Could Kentuckians buy marijuana if it becomes legal in Ohio?

Kentucky doesn't allow recreational use of marijuana. But Kentuckians who live near Ohio may soon be able to enjoy it legally.

Ohioans will decide whether to legalize marijuana sales and possession when they vote on Issue 2 in the Nov. 7 election.

If passed, Issue 2 would make it legal for people 21 and older to have 2.5 ounces of cannabis and it would regulate the sale of marijuana in the state, among other things.

But if Ohio makes marijuana legal for adult use, can Kentuckians start rolling blunts?

Yes, probably. But not legally in the Bluegrass state.

Here are a few things you should keep in mind if Ohio decides to puff, puff, pass a law to legalize recreational marijuana.

You can probably legally buy marijuana in Ohio

Ohio's Issue 2 ballot language does not have restrictions on who can buy or possess marijuana in the state, as long as they're at least 21 years old.

That's also what the laws look like in nearby states that sell recreational marijuana.

Michigan, for instance, legalized marijuana in 2018 and started selling it in 2019. It doesn't keep track of out-of-state purchasers, but some southern dispensaries say about 50% of their business comes from out-of-state buyers, the Detroit Free Press reported.

Ohio state legislators might be able to put some additional restrictions on sales after the law is passed.

But you can't legally bring it into Kentucky, for the most part

Marijuana is still illegal to buy, sell and possess in Kentucky – unless you have certain health care needs.

Gov. Andy Beshear signed an executive order in 2022 that allows people with 21 medical conditions – including cancer, post-traumatic stress disorder, and epilepsy – to possess marijuana, as long as they can prove it was legally purchased and isn't more than 8 ounces.

So, as long as you have a detailed receipt and proof of one of the medical conditions (requiring written certification by a healthcare provider), you're in the clear.

Otherwise, you could face 45 days in jail and a $250 fine for having less than 8 ounces of the drug, according to the National Organization for the Reform of Marijuana Laws, which lobbies for the legalization of marijuana use and tracks marijuana laws.

So, can I just walk across the Purple People Bridge and smoke a doobie?

Probably not.

Using marijuana in a "public area" would be a minor misdemeanor offense. But property owners and those who oversee public places could decide whether to ban or allow marijuana use.

In other states where recreational marijuana use is legalized, there are also restrictions on smoking publicly.

In Michigan and Illinois, for instance, it's illegal to smoke marijuana in public. In New York, it's legal to smoke it wherever it's legal to also smoke cigarettes.

If Issue 2 passes, the Division of Cannabis Control will be created. Its members will sort out how to commercially "regulate, investigate, and penalize adult-use cannabis operators, adult-use testing laboratories, and individuals required to be licensed."

It's also illegal in other states to use marijuana while driving or in vehicles, which would also be the law in Ohio.

There's a gray area in some Kentucky places

Residents in Louisville and Jefferson County have fewer legal consequences than Kentuckians in other cities.

In Louisville, city council passed an ordinance in 2019 that makes "investigation, citations, and arrests" of adults with less than half an ounce of marijuana the lowest possible priority for police, the Courier-Journal reported.

A few months later, in August 2019, the Jefferson County Attorney's Office announced it will no longer prosecute people for having less than an ounce of marijuana if it's the only or primary charge.

This article originally appeared on Cincinnati Enquirer: Ohio Issue 2: Can Kentuckians buy marijuana if it becomes legal?