Yes, this is allowed in Butler County, but only for businesses licensed by the Ohio Department of Commerce to cultivate medical marijuana. Ohio House Bill 523 legalized the use of medical marijuana in September 2016. Under this act, the Ohio Medical Marijuana Control Program (MMCP) was established under the Department of Commerce and the State Board of Pharmacy to regulate the licensing of medical marijuana cultivators, processors, laboratories, and retail dispensaries, as well as the registration of medical marijuana patients and their caregivers.
According to the MMCP, cultivators may be classified as either Level I or Level II. Level I cultivators are allowed to cultivate in a maximum land area of 25,000 square feet. On the other hand, Level II cultivators may operate in a smaller area of 3,000 square feet.
Generally, all cultivator license holders may not cultivate medical marijuana on any public land. Adequate storage and security equipment, such as alarm systems, fencing, and surveillance cameras, should be implemented in accordance with Rule 3796:2-2-05. Depending on the approved operations and quality assurance plan, outdoor cultivation may be permitted. Following Rule 3796:2-2-07, cultivators in Butler County are prohibited from doing the following activities:
Growing an unregistered and unapproved marijuana
Selling any form of medical marijuana to a patient or caregiver
Producing medical marijuana in excess of the quantity needed for its normal operations
Amending its approved operations plan, quality assurance plan, and cultivation or production techniques without prior approval from the department
Selling plant material exceeding 35% tetrahydrocannabinol (THC) content as defined in Rule 3796:1-1-01 of the Administrative Code
The processing or manufacturing of medical cannabis is permitted in Butler County. According to House Bill 523, all licensed medical marijuana processors are allowed to do the following:
Acquire medical marijuana from a licensed cultivator
Process medical marijuana into oils, tinctures, plant material, edibles, patches, or other forms as described in Section 3796.06 of the Revised Code
Deliver or sell medical marijuana products to licensed retail dispensaries
Licensed processors must package their products in child-resistant packages as described in 16 C.F.R. 1700.15(b). Additionally, all products should be labeled with their appropriate THC and cannabidiol content. Businesses may utilize MMCP’s eLicensing Self-Service Portal to apply for a license. Fees apply as follows: $10,000 for a processor application, $90,000 for a Certificate of Operation, and $100,000 for license renewal.
Cannabis Retail is legal in Butler County. Dispensaries offer oils, tinctures, flowers, edibles, patches, and vapes.
House Bill 523 guides the operations of dispensaries in Butler County. Aside from a Certificate of Operation, dispensaries are required to:
Dispense only to patients who are at least 18 years old and their designated caregiver with an active registration card, valid identification card, and physician’s recommendation
Label the dispensed medical marijuana with the following details:
Name and address of licensed processor and dispensary
Name of patient and caregiver
Name of recommending physician
Directions for use
Date when the medical marijuana was dispensed
Quantity, strength, and kind of medical marijuana dispensed
Operate only with adequately trained employees
Keep all collected patient information or details that may identify them private
Qualified patients and their caregivers may be able to buy a 90-day supply of medical marijuana products. This may be divided into two 45-day fill periods, where the first fill period is for days 1-45 of the patient’s active recommendation, and the second fill period is for days 46-90.
No. Butler County does not allow cannabis delivery to medical marijuana patients. Rule 3796:6-3-08 of the Ohio Administrative Code states explicitly that medical marijuana should not be sold, dispensed, or distributed to a qualified patient or caregiver via delivery. However, the caregiver is allowed to transport the medical marijuana to their registered patient. Additionally, Butler County only permits the following movement of medical marijuana pursuant to House Bill 523: delivery from a licensed cultivator to other licensed processors or delivery from a licensed cultivator to other licensed dispensaries.
Amyotrophic lateral sclerosis
Chronic traumatic encephalopathy
Epilepsy or another seizure disorder
Inflammatory bowel disease
Chronic or intractable pain
Post-traumatic stress disorder
Sickle cell anemia
Spinal cord disease or injury
Traumatic brain injury
Afterwhich, the patient or caregiver will receive an email allowing them to complete their registration in the Patient Registry. A $50 fee for patients and a $25 fee for caregivers will be collected annually to keep the registration.
For more information, the MMCP may be reached at 1-833-464-6627 or through its online contact form.
Butler County does not impose any special tax on medical marijuana purchases. However, the state subjects its patients to a 5.25% regular state tax and 0.25-2.25% local sales tax. Butler County significantly contributes to Ohio’s economy, having licensed cultivators, processors, and dispensaries. As of October 2022, 309,548 Ohio residents have been registered in the Patient Registry contributing to a total of $1.045 billion in product sales.
Medical marijuana became legal in Butler County when the State of Ohio approved House Bill 523 in 2016. However, the first dispensaries selling cannabis products only started operating three years later. According to the FBI Crime Data Explorer, marijuana possession offenses in Ohio have significantly decreased since its legalization – from 18,274 arrests in 2016 to 6,450 in 2021. Additionally, arrests for marijuana drug sale offenses reduced from 1,034 in 2016 to 219 in 2021.