On December 7th, the use of recreational marijuana became legal in Ohio for the first time ever. And with that, some Ohio restaurants and bars also legally allowed recreational marijuana on their premises for the first time ever.
But, that appears to probably be coming to an end, unless the restaurant or bar is okay with getting an administrative citation.
On December 15th, the Ohio Department of Commerce, Ohio Department of Public Safety, and the Superintendent of the Division of Liquor Control sent a letter to all liquor permit holders with a warning about allowing marijuana on any premise that also serves alcohol.
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“Numerous permit holders have asked whether the use of marijuana is now allowed
in their liquor permit premises. Under the Issue 2 statutory language that was enacted, liquor permit holders can still be issued an administrative citation if they allow the use of marijuana in their permit premises,” says the letter.
“With regard to the adult use of marijuana in a liquor permit premises, Ohio Administrative Rule 4301:1-1-52(B) states that no permit holder, his agent, or employee shall knowingly or willfully: (5) Allow in, upon or about the licensed permit premises, or engage in or facilitate in, the possession, use, manufacture, transfer, or sale of any dangerous drug, controlled substance, narcotic, harmful intoxicant, counterfeit controlled substance, drug, drug paraphernalia, or drug abuse instruments as said terms are defined in ORC Chapter 2925,” the letter continues.
The letter ends with, “While Issue 2 legalized the adult use of marijuana, it did not change the status of marijuana as a controlled substance. Therefore the above prohibitions of OAC 4301:1-1-52 are still applicable. As such, liquor permit holders who knowingly or willfully allow the use of marijuana in, upon, or about their licensed permit premises are subject to administrative citation.”
This definitely clears up some of the lingering questions I think most of us had regarding what is, and what’s not, allowed.
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