Cincinnati, OH Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing law
- Cincinnati Municipal Code § 910-23
- Covered amount
- Under 100 grams
- Private-use fine
- $0.00, no court costs
- Public-place use
- Standard minor-misdemeanor fine applies
- Record impact
- No criminal record created
- Adopted
- Emer. Ord. No. 0175-2019, eff. July 12, 2019
Summary
Cincinnati decriminalized simple marijuana possession under 100 grams to a $0.00 fine -- but only when the use or possession happens away from public view. Municipal Code § 910-23(B) keeps the normal minor-misdemeanor fine in place for anyone found using or possessing marijuana on a sidewalk, street, park, or other place open to the public.
(A)No person aged eighteen or over shall knowingly obtain, possess, or use marijuana, in an amount less than one hundred grams.(B)Whoever violates this section is guilty of possession of marijuana, a minor misdemeanor. Persons convicted of violating this section shall be fined $0.00, provided that any such use of marijuana did not occur in a public place, defined for purposes of this section as places generally open to the public, including, but not limited to, sidewalks, streets, parks, and places of public accommodation.(D)All court costs shall be $0.00 for violations of this section herein.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 48 Update 4).
Full Breakdown
Section 910-23, Possession of Marijuana, makes it a minor misdemeanor for anyone 18 or older to knowingly obtain, possess, or use marijuana in an amount less than one hundred grams (subsection A). 00, with one express condition -- the $0 fine applies only provided that any such use of marijuana did not occur in a public place. The section defines public place, for this purpose, as places generally open to the public, including, but not limited to, sidewalks, streets, parks, and places of public accommodation.
In other words, possessing or using under 100 grams in a private home or other non-public setting draws no fine at all, while doing the same in a public place keeps the ordinary minor-misdemeanor penalty on the books. Subsection (D) also zeroes out court costs for violations of this section. Subsection (C) adds a record-shielding protection: an arrest or conviction under this section does not constitute a criminal record and need not be disclosed on job, license, or other applications, or when testifying as a witness.
The ordinance was adopted by Emergency Ordinance No. 0175-2019, effective July 12, 2019, and amended by Ordinance No. 324-2019 later that year -- a local decriminalization measure enacted years before Ohio's 2023 statewide adult-use legalization vote.
Violations & Fines
Using or possessing under 100 grams of marijuana in private draws a minor-misdemeanor conviction but a $0.00 fine and $0.00 court costs under § 910-23(B) and (D). The same conduct in a public place -- a sidewalk, street, park, or place of public accommodation -- keeps the standard minor-misdemeanor fine in effect, since the $0 fine provision expressly does not apply there.
Frequently Asked Questions
Can you smoke marijuana in public in Cincinnati?
How much marijuana can you legally have in Cincinnati?
Does a marijuana citation show up on a Cincinnati background check?
Sources & Official References
Other rules in Cincinnati
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