Lower Michigan prices carry legal risk
COLUMBUS — Marijuana may be legal for recreational use in both Ohio and Michigan, but Ohioans cannot legally purchase it in Michigan and bring it home.
The distinction has become more significant as Michigan dispensaries continue offering substantially lower prices than their Ohio counterparts.
Market data from Headset placed the average price of a cannabis item in Ohio at $29.96 in July, compared with $8.65 in Michigan. Product types and quantities vary, so the figures are not a direct comparison of identical purchases, but they illustrate the broader price difference between the two markets.
That difference does not override state law.
Senate Bill 56, which took effect March 20, limits Ohio’s protections for recreational marijuana to products handled in accordance with the state’s cannabis laws. Ohio law protects adults who obtain marijuana from a state-licensed dispensary or grow it at home within the state’s rules.
The law defines a licensed dispensary as one holding an Ohio license. Marijuana purchased from a Michigan retailer therefore falls outside those protections once it is brought into Ohio.
Possession of marijuana that is not protected under Ohio’s recreational-use law may be prosecuted under the state’s controlled-substance statutes. The severity of the charge depends on the product and amount involved. Possessing less than 100 grams of marijuana is generally a minor misdemeanor, while larger amounts can carry more serious misdemeanor or felony penalties.
Ohio adults may legally possess as much as 2.5 ounces of plant material and 15 grams of extract when the marijuana was obtained or grown legally under Ohio law. Those limits do not make marijuana purchased in another state lawful to possess in Ohio.
Senate Bill 56 also established specific rules for transporting marijuana within the state.
Marijuana purchased from an Ohio dispensary may remain in the passenger area of a vehicle when it is still in its original, unopened package. Once opened, it must be placed in the trunk or, in a vehicle without a trunk, behind the last upright seat or somewhere not readily accessible to the driver or passengers.
Homegrown marijuana must also be transported in the trunk or another inaccessible area. Violating the vehicle-transportation requirements is generally a minor misdemeanor.
The law does not permit anyone to drive while under the influence of marijuana.
For Ohio consumers, the practical warning is straightforward: A marijuana purchase that is legal in Michigan does not automatically become legal when carried across the Ohio state line.
