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What to know now that recreational marijuana has become legal in Ohio

Marijuana
Posted at 5:59 PM, Dec 05, 2023
and last updated 2023-12-07 09:23:23-05

CINCINNATI — While the passing of Issue 2 means recreational marijuana became legal in Ohio on Thursday, it's not set in stone.

Conversations are still happening among Ohio lawmakers to change the legislation because the issue is a state law, not a constitutional amendment.

Wednesday night, just hours before the law went into effect, Ohio Senators voted to approve changes to the bill's language.

Under the currently approved changes, households will be able to have six marijuana plants. The original Issue 2 language would have allowed households to grow up to 12.

The Senate’s proposal also:

  • Sets a 15% flat tax on recreational sale. Under Issue 2, that tax would be 10%.
  • Creates a provision that allows any Ohioan who has pleaded guilty to possession of under 2.5 ounces of marijuana to expunge their record. Issue 2 did not specifically reference any expungement.
  • Limits the maximum THC content for extract to 50%. In Issue 2, that limit was 90%

Issue 2 passed widely across Ohio.
"These legislators, you know, are playing with fire if they're gonna go back home and say, 'You voted clearly. The state voted clearly. And I decided I know better,'" Niven said. "That's a tough message to sell to voters."

So what happens Thursday?

Issue 2 as voters approved it goes into effect, despite the changes approved by the Senate Wednesday evening. Those changes still have to be approved by the Ohio House and signed by Governor Mike DeWine before they become law.

Ohioans 21 and older are able to legally possess and use up to 2.5 ounces of cannabis.

The current law also allows residents to grow marijuana, but does not allow them to sell it so while having marijuana will be legal, don't go running to a local dispensary for recreational use just yet.

Under the current law, recreational dispensary sales in Ohio will launch next fall after the state sorts out how to distribute licenses.

"The day after Issue 2 passed, we had people showing up at our door wanting to make their first purchase,” said Jason Erkes, spokesperson for Sunnyside Dispensary. "Right now, we're selling to medical consumers only. And you know, we look forward to welcoming everyone in late September, October of next year when everything is ready to launch."

As for where people will be allowed to smoke weed, indoor public places and places of employment are off-limits.

There are several communities in the Tri-State who have put a moratorium on the sale of recreational marijuana, several of which saying they need more information about how the state wants to actually enact the new law. West Chester, Fairfieldand Hamiltonhave all voted to ban the sale of recreational weed for various different time periods.

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