Ohio Marijuana Laws: Senate Bill 56 Changes Explained

A common misconception surrounding the legalization of recreational marijuana is that individuals can no longer get in trouble for marijuana-related conduct. This is not a reality. Marijuana is still subject to stringent requirements, which can result in penalties.

Recreational adult-use marijuana became legal in Ohio on November 7, 2023, after voters passed Issue 2. With a 57% vote, Ohio became the 24th state to legalize recreational marijuana. This meant that individuals 21 years and older could purchase, possess, and use marijuana in accordance with local laws. However, like many newly enacted laws, Ohio’s marijuana laws have undergone changes since legalization first passed.

The most significant changes occurred recently when Senate Bill 56 officially took effect on March 20, 2026.

Senate Bill 56 amended Ohio’s adult-use marijuana laws. Through this bill, legislation tightened cannabis oversight, clarified regulatory authority, and imposed stricter regulations on hemp-derived THC products under Ohio cannabis law.

While the law was intended to provide a stricter and more regulated cannabis framework, it also created confusion for many Ohio residents about what has changed, what is still legal, and what conduct can expose them to penalties.

Whether you are a consumer, supporter, advocate, or just curious about the cannabis industry in general, here is a brief overview of what Senate Bill 56 has changed:  

Elevated Legal Penalties

Senate Bill 56 added and clarified penalties for adult-use marijuana conduct, including:

• Consumption in any public place that is not a private residence or property;
• Consumption while operating a vehicle;
• Passenger consumption while in a vehicle operating or within physical control;
• Transporting marijuana not purchased from an Ohio dispensary or homegrown in Ohio;
• Possessing over 2.5 ounces of plant material or 15 grams of extract;
• Transporting marijuana products and paraphernalia (opened and not in original packaging) not in the trunk or behind the last upright seat;
• Storing opened marijuana products not in their original packaging when not actively using;
• Exceeding the 12-plant homegrown limit per household;
• Selling marijuana without a license; and
• Selling marijuana to a person under the age of 21. 

THC Limits

Senate Bill 56 amended THC concentration limits, aligning adult-use and medical marijuana limits.

• Flower is capped at 35%
• Extracts are capped at 70%

Possession Restrictions

Senate Bill 56 further tightened possession limits. Ohio Residents cannot:

• Possess greater than 2.5 ounces of plant material;
• Possess greater than 15 grams of extracts;
• Possess marijuana products not produced/purchased in Ohio or an Ohio dispensary; or
• Possess greater than the maximum daily purchase amount of cannabis.

In addition to possession, home-grown adult-use marijuana limits were lowered:

• Each adult can only possess 6 marijuana plants;
• A household cannot exceed 12 marijuana plants total; and
• Homegrown marijuana cannot be possessed on behalf of another person

Importantly, knowingly exceeding the grow limits by even just one plant can expose you to criminal liability for illegal cultivation.

Ohio’s Division of Cannabis Control Authority

The Ohio Division of Cannabis Control (DCC) now exclusively oversees Marijuana Control Law. However, the DCC’s authority is not unlimited. Senate Bill 56 restricts the DCC from:

• Approving new product forms
• Using discretion when issuing licenses to eligible applicants
• Advertising without restrictions

The DCC’s expanded authority imposed stricter operational requirements for cannabis facilities, cultivators, and dispensaries.

Local Governments and Municipalities Authority

Local governments and municipalities have the ability to prohibit adult-use dispensaries in their communities. These townships and municipalities can vote to pass ordinances that restrict dispensaries from opening within their jurisdiction.  A local ban on dispensary operations only applies to adult-use dispensaries, excluding medical marijuana facilities that were already in operation.

However, these local governments cannot prohibit home-grow activities.

Home Grow Restrictions

Home grow must take place in a primary residence. A primary residence that is occupied pursuant to a rental agreement must comply with the terms of the agreement.

Senate Bill 56 lowered home-grow marijuana limits:

• Each adult can only possess 6 marijuana plants;
• A household cannot exceed 12 marijuana plants total; and

Importantly, knowingly exceeding the grow limits by even just one plant can expose you to criminal liability for illegal cultivation of marijuana.

Home-grown marijuana cannot:

• be possessed on behalf of another person;
• be given to another for any compensation; or
• be transferred on property that is not privately owned and used primarily for residential or agricultural purposes.

Restrictions Intended to Protect Children

Growing concerns over children-safety was a major focus of Governor Dewine’s when he prohibited the sale of marijuana products that are considered attractive to children. This includes both medical marijuana and adult-use marijuana in forms that resemble:

• Fictional characters;
• Humans;
• Animals; or
• Fruits.

The law imposes tighter regulations on marijuana packaging and advertising.

Unregulated Intoxicating Hemp Products

A major focus of Senate Bill 56 was eliminating access to unregulated intoxicating hemp products. The legislation proactively banned most intoxicating hemp-derived products before the federal ban is anticipated to take effect on November 12, 2026.

This resulted in a state-wide restructuring when it came to THC-infused products’ availability and distribution. The more stringent regulations ban hemp-derived products from the shelves of convenience stores and gas stations.

Effectively, THC-infused beverages containing more than 0.4 mg of THC may now only be purchased at a licensed dispensary. Similarly, hemp-derived Delta-9 and Delta-8 products are now restricted to purchase from a licensed dispensary.

Going Forward – What Ohio Residents Should Know

As Ohio’s cannabis laws continue to be refined, residents should stay informed about changes that could affect their rights, responsibilities, and potential exposure to liability.

Some of the key practical takeaways from Senate Bill 56 include:

• Ohio dispensaries may only sell up to the legal possession limit of 2.5 ounces of flower, 15 grams of extract, or a combination totaling those amounts.
• Homegrown marijuana may only be transferred to another adult over 21 if no compensation is received, whether that be money or anything else.
• Marijuana and marijuana-related products transported in a vehicle should be stored in the trunk, furthest upright seat, or in an area that is not easily accessible to the driver. May be subject to a minor misdemeanor for illegal use or possession of marijuana drug paraphernalia.
• Criminal penalties for using marijuana inside a vehicle increased, especially for passengers. Passengers may be subject to a third-degree misdemeanor.
• Consumers should purchase cannabis products from a licensed Ohio dispensary and keep all products in their original packaging while not in use.
• Employers may enforce policies regulating marijuana use and employees terminated for violating those policies may be ineligible to receive unemployment benefits.
• Renters must comply with lease agreements that restrict marijuana use, smoking, vaporization, or home-grow activities within the residence.  

The Cannabis Industry is rapidly evolving. Staying informed about developments in Ohio cannabis law is important for consumers and businesses to avoid unnecessary legal consequences.

Please note this is not an exhaustive list of all marijuana regulations, nor is this legal advice. If you need legal guidance about marijuana-related topics, please do not hesitate to contact Plakas Mannos. Our team is here to help in this continuously evolving area.