Ohio Cannabis Laws

Is cannabis legal in Ohio?

Ohio has decriminalized adult use and possession of cannabis, but it is still illegal. Only those with a valid medical marijuana certificate can legally purchase and consume cannabis in Ohio.

What are the medical marijuana laws in Ohio?

Medical Cannabis Laws, OH

2016

Medical Marijuana Legislation HB 523

John Kasich signed House Bill 523 to legalize the medical use of cannabis in Ohio
The bill set up a rulemaking process under which a “state-run or licensed system of growing facilities, testing labs, physician certification, patient registration, processors, and retail dispensaries” was established.
Cultivation of cannabis and ingestion by way of smoking are prohibited under the law, which permits use only in edible, oil, vapor, patch, tincture, or plant matter form.

Recreational Cannabis Laws, OH

Although recreational marijuana use is illegal in Ohio, there is an appetite to change the current laws and reform the criminal justice system in OH. Recreational, adult-use marijuana may well become legal in Ohio in the future, but this may take some time.

2015 – Toledo residents voted 70%–30% to depenalize misdemeanor cannabis offenses, with no fines and no jail time for: possession or cultivation of under 200 grams, possession of hashish under 10 grams, possession of paraphernalia, and gifts of under 20 grams.
2018 – Dayton residents voted 73%–27% to approve an advisory referendum urging city leaders to decriminalize cannabis. City commissioners then voted unanimously in January to eliminate all penalties for possession of up to 100 grams.
2019 – Cincinnati City Council voted 5–3 to eliminate all penalties for possession of up to 100 grams of cannabis except in cases of public use.  Columbus City Council also voted unanimously to reduce the penalty to a $10 fine for possession of up to 100 grams and a $25 fine for between 100 and 200 grams.
2020 – Cleveland City Council voted 15–2 to eliminate penalties for possession of up to 200 grams of cannabis.

Bellaire (2016),] Logan (2016), Newark (2016), Roseville (2016), Athens (2017), Fremont (2018), Norwood (2018), Oregon (2018), Windham (2018), Bremen (2019), Nelsonville (2019), Northwood (2019), Plymouth (2020), Adena (2020), Glouster (2020), Jacksonville (2020), and Trimble (2020) all have cannabis decriminalization ordinances.

What medical conditions qualify for a Medical Marijuana Card in Ohio?

The Ohio law lists the following medical conditions as qualifiers for a medical cannabis card:

• AIDS/HIV
• Alzheimer’s Disease
• Amyotrophic Lateral Sclerosis aka Lou Gehrig’s Disease
• Cachexia
• Cancer
• Chronic, Severe or Intractable Pain
• Chronic Traumatic Encephalopathy (CTE)
• Crohn’s Disease and Inflammatory Bowel Diseases (IBDs)
• Epilepsy
• Fibromyalgia
• Glaucoma
• HIV/AIDS
• Multiple Sclerosis (MS)
• Parkinson’s Disease (PD)
• Post-Traumatic Stress Disorder (PTSD)
• Sickle Cell Anemia
• Spinal Cord Disease or Injury
• Tourette’s Syndrome (TS)
• Traumatic Brain Injury (TBI)
• Ulcerative Colitis

How do I get certified for medical cannabis in Ohio?

With Leafwell, you can get your Ohio Medical Marijuana Card online in 4 simple steps:

1. Register online with Leafwell and see an Ohio Physician – It’s quick and easy! Plus all of your data and medical records are secure on our state-of-the-art telemedicine platform. This consultation fee is $149 for an examination on Leafwell’s telemedicine platform, subject to change.
2. Attend your online appointment and get a medical cannabis certificate online from a state-licensed physician – The process is quick, simple and HIPAA-compliant. Most appointments take 15 minutes or less. Our recommending physician, or a physician delegate, will submit the caregiver and patient’s name to the Ohio Board of Pharmacy Medical Marijuana Patient and Caregiver Registry following their recommendation for medical marijuana. The OH cannabis program is called the Ohio Medical Marijuana Control Program.
3. Receive an email from the state and complete the application – The application fee, payable to the state, is $50. The application fee and the physician’s fee (mentioned above) are separate.
4. Receive Your Medical Marijuana Card – If approved, you will be emailed the state Registry Card (Medical Marijuana Card) and will have to activate it via their email, which will contain a link to the registry. You will need to then create their own password for the health portal. You will receive your Ohio MMJ card via email as soon as you pay the state card fee. Please note that it is the state that will be emailing you, not Leafwell.

You must be aged 18 or over in order to qualify for a medical marijuana card for yourself. Those under 18 years-old may qualify as minors if they have a caregiver. Caregivers must be 21 years of age. A patient can have no more than 2 caregivers, and a caregiver cannot look after more than two medical marijuana patients.

The recommending physician, or a physician delegate, must submit the caregiver and patient’s name to the Ohio Board of Pharmacy medical marijuana patient and caregiver registry following their recommendation for medical marijuana.

Nothing in Ohio’s medical marijuana law requires schools to permit students to use medical marijuana on campus. In fact, the only mention of schools in the law is to ban the establishment of a medical marijuana dispensary within 500 feet of a school.

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Is telemedicine allowed for medical cannabis consultations in Ohio?

Yes, telemedicine is legal in Ohio and you can get certified for cannabis online.

How much cannabis can I possess in Ohio with an MMJ Card?

• For medical card holders = Up to a 90-day supply of medical marijuana, amount to be determined by the physician. Smokeable products are not permitted.
• For recreational users = Illegal

Is it legal to grow cannabis in Ohio?

It is illegal to grow cannabis in Ohio.

Does Ohio accept out-of-state cards?

Ohio does not have medical marijuana reciprocity, so does not recognize out-of-state medical marijuana cards.

Will my Ohio card be accepted in other states?

An Ohio medical marijuana card is recognized by some other states with medical marijuana reciprocity.

The following states accept or recognize out-of-state medical marijuana cards:

• Arizona
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Puerto Rico
• Rhode Island
• US Virgin Islands
• Utah
• Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application to use medical cannabis for the duration of their stay:

• Arkansas
• California
• Hawaii
• West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis card holders in Ohio?

There is nothing in Ohio’s medical marijuana law that prohibits or limits an employer’s right to drug test employees for marijuana, require a drug free workplace, or impose discipline or discharge an employee violating an employer’s policies

What are the medical cannabis product testing requirements in Ohio?

Medical cannabis in Ohio must be tested for cannabinoid content, mycotoxins and other microbial contaminants, pesticides, pollutants solvents and heavy metals like lead. It is tested by a third-party lab.

Where is it safe to purchase cannabis in Ohio?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy, or another legally designated space to purchase cannabis. Only those with a legal license to sell cannabis can actually do so.

Where is it safe to consume marijuana in Ohio?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals or any other such healthcare space is also illegal. Private members club and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.