When Ohioans voted to legalize recreational marijuana in November 2023, Athens County had the highest rate, 69%, of residents in favor of the issue. Now, nine months later, the state has authorized recreational sales with strict regulations from state, local and institutional levels.
Five dispensaries are currently open for business in the region, and with students returning to Ohio University’s campus in less than a week, Athens will soon see an influx of people from across the country with access to the substance. However, the use of recreational marijuana is not free of regulation.
Local regulations
Despite the passage of Issue 2 last November, which legalized possession and consumption of recreational marijuana, the City of Athens has been waiting since December for regulations from the state regarding its purchase.
According to Athens City Councilmember at-large Micah McCarey, the wait forced council to table an ordinance that would limit the number of dispensaries in one area and where the substance could be consumed.
He said the ordinance was drafted with advice from the Planning Commission and said the delay from the state has made implementing local regulations difficult.
McCarey said the Planning Commission made its recommendations before it knew the state would come with its own regulations, causing some contradictions between the state and Planning Commission’s proposals.
“They (the Planning Commission) were being proactive in making recommendations about how we can prevent that problem from happening,” McCarey said. “The challenges that can result from being proactive is that you never know when you're going to get guidance from a superior authority, like the state legislature.”
Athens City Council returned from recess Monday, Aug. 19, and will resume discussion around the proposed ordinance.
State regulations
According to the Ohio Revised Code, recreational marijuana use is legal for adults 21 years old and older. Adults can possess up to 2.5 ounces of cannabis flower and up to 15 grams of cannabis concentrate. They can also grow up to six plants per person, with a maximum of 12 plants per household.
Additionally, recreational marijuana can be purchased from licensed dispensaries. The state has a regulatory system for retail sales, including product testing and labeling requirements to ensure consumer safety and consistency.
Public consumption of marijuana is generally prohibited. Use is allowed on private property, but landlords and property owners can set their own rules regarding marijuana use on their premises. Driving under the influence of marijuana is illegal, and Ohio holds strict laws against impaired driving, with penalties similar to those for alcohol-related offenses.
It is important to note that recreational marijuana sales are also subject to state taxes, including an excise tax of 10%.
Despite legalization, employers are allowed to enforce drug-free workplace policies, which can impact employment, particularly in safety-sensitive positions. Similarly, the state has provisions for expunging past marijuana-related offenses, helping individuals clear their criminal records and enter the workforce.
Institutional regulations
Unlike state and local regulations, marijuana is prohibited on OU’s campus. According to the OU Housing and Residence Life webpage, OU is a smoke-free campus and receives federal funding. If the university allowed marijuana use, it would risk losing federally-funded programs such as Work Study and student financial aid.
The university defines the physical location of the smoke-free campus initiative as facilities, property, and grounds used to carry out OU’s academic mission. This extends to sidewalks next to university buildings and grounds. The university also prohibits smoking in personal vehicles on university property.
OU’s smoke-free campus includes vaporizers, edibles and traditional smoking methods. The use or possession of cannabis on campus remains a violation of the Ohio University Student Code of Conduct. It also prohibits guests and visitors from using, possessing, distributing or being under the influence of cannabis while on university property or during university activities.
According to Amonica Davis, chief operations officer for Mavuno of Ohio, regulations make the cannabis industry a safe and professional space.
“The experience was very new (to consumers), and in terms of changing the narrative and changing the stigma around cannabis use, these people come in, and that's the beginning of it because they saw that it was a professional environment,” Davis said. “We're coming off in an illicit market, and now people get to see purchasing marijuana in a different space.”
