Is Weed Legal in Ohio? (2026)

Instrument

Adult-use possession limits, home grow and public use; over-limit possession penalty

Source

https://codes.ohio.gov/ohio-revised-code/section-3796.221

Retrieved

2026-11-07

Fingerprint

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R.C. 3796.221 Rights of adult-use users.

(A) Notwithstanding any conflicting provision of the Revised Code, an adult-use consumer who obtains adult-use marijuana from a licensed dispensary may do all of the following:
 (1) Use adult-use marijuana;
 (2) Possess adult-use marijuana, subject to division (B) of this section;
 (3) Possess any paraphernalia or accessories that may be used in the administration of adult-use marijuana as specified in rules adopted under section 3796.03 of the Revised Code;
 (4) Transfer adult-use and homegrown marijuana to another adult-use consumer if all of the following apply:
 (a) The transfer is without remuneration.
 (b) The amount transferred to the same adult-use consumer in the same day does not exceed either of the following:
 (i) Two and one-half ounces of plant material, excluding any seeds, live plants, or clones being cultivated, grown, or possessed in accordance with section 3796.04 of the Revised Code;
 (ii) Fifteen grams of extract.
 (c) The transfer occurs at privately owned real property that is used primarily for residential or agricultural purposes, including any dwellings, facilities, improvements, and appurtenances on such real property.
 (B) No person shall knowingly possess more than the following cumulative amounts of homegrown marijuana and adult-use marijuana:
 (1) Two and one-half ounces of plant material, excluding any seeds, live plants, or clones being cultivated, grown, or possessed in accordance with section 3796.04 of the Revised Code;
 (2) Fifteen grams of extract.
 (C) Except as expressly authorized under division (A)(4) of this section, no person other than a license holder shall knowingly give, sell, or transfer adult-use or homegrown marijuana to any other person, with or without remuneration.
 (D) Subject to divisions (B) and (C) of this section, an adult-use consumer is not subject to arrest or criminal prosecution for engaging in any of the activities described in division (A) of this section.
 (E) This section does not authorize an adult-use consumer to operate a vehicle, streetcar, trackless trolley, watercraft, or aircraft while under the influence of marijuana.

R.C. 3796.04 Home grow.

(A) Notwithstanding any conflicting provision of the Revised Code, an adult-use consumer may do all of the following:
 (1) Cultivate, grow, and possess homegrown marijuana plants at the adult-use consumer’s primary residence, if all of the following apply:
 (a) Not more than six homegrown marijuana plants are cultivated or grown by each adult-use consumer;
 (b) Not more than twelve homegrown marijuana plants are cultivated or grown at a single residence;
 (c) Cultivation or growing of homegrown marijuana takes place only within a secured closet, room, greenhouse, or other enclosed area in or on the grounds of the residence that prevents access by individuals under twenty-one years of age, and which is not visible by normal unaided vision from a public space;
 (d) Cultivation or growing of homegrown marijuana does not take place at a residence that is any of the following:
 (i) A type A family child care home or type B family child care home, as those terms are defined in section 5104.01 of the Revised Code;
 (ii) A halfway house, community transitional housing facility, community residential center, or other similar facility licensed by the division of parole and community services under section 2967.14 of the Revised Code;
 (iii) A residential premises occupied pursuant to a rental agreement that prohibits the activities otherwise authorized by this section.
 (2) Process homegrown marijuana by manual or mechanical means.
 (3) Store homegrown marijuana and adult-use marijuana at the adult-use consumer’s primary residence.
 (4) Use homegrown marijuana grown, cultivated, and processed at the adult-use consumer’s primary residence ;
 (5) Possess any paraphernalia or accessories that may be used in the administration of adult-use marijuana or homegrown marijuana.
 (B) This section does not authorize any person to:
 (1) Cultivate, grow, or process homegrown marijuana except at the person’s primary residence;
 (2) Use, cultivate, process, transfer, or transport adult-use marijuana or homegrown marijuana before reaching twenty-one years of age;
 (3) Process homegrown by hydrocarbon-based extraction;
 (4) Sell, or profit from, homegrown marijuana;
 (5) Cultivate, grow, or possess homegrown marijuana on behalf of another person.
 (C)(1) No person shall knowingly cultivate, grow, or possess homegrown marijuana in a manner that violates division (A) of this section :
 (2) No person shall knowingly consume adult-use marijuana or homegrown marijuana in a public place ;
 (3) No person operating a public place shall knowingly permit the consumption of adult-use marijuana or homegrown marijuana in that public place.
 (D) Subject to division (B) of this section and divisions (B) and (C) of section 3796.221 of the Revised Code, an adult-use consumer shall not be subject to arrest or criminal prosecution for cultivating, growing, possessing, processing, storing, or using homegrown marijuana, or possessing paraphernalia or accessories that may be used in the administration of adult-use or homegrown marijuana, in accordance with division (A) of this section.
 (E) This section does not authorize an adult-use consumer to operate a vehicle, streetcar, trackless trolley, watercraft, or aircraft while under the influence of marijuana.

R.C. 3796.99 Penalty, division (D).

(D) Whoever violates division (B) of section 3796.221 of the Revised Code is guilty of possession of marijuana under section 2925.11 of the Revised Code.

R.C. 2925.11 Possession of drugs, division (C)(3).

(3) If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates division (A) of this section is guilty of possession of marihuana. The penalty for the offense shall be determined as follows:
 (a) Except as otherwise provided in division (C)(3)(b), (c), (d), (e), (f), or (g) of this section, possession of marihuana is a minor misdemeanor.
 (b) If the amount of the drug involved equals or exceeds one hundred grams but is less than two hundred grams, possession of marihuana is a misdemeanor of the fourth degree.
 (c) If the amount of the drug involved equals or exceeds two hundred grams but is less than one thousand grams, possession of marihuana is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
 (d) If the amount of the drug involved equals or exceeds one thousand grams but is less than five thousand grams, possession of marihuana is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
 (e) If the amount of the drug involved equals or exceeds five thousand grams but is less than twenty thousand grams, possession of marihuana is a felony of the third degree, and there is a presumption that a prison term shall be imposed for the offense.
 (f) If the amount of the drug involved equals or exceeds twenty thousand grams but is less than forty thousand grams, possession of marihuana is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term of five, six, seven, or eight years.
 (g) If the amount of the drug involved equals or exceeds forty thousand grams, possession of marihuana is a felony of the second degree, and the court shall impose as a mandatory prison term a maximum second degree felony mandatory prison term.