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

Is Cannabis Cultivation Legal in Miami County?

The State of Ohio’s Substitute House Bill (Sub. H.B.) 523 made licensed cannabis cultivation for medical purposes legal in Miami County starting September 8, 2016. However, Ohio Administrative Code (OAC) 3796:2-2-07 requires that the permitted medical cannabis plants contain no more than 35% tetrahydrocannabinol (THC) based on weight. Municipalities are also permitted under Sub. H.B. 523 Sec. 3796.29 to forbid or limit the setting up of cannabis cultivation companies in their territory via an ordinance. Miami County does not have such an ordinance.

Sub. H.B. 523 established the Medical Marijuana Control Program (MMCP) of the State of Ohio under the Ohio Department of Commerce for the licensing and control of medical cannabis across the state. Before opening a medical cannabis cultivation business, a medical marijuana cultivator license must be acquired from the MMCP. The maximum growing space for a Level I medical marijuana grower license is 25,000 square feet, whereas the maximum cultivation area for a Level II medical marijuana cultivator license is just 3,000 square feet. When Level II license holders reach their allowed space, they may request an expansion for their cultivation area.

Owners and workers of firms asking for a medical cannabis cultivation license must submit to a criminal background check. The fees levied on applicants and licensees are as follows:

Applications closed for both Level I and Level II medical marijuana cultivator licenses in June 2023. As of July 13, 2023, 33 medical marijuana cultivator licenses were granted throughout the state, of which 20 were for Level I and 13 were for Level II. One Level II licensee was located in Tipp City in Miami County.

A licensed medical marijuana cultivation facility must be at least 500 feet away from a school, church, park, playground, or library. According to OAC 3796:2-2-05, medicinal cannabis growing must take place in a completely fenced facility safeguarded by a commercial-grade security system that has had the approval of the MMCP. Motion detectors, alarms, and continuous video surveillance streamed live to the MMCP are all required components of the system. Recordings must be kept for at least 45 days. Concurrently, the licensee is required to set up a security system from another supplier as a backup.

Owners, executives, personnel, and agents of licensed medical marijuana grower facilities are required under OAC 3796:5-2-01 to be registered with the MMCP to obtain valid IDs. Whenever visitors are admitted to the facility, they must present a valid government-issued picture ID and must be made to wear a visitor's badge for the entire length of their time there. Throughout their stay, they must be escorted by facility workers. The identity of each guest, as well as the time and date of their arrival and leaving, must be logged.

OAC 3796:4-2-04 requires that the medical marijuana crop samples be randomly tested by a laboratory approved by the MMCP. Failure to pass the test necessitates the destruction of the batch. This must be recorded in the Ohio Marijuana Enforcement Tracking Reporting & Compliance (METRC) system.

Is Cannabis Manufacturing Legal in Miami County?

According to Sub. H.B. 523 of the State of Ohio, licensed medical cannabis product manufacturing is legal in municipalities of Miami County that have not banned it by ordinance. The THC level of medical cannabis products is limited to 70% by weight as required by OAC 3796:3-2-07.

To begin operations, every medical cannabis manufacturing firm must first get a medical marijuana processor license from the MMCP. Applicants must pay an application fee of $10,000. The initial licensing fee is $90,000, and the yearly license renewal amount is $100,000.

The application period for medical marijuana processor licenses concluded in June 2023. The MMCP awarded 44 medical cannabis processor permits around the state as of December 21, 2022. There were none in Miami County.

Medical marijuana processor license holders must employ the same safety procedures as medical marijuana cultivation license holders, according to OAC 3796:3-2-05. Meanwhile, OAC 3796:5-2-01 requires them to adhere to the same rules for MMCP credentials and protocols for visitors.

Moreover, OAC 3796:3-2-06 mandates an MMCP-licensed laboratory to conduct random sampling tests on each medical cannabis product batch. All medical cannabis products must be packaged and labeled properly, and packages must be light-resistant, tamper-evident, and child-proof, according to OAC 3796:3-2-02.

Is Cannabis Retail Legal in Miami County?

Licensed medical cannabis retail is legal in Miami County as long as the municipality does not prohibit it, as set forth by the State of Ohio's Sub. H.B. 523. In accordance with OAC 3796:2-2-07, medical cannabis to be sold by retail must contain no more than 35% THC based on weight, while in accordance with OAC 3796:3-2-07, medical cannabis products to be sold by retail must contain no more than 70% THC content based on weight.

A medical cannabis retail enterprise must have a medical marijuana dispensary license issued by the State of Ohio Board of Pharmacy in order to sell to medical cannabis cardholders retail medical cannabis and its products. Applicants must pay a $5,000 application fee. The initial licensing cost is $70,000, and the yearly license renewal fee is the same. However, applications for a medical marijuana dispensary license were accepted only until June 2023. As of August 14, 2023, 100 medical marijuana dispensary licenses were issued throughout the state, with one located in the City of Piqua in Miami County.

All employees of licensed dispensaries must also hold dispensary employee licenses, according to OAC 3796:6-2-07. OAC 3796:6-2-02 and OAC 3796:6-3-16 apply the same security and criminal record check requirements as those required for licensees of medical cannabis cultivation and production. Licensed dispensaries have the additional requirement of having a security guard on duty throughout operating hours.

Only with authorization from the Board of Pharmacy is [drive-through purchase](https://medicalmarijuana.ohio.gov/documents/licenseeresources/dispensary licensee resources/dispensary general operations/drive-through guidance.pdf) permitted for licensed medical cannabis retailers. There will be a need for tighter security measures, such as the deployment of bullet-resistant glass.

Any type of medical cannabis designed for combustion or smoking is not allowed to be sold by licensed medical cannabis shops per OAC 3796.06. The retail sale of the following is allowed by OAC 3796:8-2-06, as long as each serving or dose contains no more than 55 milligrams of THC:

• Dried cannabis
• Tablets
• Capsules
• Strips
• Sublingual films
• Oils
• Salves
• Sprays
• Edible products
• Lozenges
• Transdermal patches
• Tinctures

OAC 3796:6-3-08 requires licensed medical cannabis retailers to initially verify the medical cannabis card and the valid government-issued picture ID of each purchaser on the MMCP Patient and Caregiver Registry online. The specifics of each sale must also be recorded in the registry.

Every 90 days, OAC 3796:7-2-04 allows a medical cannabis cardholder to acquire a 90-day supply of medical cannabis and its products. According to OAC 3796:8-2-04, this is comparable to:

The 90-day supply allowed for terminally-ill patients, however, is higher, as follows:

Is Cannabis Delivery Legal in Miami County?

The delivery of medical cannabis and its products to medical cannabis cardholders in Miami County is prohibited by OAC 3796:6-3-08 of the State of Ohio. However, OAC 3796:5-3-01 authorizes licensed medical cannabis establishments to transport among themselves medical cannabis and medical cannabis products.

How to Get a Medical Marijuana Card in Miami County

To get a medical cannabis card, residents of Miami County must be diagnosed with any of the following illnesses by a physician who has a certification to recommend (CTR) treatment with medical cannabis granted by the State Medical Board of Ohio:

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

The physician will register the patient on the MMCP Patient & Caregiver Registry where the recommendation will be uploaded. OAC 3796:7-2-01 mandates the need for a caregiver if the patient is not yet 18 years old, and the doctor must then also set up a caregiver account. The option to request a caregiver is likewise available to any adult patient. For their information to be put into the registry, the patient and the caregiver must each provide their state-issued picture IDs to the physician.

Instructions on how to complete their online applications will be sent to the patient and caregiver through email. The caregiver fee is $25 and the patient fee is $50. Indigent patients and their caregivers will receive a 50% discount if they submit [evidence of being eligible](https://medicalmarijuana.ohio.gov/Documents/PatientsCaregivers/Quick Reference Guide - Registering With Indigent Or Veteran Status.pdf) to the following address:

State of Ohio Board of Pharmacy

MMCP Patient Registry

77. S. High Street, 17th Floor

Columbus, OH 43215

The digital medical cannabis cards for the patient and the caregiver will be available for downloading and printing on each registry account.

How Has Cannabis Legalization Impacted the Economy of Miami County?

The State of Ohio imposes no special taxes on medical cannabis or medical cannabis products. Medical cannabis cardholders, however, are still subject to the usual general state sales tax of 5.25% on all their purchases of medical cannabis and medical cannabis products. Local sales taxes that vary from 0.25% to 2.25% may also be levied.

On April 30, 2019, historical data of the MMCP revealed medical cannabis sales of $5.2 million. In contrast, medicinal cannabis sales were more than $1.43 billion on August 14, 2023.

The Effects of Cannabis Legalization on Crime Rates in Miami County

Medical cannabis was legalized in Miami County in 2016.

Data sent by the Miami County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2015, a year before the legalization of medical cannabis, there were 95 marijuana possession arrests and three marijuana sales arrests, totaling 98 marijuana offense arrests.

In 2017, a year after the legalization of medical cannabis, there were 107 marijuana possession arrests and four marijuana sales arrests, totaling 111 marijuana offense arrests.

In 2019, there were 35 marijuana possession arrests and no marijuana sales arrests.

In 2021, the latest data showed 31 marijuana possession arrests and no marijuana sales arrests.

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

• 2015: 153 arrests
• 2017: 72 arrests
• 2019: 53 arrests
• 2021: 107 arrests