Intoxicating hemp products and THC-infused beverages are now illegal again in Ohio and the maximum potency of extracts is lower, due to a law that took effect on March 20.
Ohio voters legalized recreational marijuana and related products when they passed Issue 2 in 2023. Republican lawmakers vowed almost immediately to roll back parts of it, and they made good on that late last year, passing the new restrictions mostly along party lines.
Here are some of the changes, including new potential criminal penalties for not transporting personal stashes correctly, bringing THC products across state lines or toking in public.
No more smoking or vaping in public places or businesses
You can partake in a privately owned property unless it is also a childcare facility, halfway house or community residential center. Renters can still smoke in a house or apartment unless the lease prohibits it.
What are the new rules for storing edibles and weed?
Recreational and medical marijuana edibles and other products must be stored in original packaging, even after they are opened.
What about driving with weed, edibles or extracts?
If the original package has been opened, it must be kept in the trunk of your vehicle or behind the last row of seats if there’s no trunk. In other words, out of reach of the driver. The same rules apply for pipes, vapes and other marijuana paraphernalia.
No more out-of-state marijuana runs or orders
It’s now illegal to bring any recreational-use cannabis products into Ohio, even if they were legally purchased in another state. (Looking at you, Michigan.) Sellers of these products, including popular edibles and seltzers, can no longer ship these products to you in Ohio.
Can I Door Dash or Uber Eats marijuana?
Not right now. But the new law opens the door to possible home delivery of medical marijuana once the Division of Cannabis Control writes rules and standards.
Is sharing marijuana with friends still legal?
Yes, but with some changes.
- The handoff has to happen at a private residence or agricultural space.
- The amount shared in one day can’t be more than 2 ½ ounces of plant material (excluding seeds and plants) or 15 grams of extract.
- You still cannot take money for kindly sharing your bud.
Did they mess with potency?
Yes. The THC level for extracts is now capped at 70% (down from 90%). The limit for medical and recreational-use plants remains at 35%.
Can I be fired for using recreational cannabis products?
Yes, if it violates your employer’s policies. That was true under Issue 2, the law passed by voters in 2023. But under the new law, workers fired for violating a drug policy are not eligible for unemployment benefits from the state.
I can still grow marijuana at home, right?
Home growing is still an option and the limit is still six plants per adult 21 and over or a total of 12 in one residence. However, growing even one plant over that limit can lead to charges of illegally cultivating marijana, which can carry a criminal penalty.
No more gummy bears or fruit snack-shaped edibles
The new law outlaws the sale of marijuana products that share a likeness with fictional characters, real ones, animals, fruit or images that might attract children.
Changes to who gets the tax revenue from marijuana sales
The new law does away with a social equity and jobs fund created by Issue 2 and money for substance abuse and addiction education and treatment programs. Cities with dispensaries still get 36% of the tax revenue and the rest goes into state’s general fund. The sales of recreational marijuana products in Ohio last year topped $836 million.
For more about all the recent changes, check out this side-by-side comparison chart from Ohio State’s Moritz College of Law. Read the full set of legal changes here.
