When Ohio voters approved adult-use cannabis in November 2023, it opened doors to safer access—but also created some new gray areas. With dispensaries now operating in every major city, many Ohioans are asking: where exactly can I buy cannabis legally?
The short answer, according to James Crawford, spokesperson for Ohio’s Division of Cannabis Control (DCC), is simple: “Cannabis may only be purchased legally from a licensed dispensary.”
That might sound straightforward, but scroll through Reddit or chat with new patients and you’ll quickly see the confusion. Users wonder whether vape shops selling Delta-8 and intoxicating hemp are the “real thing” or not. Some are selling their homegrown flower at farmers’ markets and plans for “Cannabis Cup” competitions are in the works. Others have noted concerns about cannabis events and festivals and what may or may not be sold there.
What Choices to Patients and Consumers Have in Ohio?
Until last year, only Ohioans with their medical card could access cannabis. Now, with home grow permitted and licensed adult-use dispensaries thriving, medical patients using cannabis for relief face a new question: where can I go for it?
Who Can Call Themselves a Dispensary?
One of the biggest questions about cannabis in Ohio right now is how to tell if the shop you’re going into is state-licensed. Crawford explained, “While there are no specific laws that prohibit an unlicensed business from calling itself a dispensary, some of these retail locations are likely in violation of the consumer protection laws as they relate to false advertising.”
Crawford told us that “DCC maintains that unlicensed and unregulated intoxicating hemp sales continue to represent a clear and present danger to the public and all available action should be taken to prevent these dangerous and untested products from reaching consumers, especially children, who are able to purchase these items and, as a result, are ending up in emergency rooms.”
All legally-produced cannabis in Ohio must be sourced from seed-to-sale within the state and be tracked digitally through the process, including proper labeling and passing testing by a state-approved lab. Beyond a DCC seal that appears on the door of licensed dispensaries, it can be difficult for the average consumer to tell whether you’re in a legitimate cannabis retail dispensary or not. Furthermore, once inside, it can be difficult to tell where the products in that retailer’s shop are sourced.
Unlicensed Sellers: “Gas Station Weed” and Hemp-Derived THC
Buying from unlicensed sellers might be convenient, but Crawford points out the dangers: “Cannabis and cannabis products sold outside of a dispensary licensed by the DCC may contain harmful contaminants and are not tested or tracked like products from licensed dispensaries. Unlicensed stores have no oversight, which means the state cannot guarantee the quality, safety, or legality of those products.” In May, an Ohio cannabis industry professional wrote this editorial about the risks of “gas station” weed.
The industry appears to be fighting back. In Pennsylvania, medical cannabis licensee Jushi recently filed suit against hemp retailers, citing unfair practices. The lawsuit names 10 distribution companies and online retailers based in California, Florida, Maryland and Texas as well as Pennsylvania, the Inquirer reported.
Where hemp-derived cannabis products can be sold at outlets around Ohio, they are still operating via a loophole in the US Farm Bill which erroneously isolated “<0.3% THC” as the definition of “hemp” versus “marijuana”.
Hemp programs are being re-examined both in various states and nationally. In Ohio, advocates expect to see attempts to further restrict hemp when legislators return to the Statehouse in coming weeks. A Town Hall event will take place this Saturday in Columbus to discuss the proposed changes.
Home Grow Woes
When Ohio legalized cannabis home growing, it raised a lot of questions. The biggest among those eagerly anticipating the change was, “How do I start?” Businesses have popped up around Ohio offering seeds and clones for home growers to begin their journey. But those are not legal, according to DCC: “Pursuant to the voter approved statute in November 2023, licensed dispensaries are the only entities that may sell cannabis seeds and clones,” Crawford told MedicateOH.
Interestingly, no licensed dispensaries are yet carrying seeds and clones, although they may soon. As with the recent addition of pre-rolls to the Ohio market, it took some time for the regulations to be put in place. That may be why patients and consumers haven’t yet seen seeds and clones in dispensaries.
Crawford also clarified that one of the most important aspects of home grow and personal possession laws is that any “gift” transfer must be without remuneration (i.e. without payment or compensation) and not be advertised to the public.
Sharing small amounts with another adult is fine—but exchanging money or “donations” is trafficking in the eyes of Ohio law. Under Chapter 2925 of the revised code, penalties range from a $150 ticket for minor possession all the way up to felony charges carrying years in prison for large-scale unlicensed sales.
Home growers are permitted six plants per person (12 per household). It must be locked and out of sight if outside. Transferring up to 6 plants to a non-medical adult consumer is permissible; however, it is prohibited to receive payment for the plants or to advertise or promote such transfers to the public.
Up-Front Costs and No Guarantees
While home growing might sound appealing, it can come with upfront costs, months of work, and no guarantees. One crop lost to mold or pests can leave you with nothing to show for.
And even if a harvest is successful, the medicinal value may not match expectations. Strain genetics, growing conditions, and curing methods all impact how therapeutic the flower ultimately is. By contrast, dispensaries provide guaranteed quality and a wider selection than a home grower could ever reasonably maintain.
That said, many people enjoy growing cannabis as a hobby. They enjoy the freedom to not be tracked or recorded making their purchases, the way they would at a dispensary. But home growers should know they still are at risk, especially if they go outside the strict regulations the state has set forth regarding home growing. Several reports of police checks on plants, including by helicopter, have been reported this year in Ohio. Where no tickets have been issued, according to Reddit, police have handed out warnings.
In Ohio, you may only grow if you own your home or are permitted to do so there by the homeowner. Renters should check their lease agreements, but typically you cannot grow if you are a renter. Growing cannabis is still federally illegal and additional risks still apply, even under Ohio state rules. All other Ohio home growing rules can be found at ORC 3780.29.
Unsanctioned Cannabis Events: Risks of Attending, Buying
Transactions outside the regulated system of a licensed dispensary also carry personal risk. Private sellers typically don’t have a way to return products if they aren’t what you expected.
Cannabis-themed events have popped up all over Ohio, ranging from educational expos and meetups, to farmers’ markets and Cannabis Cups, to commerce and culture events where cannabis is openly being sold. Using caution is important when attending events that may not be operating within the scope of the law. When unsanctioned by property owners, their communities, or the DCC, cannabis events may be targeted by enforcement officials or raided.
Can your favorite Ohio licensed cannabis brands participate in events? Yes, although they cannot sell anything outside a dispensary–so their booths are just for information and education. Said Crawford: “DCC licensees are permitted to participate in events, but any participation must be compliant with the law and the Division’s advertising rules.”
Protecting Patients and Families
Another reason medical patients may want to stick with the regulated system: legal protections. Recent court rulings also upheld gun ownership rights for medical cannabis patients, while adult-use consumers’ 2A rights remain murky. Holding a medical card can also provide key evidence of need in a variety of legal and job-related situations, including divorce, child custody, workers’ compensation and parolees.
Add in the lower taxes, shorter lines, and steep discounts many dispensaries offer cardholders, and the medical program still carries major benefits despite plummeting membership.
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Have a question or comment on the legal progress of cannabis in Ohio? Email us at medicateoh@gmail.com.
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