COLUMBUS, Ohio — Ohio residents 21 and older will be able to purchase marijuana for recreational use this week after 98 medical dispensaries received licenses to sell it for recreational purposes.
Ohioans voted overwhelmingly to legalize recreational marijuana last November, but Ohioans should be aware of some regulations surrounding recreational sales and use.
“There are legal limits on how much people can own,” says Jonathan Entin, a law professor at Case Western Reserve University.
Ohio law allows anyone 21 years or older to possess and use marijuana. A person can purchase up to 2.5 ounces of the product, but cannot possess more than 15 grams of marijuana concentrate at a time.
There are also limits on the amount of plants a person can possess. Possession of recreational marijuana is no longer illegal, but a person cannot drive while under the influence of marijuana. A person is allowed to transport the product with a maximum of 15 grams of recreational cannabis in the form of a recreational extract, but if they carry more, they may face a fine.
For example, if someone possesses 70 to 100 grams of marijuana for recreational purposes, it may be a misdemeanor and potentially result in a fine of up to $150.
Although the product is legal in Ohio, it is still illegal at the federal level. So what happens if you get pulled over? This question is still pretty vague. Entin says if a person is pulled over, they should obey the officer.
“If the police officer stops you and charges you with illegal possession, you may be able to defend yourself legally,” Entin said. “Or if the case goes to court and you make your arguments there, you can argue whether the police officer had probable cause to stop you. You can argue whether you actually had more than the legal amount of marijuana and things like that.”
“There might be questions like, was there reasonable suspicion,” said Lloyd Pierre-Louis, an attorney with Dickinson-Wright Law Firm & Attorneys. “Are there odors and scents coming from your vehicle? Pharmacies only sell packaged products, so some of the typical things you would suspect if someone is pulled over and there might be an odor or smell coming from one of the vehicles shouldn’t be there. Those things are still going to be more traditional at this point. Is it in a packaged form? Is it something you buy at a pharmacy? Are you within the limits?”
Pierre-Louis works a lot on compliance and says Ohio is still evolving in terms of legalizing marijuana for recreational use. He says people must carry government-issued identification when purchasing and smoking is prohibited in certain areas of the state, including school grounds.
Smoking marijuana is also prohibited in indoor public spaces under the state’s smoking ban law.
