Ohio Departments of Commerce and Public Safety clarify marijuana use in liquor permit premises

The Ohio Department of Commerce's Division of Liquor Control (DOLC) and the Ohio Department of Public Safety wish to clarify the rules regarding the use of marijuana in liquor permit premises following the recent passage of Issue 2, which legalized the adult use of marijuana in Ohio.

While Issue 2 has indeed legalized the recreational use of marijuana for adults in Ohio, liquor permit holders need to understand that this change does not permit the use of marijuana within their establishments. DOLC sent a memorandum to stakeholders Friday which can be found here.

Issue 2, approved by Ohio voters on Nov. 7, 2023, and effective since Dec. 7, 2023, did not alter the status of marijuana as a controlled substance. Thus, the restrictions of Ohio Administrative Code 4301:1-1-52 remain in effect.

As a result, any liquor permit holders who knowingly or willfully permit the use of marijuana in, upon, or about their licensed permit premises are subject to administrative citation. Bars, restaurants or any other liquor permit holder are subject to fines or possible revocation of their license.

The DOLC, in partnership with the Ohio Department of Public Safety's Investigative Unit and local law enforcement, is charged with controlling the manufacture, distribution and sale of all alcoholic beverages in Ohio and has enforcement authority over Ohio liquor permit holders. All administrative citation cases are heard by the Ohio Liquor Control Commission.