With the legalization of adult-use cannabis in Ohio, many residents and consumers have questions regarding growing their own cannabis plants at home. This guide aims to answer some of the most common questions and provide clear guidelines to ensure compliance with Ohio state regulations.
Can I Grow Cannabis in my Home?
Yes, adults over the age of 21 in Ohio may cultivate up to 6 cannabis plants at the individual’s “primary residence,” with a total limit of 12 plants per household.
Cultivation or growing of cannabis may only take place within a secured closet, room, greenhouse, or other enclosed area in or on the grounds of the residence. The grow location may not be accessible by individuals under 21 years old and may not be visible from a public space.
What is Considered a Primary Residence?
Under Ohio’s adult-use cannabis laws, “primary residence” is defined as the residence where an individual lives, and the location which, when the person is absent, the person has the intention of returning to.
In practical terms, this means a consumer’s “primary residence” will most frequently be the location where the individual lives and spends their time. Residents who frequently travel, or who reside in other states seasonally, should ensure that any location in Ohio where they grow cannabis meets this criteria.
Can I Sell Homegrown Cannabis Plants to Other Adults?
No. The sale of cannabis remains illegal in Ohio unless the seller is properly licensed as a cannabis dispensary by the Ohio Division of Cannabis Control.
However, adult-use consumers may transfer up to 6 cannabis plants to another consumer, so long as the transfer is made without remuneration, and is not advertised or promoted to the public.
Can Renters Grow Cannabis?
If you are renting, a landlord may prohibit any cannabis cultivation so long as the prohibition is included in the applicable lease agreement.
Renters should be sure to review their lease or housing contract for prohibitions on cannabis cultivation. This includes but is not limited to specific prohibitions on cannabis cultivation, as well as clauses incorporating Federal laws declaring cannabis illegal. For example, many leases prohibit possession of schedule I substances under the Controlled Substances Act. This prohibition would include cannabis, which currently remains a schedule I drug under Federal law notwithstanding its legal status in Ohio.
Can my Employer Punish me for Growing Cannabis?
Ohio law provides that employers are not required to accommodate an employee’s use, possession, or distribution of adult-use cannabis. Accordingly, an employer may take an adverse employment action against an employee because of that employee’s recreational cannabis use.
Employees should familiarize themselves with their employer’s internal policies and procedures regarding cannabis use. Employers should review these same policies and procedures to ensure they are up to date with the latest changes in Ohio’s laws.
*Tori Geller contributed to this article
With a practical approach, Chad provides compliance guidance and litigation defense on matters related to cannabis, advertising and marketing, teleservices, and other consumer protection issues.