OHIO, USA — Ohio is now the 24th state to legalize recreational marijuana. However, it doesn’t mean Ohioans can light up as they please.
Now that Ohio voters approved the use of recreational cannabis, what is next?
There are a lot of questions. Some have clear answers in the law and others are a gray area.
What does Issue 2 do?
Ohioans 21 years and older can legally consume or possess cannabis on and after Dec. 7. It legalizes 2.5 ounces of adult-use cannabis and 15 grams of extract.
People may also grow up to six plants for personal use, with a limit of 12 plants per household.
When can I buy recreational marijuana in Ohio?
Getting legal products will be the biggest issue in the coming months. There won’t be licensed dispensaries for months as the Department of Commerce creates rules and regulations around licensing.
“There will not be any place for Ohioans to purchase legal marijuana in a licensed dispensary because the dispensaries won't be licensed for six to nine months depending on how quickly the Department of Commerce will move," said Jana Hrdinova, who is the administrative director of the Drug Enforcement and Policy Center at the Moritz College of Law at The Ohio State University.
There have been some questions about the dispensaries. Will they be safe? Will they be vetted? The law, as written, carves out priority for the state’s current medical dispensaries.
“In the initiative, anybody who is currently licensed as a medical marijuana licensee will get a preference for submitting their application through the Department of Commerce within six months of the passage," Hrdinova said.
What does marijuana legalization mean for employers in Ohio?
Even though the law will take effect on Dec. 7, there aren’t protections for Ohio employees using marijuana.
"There are no protections for employment. An employer can still set their own policy on drug use. If an employer decides to have a drug-free environment, they can do so and a person can be fired for that. The same for landlords,” said Hrdinova.
The ballot’s language clearly states: "An employer is not required to accommodate an employee's use, possession, or distribution of adult use of cannabis."
Can people drive while high in Ohio?
There are other topics the law does not address or protect, such as driving while high. Impaired driving laws are still applicable to marijuana and a driver can be charged.
Ohio’s recreational marijuana law could also change before it goes into effect if the General Assembly works fast enough. Some lawmakers have signaled they want changes to the law or want to attempt to overturn it entirely.
“They do have the power to change anything about it. If there are provisions they don't like or feel won't be safe for the public, they can change anything they would like in the statute,” said Hrdinova.
“This statute was written by the marijuana industry and should not be treated as a cash grab for their cash crop at the expense of a state trying to emerge from the opioid epidemic, Ohio Senate President Matt Huffman said in a statement. "The General Assembly may consider amending the statute to clarify the questionable language regarding limits for THC and tax rates as well as other parts of the statute."