If you’re like most people, you likely think of marijuana as an illegal drug in the United States. And while this is normally true, there are a few states where marijuana is medically available. Ohio’s medical marijuana program favors those seeking this type of cannabis, but its laws can be a little confusing.
In this post, we’ll break down Ohio’s medical MMJ laws to better understand what’s legal and what isn’t. We’ll also discuss who can use medical marijuana in Ohio and how to qualify for it.
At the end of this article, we’ll show you a trick on how to still get legal THC even though you don’t qualify for a medical card or don’t want one.
So if you’re curious about Ohio’s medical MMJ laws, keep reading!
Estimated reading time: 10 minutes
Main Key Points
- Medical Marijuana is now legal in Ohio, but there are still some restrictions on its use.
- Marijuana possession is still a crime under both state and federal law.
- In Ohio, possession of up to 100 grams (five grams of solid hashish or one gram of liquid hashish) of marijuana is a minor misdemeanor, punishable by a maximum fine of up to $150, no jail time either.
- Having 20,000-40,000 grams of cannabis (1,000-2,000 grams of solid hashish or 200-400 grams of liquid hashish) is considered a second-degree felony.
- If caught driving a motor vehicle under the influence, the offender’s driver’s license can be suspended.
- Personal use of recreational cannabis is illegal in Ohio.
- The State of Ohio Board of Pharmacy is the office that regulate marijuana.
Is Medical Marijuana Legal in Ohio?
Medical marijuana is currently legal in Ohio, but there are still some restrictions on its use. Possession of up to 100g of marijuana is decriminalized in the state, and medical marijuana patients are exempt from criminal prosecution for possession of up to 200 grams. However, the sale or cultivation of marijuana remains illegal.
The Ohio Legislature passed a bill legalizing medical cannabis in 2016, and the first dispensaries began selling cannabis to patients in January 2019. Governor John Kasich signed the bill into legislation, making Ohio the 25th state to legalize medical marijuana.
The Ohio Medical Marijuana law permits people with certain medical conditions to purchase and use it as a medical marijuana treatment. These conditions include cancer, AIDS, Alzheimer’s disease, Crohn’s disease, seizure disorders, and chronic pain. Patients must get an authorized prescription from a certified physician to obtain a medical use marijuana card.
The state also licenses testing labs to ensure that the cannabis sold at dispensaries is safe and free of contaminants. Dispensaries can sell cannabis to patients with a valid medical marijuana card.
Can Medical Cannabis Patients Grow Their Own Cannabis Plants?
If you have a medical marijuana card in the United States, you may wonder if you can grow your own plants.
The answer to that is it depends on the state you live in. Some states have legalized medical and recreational cannabis, while others have not.
Marijuana possession is still a crime under state and federal law.
However, in some states, possession of small amounts of cannabis has been decriminalized. Although it is still technically illegal, the penalties are much less severe.
- In Ohio, possession of up to 100 grams of marijuana (5 grams of solid hashish or 1 gram of liquid hashish) is a minor misdemeanor, punishable by a maximum fine of up to $150.
- Possession of more than 100g but less than 200 g (5-10 grams of solid hashish or 1-2 grams of liquid hashish) of marijuana is a fourth-degree felony, punishable by up to 30 days in jail and a penalty of up to $2,500 maximum fine or both.
- Possession of more than 200 grams but less than 1,000 grams (50 grams of solid hashish or 2-10 grams of liquid hashish) of marijuana is a fifth-degree felony, punishable by up to a year in jail and a penalty of $2,500.
*(Ohio Rev. Code Ann. §§ 2925.04, 2929.14, 2929.18, 2929.24, 2929.28 (2019).)
High Legal Risk If Growing Marijuana Plants In Ohio
The cultivation of marijuana plants is also illegal under state and federal law.
- The penalties vary depending on the amount cultivated. If up to 100mg is considered minor dismembers, and can get you a fine of $150 but no nail time.
- If it’s 200 grams but less than 1000mg of marijuana, it’s considered a fifth-degree felony and can get you a fine of up to $2,500, up to one year in fail, or both.
Marijuana legalization is an issue that is currently being debated in many states. A ballot measure to legalize recreational cannabis was narrowly defeated in Ohio in 2015. A house bill was introduced in 2016 that would have legalized recreational cannabis and regulated it like alcohol. The bill did not make it to a vote.
Medical Marijuana was legalized in Ohio in 2016. However, the Ohio Medical Marijuana Law does not allow patients to grow their own plants. Instead, it authorizes the state to license up to 40 dispensaries with growing facilities that will cultivate and dispense to medical marijuana patients with certain conditions.
If caught growing medical marijuana plants in Ohio, you will be subject to the above cultivation penalties. Additionally, minor misdemeanors like possession of drug paraphernalia are punishable by up to 180 days of jail time and a maximum fine of $1,000.
It is important to note that even if medical cannabis is legalized in your state, it is still illegal under federal laws. This means that you could be prosecuted by the federal government, even if you comply with your state’s laws.
The best way to avoid getting busted is to check your state law before growing medical marijuana plants.
*(Ohio Rev. Code Ann. §§ 2925.03, 2929.14, 2929.18, 2929.24, 2929.28 (2019).)
Recreational Marijuana in Ohio
Recreational use of marijuana is not legal in Ohio. As we mentioned above, possession of 100 grams of marijuana or less (5 grams of solid hashish or 1 gram of liquid hashish) is a minor misdemeanor, punishable by a fine of up to $150 with no jail time,
However, if you have 20,000 to 40 thousand grams (1,000-2.000 grams of solid hashish or 200-400 grams of liquid hashish) of marijuana in your home or vehicle, this would be considered a second-degree felony, punishable with five-eight years in jail time plus fines up to $15,000.
The sale or cultivation of any amount of cannabis is also a felony offense in Ohio.
State lawmakers are considering a bill to legalize adult-use recreational cannabis in Ohio. The bill would allow adults 21 and over to purchase and possess up to one ounce of cannabis for recreational purposes. State legislators are still debating the bill, and it is unclear if it will be passed into Ohio’s medical marijuana laws.
*If you are charged with a cannabis-related offense in Ohio, you must speak with an experienced criminal defense attorney.
What Happens if You Get Caught With Weed Edibles in Ohio?
If caught with edibles in Ohio, the penalties can range from a minor misdemeanor to a felony, depending on how much cannabis you have in your possession. As we already explained, it all depends on how much you have and what that equals to grams.
In most cases, if consuming THC gummies, as long the total Delta 9 THC does not surpass 0.30% of dry weight. If it surpasses and you get caught, it’s considered a misdemeanor too.
This is one of the main reasons why so many are using hemp-derived THC gummies. More about that further down.
What else to keep in mind:
- Possession of medical marijuana paraphernalia is also a minor misdemeanor in Ohio. If caught with pipes, bongs, or other drug paraphernalia, you could face a maximum fine of $150.
- Manufacturing or selling paraphernalia may be punished with a fine of up to $750, up to 90 days in jail, or both. (Ohio Rev. Code Ann. §§ 2925.14, 2925.141 (2019).)
- If caught driving under the influence of cannabis, you could face a driver’s license suspension and up to six months of jail time.
If you’re charged with any drug offense in Ohio, you must consult with an experienced criminal defense attorney. An attorney can help you comprehend the charges against you and the possible penalties and also help you maneuver the court system and protect your rights.
Can You Buy Weed In Ohio?
As mentioned in this article, you can purchase medical marijuana products from any licensed dispensary in your city and throughout Ohio. However, recreational is currently not legal.
With that in mind, there are other options to still get THC without visiting an Ohio dispensary and having to worry about getting a medical card too.
Did you know that you can get legal THC products online?
Since Ohio’s Medical Marijuana Laws are pretty strict, you may not want to deal with the mumbo jumbo that comes with buying illegal cannabis.
The solution for you is to buy online from a reputable company like BiowellnessX. We have a wide variety of CBD and THC products that are legal in many states.
Delta 8 THC, Delta 9 THC, and Delta 10 THC are all legal in Ohio as long as it does not surpass a THC concentration of 0.3% Delta 9 THC.
What does that mean for you?
Well, it means you legally can get your hands on dispensary-grade THC products, all hemp-derived with the same effect as the regular.
Check out our Knockout Gummies; these little guys are best used in the evening when you’re ready to unwind and relax. But we must warn you that these consist of 100mg Delta 8 THC per gummy and are only for the experienced user.
Our Delta 9 Gummies come in two different flavors and two potencies (10mg and 25mg). With its potent properties, you can expect a smooth euphoric experience that will leave your body feeling very calm and focused and potentially increase productivity while feeling comfortable.
And those are just two of our products. Check out our website; we have everything from gummies to oils to smokes.
Final Thoughts
Ohio’s Medical Marijuana program currently says that medical cannabis is legal in Ohio, but recreational cannabis is not yet. This could all change soon, though, as state officials are currently considering a proposal to legalize adult use of recreational cannabis. Fingers crossed that this happens because it would mean that Ohioans could finally enjoy the many benefits of cannabis without worrying about getting into trouble with the law.
In the meantime, if you want to experience the therapeutic effects of cannabis but don’t want to break the law, check out BiowellnessX; we have everything you need and more. Thanks for reading!
Try Delta 8 for Indica feeling or Delta 10 for a Sativa kick. Want a little of both, Delta 9 might be your answer.
References:
- House Bill 523- House Bill 523 | The Ohio Legislature
- Ohio Department of Agriculture- Welcome to the Hemp Program | Ohio Department of Agriculture
- Controlled Substance Act- The Controlled Substances Act (dea.gov)
- Farm Bill- Hemp Production and the 2018 Farm Bill – 07/25/2019 | FDA
- Ohio’s Medical Cannabis Control Program- Medical Marijuana Control Program (ohio.gov)
- Ohio laws on possession, cultivation, etc…- Ohio Laws on Possession, Cultivation, and Sale of Marijuana | CriminalDefenseLawyer.com
- The State of Ohio Board of Pharmacy- Ohio Medical Marijuana Control Program
LEGAL DISCLAIMER
By reading this legal information, you agree to release the author of any liability related to or arising from your use of this data. This post contains no legal advice. The legal status surrounding Delta 8 THC, Delta 9 THC, and Delta 10 THC is new and constantly changing. We continuously work hard to do our best to give you the most updated information. We recommend checking your current state’s laws for medical marijuana or federal hemp laws before purchasing any medical cannabis products or industrial hemp-derived (CBD, THC). Do your due diligence and seek your doctor’s advice, especially if you are in doubt or are currently taking any prescription medications. Safer than sorry is always a great idea when consuming new products.
Frequently Asked Questions
Those on probation or with a criminal record can still use medical cannabis with the proper license.
Twenty-seven states have legalized medical marijuana, and 18 states have decriminalized recreational marijuana for adults. It will now head to the Senate. The fate will probably be assured.
Legalize cannabis in a way that does not require a ticket or arrest for consuming marijuana or having any other drugs. The drug trade may not be legal unless the state law applies if convicted of a drug offense.
