Adult Use Cannabis Legalization Update: Legal sales started August 6th

Ohio employers will soon see their employees be able to purchase adult-use  marijuana when dispensaries open.

While proposed revisions from both the Ohio Senate and House remain stalled and the Legislature is now on break, the Division of Cannabis Control continues its rule-making process to create the administrative framework for the legal sale of adult use marijuana.

The state is required to approve dual-use licenses for medical marijuana operators by September. Some industry insiders predict sales will start sooner.  The Division began accepting applications last month from medical marijuana businesses that want to participate in the adult-use market.

As of July 19, the state had issued over 100 provisional dual-use licenses to dispensaries and over 70 to either cultivators, processors or testing labs. Before the Division can approve these Dual-use Licensed Dispensaries, the provisional licensees will have to pass a test to show they can properly distinguish and sell medical and adult-use products. Division officials have said the turnaround depends on how quickly applicants can meet the various requirements.

What does this mean for employers?
Ohio’s adult use cannabis law allows a dispensary customer to purchase 2.5 ounces of dried flower per day. Of the 24 states that have fully legalized marijuana for adult use, 16 limit purchase to 1 ounce. Only 4 allow a daily purchase of 2.5 ounces or more (Ohio, Michigan, Maine, New York). The limits on concentrates and extracts varies considerably and is more complex.

So how much marijuana is 2.5 ounces of dried flower?

According to Leafly, a website focused on cannabis use and education since 2010, one full ounce of cannabis, which is 28 grams, can roll nearly 60 joints or pack upwards of 100 pipe/bong bowls. Therefore, 2.5 ounces of cannabis, is 70 grams, and can roll about 150 joints or pack 250 bowls per day.

Putting these possession amounts together with the high potency minimums discussed in the June 2024 issue of Wayfinder poses some real concerns for Ohio’s employers. It is unclear if the Statehouse will address the potency limits or possession limits when they reconvene – which could be months after dispensaries begin opening. The Statehouse is now on break for at least the rest of the summer, and likely will not reconvene until November (per the Session Schedule on their website).

With dispensary openings around the corner, if you have not reviewed your existing policy and confirmed that it reflects your intended stance on marijuana, this is the time.

Remember, at this time, the current law as passed by the voters still supports employers in your decision to implement and maintain your current drug-free workplace policies and practices around the use, possession and distribution of marijuana. 

Working Partners® will continue to remain diligent in following reputable sources for the most accurate and up-to-date information to ensure that YOU are supported and accurately informed of the ever-changing Ohio Adult Use Cannabis Law!

Continue to stay alert to upcoming updates and information from Working Partners®, and of course call for support with any immediate issue or incident.