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Ohio Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law, Family Law and Adoption for Ohio on
Q: Will having a medical card put you at risk of losing your kids to the non-custodial parent if he wanted to use that?

If my ex wanted to use my medical card in Ohio against me, could he despite not having parental rights and my husband having adopted my children?

Nicholas P. Weiss
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answered on Apr 2, 2024

He is not the non-custodial parent if your spouse adopted the kids. He is not a parent at all. It would be basically impossible for him to obtain parental rights by attempting to utilize your use of medical marijuana in a custody dispute.

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for Ohio on
Q: Can I take legal action if I had to succumb to a drug test because I was accused of smelling like weed but I passed it
Nicholas P. Weiss
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answered on Feb 16, 2024

No. There are no employee legal protections in Ohio for being credibly accused of using marijuana and required to take a drug test.

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: Ohio- do I now have to put up with the smell of weed filling up my apartment because of my neighbors smoking it?

Live in an apartment. Lease says no illegal drugs. But manager ignored complaints only thing that stopped it being constant is fear of cops knocking on their door and now with the law changing am I to live in misery? Moving is not an option. Disabled and on fixed income. Also have asthma and get... View More

Nicholas P. Weiss
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answered on Nov 22, 2023

A landlord has the ability to evict a tenant in Ohio if they have actual knowledge that they are consuming illegal substances. Their refusal to do so could be considered a defect in the property, which could give you the ability to escrow your rent with the court until the defect is corrected.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: In Ohio, my stepson's parole officer has agreed to his medicinal card, but says he's only permitted to use gummies, why?

Gummies or smoking medicinal marijuana, sold at dispenseries, has the same THC amount.

Nicholas P. Weiss
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answered on Nov 21, 2023

Under Ohio's medical marijuana statute, medical marijuana may not be smoked. It may be consumed in many other ways, but not smoking.

1 Answer | Asked in Family Law and Cannabis & Marijuana Law for Ohio on
Q: Now that weed is legal in ohio can cps test for it
Todd B. Kotler
Todd B. Kotler
answered on Nov 17, 2023

Under current state regulations they can. While the technical effective date of the voter initiated statute, is December 7, 2023, Ohio's General Assembly and the Department of Commerce and the Department of Development have yet to flesh out the new regulatory structure for the actual sale... View More

Q: If my job doesn't initially test for THC but than an accident occurs and THC comes up is it legal terminate/suspend you?

Basically we don't initially get drug tested for THC until an accident occurs and if THC comes up they either terminate you or fire you depending on who you are is this legal?

Nicholas P. Weiss
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answered on Jun 8, 2023

Yes. Ohio employers may terminate for THC in your system. There are no protections for employees in Ohio for use of marijuana, even medical marijuana.

1 Answer | Asked in Cannabis & Marijuana Law, Car Accidents and Employment Law for Ohio on
Q: what happens if im driving a company vehicle and im not high but weed is in my system and someone hits me or i hit some1

i usually only smoke like one bowl a day and if i get a medical card will i be ok no matter what

Nicholas P. Weiss
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answered on Mar 29, 2023

It is illegal to smoke marijuana in Ohio. This is true even if you have a medical card. Your employment is also not protected from the use of marijuana even if you have a medical card. Marijuana in your system will likely be determined to be a contributing factor in any accident.

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: My son recently got pulled over he has his medical Marijuana card but cop charged him with possession and paraphernalia?

Can they charge him?

Matthew Williams
Matthew Williams
answered on Feb 9, 2023

The medical marijuana laws are quite specific and there are forms of marijuana, items of paraphernalia, and methods of consumption that remain illegal even for those with a card. You should hire an attorney to look into the specifics of your son's case.

1 Answer | Asked in Immigration Law and Cannabis & Marijuana Law for Ohio on
Q: After missing interview,does clock restart after approval to reschedule interview or after you attend Interview
Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Your question does not contain enough information to provide you an answer. It appears you have a question about timing requirements when you miss an interview with USCIS. You should contact a local immigration attorney ASAP, if you missed an interview.

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for Ohio on
Q: If you live in ohio but work in pennsylvania do you get the medical cannibis discrimination protections as pennsylvania?

Someone who lives in PA gets protections from being fired if they have a medical card. But Ohio doesn't have any of that.

So if I live in Ohio but work in PA would I not get these protections because I live in Ohio and have an Ohio medical card?

Nicholas P. Weiss
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answered on Sep 16, 2022

No. Pennsylvania law applies to Pennsylvania companies. They would not be able to terminate so long as you are in compliance with Pennsylvania's medical marijuana laws.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Ohio on
Q: Good evening if I am on colors for drug testing in Kentucky and I legally live in my residence in Ohio can I smoke weed
Joseph A. Bondy
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Joseph A. Bondy
answered on Jul 6, 2022

I don’t know what it means to “be on colors” in Kentucky, and I am not an attorney in Ohio, however cannabis possession in Ohio is unlawful whether in public or your home—possession of under 100 grams remains a misdemeanor. See, generally, https://norml.org/laws/ohio-penalties-2/

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Ohio on
Q: Can I fight a DUI when I passed the breathalyzer but failed a blood test for marijuana?

I'm a resident of Ohio but was texting while driving in West Virginia which caused me to swerve and cross left of center. I explained this to the officer but he insisted I was intoxicated. I asked to take the breathalyzer several times but was refused. I also explained that due to previous... View More

Andrew Popp
Andrew Popp
answered on Oct 12, 2021

If the offense occurred in WV, then you need a WV attorney. Whether or not you have any legal defenses is a complex question and requires a detailed analysis of the entirety of the situation. In short, you need to find a way to obtain an attorney. Maybe readdress your financial situation with... View More

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: Can I get fired for failing a drug test even though I have my medical card and they hired me back at another location

I’m legally disabled since a young age and they’ve been telling me I might be able to get hired back for days now and they updated there policy but I’m left hanging not knowing what’s going on. I’ve missed 7days of work so far. And I have to start work at another location. They said I... View More

Nicholas P. Weiss
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answered on Sep 25, 2021

Ohio employers are allowed to terminate or discipline employees for the lawful use of medical marijuana. It is entirely at the employer's discretion.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: can you be prosecuted for trying an illegal substance once (one mushroom) in the past even without physical evidence

i did it a long time ago and only now has anyone heard of it so now i am being threatened with prosecution without physical evidence.

Andrew Popp
Andrew Popp
answered on Sep 9, 2021

Doing drugs is technically not a crime. Possession of the drug is a crime. That being said, if you were on some type of probation etc. that prohibited the use of any drugs then that could stand. Whether or not the prosecutor can prove that you had possession of a controlled substance or if you... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Ohio on
Q: What is the max penalty for 2925.141c in ohio Marijuana paraphernalia possession
Matthew Williams
Matthew Williams
answered on Mar 9, 2021

It's a minor misdemeanor, $150 fine and court costs, but the court also can suspend your driver's license.

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: I was pulled over with 7-8 grams of marijuana and a small pc of paraphernalia. The detective wants me to do buys now.

Or they arrest me. I don’t want to do this but they said my job would find out and I could be in a lot of trouble. What are my options?

Matthew Williams
Matthew Williams
answered on Feb 26, 2021

Well, you can cooperate and possibly avoid being charged, or you can not cooperate and be charged. If you decide to cooperate, you should do so through an attorney to make sure they don't charge you anyway.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: want to get an ohio medical marijuana card but I'm on probation, I saw it's legal for me to get but my P.O won't let me.

Is it legal for me to get the medical card and is my p.o aloud to stop me from getting it if so?

Matthew Williams
Matthew Williams
answered on Feb 4, 2021

You can get a medical card, but it's only Ohio law. Marijuana is still illegal under federal law, card or no. Your PO can require that you obey ALL laws, and they usually do. That means no marijuana use.

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Ohio on
Q: Can I report our neighbors weed smoking just based on smell?

We live in a duplex in the upstairs apt, either our downstairs neighbor or their constant guests smoke weed. The smell is very distinct and foul and illegal in Ohio. From what I've read, even medical use prohibits smoking it or cultivating. The smell invades our stairway almost daily and... View More

Nicholas P. Weiss
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answered on Dec 9, 2020

The landlord is required to evict anyone they reasonably suspect of using a controlled substance, including marijuana. If you put them on written notice of this, and they fail to do anything about it within 30 days you can either 1) terminate your lease, 2) sue for damages or 3) escrow your rent... View More

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: I was charged with an M-4 for a marijuana pipe in 2006.

The charge is now preventing me from getting my ccw in Ohio and I feel like it’s ridiculous to not be able to do so based on a charge from 14 years ago when I was a stupid kid.

Matthew Williams
Matthew Williams
answered on Nov 18, 2020

Many sheriffs will not issue a CCW permit until you seal minor convictions like this. You can apply to the court to have the record sealed and the it likely won’t be an issue anymore.

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