COLUMBUS, Ohio — Sales of recreational marijuana will begin this week in Ohio as the state’s Division of Cannabis Control issues the first dual-use dispensary certificates of operation on Tuesday.
This comes nine months after Ohio voters approved Issue 2 back in November “to legalize the possession and use of marijuana by individuals aged 21 and over.”
As this process gets underway, the Ohio Division of Cannabis Control (DCC) is answering some of the questions you may have when it comes to the legal sale and use of recreational marijuana.
WHERE WILL MARIJUANA BE FOR SALE IN OHIO?
On Monday, the DCC announced a list of 98 dispensaries across the state that are receiving the first dual-use dispensary certificates -- including several locations here in Northeast Ohio. A few of those are:
AKRON
- Bloom Medicinals: 737 East North St.
- Culture Cannabis Club: 1568 E Archwood Ave
- The Botanist: 46 South Summit Street
CANTON
- The Citizen by Klutc: 401 Cherry Avenue NE
- The Botanist: 3840 Greentree Ave SW
- Zen Leaf Canton: 3224 Cleveland Ave. NW
- Ohio Cannabis Company: 4016 Greentree SW
CLEVELAND
- Therapy Medical Cannabis: 13429 Lakewood Heights Blvd
- The Botanist: 3865 Lakside Avenue East
- RISE Medical Marijuana Dispensary Cleveland: 1222 Prospect Ave E.
- The Landing Dispensary: 1978 W 3rd St
- Shangri-La Dispensary: 4618 Saint Clair Ave
You can see the full list of all 98 dispensaries HERE.
“Once an entity has received its COO, it is legally authorized to begin the sale of non-medical cannabis in addition to medical cannabis,” the DCC explains. “However, the issuance of COOs does not necessarily mean non-medical sales will begin immediately at every dispensary, as each licensee must determine when they will start sales based on factors including staffing, stock and other business considerations.”
RECREATIONAL MARIJUANA FAQ
The additional points are currently listed by the Ohio DCC:
ARE THERE AGE RESTRICTIONS FOR THE CONSUMPTION OF NON-MEDICAL CANNIBIS?
Yes. An individual must be at least 21 years old to purchase, possess, grow or use non-medical cannabis.
HOW MUCH CANNABIS CAN I POSSESS?
Pursuant to the initiated statute, the amount of cannabis that may be possessed, transferred or transported by a non-medical consumer is 15 grams of extract and 2.5 ounces of another form.
HOW MUCH CANNABIS CAN I BUY?
Medical marijuana patients and caregivers may continue to purchase the amounts eligible for 90-day supply pursuant to O.A.C. 3796:7-2-04 and 3796:8-2-04.
Non-medical consumers may purchase no more than 10 whole day units of cannabis combined across all forms pursuant to O.A.C. 3796:8-2-04 per day.
For example, a non-medical consumer may purchase 1.0 ounces of plant material for vaporization OR 10 units of oil for vaporization containing 590mg of THC each OR ten packages of edibles totaling not more than 1100mg of THC total.
WHAT FORMS OF MARIJUANA WILL BE AVAILABLE FOR PURCHASE AT A NON-MEDICAL CANNABIS DISPENSARY?
Initially, consumers will be able to purchase cannabis in the forms and methods of administration available under the Medical Marijuana Control Program. This includes the following:
- Oral Administration: Oils, Tinctures, Capsules, Edibles, Sublinguals, Tablets
- Topical Administration: Lotions, Creams, Ointments
- Transdermal Administration: Patches
- Vaporization: Metered Oil or Solid, Plant Material
Although Ohioans are now legally able to grow marijuana, under current law there is no legal way to purchase plants or seeds until non-medical dispensaries are permitted to begin selling them.
Once non-medical rules are in place, the following forms of non-medical cannabis may be sold at dispensaries pursuant to the initiated statute: plant material and seeds, live plants, clones (a non-flowering plant cut from a mother plant), extracts, drops, lozenges, oils, tinctures, edibles, patches, smoking or combustible product, vaporization of product, beverages, pills, capsules, suppositories, oral pouches, oral strips, oral and topical sprays, salves, lotions or similar cosmetic products and inhalers.
Rules proposed by the Division can be found here.
AM I ALLOWED TO USE MARIJUANA IN PUBLIC?
No. The initiated statute states that a non-medical cannabis consumer who uses non-medical cannabis in public areas is guilty of a minor misdemeanor. Additionally, Ohio’s law prohibiting smoking or vaping in public indoor spaces applies to marijuana as well.
CAN I DRIVE AFTER USING MARIJUANA?
No. Per the initiated statute, an individual is prohibited from operating a vehicle, motor vehicle, streetcar, trackless trolley, bike, watercraft or aircraft while using cannabis or while under the influence of cannabis.
Additionally, an individual is prohibited from smoking, vaporizing or using any other combustible cannabis product while in a vehicle, motor vehicle, streetcar, trackless trolley, bike, watercraft or aircraft.
CAN MY EMPLOYER FIRE ME FOR USING MARIJUANA?
Yes. The law allows an employer to fire, discipline, refuse to hire or take other adverse employment action against an individual because of the individual’s use, possession or distribution of cannabis.
An employer may establish and enforce a drug testing policy, drug-free workplace policy or zero-tolerance drug policy.
An individual who is fired because of the individual’s use of cannabis is considered to have been fired for just cause for the purposes of unemployment compensation review, if the individual’s use of cannabis was in violation of the employer’s drug-free or zero-tolerance policy, or other program or policy regulating the use of cannabis.
Additionally, pursuant to the law as approved by voters, all federal restrictions on employment, including the regulations adopted by the United States Department of Transportation in Title 49 of the Code of Federal Regulations, remain in place.
For information about your workplace policy, you should speak with your employer.
CAN INDIVIDUALS PURCHASE CANNABIS IN ANOTHER STATE AND BRING IT TO OHIO?
No. Federal law prohibits traveling across state lines with marijuana.
IS NON-MEDICAL CANNABIS TAXED?
Yes. Non-medical cannabis sales are subject to state and local sales tax. In addition, the initiated statute includes a 10% excise tax on non-medical marijuana purchases. The excise tax revenue will go toward a social equity and jobs program, mental health and addiction services, local governments and the administrative costs of the Ohio Department of Taxation and the Division of Cannabis Control.
CAN CONSUMERS GROW THEIR OWN CANNABIS NOW?
Yes. Chapter 3780.29 of the initiated statute permits adults aged 21 and over to grow their own marijuana at home, subject to limitations prescribed in the statute, such as:
- Ensuring that marijuana is kept in a secured, enclosed area that prevents access by individuals under the age of 21 and which is not visible by normal unaided vision from a public space.
- A maximum of six plants per individual, 12 per household if there are two or more adults 21 and over.
- Processing home-grown cannabis by manual or mechanical means is permissible. Individuals are prohibited from processing home-grown cannabis by hydrocarbon-based extraction.
- Transferring up to six plants to a non-medical consumer is permissible; however, it is prohibited to receive payment for the plants or to advertise or promote such transfers to the public.
Please note, although Ohioans are now legally able to grow marijuana, under current law there is no legal way to purchase plants or seeds until non-medical dispensaries are permitted to begin selling them.
CAN THE GENERAL ASSEMBLY MAKE CHANGES TO THE STATUTE?
Yes, the state legislature can amend the law at any time.
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