September 18, 2026 | Drug Crimes
Medical marijuana is legal in Ohio, and recreational marijuana is also legal for adults who are 21 and older, but this doesn’t mean that marijuana possession and use are totally unrestricted. Having a valid Ohio medical marijuana registration protects you from arrest or prosecution for obtaining, using, or possessing medical marijuana when you follow the program’s rules.
The card doesn’t give you unlimited permission to possess, transport, or use marijuana anywhere or in any manner. If you violate these rules, you could end up becoming a defendant in a criminal case.
Can You Get an OVI With a Medical Marijuana Card?
Yes. A medical marijuana card does not mean a person can drive while they are under the influence, and Ohio law is very clear that a person can be charged with operating a vehicle under the influence of alcohol or drugs (OVI) if they’re using medical marijuana. Ohio’s OVI statute also contains specific marijuana and marijuana-metabolite concentration limits, which means a charge can be based on test results, not just observed impairment.
This is problematic for some medical marijuana patients because metabolites can stay in a person’s body for much longer than they are actually impaired. An OVI charge can carry jail time, fines, a driver’s license suspension, and probation, along with other court requirements.
Can You Carry Medical Marijuana in Your Car?
Medical marijuana may be transported in a vehicle only if it remains in its original packaging and unopened. If you’re carrying something that has already been opened, it must be stored differently. Place it in the trunk, behind the last row of upright seats, or in another area not normally occupied by the driver and somewhere that the driver and passengers can’t easily access it.
Can You Smoke Medical Marijuana in Ohio?
No. Ohio specifically prohibits smoking or combusting medical marijuana. The program authorizes other forms, such as plant material, oils, tinctures, edibles, and patches. This is surprising to many people since marijuana has been legalized in Ohio. If you’re 21 or older, you can purchase marijuana from a licensed retailer and smoke it as well.
However, vaping medical marijuana is permitted in Ohio as long as you do it on private residential or agricultural property. Dispensaries do sell plant material to medical patients, which understandably confuses people, but the only authorized way to use that flower is with a vaporizer, not by smoking it.
Can You Get in Trouble for Having Too Much Medical Marijuana?
Yes. Registered patients are protected only up to the amount allowed under the medical program, and Ohio law only permits a person to have a 90-day supply of medical marijuana, as defined by state rules.
What is considered a 90-day supply will depend on the type of product you have; plant material, oils, edibles, and other products each have their own caps. When you’re over the limit, you can be penalized under typical state marijuana laws, which can lead to prison time, depending on the amount and your age.
Since recreational marijuana is legal for those 21 and older, a cardholder slightly over their medical limit may still be within Ohio’s recreational possession limits of 2.5 ounces of flower and 15 grams of extract. Criminal penalties can come into play when you exceed what an adult can lawfully possess or otherwise violate Ohio’s marijuana laws.
For patients under 21, recreational possession laws do not apply, so they must comply with Ohio’s medical marijuana program requirements.
Contact Suhre & Associates DUI and Criminal Defense Lawyers To Schedule a Free Consultation With a Dayton Criminal Defense Attorney
Ohio’s marijuana laws have changed dramatically in recent years, and the rules for medical marijuana have a lot of technicalities that can confuse patients at times. If you’ve been charged with an OVI, illegal possession, or another related offense despite holding a valid card, you should speak with a lawyer right away so you can start building your defense.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers, give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129,
Dayton, OH 45402
(937) 531-0435