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Clark County Cannabis – Is It Legal & Where To Buy 2025

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  2. Clark County Cannabis

Is Cannabis Cultivation Legal in Clark County?

Effective September 8, 2016, licensed cannabis cultivation for medical use in Clark County was legalized by the enactment of the State of Ohio’s Substitute House Bill (Sub. H.B.) 523. However, Sec. 3796.29 of Sub. H.B. 523 allows townships and municipalities of Clark County to ban or limit the number of medical cannabis cultivation licensees in their jurisdictions.

Licensed medical cannabis cultivation is restricted by the Ohio Administrative Code (OAC) 3796:2-2-07 to cannabis plants with only 35% or lower tetrahydrocannabinol (THC) content. The Medical Marijuana Control Program (MMCP) of the Ohio Department of Commerce regulates and licenses medical cannabis businesses in the state.

For a medical cannabis cultivation company to operate in Clark County, it must acquire a Level I or Level II medical marijuana cultivator license from the MMCP. Level 1 cultivator licensees may grow medical cannabis in an area with a maximum of 25,000 square feet while Level II cultivator licensees are limited to a growing area with a maximum of 3,000 square feet. The latter may apply for expansion, though.

As of June 2023, applications for Level I and Level II medical marijuana cultivator licenses were closed. As of April 11, 2023, the MMCP had issued 32 medical cannabis cultivator licenses, with 20 of them categorized as Level I. A Level 1 medical cannabis cultivator licensee is located in the City of Springfield in Clark County.

When applying for the medical cannabis cultivator license, all company owners and employees had to pass criminal background checks and paid the following fees:

Level 1:

  • The $20,000 Application Fee
  • The $180,000 First License Fee
  • $200,000 in Subsequent Annual License Renewal Fees

Level II:

  • The $2,000 Application Fee
  • The $18,000 First License Fee
  • $20,000 in Subsequent Annual License Renewal Fees

There is a required distance of over 500 feet from a licensed medical cannabis cultivation facility to a playground, school, library, park, or church. OAC 3796:2-2-05 requires high security for the facility, including a full fence enclosure, a gate with commercial-grade locks, and an adequately lighted perimeter. A security system connected to local law enforcement and the MMCP must operate 24 hours a day with alarms and surveillance cameras. Date-and-time-stamped video recordings must be saved for not less than 45 days. The facility must admit only authorized personnel.

OAC 3796:4-2-04 requires the testing of samples from each batch of dried cannabis crops by a laboratory approved by the MMCP. A crop batch can only be sold after its sample has passed the test and the result has been submitted by the laboratory to the online Ohio Marijuana Enforcement Tracking Reporting & Compliance (METRC) system.

Is Cannabis Manufacturing Legal in Clark County?

Licensed medical cannabis product manufacturing in Clark County is legal according to the enacted Sub. H.B. 523 of the State of Ohio, but only in the townships and municipalities that permit it. Licensed medical cannabis product manufacturing is further restricted by OAC 3796:3-2-07 to the production of medical cannabis products with a maximum of 70 percent THC content.

For a medical cannabis manufacturing company to operate in Clark County, it must acquire a medical marijuana processor license from the MMCP. The requirements for application, location, and security are the same as those required for the medical marijuana cultivator license. As of June 2023, though, applications for medical marijuana processor licenses were closed.

Previous applicants had to pay the following fees:

  • The $10,000 Application Fee
  • The $90,000 First License Fee
  • $100,000 in Subsequent Annual License Renewal Fees

As of December 21, 2022, the MMCP had issued 44 medical cannabis processor licenses, with two of them in Clark County. One licensee is in the City of Enon while the other is in the City of Mad River Twp.

Licensed medical cannabis processors are required by OAC 3796:3-2-05 to ensure the same security measures required from licensed medical cannabis cultivators. OAC 3796:5-2-01 further requires that permitted guests present a valid government-issued photo ID and be accompanied by employees when in the facility. The guests’ entry and exit must be logged.

The same laboratory testing of samples per batch of cannabis crops required for licensed cultivators is also required by OAC 3796:3-2-06 for every batch of medical cannabis products of licensed processors. Moreover, OAC 3796:3-2-02 obligates licensed processors to ensure that all medical cannabis product packages are childproof, tamper-evident, light-resistant, and properly labeled.

Is Cannabis Retail Legal in Clark County?

The licensed retail selling of medical cannabis and medical cannabis products to medical cannabis cardholders in Clark County is legal, but only within municipalities and townships that agree to it, as stipulated by the State of Ohio’s enacted Sub. H.B. 523. As previously discussed, medical cannabis can only have up to 35 percent THC content, and medical cannabis products can only have up to 70 percent THC content.

For a medical cannabis retail company to operate in Clark County, it must acquire a medical marijuana dispensary license from the State of Ohio Board of Pharmacy. As of June 2023, though, applications for medical marijuana dispensary licenses were closed.

Previous applicants had to pay the following fees set by OAC 3796:6-5-01:

  • The $5,000 Application Fee
  • The $70,000 First License Fee
  • $70,000 in Subsequent Annual License Renewal Fees

As of June 14, 2023, the MMCP had issued 89 medical marijuana dispensary licenses, with two of them in Clark County, both in the City of Springfield.

OAC 3796:6-2-02, OAC 3796:6-2-07, and OAC 3796:6-3-16 impose the same requirements for application, location, and security for the medical cannabis dispensary license as those for the medical cannabis cultivator and processor licenses. There is an additional requirement, however, for licensed medical cannabis dispensaries to have security guards on duty within business hours. Also, entry to licensed dispensaries is allowed for medical cannabis cardholders.

A licensed medical cannabis dispensary may apply to the Board of Pharmacy separately for permission to provide drive-through purchase services. This requires tighter security measures, including the use of bullet-resistant glass.

OAC 3796:8-2-06 allows the licensed retail sale to medical cannabis cardholders of medical cannabis in the following forms and products with not more than 55 milligrams of THC content per dose or portion:

  • Cannabis plant material
  • Sprays
  • Lozenges
  • Salves
  • Oil
  • Sublingual films
  • Transdermal patches
  • Tablets
  • Tinctures
  • Capsules
  • Strips
  • Edible products

OAC 3796.06 prohibits forms of medical cannabis and medical cannabis products intended for smoking or combustion.

OAC 3796:6-3-08 requires licensed dispensaries to ask for the purchaser’s medical cannabis card and another valid government-issued photo ID to be compared with the MMCP’s online Patient and Caregiver Registry where all purchases must also be reported.

OAC 3796:7-2-04 limits the purchase of each medical cannabis cardholder to a 90-day supply of medical cannabis and medical cannabis products for each 90-day period in two equal transactions. However, when a physician’s recommendation has just been released, the initial purchase of the medical cannabis cardholder may be for a 46-day supply.

A 90-day supply is set by OAC 3796:8-2-04 as the following:

  • 9 ounces or 254.7 grams of cannabis plant materials
  • 26.55 grams of THC in transdermal patches, ointments, creams, or lotions
  • 9.9 grams of THC in edible medical cannabis products, tinctures, capsules, or oils
  • 53.1 grams of THC in vaporizing oils

However, the 90-day supply of medical cannabis cardholders who are terminally ill differs, as follows:

  • 10 ounces or 283.5 grams of cannabis plant materials
  • 29.5 grams of THC in transdermal patches, ointments, creams, or lotions
  • 11 grams of THC in edible medical cannabis products, tinctures, capsules, or oils
  • 59 grams of THC in vaporizing oils

Is Cannabis Delivery Legal in Clark County?

It is not legal to deliver medical cannabis and medical cannabis products even to medical cannabis cardholders in Clark County according to OAC 3796:6-3-08. Licensed medical cannabis businesses may, however, transport medical cannabis and medical cannabis products amongst themselves.

How to Get a Medical Marijuana Card in Clark County

Residents of Clark County may [apply for an MMCP medical cannabis card](https://medicalmarijuana.ohio.gov/Documents/PatientsCaregivers/How to Obtain Medical Marijuana.pdf) after being diagnosed with one of the following medical conditions by a doctor with a certification to recommend (CTR) medical cannabis treatment from the State Medical Board of Ohio:

  • Glaucoma
  • Sickle cell anemia
  • Inflammatory bowel disease
  • Ulcerative colitis
  • Spinal cord disease or injury
  • Crohn's disease
  • Multiple sclerosis
  • Hepatitis C
  • Severe, chronic, or intractable pain
  • Post‐traumatic stress disorder
  • Acquired immune deficiency syndrome
  • Cancer
  • Amyotrophic lateral sclerosis
  • Fibromyalgia
  • Positive HIV status
  • Tourette's syndrome
  • Parkinson's disease
  • Seizure disorder
  • Alzheimer's disease
  • Chronic traumatic encephalopathy
  • Inflammatory bowel disease
  • Traumatic brain injury
  • Illnesses to be added by the State Medical Board

The doctor will create an account for the patient on the online MMCP Patient & Caregiver Registry and post the physician’s recommendation. If the patient needs a caregiver, the doctor will include both the patient’s and the caregiver’s names and email addresses. Both must present their respective valid government-issued photo IDs to the doctor.

The patient and caregiver will be emailed instructions on how each could complete their applications online and pay their fees. Patients pay $50 while caregivers pay $25. Veteran or indigent patients or caregivers get a 50% discount provided they send the required proofs of qualification by mail to the following:

State of Ohio Board of Pharmacy

MMCP Patient Registry

77. S. High Street, 17th Floor

Columbus, OH 43215

The electronic medical cannabis card will be sent to the registry account of the patient and the caregiver, respectively, from where it could be downloaded in digital form or printed. Whenever the electronic version of the card is used at a licensed medical cannabis dispensary, the cardholder must also show a separate physical valid government-issued photo ID.

How Has Cannabis Legalization Impacted the Economy of Clark County?

The State of Ohio has no special taxes as of June 2023, specifically for medical cannabis, as of June 2023, according to the Law Drug Enforcement and Policy Center of the Ohio State University Moritz College of Law. However, the general state sales tax of 5.25 percent still applies to each item of medical cannabis or medical cannabis product that a medical cannabis cardholder purchases. Furthermore, local governments may impose local sales taxes that could range from 0.25 percent to 2.25 percent.

[Historical data](https://medicalmarijuana.ohio.gov/documents/ProgramUpdate/Historical Sales Data.pdf) provided by the MMCP on the sales of medical cannabis shows the earliest product sales on April 30, 2019, at $5.2 million. On June 12, 2023, product sales totaled $1,349,283,750.

The Effects of Cannabis Legalization on Crime Rates in Clark County

Medical cannabis was legalized in Clark County in 2016.

On the FBI’s Crime Explorer page, data sent by the Clark County Sheriff's Office shows that in 2015, a year before the legalization of medical cannabis, there were 89 arrests for marijuana offenses, comprised of 55 arrests for possession and 34 arrests for sales.

In 2017, a year after the legalization of medical cannabis, there were 23 arrests for marijuana offenses, comprised of 18 arrests for possession and five arrests for sales.

In 2019, there were 29 arrests for marijuana offenses, comprised of 27 arrests for possession and two arrests for sales.

The latest data available, which is from 2021, shows five arrests for marijuana possession.

The number of DUI arrests in those years was as follows:

  • 2015: 26 arrests
  • 2017: 8 arrests
  • 2019: no data
  • 2021: no data