Medical Marijuana in Ohio
In June 2016, Governor John Kasich signed HB 523 into law making Ohio the 25th state to legalize medical marijuana. Unfortunately, it wasn’t until 2018 when the program officially launched, and patient sales began. The law allows individuals with qualifying medical conditions to use medical marijuana with a doctor’s recommendation, as well as established a regulatory framework for regulating the cultivation, processing, and sale of medical marijuana in the state. As of March 2023, there are over 355,358 registered patients in the Ohio Medical Marijuana Control Program.
Recreational Marijuana in Ohio
In November 2023, the Buckeye State 24th state to legalize the adult-use of marijuana as the majority of Ohio voters passed Issue 2. The fundamental provisions of Section 3780 of the Ohio Revised Code were effective as of December 7, 2023. The Ohio Division of Cannabis Control will oversee the dual-licensing process for current licensed Ohio medical marijuana operators to ensure a smooth transition into the adult-use market. Moreover, with the approval of Issue 2, adults 21 years and older are permitted to cultivate up to six (6) plants, with a limit of twelve (12) plants per household, for personal use.
Qualifying Conditions for Medical Cannabis in Ohio
Under Ohio law, the qualifying medical conditions need to be determined as severe, or pain that is either chronic or intractable and includes the following: AIDS; amyotrophic lateral sclerosis; Alzheimer’s disease; cachexia; cancer; chronic traumatic encephalopathy; Crohn’s disease; epilepsy or another seizure disorder; fibromyalgia; glaucoma; hepatitis C; Huntington’s disease; inflammatory bowel disease; multiple sclerosis; Parkinson’s disease; positive status for HIV; post-traumatic stress disorder; sickle cell anemia; Spasticity; spinal cord disease or injury; terminal illness; Tourette syndrome; traumatic brain injury; and ulcerative colitis.
In February 2021, the State Medical Board of Ohio determined the following conditions are considered covered by an existing qualifying condition: arthritis; chronic migraines; and complex region pain syndrome.
Authorized Forms of Medicinal Marijuana in Ohio
The following forms of medical marijuana are authorized: oils, tinctures, plant material, edibles, lotions, creams, and patches. The law prohibits the use of medical marijuana by smoking or combustion but does allow for vaporization (vaping).
Upcoming Applications for Medical Marijuana Business Licenses
Currently, the Division is accepting applications for dual licenses and 10(B) dispensary licenses, specifically from current Ohio medical marijuana operators. However, for those who wish to apply who are not licensed as medical marijuana operators in the state, the Division will issue up to forty (40) Level III adult use cultivator licenses and up to fifty (50) adult use dispensary licenses with preference to applicants certified as cannabis social equity and jobs program participants.
Moreover, if the proposed legislation SB 9 passes, Ohio’s medical marijuana program would permit expansion on the number of cultivators and dispensaries permitted in the state.
With applications to open in the near future, now is the time to work with a Team of experts to shape your competitive business! Contact us today to discuss your options.
Last Updated: June 12th, 2024