Ohio just voted to legalize cannabis. Here’s what happens next

Ohio voters officially legalized recreational cannabis with Issue 2. The ballot initiative passed tonight, November 7th.

The state’s vote to legalize cannabis follows several reforms. Ohio lawmakers legalized medical marijuana in 2016. Additionally, 38 cities in Ohio have already decriminalized possession of up to 7 ounces of cannabis.

In 2015, Ohioans failed to pass a separate legalization initiative by a vote of nearly two to one.

Read on to learn how legalization could play out in Ohio. We encourage readers to keep in mind that the state Legislature reserves the right to modify (or even repeal) the measure. All of these provisions could easily change.

When Will Possession of Weed Be Legal in Ohio?

The law will “take effect” 30 days after its passage. That date will likely apply to possession, but the ballot measure does not specify when sales for adult use will begin.

How much marijuana can I possess in Ohio?

Edition 2 allows adults 21 years of age and older to possess up to 2.5 ounces of cannabis and 15 grams of cannabis concentrate.

Can I smoke a joint in public?

No.

Can I grow cannabis at home?

Yes. A person can grow up to six plants at home, with a maximum of twelve plants per household.

Who regulates legal growers and sellers?

The state will create a new cannabis control division within the Ohio Department of Commerce to oversee the emerging industry.

How many marijuana shops are allowed?

The approximately 130 existing medical marijuana dispensaries in the state will be given the green light to sell to recreational customers. Additionally, the state will license 40 new farmers and 50 new retailers. The Department of Cannabis Control may issue additional licenses two years after approving this first batch.

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Will Ohio Offer Equity or Small Business Licenses?

Yes. The ballot measure would require the state to issue new licenses “preferentially to applicants” who participate in the Cannabis Social Equity and Jobs Program. However, it is not quantified, but the language in the ballot measure does not specify how many there are.

Can local cities or counties ban businesses?

Cities and counties can ban new stores, but cannot prevent existing medical pharmacies from selling to adult-only customers. Additionally, cities and counties cannot impose local taxes on cannabis.

Will Ohio tax marijuana?

Yes. Ohio will impose a 10% excise tax on cannabis sales. Cannabis purchases would also be subject to state sales tax of 5.75% and local taxes of up to 2.25%. Ohio would funnel 36% of revenue into a marijuana fund for social equity and employment.

What about the deletion process?

The measure does not contain specific language on automatic expungement, but does require the state to use a portion of cannabis tax revenue to fund reform efforts, including expungement.