Ohio Code 3780.36 – Limitations on conduct by individuals
Limitations on conduct by individuals.
Terms Used In Ohio Code 3780.36
- Adult use consumer: means and individual who is at least twenty-one years of age. See Ohio Code 3780.01
- Adult use dispensary: means a person licensed pursuant section 3780. See Ohio Code 3780.01
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Arrest: Taking physical custody of a person by lawful authority.
- Child: includes child by adoption. See Ohio Code 1.59
- Cultivate: means to grow, harvest, package, and transports adult use cannabis pursuant to this chapter. See Ohio Code 3780.01
- Dispensary: means a person who has a certificate of operation to operate a dispensary under Chapter 3796 of the Revised Code and Chapter 3796 of the Administrative Code. See Ohio Code 3780.01
- extract: means a substance obtained by separating or concentrating cannabinoids and other compounds from any part of the adult use cannabis plant by physical or chemical means, intended to be refined for use as an ingredient in an adult use cannabis product or as a standalone adult use cannabis product. See Ohio Code 3780.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Paraphernalia: means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis into the human body. See Ohio Code 3780.01
- Property: means real and personal property. See Ohio Code 1.59
(A) Except as otherwise provided in this chapter and notwithstanding any conflicting provision of the Revised Code, an adult use consumer, may do the following:
(1) Use adult use cannabis;
(2) Possess, transfer without remuneration to another adult consumer, or transport adult use cannabis, subject to division (B) of this section; and
(3) Purchase adult use cannabis from an adult use dispensary per day in amounts that do not exceed the possession limits set forth in division (B)(1) of this section.
(B) Except as otherwise provided in chapter 3796 of the Revised Code:
(1) The amount of cannabis that may be possessed by an adult use consumer shall not exceed:
(a) Two and one-half ounces of adult use cannabis in any form except adult use extract; and
(b) Fifteen grams of adult use cannabis in the form of adult use extract.
(2) The amount of cannabis that may be transferred by an adult use consumer without remuneration and not advertised or promoted to the public shall not exceed:
(a) Two and one-half ounces of adult use cannabis in any form except adult use extract; and
(b) Fifteen grams of adult use cannabis in the form of adult use extract.
(3) The amount of cannabis that may be transported by an adult use consumer shall not exceed:
(a) Two and one-half ounces of adult use cannabis in any form except adult use extract; and
(b) Fifteen grams of adult use cannabis in the form of adult use extract.
(C) Except as otherwise provided in this chapter, an adult use consumer shall not be subject to arrest, criminal prosecution, or civil penalty for engaging in any of the activities authorized under this chapter, including:
(1) Obtaining, using, possessing, or transporting adult use cannabis;
(2) Performing conduct authorized under section 3780.29 of the Revised Code;
(3) Acquiring, possessing, using, purchasing, manufacturing, selling, or transporting paraphernalia; and
(4) Assisting another adult use consumer, or allowing property to be used, in any of the acts authorized by this chapter.
(D)(1) An individual is prohibited from operating a vehicle, motor vehicle, streetcar, trackless trolley, bike, watercraft, or aircraft while using adult use cannabis or while under the influence of adult use cannabis and is subject to section 4511.19 of the Revised Code for any violation of this division.
(2) An individual is prohibited from smoking, vaporizing, or using any other combustible adult use cannabis product while in a vehicle, motor vehicle, streetcar, trackless trolley, bike, watercraft, or aircraft and is subject to section 4511.19 of the Revised Code for any violation of this division.
(E) Except as otherwise provided in this chapter, no individual under twenty-one years of age shall knowingly show or give false information concerning the individual’s name, age, or other identification for the purpose of purchasing adult use cannabis from an adult use dispensary licensed under this chapter.
(F) Nothing in this chapter is intended to permit the transfer or sale of adult use cannabis, with or without remuneration, to an individual under twenty-one years of age, or to allow an individual under twenty-one years of age to purchase, possess, use, process, transport, or cultivate cannabis except where authorized by Chapter 3796 of the Revised Code.
(G) It is unlawful for any parent or guardian to knowingly permit their residence, any other private property under their control, or any vehicle, conveyance, or watercraft under their control to be used by an invitee of the parent’s child or the guardian’s ward, if the invitee is under twenty-one years of age, in a manner that constitutes a violation of this chapter.
(1) A parent or guardian is deemed to have knowingly permitted their residence, any other private property under their control, or any vehicle, conveyance, or watercraft under their control to be used in violation of this chapter if they knowingly authorize or permit consumption of cannabis by underage invitees.
(2) Where the residence or other property has an owner and a tenant or lessee, the trier of fact may infer that the residence or other property is occupied only by the tenant or lessee.
Last updated November 14, 2023 at 11:12 AM