Ohio voters have officially legalized recreational cannabis via Issue 2. The ballot initiative passed this evening, November 7.

The state’s vote to legalize cannabis follows several reforms. Ohio lawmakers legalized medical marijuana in 2016. Additionally, 38 Ohio cities have already decriminalized the possession of up to 7 ounces of cannabis. 

In 2015, Ohioans failed to pass a separate legalization initiative, by a vote of nearly two to one.

Read on to learn how legalization in Ohio could unfold. We encourage readers to consider that the state’s legislature reserves the right to modify (or even repeal) the measure; any and all of these provisions could easily change.

When will it be legal to possess weed in Ohio?

The law will “become effective” 30 days after passage. That date will likely apply to possession, but the ballot measure does not specify when adult-use sales will begin.

How much marijuana can I possess in Ohio?

Issue 2 allows adults 21 or older to possess up to 2.5 ounces of cannabis and 15 grams of cannabis concentrate.

Can I smoke a joint in public?

Nope.

Can I grow cannabis at home?

Yes. An individual can grow up to six plants at home, with a maximum of twelve plants per household.

Who will regulate legal growers and sellers?

The state will create a new Division of Cannabis Control within the Ohio Department of Commerce to oversee the nascent industry.

How many weed stores will be allowed?

The state’s 130-odd existing medical marijuana dispensaries will have a green light to sell to recreational customers. Furthermore, the state will license 40 new cultivators and 50 new retailers. The Division of Cannabis Control can issue more licenses two years after they approve this first batch.

Will Ohio offer any equity or small-business licenses?

Yes. The ballot measure dictates that the state will issue new licenses “with a preference to applications who are participants under the cannabis social equity and jobs program.” But it does not quantify but the language in the ballot measure does not specify how many.

Can local towns or counties ban stores?

Towns and counties can ban new stores, but cannot stop existing medical dispensaries from selling to adult-use customers. Towns and counties furthermore cannot impose local taxes on cannabis.

Will Ohio tax marijuana?

Yes. Ohio will add a 10% excise tax to cannabis sales. The state’s 5.75% sales tax, as well as local taxes up to 2.25%, would also apply to cannabis purchases. Ohio would direct 36% of the revenue towards a marijuana social equity and jobs fund.

What about the expungement process?

The measure does not include specific language around automatic expungement, but does require the state to use some cannabis tax revenue to fund reform efforts including expungement.

Missouri scored a whopping $102.9 million in cannabis sales last month, according to data released by the state’s Department of Health and Senior Services. Nearly $72 million of the total sales came from recreational cannabis, with the other roughly $31 million coming from medical sales.

Within hours of flipping the switch to recreational cannabis on Feb. 3, three days earlier than originally planned, Missouri’s 195 legal dispensaries had racked up over $12 million in combined sales revenue. The newly released total for February suggests consumer enthusiasm continued to be strong throughout the month.

$4 million per day in February

“We’re really blown away by the amount of excitement here for adult-use cannabis,” Jack Cardetti, spokesman for the Missouri Cannabis Trade Association, told Leafly. “To see this kind of sales money in the shortest month of the year, and considering rec had only 25 days and a soft launch, it’s a testament to our industry and regulators.”

Recreational cannabis sales, taxed at 6%, brought $4.3 million to state coffers last month while sales of medical weed, taxed at 4%, raised more than $1.2 million.

The state’s previous high for monthly marijuana sales was Dec. 2022, in which the medical-only industry topped $40 million for the first time. Missouri began medical sales in Oct. 2020 and averaged about $33 million in monthly sales revenue last year.

Few lines, plenty of supply

Cardetti, who represents the state’s largest weed lobby, credited Missouri’s existing infrastructure of medical facilities and lessons learned from nearly two dozen other adult-use states for February’s better-than-expected sales numbers. Hardly any Missouri dispensaries reported problems from long lines, supply issues, limited product selection and high prices, all of which have handcuffed other states in recent years.

Missouri’s ‘opt out’ solution is a winner

And unlike many rec states that require counties and municipalities to “opt in” to adult-use sales, Missouri necessitates the opposite. In essence, everyone’s in unless local voters choose to formally reject cannabis sales. Cardetti said having most of its cities in the fold has offered people from across the state — and even neighboring states like Kansas, Kentucky, Tennessee and Arkansas — nearby access to legal cannabis.

“We’ve heard of very, very few local governments that are looking to opt out,” Cardetti said. “And that’s one of the reasons our dispensaries are so evenly spread out.”

Surpassing expectations

Cannabis consultant John Payne served as the campaign manager for Legal Missouri 2022, which championed Amendment 3 to legalize possession of up to three ounces of cannabis flower or its equivalent in other weed produce for all adults age 21 and older. After years of monitoring the two dozen other states to pass rec before the Show-Me State, Payne’s team estimated that Missouri would land between $70 and $80 million in total sales during the first month of rec.

When news of the nearly $103 million tally reached his desk Friday, Payne was pleasantly surprised.

‘There was a lot of pent-up demand’

“I think there was a lot of pent-up demand,” he said. “A lot of people who qualify as patients in Missouri and would be interested in purchasing medical marijuana were hesitant at first because of potential conflicts with gun ownership laws. Rec does away with most of those concerns and I think many people now feel more comfortable with purchasing the plant.”

“To go just 87 days from passing Amendment 3 to making the first recreational cannabis sale was incredible, but to do $100 million in sales during a shortened month is spectacular,” he added. “We put in pretty aggressive timelines to get this program running and it’s been very successful so far, all things considered.”