Ohio Marijuana Possession Laws

Is Possession of Marijuana Legal in Ohio?

Yes. Ohio legalized recreational marijuana on December 7, 2023. Prior to that, the state made medical marijuana legal in 2016 and commenced medical cannabis sale in January 2019. Patients with qualifying medical conditions, including cancer, seizures, glaucoma, terminal illnesses, and chronic pain, may register with the state’s medical marijuana program to legally buy, possess, and use cannabis in Ohio.

How Much Weed Is a Felony in Ohio?

Weed possession is regarded as a felony in Ohio for any person with 200 grams or more of marijuana in their possession. The amount of marijuana on a person determines the severity of the penalty.

• 200 to 999 grams: Anyone carrying this amount of weed in Ohio has committed a fifth-degree felony. This is punishable by up to one year of incarceration and up to $2,500 in fines.
• 1,000 to 20,000 grams: This offense is a third-degree felony that attracts a fine, imprisonment, and the possibility of community control. Depending on the amount of weed, the subject may face between one to five years jail term and a fine maximum fine of $10,000.
• 20,000 to 40,000 grams: Possessing this amount of weed in Ohio is a second-degree felony that attracts a prison term of 5 - 8 years, and the person may face up to $15,000 in fines.
• More than 40,000 grams: This offense warrants at least eight years in jail and up to $15,000 in fines.

What Are the Penalties for 1st Time Offense of Possession of Weed in Ohio?

The penalty for a first-time offender in Ohio is a misdemeanor, and the court will not impose a jail sentence. Instead, the accused will pay a fine and face other penalties, depending on the amount of marijuana in possession. Other factors that may determine the severity of penalties for a first-time offense of possession of weed in Ohio include the location of the arrest and the offender’s age.

Where to Buy Legal Weed in Ohio

You can only buy legal weed in Ohio for medical purposes at state-licensed dispensaries. Only eligible patients and caregivers registered with the state’s medical cannabis program can buy marijuana at these dispensaries. When recreational marijuana dispensaries open in Ohio in the second half of 2024, eligible adults can buy weed from those outlets.

How Old Do You Have to Be to Buy Weed in Ohio?

You have to be 18 years or older to be able to buy medical marijuana in Ohio. Nevertheless, a minor with a qualifying condition can still access medical marijuana. In this case, the parents or legal guidance will be listed as the “caregiver,” and they can go to the dispensaries to purchase the required product on behalf of the underage patients.

To buy recreational marijuana in Ohio, the state’s cannabis law mandates that you be 21 years or older.

How Much Weed Can You Carry in Ohio?

Up to 70 grams. There is no penalty for possessing up to 70 grams of weed in Ohio.

What Happens if You Get Caught With Weed Under 18 in Ohio?

Medical marijuana is permitted for children with the recommendation of a certified physician, and there is parental/guidance consent. Anyone under 18 caught with weed may be ordered into a diversion program specified by the court. The court will not enter a judgment until the minor completes the diversion program.

Upon completing the diversion program, the court may dismiss the case and order that the child’s record concerning the possession case is sealed. On the other hand, the court will proceed with the complaint if the child fails to complete the diversion program satisfactorily.

How Many Marijuana Plants Can You Have in Ohio?

Ohio allows adult residents to cultivate up to 6 cannabis plants at home for personal use. Such an adult must be 21 years or older. The maximum number of cannabis plants allowed in a household with multiple eligible adults is 12.

How Much Weed Can You Fly With from Ohio?

Marijana possession, use, distribution, and cultivation remain illegal under federal law. However, the US Transportation Security Administration (TSA) permits passengers to carry marijuana products that only contain less than 0.3 percent of tetrahydrocannabinol (THC) on a dry weight basis.

Otherwise, marijuana possession becomes an offense once a person steps into an airport. Federal marijuana conviction could lead to up to a one-year jail term, a 1,000 fine, or a combination of both. More severe convictions like possessing marijuana in commercial quantities come with harsher penalties.

Is It Illegal to Be High in Public in Ohio?

No, it is not illegal to be high in public as an authorized user for medical purposes. Being stoned in public places is not illegal as long as the user does not endanger themselves and others. However, driving under the influence of marijuana is illegal, and the person can be arrested and charged. Ohio has “per se” marijuana driving laws that make it unlawful to drive with weed in the system over the set limits. The limit is as follows:

Per millimeter of Blood:

• Two or more nanograms of THC.
• 50 or more nanograms of marijuana metabolite.
• Five or more nanograms of metabolite in combination with alcohol or other drugs (including weed).

Per milliliter of Urine:

• Ten or more nanograms of THC.
• 35 or more nanograms of marijuana metabolite.
• 15 or more nanograms of metabolite in the combination of alcohol or other drugs (including weed).

Anyone found guilty of driving under the influence of weed or operating a vehicle under the influence (OVI) will observe a mandatory jail term of three consecutive days (72 hours). In some cases, the court may include a jail term in addition to the 72 hours of mandatory incarceration. Notably, the court may replace the 3-day consecutive jail term with a community control sanction and subject the person to three consecutive days as a drivers’ intervention program. It is also common for the accused to have their driving license suspended for up to 90 days.