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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 631
2025-2026
Representatives Ghanbari, Miller, K.
To
amend sections 3796.06 and 3796.99 of the Revised Code
to
modify prohibitions regarding underage possession, consumption, and
purchase of marijuana.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3796.06 and 3796.99 of the Revised Code be amended to read
as follows:
Sec.
3796.06.
(A)
Only the following forms of medical marijuana may be dispensed under
this chapter:
(1)
Oils;
(2)
Tinctures;
(3)
Plant material;
(4)
Edibles;
(5)
Patches;
(6)
Any other form approved by the division of marijuana control under
section 3796.061 of the Revised Code.
(B)
Only the following forms of adult-use marijuana may be dispensed
under this chapter:
(1)
Any form in which medical marijuana may be dispensed;
(2)
Extracts;
(3)
Drops;
(4)
Lozenges;
(5)
Smoking or combustible products;
(6)
Vaporization products;
(7)
Beverages;
(8)
Pills;
(9)
Capsules;
(10)
Suppositories;
(11)
Oral pouches;
(12)
Oral strips;
(13)
Oral and topical sprays;
(14)
Salves;
(15)
Lotions or similar cosmetic products;
(16)
Inhalers;
(17)
Seeds;
(18)
Live plants;
(19)
Clones;
(20)
Pre-rolled products.
(C)
With respect to the methods of using medical marijuana, adult-use
marijuana and homegrown marijuana, all of the following apply:
(1)
The smoking or combustion of medical marijuana is prohibited.
(2)
No person shall knowingly consume adult-use marijuana or homegrown
marijuana by smoking, combustion, or vaporization or knowingly
consume medical marijuana by vaporization in any place other than
privately owned real property that is used primarily for residential
or agricultural purposes, including any dwellings, facilities,
improvements, and appurtenances on such real property.
(3)
No person shall knowingly smoke, combust, or vaporize marijuana in
any of the following:
(a)
A type A family child care home or type B family child care home, as
those terms are defined in section 5104.01 of the Revised Code;
(b)
A halfway house, community transitional housing facility, community
residential center, or other similar facility licensed by the
division of parole and community services under section 2967.14 of
the Revised Code;
(c)
A residential premises occupied pursuant to a rental agreement that
prohibits the smoking, combustion, or vaporization of marijuana;
(d)
A public place or place of employment, as those terms are defined in
section 3794.01 of the Revised Code.
(4)
The division may approve additional methods of using medical
marijuana, other than smoking or combustion, under section 3796.061
of the Revised Code.
(D)(1)
Any form or method of using adult-use marijuana or medical marijuana
that is considered attractive to children, as specified in rules
adopted by the division, is prohibited.
(2)
Adult-use marijuana and medical marijuana shall not be dispensed or
sold in a form or shape that bears the likeness or contains the
characteristics of a realistic or fictional human, animal, or fruit,
including artistic, caricature, or cartoon renderings.
(E)(1)
Except as otherwise provided in division (E)(3) of this section, the
tetrahydrocannabinol content of medical marijuana dispensed or sold
to patients or caregivers shall not exceed:
(a)
Thirty-five per cent for plant material;
(b)
Seventy per cent for extracts.
(2)
Except as otherwise provided in division (E)(3) of this section, the
tetrahydrocannabinol content of adult-use marijuana dispensed or sold
to adult-use consumers shall not exceed:
(a)
Thirty-five per cent for plant material;
(b)
Seventy per cent for extracts.
(3)
The division may adopt rules, in accordance with Chapter 119. of the
Revised Code, that do either or both of the following:
(a)
Increase the tetrahyrdrocannabinol content limits for extracts
prescribed in divisions (E)(1) and (2) of this section;
(b)
Establish tetrahydrocannabinol content limits for adult-use and
medical marijuana dispensed or sold under this chapter by content per
serving or per package.
(F)
No person shall knowingly give, sell, or distribute adult-use
marijuana or homegrown marijuana to a person under twenty-one years
of age.
(G)
(1)
No person under the age of
twenty
one
twenty-one
shall
knowingly purchase, use, or possess adult-use marijuana or homegrown
marijuana.
(2)
If a person is charged with violating division (G)(1) of this section
in a complaint filed under section 2151.27 of the Revised Code, the
court may order the child into a diversion program specified by the
court and hold the complaint in abeyance pending successful
completion of the diversion program. A child is ineligible to enter
into a diversion program under division (G)(2) of this section if the
child previously has been diverted pursuant to division (G)(2) of
this section. If the child completes the diversion program to the
satisfaction of the court, the court shall dismiss the complaint and
order the child's record in the case sealed under sections 2151.356
to 2151.358 of the Revised Code. If the child fails to satisfactorily
complete the diversion program, the court shall proceed with the
complaint.
(3)
If a person is charged in a criminal complaint with violating
division (G)(1) of this section, section 2935.36 of the Revised Code
applies to the offense, except that a person is ineligible for
diversion under that section if the person previously has been
diverted pursuant to division (G)(2) or (3) of this section. If the
person completes the diversion program to the satisfaction of the
court, the court shall dismiss the complaint and order the record in
the case sealed under section 2953.33 of the Revised Code. If the
person fails to satisfactorily complete the diversion program, the
court shall proceed with the complaint.
(H)
An adult-use consumer, medical marijuana patient, or medical
marijuana caregiver shall store edible adult-use and medical
marijuana products in the original packaging at all times when the
products are not actively in use.
Sec.
3796.99.
(A)(1)
Whoever violates division (C)(2) of section 3796.06 of the Revised
Code as an operator of the vehicle, streetcar, trackless trolley,
watercraft, or aircraft is subject to section 1547.11, 4511.19,
4511.194, or 4561.15 of the Revised Code, as applicable.
(2)
Whoever violates division (C)(2) of section 3796.06 of the Revised
Code as a passenger of a vehicle, streetcar, trackless trolley,
watercraft, or aircraft when the operator is operating or has
physical control of the vehicle, streetcar, trackless trolley,
watercraft, or aircraft is guilty of a misdemeanor of the third
degree.
(B)
Except as otherwise provided in division (A) of this section, whoever
violates division (C)(2) or (3)(a), (b), or (d) of section 3796.06 of
the Revised Code is guilty of a minor misdemeanor.
(C)(1)(a)
Except as provided in division (C)(1)(b) of this section, whoever
violates division (F) of section 3796.06 of the Revised Code is
guilty of a misdemeanor of the first degree.
(b)
An offender who has previously been convicted of, or pleaded guilty
to, a violation of division (F) of section 3796.06 of the Revised
Code, is guilty of a felony of the fifth degree.
(2)
The division of cannabis control shall immediately revoke the license
of any license holder under this chapter who is found guilty of, or
who pleads guilty or no contest to, violating division (F) of section
3796.06 of the Revised Code.
(D)
Whoever violates division (B) of section 3796.221 of the Revised Code
is guilty of possession of marijuana under section 2925.11 of the
Revised Code.
(E)
Whoever violates division (C) of section 3796.04 of the Revised Code
is guilty of illegal cultivation of marijuana under section 2925.04
of the Revised Code.
(F)
Whoever violates division (I) of section 3796.09, division (I) of
section 3796.10, division (C)(2) of section 3796.20, or division (C)
of section 3796.221 of the Revised Code is guilty of trafficking in
marijuana under section 2925.03 of the Revised Code.
(G)(1)
Except as otherwise provided in divisions (G)(2) to (4) of this
section, whoever violates division (G) of section 3796.06 of the
Revised Code by knowingly showing or giving false information
concerning the individual's name, age, or other identification for
the purpose of purchasing or otherwise obtaining adult-use marijuana
from an adult-use dispensary licensed under this chapter is guilty of
a misdemeanor of the first degree.
(2)
Except as otherwise provided in divisions (G)(3) and (4) of this
section, whoever violates division (G) of section 3796.06 of the
Revised Code by knowingly presenting to an adult-use dispensary
licensed under this chapter a false, fictitious, or altered
identification card, a false or fictitious driver's license
purportedly issued by any state, or a driver's license issued by any
state that has been altered, is guilty of a misdemeanor of the first
degree and, notwithstanding division (A)(2) of section 2929.28 of the
Revised Code, shall be fined not less than two hundred fifty dollars
and not more than one thousand dollars.
(3)(a)
Except as otherwise provided in division (G)(4) of this section, an
offender who has previously been convicted of or pleaded guilty to a
violation of division (G) of section 3796.06 of the Revised Code by
knowingly presenting to an adult-use dispensary licensed under this
chapter a false, fictitious, or altered identification card, a false
or fictitious driver's license purportedly issued by any state, or a
driver's license issued by any state that has been altered, is guilty
of a misdemeanor of the first degree and, notwithstanding division
(A)(2) of section 2929.28 of the Revised Code, shall be fined not
less than five hundred dollars nor more than one thousand dollars.
(b)(i)
The court also may impose a class seven suspension of the offender's
driver's or commercial driver's license or permit, or nonresident
operating privilege, from the range specified in division (A)(7) of
section 4510.02 of the Revised Code.
(ii)
The court, in lieu of suspending the offender's temporary instruction
permit, probationary driver's license, or driver's license, instead
may order the offender to perform a determinate number of hours of
community service, with the court determining the actual number of
hours and the nature of the community service the offender shall
perform.
(4)(a)
An offender who has previously been convicted of or pleaded guilty to
two or more violations of division (G) of section 3796.06 of the
Revised Code by knowingly presenting to an adult-use dispensary
licensed under this chapter a false, fictitious, or altered
identification card, a false or fictitious driver's license
purportedly issued by any state, or a driver's license issued by any
state that has been altered, is guilty of a misdemeanor of the first
degree and, notwithstanding division (A)(2) of section 2929.28 of the
Revised Code, shall be fined not less than five hundred dollars nor
more than one thousand dollars.
(b)(i)
The court also may impose a class six suspension of the offender's
driver's or commercial driver's license or permit or nonresident
operating privilege from the range specified in division (A)(6) of
section 4510.02 of the Revised Code, and the court may order that the
suspension or denial remain in effect until the offender attains the
age of twenty-one years.
(ii)
The court, in lieu of suspending the offender's temporary instruction
permit, probationary driver's license, or driver's license, instead
may order the offender to perform a determinate number of hours of
community service, with the court determining the actual number of
hours and the nature of the community service the offender shall
perform.
(5)
The financial sanctions required by divisions (G)(2) to (4) of this
section are in lieu of the financial sanctions described in division
(A)(2) of section 2929.28 of the Revised Code but are in addition to
any other sanctions or penalties that may apply to the offender,
including other financial sanctions under that section or a jail term
under section 2929.24 of the Revised Code.
(H)(1)
Except as otherwise provided in division (H)(2) of this section,
whoever violates division (G) of section 3796.06 of the Revised Code
by knowingly soliciting another person to purchase adult-use
marijuana from an adult-use dispensary licensed under this chapter is
guilty of a misdemeanor of the fourth degree.
(2)
An offender who has previously been convicted of or pleaded guilty to
a violation of division (G) of section 3796.06 of the Revised Code by
knowingly soliciting another individual to purchase adult-use
marijuana from an adult-use dispensary licensed under this chapter is
guilty of a misdemeanor of the second degree.
(I)
Whoever violates division (A), (B), or (C) of section 3796.062 of the
Revised Code is guilty of a minor misdemeanor.
(J)
Whoever violates division (D) of section 3796.062 of the Revised Code
is guilty of illegal use or possession of marijuana drug
paraphernalia under section 2925.141 of the Revised Code.
(K)
Whoever violates division (G)(1) of section 3796.06 is guilty of a
misdemeanor of the third degree.
If
an offender who violates division (G)(1) of section 3796.06 of the
Revised Code was under the age of eighteen years at the time of the
offense and the offense occurred while the offender was the operator
of or a passenger in a motor vehicle, the court, in addition to any
other penalties it imposes upon the offender, shall suspend the
offender's temporary instruction permit or probationary driver's
license for a period of not less than six months and not more than
one year. If the offender is fifteen years and six months of age or
older and has not been issued a temporary instruction permit or
probationary driver's license, the offender shall not be eligible to
be issued such a license or permit for a period of six months. If the
offender has not attained the age of fifteen years and six months,
the offender shall not be eligible to be issued a temporary
instruction permit until the offender attains the age of sixteen
years.
Section
2.
That
existing sections 3796.06 and 3796.99 of the Revised Code are hereby
repealed.