In November 2023, Ohio marijuana laws changed by way of the passage of Issue 2, legalizing adult-use recreational marijuana through an initiated statute. This new law made Ohio the 24th state to legalize marijuana for adult use, joining its previously established medical marijuana program under House Bill 253 (2016).
Although sales began in August 2024, ongoing debates in the Ohio General Assembly mean continued changes are likely. Senate Republicans and Governor DeWine have attempted to modify the law, but for now, adult-use marijuana remains legal — with limitations.
Despite Ohio’s legalization, federal law still classifies cannabis as a Schedule I substance. That means marijuana remains illegal on federal property, including:
If you’re on federal land, do not use or possess cannabis.
Recreational Marijuana (Adult Use)
Possession Limits
Home Cultivation
Sales and Taxes
Restrictions Still Apply
Violations are typically minor misdemeanors but can escalate.
Since 2016, Ohio residents with qualifying conditions can legally use marijuana with a physician’s recommendation.
Eligibility & Conditions
Must have one or more of the following:
For a full list and updated criteria, visit the Ohio Medical Marijuana Control Program (OMMCP).
Purchase & Possession Limits
Medical patients may purchase:
Patients may buy only a 45-day supply per 45-day period. The state excise tax does not apply to medical purchases.
Even though marijuana is legal, the penalties for violations of Ohio Marijuana Laws are serious and violating possession or sale limits can lead to serious consequences.
Possession (Non-Medical)
Sales/Trafficking (Unlicensed)
Operating a Vehicle Under the Influence (OVI)
Driving under the influence of marijuana carries the same penalties as alcohol DUIs, including license suspension, fines, and possible jail time
Can my employer still drug test me for marijuana? Yes. Employers may enforce zero-tolerance drug policies, even if marijuana is legal in Ohio.
Can I smoke weed in my rental apartment? Landlords can ban cannabis use on their property, especially where tobacco use is also restricted.
Can cities ban marijuana sales? Local governments cannot ban personal use, but they may temporarily or permanently prohibit dispensaries within city limits.
At The Boerst Law Office, Inc., we stay up-to-date with evolving Ohio cannabis laws and defend individuals facing marijuana-related charges. If you’ve been charged with possession, trafficking, or OVI involving marijuana — don’t wait.
Here, law is done differently. Our attorneys have a proven track record in defending clients against a spectrum of drug-related charges. We leverage our extensive knowledge of Ohio drug laws to build robust defense strategies.
We understand that every case is unique. Our legal team provides personalized attention to each client, tailoring defense strategies to address the specific circumstances of your case.
Boerst Law employs a strategic approach to challenge evidence, question police procedures, and explore legal avenues for case dismissal or reduction of charges.
Our firm takes pride in achieving favorable outcomes for our clients. From case dismissals to reduced charges, our results speak to our commitment to securing the best possible resolution.
Facing drug-related charges in Ohio demands the expertise of seasoned legal professionals. Boerst Law is here to stand by you, offering unwavering advocacy and a commitment to securing your rights. Contact us today for a confidential consultation and let us navigate the legal complexities on your behalf.
Legal Disclaimer: Marijuana laws can change rapidly. This page is for informational purposes only and not legal advice. For personalized legal help, contact a qualified Ohio criminal defense attorney.