The licensed cultivation of cannabis only for medical use in Medina County is legal under the enacted Substitute House Bill (Sub. H.B.) 523 of the State of Ohio which was effective on September 8, 2016. However, Ohio Administrative Code (OAC) 3796:2-2-07 restricts cannabis cultivation to cannabis crops that contain a maximum of 35% content of tetrahydrocannabinol (THC).
Sec. 3796.29 of the Act allows municipalities and townships to adopt an ordinance to limit the number of cannabis businesses within their areas or ban these completely. For instance, the City of Medina’s Ordinance No. 78-17 disallows any type of marijuana business within the city, including cannabis cultivation businesses.
A medical cannabis cultivation company in Medina County is required to obtain a medical marijuana cultivator license from the Medical Marijuana Control Program (MMCP) of the Ohio Department of Commerce. All medical marijuana regulations and licensing are under the MMCP. A licensed cultivator may only sell to other licensed cannabis companies and is prohibited from selling directly to medical cannabis cardholders.
A cultivator may hold either a Level I or Level II license. Level I cultivator licensees are allowed to grow a canopy of medical cannabis crops to a maximum of 25,000 square feet while Level II cultivator licensees are allowed to grow only up to 3,000 square feet, after which they must seek approval if they wish to expand. As of April 11, 2023, the MMCP has issued 32 cultivator licenses, of which 20 were Level I and 12 were Level II. There were none in Medina County.
Companies applying for the medical cannabis cultivator license must have their owners and employees go through a criminal background check. The following nonrefundable fees must be paid:
License application fee: $20,000
Initial license fee: $180,000
Annual license renewal fee: $200,000
License application fee: $2,000
Initial license fee: $18,000
Annual license renewal fee: $20,000
A licensed cultivation facility of medical cannabis must be more than 500 feet from any place of worship, school, playground, library, or public park. OAC 3796:2-2-05 requires strict security measures that include the complete enclosure of the facility by a fence and a gate equipped with commercial-grade locks and the perimeter being lighted adequately. A security system working around the clock must be connected to the MMCP and local law enforcement authorities. It must include alarms and recorded video surveillance with a date and time stamp. Footage must be retained for at least 45 days. Only authorized persons must be allowed entry.
OAC 3796:4-2-04 requires licensed medical cannabis cultivators to send random samples from each batch of cannabis crops to an independent testing laboratory accredited by the MMCP. Until the results of the test have been submitted to the Ohio Marijuana Enforcement Tracking Reporting & Compliance (METRC) system online, the medical cannabis cultivator licensee is not allowed to sell any part of that medical cannabis crop batch.
The licensed manufacturing of cannabis products in Medina County is legal under the State of Ohio’s enacted Sub. H.B. 523 provided it is for medical use only and the municipality allows it. Furthermore, OAC 3796:3-2-07 restricts this to the production of medical cannabis products that contain a maximum of 70% content of THC.
A medical cannabis manufacturing company in Medina County must acquire an MMCP medical marijuana processor license which carries the same application requirements, location limits, and regulations as the medical cannabis cultivator license, except for the difference in fees. The medical marijuana processor's nonrefundable fees are as follows:
License application fee: $10,000
Initial license fee: $90,000
Annual license renewal fee: $100,000
As of December 21, 2022, the MMCP has issued 44 processor licenses, of which none were in Medina County.
OAC 3796:3-2-05 requires medical cannabis processor licensees to implement strict security measures similar to those that licensed medical cannabis cultivators must implement. In addition, OAC 3796:5-2-01 requires that authorized visitors must be asked for a valid government-issued photo ID and their entry and exit must be logged. Facility personnel must accompany them throughout the visit.
OAC 3796:3-2-06 mandates the testing of random samples from each batch of medical cannabis products manufactured, similar to the testing requirements for licensed medical cannabis cultivators.
OAC 3796:3-2-02 requires that all medical cannabis products be contained in tamper-evident, light-resistant, and childproof packaging. They must all be labeled clearly with the following:
The manufacturing licensee’s registration number and company name
The intended dispensary licensee’s registration number and company name
The registration number and company name of the accredited testing laboratory
The medical cannabis product’s lot number, product type, and name
The medical cannabis product’s quantity and weight
The cannabinoid content of the medical cannabis product
The method of medical cannabis extraction used
The medical cannabis product’s dates of manufacturing, testing, and packaging
The medical cannabis product’s expiration date, which must not be more than one year from its manufacturing date
The medical cannabis product’s method of usage
The warnings required by the State of Ohio for medical cannabis products
For edible medical cannabis products, the following details must be added to the label:
The list of all ingredients
A warning if any major allergen is contained in the medical cannabis product
The warning that the effects of edible medical cannabis products are delayed after ingestion, as required by the State of Ohio
The licensed retail selling of cannabis and cannabis products exclusively for medical use in Medina County is legal under the enacted Sub. H.B. 523 of the State of Ohio provided it is permitted by the municipality. Only licensed dispensaries can sell these and only to medical cannabis cardholders. Moreover, licensed dispensaries can only sell medical cannabis that contains a maximum of 35% THC content and medical cannabis products that contain a maximum of 70% THC content according to OAC 3796:2-2-07 and OAC 3796:3-2-07, respectively.
A medical cannabis retail company in Medina County must first be granted a medical marijuana dispensary license by the State of Ohio Board of Pharmacy. As of April 20, 2023, the Board has issued 76 medical cannabis dispensary licenses, with none located in Medina County.
OAC 3796:6-5-01 specifies the following non-refundable fees for the retail selling of medical cannabis:
License application fee: $5,000
Initial license fee: $70,000
Biennial license renewal fee: $70,000
The application requirements and site restrictions that apply to medical cannabis cultivation and manufacturing are also required for medical cannabis retail by OAC 3796:6-2-02 and OAC 3796:6-2-07, respectively. The security requirements of OAC 3796:6-3-16 for medical cannabis retailers are also akin to those for medical cannabis cultivators and manufacturers. In addition, medical cannabis cardholders are authorized to enter licensed medical cannabis dispensaries. Moreover, security guards are required during the business hours of licensed medical cannabis dispensaries.
To be able to provide drive-through purchase services, a licensed medical cannabis dispensary needs separate approval from the Board of Pharmacy. This also entails higher security, such as the use of bullet-resistant glass.
The following forms of medical cannabis and medical cannabis products may be sold by licensed medical cannabis dispensaries as mandated by OAC 3796:8-2-06, as long as every serving or dose does not exceed 55 milligrams of THC as required by OAC 3796.06:
Cannabis flowers, buds, trim, and shakes
OAC 3796:6-3-08 requires licensed medical cannabis dispensaries to ask for the purchaser’s medical cannabis card and another valid government-issued photo ID and to check these on the online Patient and Caregiver Registry of the MMCP. Every sale must be logged in the licensed dispensary inventory system that is connected to the medical cannabis inventory system of the state.
The licensed medical cannabis dispensary may only sell to a medical cannabis cardholder a 90-day supply of medical cannabis in two equal purchases every 90-day period, as mandated by OAC 3796:7-2-04. On a newly-released physician’s recommendation, though, the first purchase may be for a 46-day supply.
OAC 3796:8-2-04 further specifies the 90-day supply as follows:
For regular patients:
9 oz or 254.7 grams of cannabis plant parts
26.55 grams of THC in transdermal patches, creams, lotions, or ointments
9.9 grams of THC in oils, tinctures, capsules, or edible medical cannabis products
53.1 grams of THC in oils for vaping
For terminally ill patients:
10 oz or 283.5 grams of cannabis plant parts
29.5 grams of THC in transdermal patches, creams, lotions, or ointments
11 grams of THC in oils, tinctures, capsules, or edible medical cannabis products
59 grams of THC in oils for vaping
It is prohibited for licensed dispensaries to deliver medical cannabis and medical cannabis products even to medical cannabis cardholders in the State of Ohio, including Medina County and its municipalities, as mandated by the state’s OAC 3796:6-3-08. Only the delivery of medical cannabis and medical cannabis products between licensed medical cannabis facilities is allowed by law.
Medina County residents may [apply for an MMCP medical cannabis card](https://medicalmarijuana.ohio.gov/Documents/PatientsCaregivers/How to Obtain Medical Marijuana.pdf) by first getting a diagnosis for one of the following medical conditions from a doctor granted by the State Medical Board of Ohio a certification to recommend (CTR) medical cannabis treatment:
Inflammatory bowel disease
Amyotrophic lateral sclerosis
Spinal cord disease or injury
Inflammatory bowel disease
Acquired immune deficiency syndrome
Post‐traumatic stress disorder
Sickle cell anemia
Traumatic brain injury
Positive HIV status
Chronic, severe, or intractable pain
Chronic traumatic encephalopathy
Any medical condition that the state medical board adds
If a diagnosis is made, the applicant and any necessary caregiver must provide the doctor with their respective valid government-issued IDs and email addresses. The doctor will create a patient profile in the online Patient & Caregiver Registry and upload the physician’s recommendation along with the information for both the patient and caregiver.
The patient and caregiver will each receive an email through which they can open their respective accounts and complete their applications. There is a $50 fee for patients and a $25 fee for caregivers. Patients who are veterans or indigent may claim a 50% discount by submitting the required documentation by mail to the State of Ohio Board of Pharmacy at:
State of Ohio Board of Pharmacy
MMCP Patient Registry
77. S. High Street, 17th Floor
Columbus, OH 43215
The approved card will [appear on the online registry for downloading and printing](https://medicalmarijuana.ohio.gov/Documents/PatientsCaregivers/Quick Reference Guide - Activating Your Medical Marijuana Card.pdf#:~:text=PLEASE%20NOTE%3A%20The%20Board%20of%20Pharmacy%20will%20not,you%20to%20purchase%20medical%20marijuana%20at%20a%20dispensary.) by the patient or caregiver. The holder may present to a licensed dispensary the printed or digital medical cannabis card along with a valid government-issued photo ID.
Information from the Ohio State University’s Moritz College of Law shows that medical cannabis purchases are taxed with the regular 5.25% state sales tax and local sales taxes ranging from 0.25% to 2.25%, depending on the locality. These may all be charged by the licensed dispensary to medical cannabis cardholders making the purchase.
The MMCP’s historical sales data shows the earliest entry dated April 30, 2019, with total medical cannabis product sales of $5.2 million. In the MMCP’s March 19, 2023 program update, total product sales were reported to be $1.24 billion.
Medical cannabis was legalized in 2016 in Medina County.
In 2018, two years after the legalization of medical cannabis, there was no marijuana offense arrest.
In 2021, which is the latest available data, there were 33 marijuana offense arrests, comprised of 32 arrests for possession and one arrest for sales or manufacturing.
The number of DUI arrests was as follows in those years:
2015: 15 arrests
2018: 18 arrests
2021: 40 arrests