Laws · state-regulation

Ohio Increases Penalty for Selling Cannabis to Minors Under New Law

State raises criminal sanctions for dispensaries and individuals who sell adult-use cannabis to anyone under 21.

By Ethan Walsh, Investigations EditorPublished May 24, 20263 min read
Close-up of the ornate archways and columns at the Minnesota State Capitol building.

Close-up of the ornate archways and columns at the Minnesota State Capitol building.

Ohio enacted legislation increasing criminal penalties for selling cannabis to individuals under 21, a move aimed at tightening enforcement in the state's adult-use market. The law, which took effect this week, elevates violations from a misdemeanor to a higher-degree offense and increases maximum fines for licensed dispensaries found in violation.

New Penalties Target Underage Sales

Ohio's revised statute raises the penalty for selling cannabis to anyone under 21 from a first-degree misdemeanor to a fifth-degree felony. The change applies to both licensed dispensary employees and unlicensed individuals. A fifth-degree felony in Ohio carries a maximum sentence of 12 months in prison and a fine up to $2,500, compared to the prior maximum of six months and $1,000.

Licensed operators face administrative penalties too. Dispensaries found to have sold to minors face mandatory license suspension for a minimum of 30 days on a first violation. A second violation within three years? Permanent license revocation.

An Ohio Division of Cannabis Control spokesperson declined to comment on enforcement priorities but confirmed the agency has opened compliance reviews at three dispensaries in the past 60 days related to age-verification failures.

Legislative Intent and Industry Response

State lawmakers framed the bill as a public-health measure to prevent youth access in Ohio's nascent adult-use market. The legislation passed the Ohio House 72-25 in April and cleared the Senate 24-8 earlier this month. Republican sponsors cited rising concerns about underage consumption, though no state data has documented a measurable increase since adult-use sales began in August 2024.

The enhanced penalty structure places Ohio among the strictest states for underage cannabis sales enforcement, exceeding sanctions in Michigan and Illinois.

Industry groups opposed the measure. The Ohio Cannabis Coalition argued existing misdemeanor penalties and license-suspension rules already provided sufficient deterrence, and the group noted that Ohio's adult-use program requires two-factor ID verification at point of sale—a standard stricter than neighboring states.

Implications for Operators and Compliance Costs

Dispensary operators now face heightened liability for employee training failures and ID-verification lapses. Several MSOs with Ohio footprints have begun rolling out additional compliance protocols, including mandatory quarterly refresher training and third-party audits of age-verification systems.

A Columbus-area dispensary manager, speaking on condition of anonymity, estimated the new compliance burden adds $15,000 to $20,000 in annual operating costs per location. That includes training software subscriptions, third-party audits, and liability insurance premium increases.

For full background on Ohio's evolving regulatory framework, see the CannIntel topic hub on Ohio's adult-use program.

The next test: whether DCC enforcement actions increase under the new statute. No felony charges have been filed to date. But the agency's compliance calendar shows 12 dispensaries scheduled for age-verification audits in June.

Sources

Ohiounderage salescomplianceDCCdispensary licensingcriminal penalties
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