Ohio's Issue 2 passed, so can I smoke marijuana Wednesday? What to know before rolling up

Haley BeMiller and Haadiza Ogwude, Louisville Courier Journal
·4 min read
11
Ohio voters will decide whether or not to legalize recreational marijuana Tuesday.
Ohio voters will decide whether or not to legalize recreational marijuana Tuesday.

Among the issues voters across the river in Ohio decided on Tuesday is whether or not to legalize recreational marijuana, but don't expect big changes on Wednesday morning.

The proposal from the Coalition to Regulate Marijuana Like Alcohol establishes new rules for buying, selling, smoking and growing adult-use cannabis, but it won't go into effect immediately. Ohio lawmakers could also still make adjustments.

Ohio residents will likely still have to wait a month to possess marijuana freely. Here's what to know.

What is Ohio Issue 2?

The proposed law allows Ohioans age 21 and older to possess 2.5 ounces of cannabis in any form except extract and 15 grams of extract. They could also grow up to six plants individually and no more than 12 in a household with multiple adults.

Products would be taxed 10% on top of Ohio's sales tax.

The proposed law would allow Ohioans age 21 and older to possess 2.5 ounces of cannabis in any form except extract and 15 grams of extract.
The proposed law would allow Ohioans age 21 and older to possess 2.5 ounces of cannabis in any form except extract and 15 grams of extract.

When would Ohio Issue 2 go into effect?

Don’t break out the rolling papers just yet. Initiated statutes don’t take effect until 30 days after passage, meaning the law would take effect Dec. 7. That's when Ohioans age 21 and older can possess 2.5 ounces of cannabis.

But the Ohio Legislature could change any part of the law in the coming months.

Dispensaries in Ohio also wouldn't be selling products any time soon, and it would still be illegal to transport marijuana across state lines.

The state has nine months to issue the first round of licenses to marijuana growers, processors and dispensaries. Those licenses will go to existing medical marijuana businesses and participants in a social equity program created by the law.

Will I be able to smoke in public in Ohio?

Smoking marijuana would fall under the state's smoking ban. That law prohibits people from smoking plant material in enclosed areas open to the public, with exceptions for outdoor patios, smoke shops and hotel rooms designated for smoking.

Public use beyond that is less clear. Under the proposal, using marijuana in "public areas" would land someone with a minor misdemeanor. But it also says property owners and "any public place" could decide for themselves whether to accommodate marijuana use. They would be able to do that starting Dec. 7, when the law goes into effect, but some of this could be subject to change.

How much marijuana would I be able to buy, possess and grow?

Ohioans age 21 and older could possess 2.5 ounces of cannabis in any form except extract and 15 grams of extract. They could also grow up to six plants individually and no more than 12 in a household with multiple adults.

Someone who grows cannabis could give up to six plants to another adult user as long as no money is exchanged and the transfer is not advertised or promoted to the public.

Someone who grows cannabis could give up to six plants to another adult user as long as no money is exchanged, and the transfer is not advertised or promoted to the public.
Someone who grows cannabis could give up to six plants to another adult user as long as no money is exchanged, and the transfer is not advertised or promoted to the public.

Could I drive while high in Ohio?

No. The proposed statute bars people from driving a car, bike, boat or airplane while under the influence of marijuana. Passengers would be prohibited from smoking or vaping in the vehicle. The state's current laws for operating a vehicle under the influence would apply to anyone who violates those rules.

That said, determining whether a driver is impaired by cannabis is trickier than alcohol because it stays in the blood and urine longer. Breathalyzers that detect recent marijuana use are limited but in development.

What are the current marijuana laws in Cincinnati?

Cincinnati and other cities passed local laws in recent years to remove penalties and fines for marijuana possession. Under a 2019 Cincinnati ordinance, people are not fined for possessing up to 100 grams, or about 3.5 ounces, of marijuana. They can be cited, but the citation is not reported as a criminal conviction.

Does the Cincinnati marijuana law trump Ohio law?

No. Police still have a choice to either cite someone under state law or follow the city ordinance. Under the current Ohio law, possession of 100 grams or less is a minor misdemeanor punishable by a fine up to $150.

Which Ohio cities have decriminalized marijuana?

Toledo was the first city to decriminalize marijuana in 2015. These other cities followed suit:

  • Newark.

  • Logan.

  • Bellaire.

  • Roseville.

  • Athens.

  • Dayton.

  • Norwood.

  • Fremont.

  • Oregon.

  • Windham.

  • Adena.

  • Bremen.

  • Cincinnati.

  • Cleveland.

  • Columbus.

  • Corning.

  • Dayton.

  • Forest Park.

  • Fostoria.

  • Glouster.

  • Helena.

  • Jacksonville.

  • Kent.

  • Laurelville.

  • Nelsonville.

  • Northwood.

  • Plymouth.

  • Rushville.

  • Shawnee.

  • Trimble.

  • Yellow Springs.

This article originally appeared on Cincinnati Enquirer: Ohio Issue 2 passed Tuesday. Can I smoke marijuana Wednesday?