Recreational marijuana sales began Tuesday in Ohio — and with that milestone comes a lot of questions. We’re breaking them down with assist from legal experts, industry pros, and policymakers.
We have received dozens of messages in the last 24 hours via social media, email, direct messages, calls, and text messages. We are responding to them.
Can you give me some basic rules for shopping?
Consumers must be 21 and have a physical ID. While Ohio just updated its ID policy to allow Apple Wallet, places may still want the in-person version. Attempting to purchase by a minor would result in penalties similar to buying alcohol by someone under 21.
You can possess up to 2.5 ounces of marijuana in any form, except concentrates, which are constrained to 15 grams.
Where can I buy it?
Here is a list of pharmacies.
Can I buy on credit?
No. Many dispensaries only accept cash due to federal banking regulations, but many have ATMs in their stores. Some stores utilize third-party apps like Spendr to let you pay by phone.
Can I smoke in public places?
No, you could be charged with a minor offense.
“Marijuana is like drinking a beer in public,” said Tom Haren of the Ohio Cannabis Coalition. “If you can’t smoke a cigarette somewhere, you can’t smoke a joint there.”
It’s easier to say where you CAN smoke: on private property where it is permitted.
With that in mind, a private restaurant with a liquor license would be penalized if it allowed marijuana smoking, according to the Cannabis Control Division.
The law is unclear, however, legal experts and politicians say. Part of the smoke-free law states that smoking is prohibited in indoor public spaces; however, there are some exceptions: some outdoor terraces, individual rooms in nursing homes or hotels and motels that designate rooms for “smoking.”
Where do taxes go?
There is a 10 percent point of sale tax that will benefit communities with retail outlets.
“We’re going to use this to pave our streets more often,” Cleveland Heights Mayor Kahlil Seren told me.
Of the proceeds, 36% goes to host communities, 36% goes to a social equity fund that would assist those disproportionately affected by marijuana laws, 25% goes to addiction and substance abuse services, and 3% goes to DCC to fund the program.
Are lawmakers trying to change the tax structure to fund law enforcement?
Multiple Republicans in the state legislature have floated the idea of changing the amount of money that goes into the Social Equity Fund, potentially giving more money to local governments or just law enforcement in municipalities.
But state Rep. Jamie Callender (R-Concord) has blocked that effort with the assist of House leadership. He and others believe they can give money to law enforcement elsewhere and not get what voters voted for.
Why do legislators have the right to change voters’ decisions?
There are two main ways citizens can put something on the statewide ballot: an initiated statute and a constitutional amendment. The recreational marijuana proposal was an initiated statute, meaning it makes it to the Ohio Revised Code. An initiated statute or law has an easier process of getting on the ballot than a constitutional amendment. Initiated statutes can be easily amended, while amendments cannot.
Will marijuana convictions be expunged?
As Haren said, there are already options to have previous convictions expunged or sealed, which is why the bill does not mention it explicitly.
“We should consider this and see what we can do to get this conviction off their record,” state Sen. Rob McColley said in December.
Several lawmakers on both sides of the aisle are trying to introduce legislation to expunge minor offenses from criminal records.
Why are prices so high and will they come down?
Yes, they will fall.
“Prices will fall once the program is launched as more outlets open and growers and processors have time to increase their supply of product,” Haren said.
Demand is high at the moment, but once the hype dies down, prices will rise as well.
What happens if I smoke while driving?
You will face criminal charges if you drive under the influence of marijuana. This includes driving a car, tram, boat, plane, and even riding a bike.
Can I smoke as a passenger in a car?
No. The law specifically states that you cannot smoke, vaporize, or utilize any other “combustible” cannabis product intended for adult utilize.
There is no explicit mention of eating edible products.
Can I let my 18-year-old smoke under my roof?
No. Unlike Ohio alcohol laws, parents cannot consent to their children smoking pot.
In case you didn’t know, children and teens under the age of 21 are allowed to drink alcohol as long as they are “in the presence” of a parent, legal guardian or spouse who is 21 or older.
What customer data is shared with you?
A lot, but there are confidentiality provisions in the statute that govern what information the state can and cannot share. It’s like a medical program protects its records. The state has no right to share any information that could identify someone.
What about the measurement system?
“The Ohio medical program, in all its wisdom, started by measuring flowers in tenths, not eighths,” Haren explained.
He predicted that once the state finalizes the rest of its regulations, the flowers would eventually be sold in eighths.
Do I have to hide marijuana from my neighbors?
No, if you own the house and live on your property. Also, if you rent and your landlord allows smoking, that’s fine too.
Can I get evicted for smoking?
Yes.
“A private property has a lot of control over what happens on its property,” said Case Western Reserve University law professor Jonathan Entin. “Your landlord can say, ‘You don’t smoke marijuana in your apartment.’”
Property owners may include smoking and plant cultivation bans in their lease agreements.
Can I be drug tested at work?
Yes.
“Employers can say, ‘We don’t want you to be high at work,’” Entin said. “An employer can say, ‘I don’t want people to be high at work because people who are high, like people who are drunk, are not going to do their jobs.’”
The law states that employers can still conduct drug testing and cannot have a policy of tolerating such activities.
Have more questions?
E-mail [email protected] with the topic “Questions About Marijuana.”
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