COLUMBUS, Ohio — Recreational marijuana sales started Tuesday in Ohio — and with this major development comes a lot of questions. I break them down with the help of some legal experts, industry professionals and politicians.
We received dozens of messages over the past 24 hours over social media, email, direct messages, calls and texts. I’m answering them.
Can you give me the basics of buying?
Consumers must be 21 years old and have a physical ID. Although Ohio just updated our ID rules to allow for Apple Wallet, places may still want the in-person version. Trying to buy underage would result in penalties similar to buying alcohol under 21.
You can have up to 2.5 ounces of marijuana in all forms except for concentrates, which you can only have up to 15 grams.
We spent the entire day with a dispensary on Tuesday, the day recreational sales started.
Marijuana sales begin Tuesday. Here’s what you need to know
RELATED: Marijuana sales begin Tuesday. Here’s what you need to know
Where can I buy it?
Can I buy it with credit?
No. Many dispensaries only take cash due to federal banking regulations, but plenty have ATMs at their stores. Some shops use third-party apps like Spendr to pay via phone.
Can I smoke in public?
No, you could get a minor misdemeanor.
“Marijuana is just like consuming beer in public,” Ohio Cannabis Coalition’s Tom Haren said. “If you can’t smoke a cigarette somewhere, you can’t smoke a joint there.”
It’s easier to say where you CAN smoke: private property that allows it.
That being said, a private restaurant that has a liquor license would be cited if it allowed weed smoking, according to the Division of Cannabis Control.
The law is unclear, though, according to legal experts and politicians. Part of the anti-smoking law states that the act is banned from public indoor 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?
There is a 10% tax at the point of sale that will benefit communities with dispensaries.
“We’re gonna use that to help pave our streets a little bit more frequently,” Cleveland Heights Mayor Kahlil Seren told me.
Of the revenue, 36% goes to the host communities, 36% to the social equity fund, which would help people disproportionately impacted by marijuana-related laws, 25% goes to substance abuse 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 Statehouse Republicans have floated the idea of changing how much goes to the social equity fund, potentially giving more to local governments or strictly to the law enforcement agencies in townships.
However, state Rep. Jamie Callender (R-Concord) has been blocking this effort with the help from House leadership. He and others believe they can give money to law enforcement elsewhere and not take away from what the voters chose.
Why are the lawmakers allowed to change what the voters chose?
There are two main ways citizens can get something on the statewide ballot: an initiated statute and a constitutional amendment. The recreational marijuana proposal was an initiated statute, which means it goes into the Ohio Revised Code. An initiated statute, or a law, has an easier process of making it to the ballot than a constitutional amendment. Initiated statutes can be easily changed, while amendments cannot.
Will marijuana convictions be expunged?
There are already opportunities to expunge or seal prior convictions, which is why it isn’t mentioned explicitly in the statute, Haren said.
“We should look at that and see what we can do to remove that conviction from their record,” state Sen. Rob McColley said back in December.
Several lawmakers on each side of the aisle are trying to put legislation forward to expunge minor misdemeanors.
Why are prices so high, and will they go down?
Yes, they will go down.
“The prices when the program launch go down as more dispensaries open up as cultivators and processors have time to increase supply of products,” Haren said.
The demand is hot right now, but once the hype dies down, so will the prices.
What happens if I smoke while I drive?
You will get a criminal charge if you are operating a vehicle while under the influence of marijuana. This includes driving a car, trolley, watercraft, aircraft, and even riding a bike.
Can I smoke as a passenger in the car?
No. The law specifically says you can’t smoke, vape, or use any other “combustible” adult-use cannabis product.
It doesn’t explicitly mention eating edibles.
Can I allow my 18-year-old to smoke under my roof?
No. Unlike Ohio’s alcohol provision, parents cannot give consent to their children to smoke weed.
If you didn’t know, kids and teens under 21 are allowed to drink alcohol as long as they are “in the presence” of their parent, legal guardian or spouse who is over 21.
What customer data is being shared with the state?
A lot of it, but there are confidentiality provisions in the statute that govern what information the state can and can’t share. This is like how the medical program keeps its records safe. The state isn’t allowed to share any data that could identify someone.
What’s with the measuring system?
“Ohio’s medical program, in all of its wisdom, started by measuring flower in tenths instead of eighths,” Haren explained.
As the state finalizes the rest of its rules, flower 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 are staying on your own property. Also, if you rent and your landlord allows smoking, that is fine, too.
Can I be evicted for smoking?
Yes.
“Private property have broad control over what happens on their property,” Case Western Reserve University law professor Jonathan Entin said. “Your landlord can say you don’t smoke marijuana in the apartment.”
Landlords can put a prohibition on smoking and growing in their leases.
Can I be drug tested at work?
Yes.
“Employers can say we don’t want you high at work,” Entin said. “The employer can say, ‘I don’t want people high at work because people who are high, like people who are drunk, will not do their jobs.”
The statute says that employers can still drug test and have no tolerance policies.
Have more questions?
Email me at Morgan.Trau@wews.com with the subject line ‘Marijuana questions.’
We Follow Through
Want us to continue to follow through on a story? Let us know.
Follow WEWS statehouse reporter Morgan Trau on Twitter and Facebook.
