Ohio

Navigating Ohio State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers and/or a list of adult use retailers to find out where to purchase regulated cannabis in Ohio. 

Traveling? Get more information about traveling in the US here. 

Home cultivation is legal in Ohio, for adults 21 and older. An adult may cultivate, grow, or possess no more than six cannabis plants per person, and up to twelve cannabis plants per household, in a secure enclosed area which is not visible from a public space. Access must be prohibited to individuals less than 21 years old.

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Background on State Laws

The state of Ohio allows both medical and adult-use recreational cannabis programs. Ohio’s medical cannabis program was created in 2016 by HB 523. Under the law patients who meet certain requirements are eligible for an affirmative defense for possession and use of medical cannabis. Medical cannabis is legal in Ohio, home cultivation is not. Patients and caregivers may purchase from dispensaries. Ohio does not recognize out of state medical cannabis cards. Patients report the high cost of medicine and few dispensaries as barriers to access. Details on how these laws apply to patients and medical professionals can be found below.

In November of 2023, adult-use recreational cannabis was legalized (effective December 7, 2023) after Ohio voters approved Issue 2. Adults 21 and older can purchase or possess up to 2.5 ounces of cannabis. Issue 2 calls for the expungement of criminal records of anyone convicted of cannabis possession for up to 2.5 ounces.

Here is a breakdown of how Ohio fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Ohio can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	63/100
Arrest Protection 25/25 Affirmative Defense 13/20 Parental Rights Protections 20/20 DUI Protections 2/10 Employment Protections 0/20 Explicit Privacy Standards 3/5
Access to Medicine	30/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 10/20 - Authorizes Delivery 0/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 10/30 Reciprocity 0/20
Program Functionality	87/100
Legal Protections Within Reasonable Time Frame 14/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 15/15 Patient and Physician Representation in Program Decision Making 20/20 Reasonable Caregiver Standards 5/5 - Background Checks 2/2 - Number of Caregivers 3/3 Reasonable Physician Standards 3/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 0/5
Affordability	49/100
Sales Tax Break for Patients and Caregivers 15/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 14/20 Financial Hardship Waivers or Discounts 20/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	90/100
State Program Protections 25/25 Housing Protections 25/25 Access for Minors 9/10 Access in Underserved Areas 9/10 List of Qualifying Conditions is Exhaustive or All Inclusive 8/10 Allows Patients to Medicate Where they Choose 8/10 Organ Transplants 5/5 Ownership or Employment Restrictions 1/5
Consumer Protection and Product Safety	151/200
Cultivation Operations 35/50 Quality Management Systems 10/10 Staff Training 5/10 Standard Operating Procedures 7/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 0/1 - Records Management 1/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 1/2 Required Testing 7/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 2/7 Manufacturing Operations 39/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 1/3 Required Testing 6/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 3/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 2/5 Dispensary Operations 33/50 Staff Training 20/20 Standard Operating Procedures 4/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Product Testing 5/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 4/13 Laboratory Operations 44/50 Independent or Third-Party 0/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 4/5 Staff Training 20/20 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 4/4
Score Penalties	0/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.