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The recreational marijuana sales began in Ohio on Tuesday — and this has raised a lot questions. I have some legal experts, politicians and industry professionals help me to break them down.
COLUMBUS (Ohio) — Recreational marijuana sales began in Ohio on Tuesday — and this major development has raised a lot questions. I have some legal experts, politicians and industry professionals help me to break them down.
Over the past 24 hour period, we received dozens messages via social media, emails, direct messages, phone calls, and texts. I’m responding to them.
What are the basics of buying?
Customers must be at least 21 years old with a physical ID. Ohio has just updated its ID rules to include Apple Wallet. However, some places may still require the in-person version. Underage purchases would be punished in a similar way to alcohol purchases under 21.
You can have upto 2.5 ounces in any form of marijuana, except for concentrates.
We spent the whole day at a dispensary, on the day that recreational sales began.
Marijuana sales begin Tuesday. Here’s everything you need to Know
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Where can I purchase it?
Can I pay with credit?
No. Due to federal banking regulations, many dispensaries only accept cash. However, there are ATMs in most stores. Some shops accept payments via third-party apps such as Spendr.
Can I smoke in public places?
You could be charged with a minor infraction.
Tom Haren, Ohio Cannabis Coalition, said that marijuana is like drinking beer in public. “If you cannot smoke a cigarette anywhere, you cannot smoke a joint.”
It’s much easier to say where you can smoke: on private property.
According to the Division of Cannabis Control, a private bar or restaurant with a liquor licence would be cited for allowing weed smoking.
Legal experts and politicians agree that the law is unclear. The anti-smoking laws states that smoking is prohibited in public indoor spaces. However, there are exceptions. These include some outdoor patios and rooms in nursing homes, hotels, or motels that have designated rooms for “smoking.”
Where does the tax money go?
A 10% tax will be charged at the point-of-sale to benefit communities that have dispensaries.
“We’re going to use that to pave our roads a little more frequently,” Cleveland Heights mayor Kahlil seren told me.
The revenue is divided as follows: 36% goes to host communities, 36% goes to a social equity fund that would help people who are disproportionately affected by marijuana laws, 25% goes towards substance abuse and addiction treatment, and 3% to the DCC for funding the program.
Are lawmakers trying to change tax structures to fund law enforcement
Many Statehouse Republicans have floated an idea to change how much money goes to the Social Equity Fund, possibly giving more to local government or to the law enforcement agencies of townships.
Jamie Callender, a state representative from Concord, has blocked this effort with the support of the House leadership. He and others think they can give money elsewhere to law enforcement and not take from what voters chose.
Why can the legislators change what the voters have chosen?
Citizens can place something on the statewide election ballot in two ways: through an initiated statute or a constitutional amendment. The recreational marijuana proposal is an initiated statute. This means that it will be added to the Ohio Revised Code. A law or initiated statute can be more easily put to the ballot than an amendment. Unlike constitutional amendments, initiated statutes can easily be changed.
Will marijuana convictions be expunged from the record?
Haren explained that there are already options to seal or expunge prior convictions. This is why it’s not mentioned explicitly in the law.
“We should examine that and see what can be done to remove this conviction from their records,” said state senator. Rob McColley stated this in December.
Several lawmakers from both sides of the aisle have introduced legislation to expunge minor infractions.
Why are prices so high and will they drop?
Yes, they will fall.
Haren said that prices will drop as more dispensaries are opened and as the supply of products increases.
Prices will drop once the hype has died down.
What happens if you smoke while driving?
If you operate a vehicle under the influence, you will be charged with a crime. This includes driving a vehicle, trolley, watercraft or aircraft, as well as riding a bicycle.
Can I smoke in the car as a passenger?
No. The law says that you cannot smoke, vape or use any other “combustible adult-use cannabis products”.
It doesn’t mention eating edibles explicitly.
Can I allow my 18 year old to smoke in my home?
No. Parents cannot consent to their child smoking weed.
If you didn’t already know, children and teens under the age of 21 can drink alcohol if they are “in presence” of a parent, legal guardian, or spouse over 21.
What customer data are shared with the government?
There are provisions in the law that govern the sharing of information by the state. It’s similar to how the medical program protects its records. The state can’t share any information that could identify a person.
What’s up with the measurement system?
Haren explained that “Ohio’s medical program began by measuring flowers in tenths, instead of eights,” in all its wisdom.
He predicted that as the state finalizes its remaining rules, flower would eventually be sold by eighths.
Do I need to hide my weeds from my neighbors?
If you own your own home and stay on your own land, then no. If you rent and your landlady allows smoking, then that’s fine too.
Can I be evicted because I smoke?
Yes.
Jonathan Entin, a law professor at Case Western Reserve University, said that private property has a wide range of control over what happens. “Your landlord can say that you don’t smoke pot in the apartment.”
Landlords may prohibit smoking and growing in their leases.
Can I be tested for drugs at work?
Yes.
Entin said that employers can say they don’t want employees to be high at work. “The employer can tell employees that they don’t want them high at work, because people who have high levels of marijuana, just like those who are drunk, won’t do their job.”
The law says that employers may still conduct drug tests and have a no tolerance policy.
Have more questions?
Email me at Morgan.Trau@wews.com Please use the subject line “Marijuana Questions”
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