) while also allowing all of the signatures that had already been submitted to go towards putting the proposal on the 2023 ballot. On August 16, 2023, after the campaign submitted an additional 127,772 valid signatures, the Ohio Secretary of State announced that the measure would appear on the 2023 ballot. The initiative appeared as Issue 2 on the November 7, 2023 ballot, and was approved by voters by a 57–43 margin. It makes the following changes to Ohio law: * Legalizes the possession of up to 2.5 ounces of cannabis and 15 grams ( oz) of concentrate for adults 21 and over. * Allows the cultivation of six plants for personal use, with a maximum of 12 plants per home. * Allows the sale of cannabis at licensed dispensaries, with a 10 percent sales tax imposed. * Divides tax revenue up between social equity and jobs programs (36 percent), localities that allow dispensaries to operate (36 percent), education and substance abuse programs (25 percent), and administrative costs (3 percent). Possession and personal cultivation of cannabis became legal on the initiative effective date, December 7, 2023. The first licenses for growers, processors, and dispensaries must be issued within 9 months of the effective date. Leading up to and following the initiative's passage, top Republican leaders in Ohio indicated the possibility of making changes to some of the initiative's provisions. The first licensed sales of recreational cannabis started on August 6, 2024.


Municipal reforms

In September 2015, Toledo residents voted by a 70–30 margin to depenalize misdemeanor cannabis offenses, with no fines and no jail time for possession or cultivation of under 200 grams (7 oz), possession of hashish under 10 grams ( oz), possession of paraphernalia, and gifts of under 20 grams ( oz). Some provisions of the ordinance were later struck down in court, however. In November 2018,
Dayton Dayton () is a city in Montgomery County, Ohio, United States, and its county seat. It is the List of cities in Ohio, sixth-most populous city in Ohio, with a population of 137,644 at the 2020 United States census, 2020 census. The Dayton metro ...
residents voted by a 73–27 margin to approve an advisory referendum urging city leaders to decriminalize cannabis. City commissioners then voted unanimously in January to eliminate all penalties for possession of up to 100 grams ( oz). In June 2019,
Cincinnati Cincinnati ( ; colloquially nicknamed Cincy) is a city in Hamilton County, Ohio, United States, and its county seat. Settled in 1788, the city is located on the northern side of the confluence of the Licking River (Kentucky), Licking and Ohio Ri ...
City Council voted 5–3 to eliminate all penalties for possession of up to 100 grams ( oz) of cannabis except in cases of public use. In July 2019, Columbus City Council voted unanimously to reduce the penalty to a $10 fine for possession of up to 100 grams ( oz) and a $25 fine for between 100 and 200 grams ( and 7 oz). Possession of paraphernalia was also reduced to a $10 fine. In January 2020,
Cleveland Cleveland is a city in the U.S. state of Ohio and the county seat of Cuyahoga County. Located along the southern shore of Lake Erie, it is situated across the Canada–U.S. maritime border and approximately west of the Ohio-Pennsylvania st ...
City Council voted 15–2 to eliminate penalties for possession of up to 200 grams (7 oz) of cannabis. Other jurisdictions in Ohio that have approved decriminalization ordinances include Bellaire (2016), Logan (2016), Newark (2016), Roseville (2016),
Athens Athens ( ) is the Capital city, capital and List of cities and towns in Greece, largest city of Greece. A significant coastal urban area in the Mediterranean, Athens is also the capital of the Attica (region), Attica region and is the southe ...
(2017), Fremont (2018), Norwood (2018),
Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...
(2018), Windham (2018),
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(2019), Nelsonville (2019), Northwood (2019),
Plymouth Plymouth ( ) is a port city status in the United Kingdom, city and unitary authority in Devon, South West England. It is located on Devon's south coast between the rivers River Plym, Plym and River Tamar, Tamar, about southwest of Exeter and ...
(2020), Adena (2020), Glouster (2020),
Jacksonville Jacksonville ( ) is the most populous city proper in the U.S. state of Florida, located on the Atlantic coast of North Florida, northeastern Florida. It is the county seat of Duval County, Florida, Duval County, with which the City of Jacksonv ...
(2020), Trimble (2020), Martins Ferry (2021), Murray City (2021), New Lexington (2021), New Straitsville (2021), Rayland (2021), Tiltonsville (2021), Yorkville (2021), Fostoria (2022), Forest Park (2022), Corning (2022), Hemlock (2022),
Kent Kent is a Ceremonial counties of England, ceremonial county in South East England. It is bordered by Essex across the Thames Estuary to the north, the Strait of Dover to the south-east, East Sussex to the south-west, Surrey to the west, and Gr ...
(2022), Laurelville (2022), Rushville (2022),
Shawnee The Shawnee ( ) are a Native American people of the Northeastern Woodlands. Their language, Shawnee, is an Algonquian language. Their precontact homeland was likely centered in southern Ohio. In the 17th century, they dispersed through Ohi ...
(2022), and Helena (2023).


See also

* Ohio NORML


References


External links


Summary of Ohio's medical marijuana program prepared for members of the Ohio General Assembly
{{Cannabis in the United States