Today, Ohio became the 24th state where recreational marijuana is legal. The law is now in effect after voters passed Issue 2 in the November election.
Although marijuana is legal, there are quite a few caveats because lawmakers can tweak that law, and it could be several months before the state processes licenses for places to legally sell weed.
How much can I have?
As written, the law allows anyone over 21 to have 2.5 ounces of cannabis flower and 15 grams of extract.
Where can I buy?
Right now, there are no authorized sellers. The Division of Cannabis Control isn't set to start processing retailer applications until June, which means you likely won't be able to legally buy marijuana until late summer or early fall.
Some local municipalities have also passed moratoriums on dispensaries for anywhere from six months to one year. Cities with temporary bans include Fairfield and Hamilton.
Can I order it?
Federal law also prohibits ordering weed or weed products through the mail. There has been some confusion that you can buy marijuana online, but that is only in some states, like Michigan, where you can pre-order or do delivery from an actual dispensary through an app. This also requires a valid ID and amount limitations on purchases. The DEA said it doesn't have the authority to criminalize sending or buying seeds with less than .3% THC.
Can I buy in Michigan?
If you're considering taking a trip to Michigan, you might want to think again since, technically, it's against federal law to transport marijuana across state lines.
Can employers still test employees for marijuana?
Yes, they sure can.
Watch for more on drug testing:
Can I grow it?
As of now, Ohioans will be able to grow up to six plants for an individual over 21 and up to a dozen plants for households with more than one adult. The Senate is attempting to change that to six plants for one household.
Where can I smoke?
The Ohio Department of Commerce reported that weed smoking would follow similar rules as cigarettes — not in public indoor places. It isn't completely clear, though, and DeWine has asked for more clarifications on public use.
What did the Senate do?
A bill passed by the Ohio Senate Wednesday would create several modifications. Sub. H.B. 86 is restrictive in comparison to the current law.
It reduced home grow to six plants, decreased THC levels and raised taxes. It would essentially only allow someone to smoke at a private residence.
But, there was bipartisan support to combat accessibility issues. This version would allow medical dispensaries to immediately be able to sell recreationally.
"We felt it was important to allow for immediate use because that's a, that's a protection against the black market," state Sen. Rob McColley (R-Napoleon) said.
Gov. Mike DeWine says the sooner those licenses are granted, the better. "People will be getting it from many sources, none of them legally," DeWine said. "The consumption will go up. People will be able to use it but they won't be able to legally buy it. We do not need an expanding black market."
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He is on board with all of the Senate's bill and is urging the House to pass it.
But the House isn’t interested.
State Rep. Jamie Callender (R-Concord) believes the Senate restrictions on home grow and THC go against the will of the people.
He has major problems with several other provisions.
The Senate basically outlawed vaping, he argued. H.B. 86 limits THC content to 10mg per unit, while vapes are typically around 200mg.
Banning being able to smoke while outside, while people can smoke cigarettes and drink alcohol, isn’t fair and isn't what the voters chose, he said.
"Limiting that is really in the face of a lot of the voters that voted for this," Callender said.
He has his own bill, H.B. 354, that is very similar to current law. It adds some safeguards for advertising and children, and Callender likes the idea of including immediate dispensary access as well.
The pressure from the Senate isn’t impacting him or House leadership, he said.
"If we get it next week, that's great; If we get it by Christmas, that's great; And if it's January, that's okay too," Callender said about not wanting to rush a policy. "It will be when it will be, but we want to do it right."
Callender also isn't feeling intimidated by the governor's press conference asking the House to pass the bill.
"I think the governor is of a generation where I think he's actually afraid of marijuana and afraid of some of the social and sociological impacts it may have," Callender said.
DeWine warned that not supporting the Senate's version could be a "recipe for disaster."
"I think he was concerned about the consumption and the other things that that could happen at midnight," he added. "And as far as I can tell, the world didn't end last night at midnight."
The Senate, although not happy with the House currently, can't do anything if the House ignores their version.
Senate President Matt Huffman explained that his chamber will consider the House bill if it gets sent over to them next week.
"I can say for the Senate... we stand ready to try to resolve this," Huffman said.
House Speaker Jason Stephens, who has a contentious relationship with Huffman, is backing Callender.
"The House is being deliberative," Stephens said. "It is important to our members that they listen to the people."
For now, the law remains what the voters chose.
