As Introduced

136th General Assembly

Regular Session H. B. No. 631

2025-2026

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.

(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.