Understanding Ohio’s Next Steps After Legalizing Recreational Cannabis

November 9, 2023 | Cannabis Law Updates

Article by: Counsel Jim Ickes

Ohio has reached a pivotal moment in its history, joining 23 other states in legalizing recreational marijuana for adults over the age of 21. The passage of Issue 2 marks a significant shift in the state’s approach to cannabis, reflecting changing attitudes and paving the way for a new legal and regulatory landscape.

Implementation Timeline

As of now, the clock is ticking. The new law swings into action 30 days after Election Day, kicking off a critical rule-making and planning phase. The Division of Cannabis Control has the considerable task of outlining the intricacies of cannabis sales and distribution. With a nine-month deadline to develop regulations and commence the issuance of licenses, the focus is on establishing a well-regulated market.

Impact on Purchase and Possession

In Ohio, adults can soon legally purchase and possess up to 2.5 ounces of cannabis. Additionally, the legislation opens the door for individuals to cultivate cannabis plants at home, subject to regulatory limits and guidelines. This provision is a win for personal liberty and a new hobbyist market.

Taxation and Revenue Allocation

Financial implications are at the forefront, with a 10% tax imposed on cannabis sales. This revenue is earmarked for covering administrative costs, supporting addiction treatment, aiding municipalities with dispensaries, and contributing to social equity and job programs. This approach intends to foster a socially responsible and economically beneficial cannabis industry.

Workplace Implications

Yet, with new freedoms come boundaries. The law doesn’t shield employees who use marijuana. Ohio businesses maintain the right to drug testing and enforce workplace policies regarding cannabis consumption. This is particularly pertinent in fields where safety and precision are paramount, such as healthcare and law enforcement, which may implement more rigorous testing protocols.

DUI Laws and Road Safety

Driving under the influence remains a serious offense in Ohio. As the law takes effect, an uptick in traffic stops and DUI enforcement is anticipated. Officers are expected to receive additional training to accurately identify and handle cases of drug-impaired driving, maintaining road safety as a top priority.

Ohio State Highway Patrol’s Readiness

In response, the Ohio State Highway Patrol is diligently reviewing the new statute and preparing to issue updated guidance. With troopers already adept at recognizing signs of drug impairment, the force is gearing up to enforce these new laws, ensuring the safety of Ohioans on the roadways.


The passage of Issue 2 is just the beginning. Educating the public on the nuances of the new laws will be crucial as Ohio transitions into this new era of legalized recreational cannabis. Our firm is closely monitoring these developments and stands ready to offer expert legal advice and assistance as the state navigates these changes.