TL;DR: I believe 2.5 oz refers to the total amount of qualifying material you own at any location.<\/p>\n
A question I’ve had, since Issue 2 limits possession<\/em> of adult use cannabis to 2.5 ounces is does that mean on your person<\/em> or total quantity that you own. <\/em>Now, there is illegal and then there is actionable — I am curious about legal<\/em>. Especially since I have not found anything that specifies\u00a0dry<\/em> ounces. They list types of products, including flowers. Two and a half ounces of dry material is a lot<\/em>. Without a distinction between a wet ounce and a dry ounce, you may need to stagger bloom and keep your plants relatively small to stay under 2.5 wet<\/em> ounces. Once a harvest dries out, you would have capacity … but the concern is moot if “possession” means “on your person when you are outside of your home”.<\/p>\n Existing Ohio case law established that possession doesn’t mean physically on your person while you are out.<\/p>\n \u201cConstructive possession exists when an individual exercises dominion and control over an object, even though that object may not be within his immediate physical possession.\u201d State v Wolery, 26 Ohio St.2d 316, 329, 348 N.E.2d 361 (1976)<\/p>\n That was in reference to receiving stolen property, but I find this case cited in drug possession cases (e.g. State v Blake, 2023-Ohio-2748). So there is precedent for finding that 3 oz at the house is a violation of the law. Now how would they know? If you’ve got three pounds piled up in your front window. If you are posting online about your huge harvest. Without probable cause, there would be no basis for a warrant and thus they couldn’t measure what you’ve harvested and stored at home.<\/p>\n I wouldn’t suggest taking a pictures of a giant plant. I wouldn’t suggest posting a picture of half a dozen plants deep into bloom, but I’m more cautious about stuff like that. Photograph a single really nice flower, sure. But I wouldn’t give anyone cause to believe my harvest is likely to exceeded 2.5 oz.<\/p>\n I expect wet material is not something you would be able to purchase at a dispensary — if for no other reason than shelf stability — so this distinction is likely only salient for home grow. Some day in the future, I will write our state legislators requesting they consider modifying the code to accommodate freshly harvested wet material.<\/p>\n","protected":false},"excerpt":{"rendered":" TL;DR: I believe 2.5 oz refers to the total amount of qualifying material you own at any location. A question I’ve had, since Issue 2 limits possession of adult use cannabis to 2.5 ounces is does that mean on your person or total quantity that you own. Now, there is illegal and then there is …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1069],"tags":[1933,1934],"class_list":["post-10535","post","type-post","status-publish","format-standard","hentry","category-gardening","tag-home-grow","tag-legalization"],"_links":{"self":[{"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=\/wp\/v2\/posts\/10535","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10535"}],"version-history":[{"count":1,"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=\/wp\/v2\/posts\/10535\/revisions"}],"predecessor-version":[{"id":10536,"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=\/wp\/v2\/posts\/10535\/revisions\/10536"}],"wp:attachment":[{"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10535"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10535"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rushworth.us\/lisa\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10535"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}