Ohio Marijuana Laws

Marijuana possession, sale, and cultivation laws can be complicated. While Ohio has legalized marijuana for medical use and certain recreational use by adults 21 and older, state laws still highly regulate marijuana as a controlled substance.

Is Medical Marijuana Legal in Ohio?

Yes. Ohio law allows qualified patients (or their caregivers) with a valid registration card to buy medical marijuana (up to a 90-day supply). Conditions that qualify for medical marijuana include cancer, fibromyalgia, Crohn's disease, glaucoma, Alzheimer's, MS, Parkinson's disease, PTSD, and HIV/AIDS, among others. Annual registration is required.

(Ohio Rev. Code §§ 3796.01, 3796.22; Ohio Admin. Code § 3796:7-2-01 (2024).)

Is Recreational Weed Legal in Ohio?

In certain cases, yes. Ohio permits certain recreational possession and use and personal cultivation of small amounts of marijuana by adults 21 and older—subject to restrictions. Violating these restrictions can result in criminal penalties.

What's Legal

Ohio allows adults 21 and older to:

• possess or buy up to 2.5 ounces of marijuana and 15 grams in concentrate form
• transfer or gift (without compensation) up to 2.5 ounces of marijuana, 15 grams of concentrate, or 6 plants to another adult of legal age
• consume or use marijuana in private
• possess, use, or buy marijuana paraphernalia, and
• grow a maximum of six plants in their primary residence (up to 12 plants allowed if two or more adults of legal age live together) in an enclosed, secured area.

(Ohio Rev. Code §§ 3780.29, 3780.36 (2024).)

What's Not Legal

Ohio law prohibits the following:

• consuming marijuana in public places
• possessing, buying, or cultivating more than the permitted amounts of marijuana
• cultivating marijuana in open, unsecured areas
• transferring marijuana to underage individuals
• driving while using marijuana, and
• vaping, smoking, or using combustible marijuana by passengers in a vehicle.

Public consumption and passenger smoking in a vehicle are minor misdemeanors, punishable by a $150 fine. The remaining prohibited activities are subject to penalties found in Ohio's controlled substance and impaired driving laws. In certain cases, rules implemented by the Division of Cannabis Control may apply.

Other Regulations on Recreational Use of Marijuana

Cities, towns, employers, and landlords can impose their own rules regarding marijuana use and cultivation.

(Ohio Rev. Code §§ 2925.02, 2925.11, 3780.29, 3780.35, 3780.36, 4511.19 (2024).)

What Are the Penalties for Illegal Marijuana Possession and Cultivation in Ohio?

Possessing or cultivating more than the permitted amounts of marijuana results in criminal penalties in Ohio.

These penalties increase as the amounts increase:

• possession or cultivation of 70 to 99 grams (approx. 2.5 to 3.5 ounces) of marijuana is a minor misdemeanor
• possession or cultivation of 100 to 199 grams (approx. 3.5 to 7 ounces) of marijuana is a misdemeanor of the fourth degree
• possession or cultivation of 200 to 999 grams (approx. 7 to 35 ounces) of marijuana is a felony of the fifth degree, and
• possession or cultivation of 1000 grams or more (35 ounces or more) of marijuana is a felony of the second or third degree.

Penalties for possession of prohibited amounts of hashish carry different penalties, which start as felonies.

(Ohio. Rev. Code §§ 2925.02, 2925.11, 3780.36, 3780.99 (2024).)

What Are Ohio's Penalties for Underage Marijuana Violations?

Ohio law prohibits anyone younger than 21 to:

• solicit another person to buy them marijuana, or
• use a fake ID or present false information to purchase or attempt to purchase marijuana.

A first violation for soliciting someone to buy marijuana is a misdemeanor of the fourth degree. Repeat violations are second-degree misdemeanors.

It's a first-degree misdemeanor to try to buy marijuana by using someone else's ID or presenting a fake ID. These violations can carry minimum fines, driver's license suspensions, and community service requirements.

(Ohio Rev. Code §§ 3780.29, 3780.99 (2024).)

When to Get Legal Help

When facing criminal charges for marijuana-related violations, it's best to get a criminal defense attorney or ask for a public defender. An attorney might help you keep a violation off your record or, for more serious offenses, negotiate a good plea deal. In any event, a lawyer can guide you through the system and protect your rights.