Cannabis Laws in Ohio (2026): Big Changes Are Here
Ohio’s cannabis laws just got a major overhaul. Seriously. If you use marijuana in Ohio, you need to know about these changes. They affect where you can smoke, what you can buy, and even how you transport it in your car.
Let’s break down exactly what you need to know.
What’s Legal in Ohio Now?
Ohio voters legalized recreational marijuana in November 2023. Sales started in August 2024. In the first year alone, Ohioans spent over $702 million on recreational cannabis.
But here’s the deal. The state legislature just passed Senate Bill 56 in December 2025. Governor Mike DeWine signed it into law. It takes effect in March 2026.
This new law changes a lot of what voters originally approved.
Who Can Use Cannabis in Ohio?
You must be 21 or older. That part hasn’t changed. Adults can legally buy, possess, and use cannabis.
Medical marijuana patients can be any age with qualifying conditions. Cancer, chronic pain, PTSD, and glaucoma are just a few examples. You need a valid registration card from Ohio’s Medical Marijuana Control Program.
How Much Cannabis Can You Possess?
Here’s what adults 21 and over can legally have:
Up to 2.5 ounces of cannabis flower or plant material. That’s your daily purchase limit from dispensaries too. You can also possess up to 15 grams of cannabis extracts or concentrates.
Wait, there’s a catch. Under the new law, your cannabis must come from Ohio dispensaries or your own legal home grow. Products from other states are now illegal to possess in Ohio.
Yep, you read that right. Even if you bought it legally in Michigan, you can’t bring it to Ohio anymore.
Where You Can Buy Cannabis
Only licensed dispensaries can sell cannabis. The new law caps the total number at 400 dispensaries statewide. There must be at least one mile between each dispensary.
Dispensaries can’t be within 500 feet of schools, churches, playgrounds, or parks. Some cities and towns have banned dispensaries entirely. As of October 2025, 130 municipalities had prohibited recreational marijuana businesses.
You can check if your area allows dispensaries by contacting your local government.
Growing Cannabis at Home
Good news here. Home growing is still legal. You can grow up to six plants per adult. Maximum of 12 plants total per household.
Plants must be at your primary residence. That means the place where you actually live and plan to return to. You can’t grow cannabis at a rental property if your lease prohibits it. Growing at childcare facilities is also banned.
Don’t grow plants for someone else. That’s illegal. You can only grow for yourself.
Hold on, this part is important. If you exceed the plant limits, you face criminal charges. Growing more than six plants per person or 12 per household can range from a misdemeanor to felony charges. The penalties depend on how many extra plants you have.
Where You Can Use Cannabis
This is where things get strict. Really strict.
You cannot use cannabis in any public place. Not even edibles or gummies. The old law treated smoking cannabis like tobacco. You could eat gummies in public.
Not anymore.
Public places include sidewalks, parks, bars, restaurants, and outdoor patios. Basically anywhere the public can access. You can only use cannabis on private property with permission.
Using cannabis in public is a minor misdemeanor. That means a fine up to $150. Medical marijuana patients face the same restrictions for smoking or vaping in public.
Driving and Cannabis
Never drive under the influence of cannabis. That’s always been illegal. Ohio has “per se” laws that make it unlawful to drive with certain THC levels in your system.
The limits are two or more nanograms of THC. Five or more nanograms of THC metabolite when combined with alcohol or other drugs.
You also can’t smoke or vape cannabis in a vehicle. Even as a passenger. That’s a minor misdemeanor with a $150 fine.
Here’s something new. All opened cannabis products must stay in your trunk. No trunk? Put them behind the last upright seat. This includes vaporizers, edibles, and any marijuana paraphernalia.
Keep products in their original packaging when transporting them. A vape in your purse or gummies in your backpack could get you cited.
Honestly, these transportation rules are confusing. What about buses or taxis? Nobody seems certain how enforcement will work.
THC Potency Limits
The new law reduces how strong cannabis products can be. Adult-use extracts and concentrates are now capped at 70% THC. They used to go up to 90%.
Cannabis flower is limited to 35% THC maximum. Edibles are restricted to 10 milligrams of THC per serving. Maximum of 100 milligrams per package.
These limits don’t apply to medical marijuana patients. They can still access higher-potency products with a valid registration card.
Hemp Products and Delta-8
Major changes here. All “intoxicating hemp” products are now banned outside licensed dispensaries. This includes delta-8 THC, delta-10 THC, and hemp-derived edibles.
The federal government closed the hemp loophole in November 2025. Products with more than 0.4 milligrams of total THC per container are now classified as marijuana.
Ohio followed suit. Gas stations, smoke shops, and convenience stores can no longer sell these products. Only licensed dispensaries can.
THC-infused beverages? Governor DeWine vetoed the provision that would have allowed them temporarily. They’re completely illegal to sell now.
This put thousands of hemp businesses out of business literally overnight.
What About Paraphernalia?
Cannabis paraphernalia includes pipes, vaporizers, grinders, and packaging. You can legally own and use paraphernalia. But the Division of Cannabis Control now decides what equipment is approved.
Anything not on their approved list could be restricted. This gives regulators more control over what devices you can buy or possess.
Paraphernalia must also be stored in your trunk when driving. Same rule as the cannabis products themselves.
Penalties for Breaking the Law
Most violations are minor misdemeanors. That means fines up to $150. Using cannabis in public? $150 fine. Improper storage in a vehicle? $150 fine.
Possessing cannabis from out of state? Minor misdemeanor. Same for transporting marijuana not in its original packaging.
But some violations are more serious. Growing more than the allowed number of plants can be a felony. The charges depend on how many plants you have.
Possessing large amounts is also serious. Here’s the breakdown:
100 to 200 grams: Fourth-degree misdemeanor. Up to 30 days in jail and a $250 fine. 200 to 1,000 grams: Fifth-degree felony. Up to one year in prison and a $2,500 fine. 1,000 to 20,000 grams: Third-degree felony. Up to three years in prison and a $10,000 fine.
Amounts over 20,000 grams carry even harsher penalties. We’re talking mandatory minimum sentences and fines up to $15,000.
Taxes on Cannabis
The tax rate stays the same. Adult-use cannabis has a 10% excise tax. Add regular state and local sales taxes. Total tax burden runs between 15.25% and 17.5%.
Medical marijuana has lower taxes. That’s one benefit of getting a medical card.
Here’s something good. The new law sends 36% of adult-use marijuana tax revenue to cities and townships with dispensaries. That money goes straight to local communities.
Employment and Cannabis
Ohio doesn’t provide employment protections for cannabis users. Your employer can fire you for using marijuana. Even if you use it legally off the clock.
Drug testing is still allowed. Only three states protect employees from being fired solely for having THC metabolites in their system. Ohio isn’t one of them.
Medical Marijuana in Ohio
The medical program started in 2016. Sales began in January 2019. Patients with qualifying conditions can register with the state program.
Qualifying conditions include cancer, seizures, glaucoma, chronic pain, PTSD, and many others. You need a certified physician to recommend medical marijuana. They’ll create your profile in the patient registry.
Medical patients can buy a 90-day supply from dispensaries. They’re not subject to the same daily limits as recreational users. Medical patients also avoid some of the higher taxes.
Expungement of Old Convictions
Good news if you have an old marijuana conviction. The new law allows expungement for offenses that are now legal. If you were convicted of possessing amounts that are legal today, you can apply to clear your record.
This applies to marijuana possession convictions or guilty pleas. The process isn’t automatic though. You need to petition the court.
What Happened to the Social Equity Program?
The original voter-approved law included a Cannabis Social Equity and Jobs Program. It would have helped people negatively impacted by marijuana enforcement.
The new law eliminated this program entirely. No financial assistance. No support for license applications. That funding is gone.
Many advocates criticized this change. They say it goes against what voters wanted.
Local Control
Cities and towns can prohibit dispensaries. But they can’t ban existing medical marijuana facilities or certain adult-use operations. Localities had 120 days from when a dispensary license was issued to vote on prohibition.
Over 130 municipalities have banned recreational marijuana businesses. Check with your local government to see if dispensaries are allowed in your area.
Federal Law Still Matters
Don’t forget. Marijuana remains illegal under federal law. It’s still a Schedule I controlled substance. Federal property and federally funded locations prohibit marijuana.
This includes university campuses, federal buildings, and airports. Possessing marijuana at an airport is a federal crime. You could face up to one year in jail and a $1,000 fee.
Crossing state lines with marijuana is also a federal offense. Even if both states have legalized it.
When Does the New Law Take Effect?
Senate Bill 56 takes effect 90 days after Governor DeWine signed it. He signed it on December 19, 2025. That means the law kicks in around March 2026.
Some changes happen immediately. Others phase in over time. The intoxicating hemp ban goes into effect right away.
Common Misconceptions
Let me clear up some confusion. Many people think they can still use edibles in public. Wrong. The new law bans all cannabis consumption in public places.
Some folks assume products from Michigan are fine. Nope. Only Ohio-sourced cannabis is legal to possess.
Others believe landlords can’t restrict marijuana use. Actually, landlords can prohibit smoking and vaping in rental agreements. They can also ban home growing entirely.
What Advocates Are Saying
Not everyone is happy with these changes. Cannabis advocacy groups are furious. They say Senate Bill 56 goes against the will of voters.
Ohioans for Cannabis Choice is launching a referendum campaign. They want voters to decide on the new restrictions. The group calls it “government overreach” that re-criminalizes hemp and marijuana.
NORML, the National Organization for the Reform of Marijuana Laws, says the bill strips civil protections from cannabis consumers. Their political director called it a “re-criminalization bill.”
On the other hand, supporters say the law protects children. It bans products that look like candy. It keeps cannabis advertising away from schools and churches.
What You Should Do
Stay informed. The rules are changing fast. Keep up with your local laws too.
If you use cannabis, follow the new transportation rules. Keep everything in your trunk. Store products in original packaging.
Don’t use cannabis in public. Even edibles. The fines add up quickly.
Consider getting a medical marijuana card if you qualify. Medical patients get some benefits like higher potency products and lower taxes.
Looking Ahead
Ohio’s cannabis landscape is still evolving. The industry is young. Sales only started in August 2024. The market brought in nearly $1 billion in the first year.
More changes could come. Federal law might shift. State legislators could make more adjustments. Public opinion continues to change.
The referendum campaign could put some restrictions back to a vote. We’ll see how that plays out.
Frequently Asked Questions
Can I still grow cannabis at home in Ohio?
Yes. Adults can grow up to six plants. Maximum of 12 plants per household. Must be at your primary residence. Landlords can prohibit it in rental agreements.
Is it illegal to use edibles in public now?
Yes. The new law bans all cannabis consumption in public places. This includes edibles, gummies, and drinks. Violations result in a $150 fine.
Can I bring cannabis from Michigan to Ohio?
No. It’s now illegal to possess cannabis that wasn’t purchased in Ohio or grown legally at home. This applies even if you bought it legally in another state.
Where must I store cannabis in my car?
In the trunk. If your vehicle has no trunk, put it behind the last upright seat. This includes opened products and paraphernalia. Everything must stay in original packaging.
Are hemp products like delta-8 still legal?
Not outside licensed dispensaries. All intoxicating hemp products must be sold through licensed marijuana dispensaries. Gas stations and smoke shops can no longer sell them.
Final Thoughts
Ohio’s cannabis laws are stricter now than what voters originally approved. The changes take effect in March 2026. Public use is banned. Transportation rules are tougher. Out-of-state products are illegal.
But home growing is still allowed. Dispensaries are open. Adults can legally buy and possess cannabis.
Know the rules. Follow them. Stay safe. And when in doubt, ask a lawyer or check with the Division of Cannabis Control.
The cannabis industry in Ohio is here to stay. The rules might keep changing. But now you know where things stand heading into 2026.