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Patrick Higgins

senior policy counsel

he/him/his

We’ve rolled into April once again and our team is hard at work making sure you know the state of Ohio’s adult-use cannabis laws. To be blunt, they haven’t improved. While the cannabis industry continues to see flowers, Ohio cannabis consumers aren’t seeing green in the same way. Since the passage of Issue 2 in 2023, state lawmakers have taken the torch to key provisions that the ACLU of Ohio considers the gold-standard: policy that both legalizes and repairs the harms of past cannabis criminalization.

It’s true that Ohioans who are 21 and older can still legally possess cannabis within the state. But lawmakers weren’t so high on voter-approved measures like the cannabis social equity and jobs program or key legal protections against adverse actions because of cannabis use. Those went up in smoke with other important policies. Despite clear voter support for spending cannabis tax dollars on repairing the harms of past criminalization, most cannabis excise tax dollars are now funneled into the state’s general revenue fund, meaning those same lawmakers undermining the will of voters are deciding where their money is better spent. Further, Ohio lawmakers removed key protections for adult-use cannabis consumers from adverse actions based on cannabis consumption such as disqualification from a transplant waiting list and allocation of parental rights.

Ohioans should also be aware that there are new rules about what cannabis they can possess and how they transport it. It is now unlawful to possess cannabis from the illicit market and out-of-state dispensaries. While Ohio’s prohibition of driving under the influence and smoking in public are nothing new, people traveling in vehicles should be aware that it is now unlawful to smoke, vaporize, or otherwise combust cannabis as a passenger in a vehicle. Drivers should note that cannabis transported in their vehicle should be in its original, unopened packaging or in one of the following places: in the vehicle’s trunk; behind its last upright seat; or in an area not normally occupied by the driver or passengers and not easily accessible by the driver. Ohio law now also requires that edible cannabis products be kept in their original packaging at all times that they are not in use.

Wondering what’s left after an extensive legislative trim? You can find answers to frequently asked questions about Ohio’s cannabis laws here: https://www.acluohio.org/app/uploads/2024/09/FAQ_KYR_Cannabis_260415.pdf.

Jointly, legalize and repair are the goal. Please join us in our ongoing pursuit of good cannabis policy and follow along here: https://www.acluohio.org/issues/legalize-and-repair.

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