COLUMBUS, Ohio — Recreational marijuana sales began in Ohio on Tuesday — and this significant development raises a lot of questions. I’m answering them with the help of some legal experts, industry professionals and politicians.
We have received dozens of messages over the last 24 hours via social media, emails, direct messages, calls and texts. I am responding to them.
Can you walk me through the basics of buying?
Consumers must be 21 years old and have a physical ID. Although Ohio just updated its ID rules to allow Apple Wallet, places can still require the in-person version. Attempting to purchase under 21 would result in similar penalties as purchasing alcohol under 21.
You may possess up to 2.5 ounces of marijuana in all forms, except concentrates, of which you may only possess up to 15 grams.
We spent the entire Tuesday in a dispensary, the day the sale of marijuana for recreational use began.
Marijuana sales start on Tuesday. What you need to know
RELATED: Marijuana sales start on Tuesday. What you need to know
Where can I buy it?
Can I buy it on credit?
No. Due to federal banking regulations, many pharmacies only accept cash, but many have ATMs in their stores. Some stores use third-party apps like Spendr to allow phone payments.
Can I smoke in public?
No, you could be charged with a minor offense.
“Marijuana is like drinking 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 either.”
It’s easier to say where you CAN smoke: on private property where it is permitted.
However, according to the Division of Cannabis Control, a private restaurant with a liquor license would also be charged if it allowed the smoking of marijuana.
However, the legal situation is unclear, according to legal experts and politicians. Part of the anti-smoking law states that smoking is prohibited in indoor public spaces; however, there are some exceptions: some outdoor patios, individual rooms in nursing homes or hotels and motels that designate rooms for “smoking.”
Where do the taxes go?
A 10% tax is charged at the point of sale, which benefits municipalities with distribution points.
“We’re going to use this to pave our streets a little more frequently,” Cleveland Heights Mayor Kahlil Seren told me.
36% of the proceeds go to the host communities, 36% goes to the social fund designed to help people disproportionately affected by marijuana laws, 25% goes to drug and addiction services, and 3% goes to the DCC to fund the program.
Are lawmakers trying to change the tax structure to fund law enforcement?
Many Republicans in the Statehouse have floated the idea of changing the Social Security Fund’s funding, possibly giving more to local governments or exclusively to law enforcement agencies in townships.
But Republican Rep. Jamie Callender (D-Concord) is blocking the measure with the support of House leadership. He and others believe they can direct money to law enforcement elsewhere without affecting the vote.
Why are legislators allowed to change voters’ choices?
There are two main ways citizens can put something on the statewide ballot: an initiated bill and a constitutional amendment. The recreational marijuana proposal was an initiated bill, meaning it will be included in the Ohio Revised Code. An initiated bill, or a law, has an easier path to getting on the ballot than a constitutional amendment. Initiated bills can be easily amended, while amendments cannot.
Are convictions for marijuana possession expunged?
There are already ways to expunge or seal previous convictions, which is why this is not explicitly mentioned in the law, Haren said.
“We should look at this and think about what we can do to remove this conviction from her record,” State Senator Rob McColley said in December.
Several lawmakers from both parties are trying to introduce legislation to expunge minor offenses from criminal records.
Why are prices so high and will they go down?
Yes, they will perish.
“Prices will drop as the program launches as more dispensaries open and growers and processors have time to increase product supply,” Haren said.
Demand is high at the moment, but as soon as the hype dies down, prices will also rise.
What happens if I smoke while driving?
You will be prosecuted if you operate a vehicle while under the influence of marijuana. This includes operating a car, a streetcar, a watercraft, an airplane, and even riding a bicycle.
Am I allowed to smoke in a car as a passenger?
No. The law specifically states that you cannot smoke cannabis, vape, or use any other “combustible” cannabis products for recreational use.
The consumption of edible things is not explicitly mentioned.
Can I allow my 18-year-old to smoke under my roof?
No. Unlike in Ohio, parents cannot allow their children to smoke weed.
In case you didn’t know, children and teenagers under the age of 21 are allowed to drink alcohol as long as they are “in the presence” of a parent, guardian or spouse who is over the age of 21.
Which customer data is passed on to the state?
A lot, but there are confidentiality provisions in the law that specify what information the state can and cannot share. It’s similar to how the medical program keeps its records secure. The state can’t share data that could identify someone.
What about the measuring system?
“Ohio’s medical program, in all its wisdom, began by measuring flour in tenths instead of eighths,” Haren explained.
Once the state has completed its remaining regulations, the buds will eventually be sold in eighths, he predicted.
Do I have to hide my weed from my neighbors?
Not if you own your home and live on your own property. Even if you rent and your landlord allows smoking, that’s fine too.
Can I be fired for smoking?
Yes.
“Private property owners have complete control over what happens on their property,” said Jonathan Entin, a law professor at Case Western Reserve University. “Your landlord can prohibit you from smoking marijuana in your apartment.”
Landlords can include a ban on smoking and cultivation in their rental agreements.
Can I be drug tested at work?
Yes.
“Employers can say we don’t want anyone high at work,” Entin said. “The employer can say, ‘I don’t want people high at work, because people who are high, just like people who are drunk, aren’t going to do their job.'”
The law states that employers can continue to conduct drug tests and must not have a tolerance policy.
Do you have any further questions?
Email me at [email protected] with the subject “Marijuana Questions.”
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