Tailgating safely, legally through football season

OHIO — Football season is well underway, and whether Ohioans are celebrating the Ohio State Buckeyes, or praying for the Cleveland Browns and Cincinnati Bengals, fans are constantly gathering at their ritual tailgates. 

The Ohio Department of Commerce is reminding fans to celebrate responsibly and pay attention to laws regarding tailgates related to the consumption of alcohol and cannabis. 

“We want every Ohioan enjoying a tailgate to do so responsibly and with safety in mind,” Division of Liquor Control Superintendent Jackie DeGenova said. “We also remind our permit holders to uphold their responsibility to protect their customers and communities.”

Officials said tailgaters should always comply with Ohio’s underage drinking and open container laws, meaning those under 21-years-old are prohibited from consuming alcohol and reminding that it is illegal to consume alcohol in public spaces unless you are within the boundaries of a liquor permit holder’s premises or an active Designated Outdoor Refreshment Area. Those who are convicted of selling or providing alcohol to those under 21-years-old can face a maximum sentence of six months in jail and/or a $1,000 fine for each offense.

The use of non-medical cannabis in public spaces is also a minor misdemeanor in Ohio, with state law prohibiting smoking or vaping in public indoor vaping also applying to cannabis. Similar to alcohol laws, the use of non-medical cannabis by those under 21-years old is prohibited. Anyone who provides cannabis to minors can face fines and possible jail time.

“We encourage individuals who choose to use non-medical cannabis to do so with safety in mind, both for themselves and those around them,” said Division of Cannabis Control Superintendent Jim Canepa. “Before someone uses a cannabis product, it’s critical they understand state law as it relates to public cannabis use and follow any policies that may be in place depending on where they’re tailgating. It is also important to remember that federal law prohibits crossing state lines with marijuana. Your respect and adherence to these laws and policies will help to ensure everyone’s safety and well-being.”

It is illegal to operate a vehicle while under the influence of cannabis or alcohol, and tailgaters are encouraged to review policies regarding the substances that may affect their tailgate location. Tailgaters who consume alcohol are also encouraged to drink plenty of water, eat beforehand and plan an alternative ride home after the game via a designated driver, using a rideshare service or public transportation. 

“Tailgating is a time-honored tradition in Ohio, and the Department of Commerce wants to ensure it remains a safe and enjoyable experience for everyone,” the department said in a news release. “By following these guidelines, fans can focus on what matters most: cheering on their team.”

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