Ohio Marijuana Laws
Is Medical Marijuana Legal in Ohio?
Yes, medical marijuana is legal in Ohio for patients with qualifying medical conditions. In 2016, Ohio lawmakers passed House Bill 523, creating the Ohio Medical Marijuana Control Program, which allows qualified patients to obtain and use medical marijuana under the supervision of a certified physician.
Is Marijuana Decriminalized?
Yes, but only partially.
In Ohio, possession of small amounts of marijuana has been decriminalized to some extent, meaning that individuals caught with small amounts of marijuana may receive lesser penalties than they would have in the past.
Under current Ohio law, possession of up to 100 grams (or about 3.5 ounces) of marijuana is considered a minor misdemeanor offense, punishable by a maximum fine of $150. However, possession of larger amounts of marijuana or multiple offenses can result in more serious criminal charges and penalties.
How Much Medical Cannabis Am I Allowed To Buy And Possess In Ohio?
In Ohio, medical marijuana patients are allowed to purchase and possess up to a 90-day supply of medical cannabis, as recommended by their physician. The amount of cannabis that constitutes a 90-day supply will vary depending on the patient’s needs, medical condition, and the form of cannabis they are using.
According to the Ohio Medical Marijuana Control Program, a 90-day supply of medical cannabis can include up to:
- 8 ounces of dried flower (or the equivalent in other forms, such as oils or edibles)
- 24 grams of THC in oils, tinctures, capsules, or other forms
- 53.2 grams of THC in patches or topical creams
It’s important to note that patients are not allowed to exceed their recommended 90-day supply, and any excess cannabis may be subject to confiscation or other legal consequences. Additionally, patients are not allowed to sell or share their medical cannabis with others.
Can I Grow My Own Cannabis If I Am A Registered Patient?
No, home cultivation of medical cannabis is not legal in Ohio. Under Ohio law, only licensed medical marijuana cultivators are authorized to grow cannabis for medical use. Patients and caregivers are not allowed to grow their own cannabis plants for medical use.
Does Ohio Allow Medical Cannabis Reciprocity?
No, Ohio does not currently allow medical cannabis reciprocity with other states. This means that only patients who are registered with the Ohio Medical Marijuana Control Program are legally allowed to purchase and use medical cannabis in Ohio.
Who Qualifies For Medical Marijuana In Ohio?
In Ohio, patients who are 18 years or older must have a qualifying medical condition in order to be eligible for medical marijuana. The Ohio Medical Marijuana Control Program recognizes the following qualifying conditions:
- AIDS
- Alzheimer’s disease
- Amyotrophic lateral sclerosis (ALS)
- Cancer
- Chronic traumatic encephalopathy (CTE)
- Crohn’s disease
- Epilepsy or another seizure disorder
- Fibromyalgia
- Glaucoma
- Hepatitis C
- Inflammatory bowel disease (IBD)
- Multiple sclerosis (MS)
- Chronic pain
- Parkinson’s disease
- Post-traumatic stress disorder (PTSD)
- Sickle cell anemia
- Spinal cord disease or injury
- Tourette’s syndrome
- Traumatic brain injury (TBI)
- Ulcerative colitis
In addition to these conditions, patients may also qualify if they have a terminal illness, are in hospice care, or have been diagnosed with any other medical condition that a certified physician believes would benefit from treatment with medical cannabis.
To qualify for medical marijuana in Ohio, patients must obtain a recommendation from a certified physician who is registered with the Ohio Medical Marijuana Control Program. The physician must confirm that the patient has a qualifying medical condition and that medical marijuana is an appropriate treatment option.
Can Patients Under 18 Qualify For Medical Cannabis?
Yes. Patients under the age of 18 are required to have a parent or legal guardian act as their caregiver, and both the patient and caregiver must be registered with the Ohio Medical Marijuana Control Program.
To be eligible for medical cannabis in Ohio, a patient under the age of 18 must have a qualifying medical condition and must have obtained a recommendation from a certified medical marijuana doctor who is registered with the Ohio Medical Marijuana Control Program. The patient’s parent or legal guardian must then apply to become the patient’s caregiver, and both the patient and caregiver must be registered with the program.
As part of the registration process, the caregiver must submit to a criminal background check and must agree to certain responsibilities, such as ensuring that the patient does not exceed their recommended dose of medical cannabis and that the medical cannabis is stored in a safe and secure manner. The caregiver is responsible for purchasing and administering medical cannabis on behalf of the patient.
Driving with Cannabis
You can’t drive after using medical marijuana as it will be considered driving under the influence and is a serious offense and can result in legal consequences.
If you are a registered patient eligible for medical marijuana in Ohio, you can transport it within the state, but it must be done in accordance with certain guidelines. Medical cannabis should be stored in a sealed container and placed in the trunk of your car to ensure it is not accessible while driving.
However, it is important to note that transporting medical marijuana across state lines is a federal crime, and could result in serious legal consequences, including arrest and charges being filed.
What Products Are Legal In Ohio?
Forms of medical marijuana allowed in Ohio:
- Tinctures
- Oils
- Edibles
- Plant material
- Creams
- Patches
- Lotions
Forms of medical marijuana not allowed in Ohio:
- Flower (bud)
- Concentrates
Can I Give Cannabis As A Gift In Ohio?
Forms of medical marijuana allowed in Ohio:
- Tinctures
- Oils
- Edibles
- Plant material
- Creams
- Patches
- Lotions
Forms of medical marijuana not allowed in Ohio:
- Flower (bud)
- Concentrates
Where Can I Buy Medicinal Cannabis In Ohio?
Patients that have Ohio medical marijuana card can purchase medical marijuana only from state-licensed dispensaries.
Where Can I Use My Products?
Medical cannabis can only be consumed on private property. Public use of marijuana is prohibited by law.
Can I Be Fired For Being A Medical Marijuana Patient?
Yes. Ohio’s medical marijuana law does not provide explicit employment protections for medical marijuana patients, and employers in Ohio have the right to establish their own drug-free workplace policies. This means that an employer can choose to take action against an employee who tests positive for cannabis, even if the employee is a registered medical marijuana patient and used cannabis for medical purposes outside of work.
Do I Have To Tell My Landlord I Am A Medical Cannabis Patient?
You are not required to disclose to your landlord that you are a medical cannabis patient in Ohio. However, if you intend to use medical marijuana on the property, it is recommended that you review your lease agreement and speak with your landlord to ensure that there are no restrictions on medical marijuana use or possession.
Ohio’s medical marijuana program does not require landlords to allow patients to use medical marijuana on their property, and landlords are not required to make accommodations for medical marijuana use.
Are Caregivers Allowed Under Ohio Marijuana Program?
Yes, Ohio’s medical marijuana program allows registered patients to have a caregiver. Caregivers can help patients with tasks such as purchasing, preparing, and administering medical marijuana.
A caregiver must be at least 21 years of age and must be registered with the Ohio Medical Marijuana Control Program. A caregiver can only be designated by one patient at a time, and a patient can only have one caregiver at a time, unless the patient is a minor.
It’s important to note that caregivers are subject to the same background checks and requirements as patients, and they must complete an application and obtain a caregiver registry card from the Ohio Medical Marijuana Control Program.
