Ohio Marijuana Laws
Updated on Monday May 2, 2022
Reviewed By Stephanie Bagnall, J.D. on April 19, 2022
Governor John Kasich signed Ohio's House Bill 523 in June of 2016 to create a medical marijuana program, and the state officially began medical sales in January of 2019. The state does not allow for smoked forms of medical cannabis, but does allow the sale of vaporized products, edibles, oils and topicals.
Ohio had a failed legalization effort in 2015, which is believed to have lost due to regulations that would have created a monopoly for a few select providers in the state, many of whom supported the bill. However, many Ohio cities have adopted regulations to do away with fines and jail time for possession and cultivation to a certain degree. In the state as a whole, possession of less than one hundred (100) grams is a misdemeanor punishable by a $150 fine.
Possession
Patients and caregivers may possess up to a ninety (90) day supply at a given time.
A ninety (90) day supply constitutes:
- Plant Material:
No more than eight (8) ounces of tier I medical marijuana (must be below twenty-three percent (23%) THC; No more than five and three-tenths (5.3) ounces of tier II medical marijuana (cannabis that tests above twenty-three percent (23%) THC but must remain lower than thirty-five percent (35%) THC). - Patches/transdermal, lotions, creams, or ointments/topicals:
No more than twenty-six and fifty-five-hundredths (26.53) grams of THC content. - Oil, tincture, capsule, or edible form for oral administration:
No more than nine and nine-tenths (9.9) grams of THC content. - Medical marijuana oil for vaporization:
No more than fifty-three and one-tenths (53.1) grams of THC content.
Allowances vary for patients with terminal conditions. For detailed information, visit the Ohio rules and laws guide.
Purchasing Limits
Qualified patients are allowed to purchase up to ninety (90) days’ worth of medical marijuana within a 90-day period. Patients and caregivers can buy a combination of oils, tinctures, plant material, edibles and patches, but cannot exceed the aggregate total of a ninety (90) day supply.
Alternately, when making a purchase, a patient cannot buy less than a daily unit. Ohio constitutes a day's unit as the following for each form of allowable medical cannabis:
- One-tenth (.1) of an ounce (two and eighty-three hundredths (.238) grams) of plant material;
- Two-hundred ninety-five (295) milligrams of THC contained in a patch, lotion, cream, or ointment;
- One hundred ten (110) milligrams of THC contained in an oil, tincture, capsule, or edible for oral administration;
- Five hundred ninety (590) milligrams of THC contained in oil for vaporization.
Qualifying Patients
Ohio cannabis law allows for the following medical conditions to participate in medicinal marijuana consumption:
- AIDS
- Amyotrophic lateral sclerosis (ALS)
- Alzheimer’s disease
- Cancer
- Chronic traumatic encephalopathy (CTE)
- Crohn’s disease
- Epilepsy or another seizure disorder
- Fibromyalgia
- Glaucoma
- Hepatitis C
- Inflammatory
- Bowel disease
- Multiple sclerosis (MS)
- Pain that is either chronic and severe or intractable
- Parkinson’s disease
- Positive status for HIV
- Post-traumatic stress disorder (PTSD)
- Sickle cell anemia
- Spinal cord disease or injury
- Tourette’s syndrome
- Traumatic brain injury
- Ulcerative colitis
As of November 1, 2018, Ohio residents can petition for other conditions to be included on the qualified list. For more information, visit the Ohio Medical Marijuana Control Program.
Consumption
Ohio's medical cannabis law allows for “oil, tincture, capsule, or edible form for oral administration, metered oil or solid preparation for vaporization; patches for transdermal administration or lotions, creams, or ointments for topical administration; and plant material for administration with the use of vaporizing devices.”
Ohio prohibits medical marijuana by smoking or combustion but does allow for vaporization (vaping). The law prohibits any form that is attractive to children.” Patients can petition for additional consumption methods to be added as well.
Driving Under the Influence
Ohio law outlaws patients from operating any vehicles, streetcars, trackless trolleys, watercraft or aircrafts while under the influence of medicinal marijuana products.
Transporting Marijuana
Under Ohio medical marijuana laws, patients and caregivers are allowed to transport their medical cannabis within the state. The transported supplies must be equal to or less than a 90-day supply and remain secured and out of reach of the driver or passengers.
Reciprocity
Currently, Ohio does not recognize medical marijuana registry cards issued in other states. From the OMMCP, "The law requires that the Board of Pharmacy attempt in good faith to negotiate and enter into reciprocity agreements with other states. If Ohio does enter into a reciprocity agreement with another state, more information will be posted to the OMMCP website."
Cultivation
Ohio's marijuana laws prohibit cultivation for personal, family or household use.
Delivery
Ohio does not allow cannabis delivery.
Legal Disclaimer: This article is not meant to serve as legal advice and is for informational purposes only. Laws and regulations are always changing. Therefore, if you have any legal questions regarding Ohio’s marijuana laws you must consult with a licensed Ohio attorney.
Expert Reviewer
Stephanie Bagnall is a legal research and writing expert who supports nonprofits, law firms and other organizations in a wide variety of industries all over the country. She is also a passionate advocate for civil rights and people with disabilities.