Ohio's New Marijuana Laws

Marijuana was legal in the United States until 1937. Until then it has slowly been decriminalized in several states. It is currently legal for medical use in 30 states. Marijuana, also called “adult use cannabis” is legally defined as “All parts of a plant of the genus cannabis, whether growing or not; the seed of a plant of that type; the resin extracted from a part of the plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks…” It does not include “Hemp”.

As of December 7, 2023 in Ohio an adult (age 21 or older) may use cannabis; possess, transfer without remuneration, or transport adult use cannabis, as well as purchase adult use cannabis  from an adult use dispensary in amounts that do not exceed the possession limit of the law. An adult may possess no more than 2.5 ounces in any form except extract or no more than 15 grams of extract. When possessing or transferring marijuana correctly an adult shall not be subject to arrest, criminal prosecution, or civil penalties.

Just like alcohol an individual is prohibited from operating a vehicle, motor vehicle, streetcar, trackless trolley, bike, watercraft, or aircraft while using marijuana or while under the influence of marijuana. There are a couple different ways the Government can prove that someone is under the influence of marijuana. The first is showing that a person has a concentration of marijuana in their urine at least 10 nanograms of marijuana per mL of the person’s urine or has a concentration of at least 2 nanograms of marijuana per mL of the person’s whole blood or blood serum or plasma. The other is if the person appears as if their use of marijuana altered the way he or she drives. This is easier to prove than you think. Also similar to alcohol, an employer is not required to permit or accommodate an employee’s use, possession, or distribution. Nor does it prohibit an employer from refusing to hire, fire, or discipline an employee because of marijuana use.

It's important to remember that this is a very new law and much of the law needs to be litigated before we get answers to difficult or complex questions. As with anything it’s best that you contact an attorney before you find yourself sitting in a jail cell.