Ohio
Equity Project State Briefing
Legal Status
Is Cannabis Legal in Ohio?
- Adult-Use:
No
- Medical:
Yes
Cannabis in Ohio is only legal for medical use.
Date of Legalization
- Medical:
2016
Ohio legalized cannabis for medical use in 2016 through the enactment of House Bill 523.
Source:
Ohio Legislature, General Assembly 131 House Bill 523. Retrieved January 13, 2022
Jim Provance (June 8, 2016) "Gov. Kasich signs medical marijuana law". Toledo Blade. Retrieved January 13, 2022
Possession Limits
Within Ohio’s medical use framework patients may possess up to a 90-day supply of cannabis at once. The formula for calculating a 90 day supply was revised in 2021. As of January 2022, a 90 day supply for patients with non-terminal illness includes up to 9 ounces of plant material, 26.55 grams of THC in the form of a patch for transdermal administration, lotion, cream, or ointment, 9.9 grams of THC in the form of Oil, tincture, capsule, or edible for oral administration or 53.1 grams of THC in the form of Oil for vaporization. These limits are increased for patients with terminal illnesses. Patients are not allowed to grow their own cannabis at home.
Source:
Ohio Admin. Code 3796:7-2-04. Subsection F. Purchase of medical marijuana
Ohio Rev. Code Ann. § 2925.11. Possession of drugs. Subsection C (3)(a)
Ohio Admin. Code 3796:8-2-04. Quantity of medical marijuana that may be purchased by a patient or caregiver
The Register of Ohio, Public Notice of State Agency Rulemaking Filings for Rule Number 3796:8-2-04. Quantity of medical marijuana that may be purchased by a patient or caregiver
Other Licensing Provisions
License Caps
Ohio is a limited license state and has licensing caps within its medical cannabis framework based on state population, the number of patients seeking to use medical marijuana and the geographic distribution of dispensaries to ensure patient access to medical marijuana. The cap was more than doubled in March 2021 from 60 to 130.
Source:
Ohio Admin. Code 3796:6-2-05. Number of dispensary provisional licenses
Ohio Admin. Code 3796:2-1-01.
Ohio Medical Marijuana Control Program State of Ohio Board of Pharmacy RFA II Proposal. Retrieved January 13, 2022
ABC News "Here's how the state of Ohio will select 73 new medical marijuana dispensaries". Retrieved January 13, 2022
Application Selection Process
- Selection System:
Merit / Lottery
Ohio distributed its first 57 medical cannabis licenses through a merit system. The state issued its subsequent 73 licenses through a lottery system.
Source:
Ohio Admin. Code 3796:6-2-04. Subsection (A) Medical marijuana dispensary license application evaluation
Ohio Medical Marijuana Control Program, Dispensary RFA II Frequently Asked Questions: Will there be any changes to the application process compared to last time?. Retrieved January 13, 2022
Felony Disqualification on Ownership
- Ownership Exclusion for Felony Convictions:
Yes
- Exemption for Cannabis Offenses:
Yes (Misdemeanor Convictions)
Ohio’s medical use framework disqualifies applicants for cannabis licensure on the basis of certain convictions. No misdemeanor conviction related to cannabis is considered a disqualifying offense. A disqualifying offense is:
(i) Any drug offense, which resulted in a felony or misdemeanor of the first degree;
(ii) Any felony theft offense;
(iii) Any violation of the states Pure Food And Drug Law;
(iv) A crime of moral turpitude.
Source:
Ohio Admin. Code 3796:1-1-01. Subsection 15
Employee Criminal Records
- Conviction Restrictions for Employees:
Yes
- Exemption for Cannabis Offenses:
Yes (Misdemeanor Convictions)
Ohio’s medical use sector has restrictions disqualifying potential employees with certain convictions. A dispensary shall not employ any person who has been convicted of a disqualifying offense. No misdemeanor conviction related to cannabis is considered a disqualifying offense.
A disqualifying offense is:
(i) Any drug offense, which resulted in a the a felony or misdemeanor of the first degree;
(ii) Any felony theft offense;
(iii) Any violation of the states Pure Food And Drug Law;
(iv) A crime of moral turpitude.
Source:
Ohio Admin. Code 3796:6-2-09. Subsection I and L. Medical marijuana dispensary employees generally
Ohio Admin. Code 3796:1-1-01. Subsection 15
Availability of Expungements
- Expungements:
Yes, Not Automatic
Ohio offers record cleaning remedies for certain cannabis convictions, however this process is not automatic and requires action from the individual. Individuals may petition to have their conviction sealed after varying amounts of time depending on the severity of the conviction. This remedy is available to cannabis convictions as well as other conviction types.
Source:
Ohio Rev. Code Ann. § 2953.32. Sealing of record of conviction or bail forfeiture
Social Equity
Social Equity Definition / Criteria
Ohio does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Social Equity Provisions
Ohio does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Fee Waivers and Reductions
Ohio does not offer fee waivers or reductions to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Other Financial Support for Social Equity Applicants and Licensees
Ohio does not offer state level funding to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
License Priorities and Set Asides
Ohio does not offer state level licensing priority or set asides to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition. While Ohio’s 2016 medical marijuana law required 15% of all licenses to grow, process and sell marijuana be awarded to companies majority-owned and operated by a racial minority. A Franklin County judge struck down the provision as it applied to cultivators and processors in November 2018.
Source: