COLUMBUS — Ohio law allows adults to grow marijuana at home, but legislation heading to Gov. Mike DeWine would tighten where and how residents can legally cultivate cannabis, further reshaping the state’s newly legalized adult-use market.
Under current Ohio law, adults may grow marijuana plants at their primary residence, but strict limits already apply. Households with one or more adults age 21 or older may grow no more than 12 plants total, regardless of how many adults live in the home. Earlier this year, lawmakers dropped proposals that would have cut the plant limit further.
Ohio law already imposes steep penalties for violations. Anyone who grows 24 plants or more — double the legal limit — or sells or advertises cannabis plants can face drug trafficking charges, according to state statutes cited by The Columbus Dispatch.
State law also tightly regulates where marijuana plants can be grown. Growers must keep plants inside a secured closet, room, or greenhouse that is not visible from public spaces and inaccessible to anyone under age 21. Landlords retain the right to prohibit marijuana cultivation in rental properties.
SB 56 Adds New Limits to Home Grow
Senate Bill 56 would impose additional restrictions on home cultivation beyond those approved by voters in 2023. The legislation would ban home marijuana cultivation in transitional housing and homes used as childcare facilities, even if adults otherwise meet the legal requirements to grow cannabis.
The Ohio Senate passed SB 56 on Dec. 9. The bill also tightens regulations on intoxicating hemp products and modifies key elements of the recreational marijuana framework voters approved in November 2023. The legislation now sits on Gov. DeWine’s desk, where he can sign it into law or issue a veto.
How SB 56 Alters Voter-Approved Legalization
Ohio voters legalized adult-use marijuana through a ballot initiative in November 2023. The law broadly allowed possession, personal cultivation, and regulated commercial sales. However, SB 56 represents one of the Legislature’s most significant efforts to scale back and redefine portions of that voter-approved system.
While lawmakers ultimately preserved the 12-plant home grow limit, SB 56 narrows who can grow cannabis by carving out entire categories of housing where cultivation would no longer be legal. Critics argue these changes undermine voter intent, while supporters say they protect children and vulnerable populations.
Gifting Rules Remain in Place
Ohio law still allows adults to give cannabis plants to other adults — but only under strict conditions. Individuals may transfer up to six plants to another adult as long as they do not receive payment and do not advertise the plants.
Legal Sales Lagged Behind Legalization
Although recreational marijuana became legal in Ohio in December 2023, retail sales did not begin until Aug. 6, 2024, following months of regulatory development. Since sales began, lawmakers have continued to revisit the law, drawing criticism from industry groups and consumer advocates who say the Legislature is steadily narrowing what voters approved.
If Gov. DeWine signs SB 56, Ohio’s adult-use cannabis market would continue operating — but under a more restrictive framework that tightens home grow rules and reinforces legislative control over the state’s marijuana policy.
Michigan Cross-Border Impact
SB 56 could also have ripple effects beyond Ohio’s borders — particularly in Michigan, where recreational marijuana has been legal since 2018 and consumer prices are among the lowest in the nation.
Ohio residents have long crossed into Michigan to purchase recreational marijuana, especially before legal sales launched in Ohio in August 2024. Even after Ohio dispensaries opened, price differences, product variety, and tax structures have continued to draw some consumers north. Michigan’s average retail prices remain significantly lower than Ohio’s due to oversupply and a more mature market.
If SB 56 further restricts home cultivation or limits access for certain residents — such as those in transitional housing — industry analysts say some Ohio consumers may again turn to out-of-state purchases, including Michigan, despite Ohio laws that prohibit transporting marijuana across state lines. Michigan retailers near the Ohio border have historically reported spikes in Ohio-plated vehicles during periods of regulatory tightening or supply constraints in Ohio.
Risk of Driving Consumers Back to the Black Market
Critics of SB 56 warn that additional restrictions on home grow and tighter controls on adult-use marijuana could unintentionally push consumers back toward the illicit market, undermining one of the central goals of legalization.
Ohio voters approved recreational marijuana in part to reduce illegal sales, regulate product safety, and bring cannabis activity into a taxed, monitored system. Industry advocates argue that when legal access becomes more limited — through higher costs, fewer legal options, or restrictions on personal cultivation — consumers often revert to unregulated sources.
Similar patterns have emerged in other states. California, for example, has struggled to shrink its illicit market amid high taxes and regulatory complexity, prompting Gov. Gavin Newsom to roll back a planned excise tax increase earlier this year. Cannabis policy experts frequently cite that case as a cautionary example of how overregulation can weaken legal markets.
Supporters of SB 56 counter that the bill focuses on public safety and youth protection, not market suppression, and say Ohio’s legal dispensary system provides sufficient access for adult consumers. Still, opponents argue that limiting home grow — especially for lower-income residents — may disproportionately affect consumers who cannot afford higher retail prices, making illicit purchases more appealing.
