In December 2023, the Ohio Department of Commerce released a statement clarifying the use or sale of marijuana in liquor-permit premises. Although Issue 2 legalized recreational adult cannabis use in Ohio, using the substance in establishments with permits to serve alcohol is still a big no-no, the statement said.
The outcome was no surprise to Tim Johnson, a cannabis advocate and former law enforcement officer who advised the Ohio legislature on the state’s much-debated marijuana legalization initiative. Yet, the policy has not diminished Johnson’s optimism about the possibility of cannabis consumption lounges in the Buckeye State – it’s just a matter of finding the right loopholes, he said.
As the name suggests, cannabis lounges allow for public consumption of flower, joints, edibles and other products by adults. At least 10 states have legalized social marijuana shops, with individual states adopting regulations on how these spaces can operate.
Johnson and other cannabis proponents believe it’s unlikely that Ohio will permit sales outside of a heavily regulated dispensary setting. Ohio law further forbids combining liquor sales with marijuana, currently deemed a Schedule 1 drug by the state. However, a coffee shop owner could technically set aside a patio space for adults interested in imbibing, said Johnson.
“I haven’t found anything (in the Ohio Revised Code) that says this would be illegal,” Johnson said. “If it’s a loophole or open door, maybe it’s an unforeseen right where people have this opportunity.”
Entrepreneurs enacting a “bring your own bud” policy would ideally keep them compliant with the ORC, noted Johnson. Nor would potential consumption spaces be restricted to coffee shops – a pizza parlor in Columbus removed liquor from the menu so customers can smoke up on their patios.
“The whole program is about challenging the law,” said Johnson. “A ‘safe space’ is a good word to use for what we’re looking for. Once lounges are implemented, they can be an asset to the economy, but they would also allow people to get out and socialize.”
A bit of history
Social cannabis spots have precedent in the U.S. - pre-Prohibition “hemp retreats” operated in New York, Boston and Chicago. In Europe, Amsterdam’s “coffee shops”, where people gather for cannabis rather than a cup of joe, are perhaps better-known to those seeking a safe and legal bar environment.
Modern lounges in the U.S. are mostly found in mature adult-use markets such as California, Colorado and Illinois – these hangouts are often separately licensed, even when located within a dispensary, said Verde Compliance Partners executive director Harry Bernstein, whose Cleveland firm works with growers and processors on the registration of their businesses.
“For a lot of places where smoking has been outlawed, they created cigar lounges,” said Bernstein. “That’s effectively what these (cannabis lounges) are, but with more tracking and control of the product.”
Ohio’s Republican-majority legislature is unlikely to create new regulations for public consumption, meaning it may take an Issue 2-like grassroots effort to get lounges built in-state, Bernstein said.
“You can put regulations in place as long as you’re applying track, trace and testing on the product itself,” said Bernstein. “The biggest difference is people bringing in their own product, or will they have to purchase on site,”
Cannabis advocate Tim Johnson believes the substance should be treated like beer and wine.
“We’re compliant with laws for liquor and tobacco,” said Johnson. “This is just throwing a different product or service into the arena and saying we have to be compliant with this, too.”
Creating a culture
Anthony Riley uses cannabis to alleviate effects of a traumatic brain injury he suffered at age 15. A skull fracture had Riley relying on opiate painkillers until he got one of Ohio’s first medical marijuana cards in 2018.
“I didn’t know a lot of people with brain injuries who self-medicated with cannabis,” said Riley, who purchases product from Northeast Ohio medical cannabis companies including Buckeye Relief in Eastlake. “I started to feel there was a reason to use rather than just to get high.”
A 2006 state smoking ban prohibits lighting up in public and in places of employment in Ohio. The ban is another obstacle for cannabis lounges – the state will not consider indoor smoking without proper HVAC systems to eliminate odor and excess vapor, Riley said.
Would-be marijuana proprietors must also respect zoning laws that limit their proximity to schools, parks and other “sensitive” areas. Hours of operation along with strict age limitations are additional factors restricting the launch of legal consumption spaces, said Riley.
“There’s always been a culture of folks coming together – consumers in general have been having events and meet-ups (around cannabis),” he said. “We’d like a safe, legitimate place to go that the police aren’t going to raid.”
Riley has visited such establishments in Michigan, where alcohol was replaced with marijuana. While this may be a literal pipe dream for Ohio, a properly-run social cannabis space would uplift the surrounding community, he said.
“It’s about creating pathways for people to have entrepreneurial opportunities in cannabis,” said Riley. “And people like to compare information about various strains, and show and tell what they have. Folks want a more personal space to meet with other people.”
Other cities have lounges in entertainment areas, or near stadiums and hotels. Bernstein, the Cleveland attorney, said Northeast Ohio following suit would be a boon for local tourism.
“If the goal is to make Ohio a more exciting place to live, you want to offer options that competing states have,” Bernstein said. “You need things that people can get in the rest of the country to compete effectively.”
