Montgomery County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Montgomery County?

Yes. Montgomery County allows marijuana cultivation. Ohio’s House Bill 523 states that the Ohio Department of Commerce is responsible for regulating the medical marijuana cultivators in the State. 

There are two types of cultivator licenses: level I and level II. Level I cultivators are authorized to operate an initial marijuana cultivation area of 25,000 square feet, while level II cultivators are authorized to operate an initial marijuana cultivation area up to 3,000 square feet. The law also prohibits a cultivating facility from being located within 500 feet of a church, school, public library, public park, or public playground. Moreover, a cultivator is prohibited from changing the use or occupancy of that facility unless the department is notified and approves the changes.

Pursuant to Section 3796.18, the licensed cultivator is prohibited from cultivating medical marijuana for personal or family use on any public land. Cultivation is permitted outdoors on the condition that the outside perimeter of the cultivation premises must be well-lit and in line with the cultivator’s license application. 

Until today, recreational marijuana is illegal in Ohio, while medical marijuana was legalized in the State in 2016.

Is Cannabis Manufacturing Legal in Montgomery County?

Yes, marijuana manufacturing is legal in Montgomery County. The Ohio Department of Commerce also regulates medical marijuana manufacturers or processors. There are three types of manufacturers in the State of Ohio: vertically integrated establishments (merged with other licensees), standalone manufacturers, and a plant-only processor, which distributes marijuana plants directly to marijuana dispensaries.

To apply for a processor license, an applicant shall submit:

• A non-refundable application fee of $10,000
• An operations plan that includes policies and procedures to be implemented
• A business plan that consists of the legal name of the manufacturer applicant and the type of business organization
• A quality assurance plan that sets procedures and policies for a safe and consistent medical marijuana supply
• A security plan that includes safety policies and procedures
• A financial plan that specifies the identity and ownership interest of all owners involved
• Any other information that the Ohio Department of Commerce deems necessary

Furthermore, House Bill 523 states that a processor/ manufacturer must not be located within 500 feet of any public library, school, public park, church, or public playground.

Is Cannabis Retail Legal in Montgomery County?

Yes, medical marijuana retail is permitted in Montgomery County, but only patients with a legal doctor recommendation or their registered caregivers have access to medical marijuana dispensaries. The Ohio Administrative Code says that only dispensaries that applied for active certificates of operation from the Ohio Board of Pharmacy are allowed to engage in medical marijuana retail operations. 

According to House Bill 523, vaporization of medical marijuana is allowed, while smoking of medical marijuana is banned. It is important to note that the Ohio Board of Pharmacy may approve additional and new methods of medical marijuana use. A medical marijuana dispensary is prohibited from dispensing marijuana from or transferring marijuana to locations outside of Ohio.

The following forms of medical marijuana are dispensed in Ohio: 

• Oils
• Tinctures
• plant material
• Edibles
• Patches

The marijuana plant material to be dispensed in Ohio shall have tetrahydrocannabinol (THC) content of not exceeding 35%, while marijuana extracts shall have tetrahydrocannabinol (THC) content of not more than 70%.

Medical marijuana dispensaries are subject to random inspections and testing by the Ohio Board of Pharmacy. All areas where medical marijuana is stored must be dry, well-ventilated, well-lit, and maintained in a clean and orderly manner. Storage areas shall be maintained under lighting conditions and temperatures which ensures the integrity of medical marijuana before its use.

Dispensaries in Ohio are allowed to sell or dispense medical marijuana between 7 am and 9 pm. 

Is Cannabis Delivery Legal in Montgomery County?

No, medical marijuana delivery for patients with medical marijuana IDs is not permitted in Montgomery County. However, marijuana delivery is only permitted among marijuana businesses: from cultivators to processors and processors to retail dispensaries. 

Pursuant to Ohio Administrative Code, medical marijuana establishments shall ensure that the areas where deliveries take place shall be safe and secure. In addition, the delivery sites must be monitored with video surveillance. Only the staff of licensed cultivators, dispensaries, and manufacturers are granted access to those areas.

How to Get Medical Marijuana Card in Montgomery County

To be eligible for a medical marijuana card in the State of Ohio, you must:

• Be an Ohio resident

• Have a check-up with a certified physician under the Ohio Medical Marijuana Control Program 

• Have qualifying health conditions including:

• AIDS

• Epilepsy or another seizure disorder

• Alzheimer's disease

• Amyotrophic lateral sclerosis

• Cancer

• Sickle cell anemia

• Chronic traumatic encephalopathy

• Crohn's disease

• Spinal cord disease or injury

• Pain that is either of the following: Intractable or chronic and severe

• Post-traumatic stress disorder

• Tourette's syndrome

• Fibromyalgia

• Glaucoma

• Traumatic brain injury

• Ulcerative colitis

• Hepatitis C

• Inflammatory bowel disease

• Multiple sclerosis

• Parkinson's disease

• Positive status for HIV

To apply for a medical marijuana card in Ohio’s Medical Marijuana Control Program, you must:

• Visit a certified doctor who can verify and approve that you have one of the qualifying health conditions and have that health care provider create your profile in the Patient and Caregiver Registry
• Complete your registration in the Patient and Caregiver Registry
• Obtain medical marijuana from a licensed dispensary with a certificate of operation from the Ohio Board of Pharmacy

Minors are permitted to apply for Ohio’s Medical Marijuana Control Program on the condition that they have consent from a parent or legal guardian, have valid IDs, and have their parent or legal guardian apply as an adult caregiver. The allowed amount of medical marijuana for patients or caregivers to possess is a supply good for 90 days. 

For more questions about medical marijuana cards in Ohio, please contact:

Ohio Department of Health

246 N High St, Columbus, OH,

United States, Ohio

(614) 466-3543

Or

Ohio Medical Marijuana Program

77 South High Street, 17th Floor, Columbus, OH,

43215, United States, Ohio

1-833-464-6627

Email: MMCPRegistry@pharmacy.ohio.gov

How Has Cannabis Legalization Impacted the Economy of Montgomery County?

Medical marijuana in Ohio is subject to a sales tax of 5.75%. The Ohio Department of Commerce published historical sales data that shows a drastic increase in medical marijuana sales since the State’s first dispensary opened in 2019. April 2019 data showed a product sales amount worth $5.2 million, and from there, the product sales skyrocketed to a whopping $954 million in August 2022. This figure shows that the medical marijuana sales from 2019 to 2022 have made a positive impact on the economy of Ohio.

Recreational marijuana remains illegal in the State. However, a study from The University of Akron Department of Economics says that legalizing recreational marijuana in the State will result in a positive social net benefit, with a net benefit value roughly amounting to more than $444 million. The study also indicates that recreational marijuana legalization will draw more benefits from job opportunities and tax revenue.

The Effects of Cannabis Legalization on Crime Rates in Montgomery County

Medical marijuana was legalized in Ohio in 2016. The FBI crime report data gathered from the Montgomery County Sheriff's Office showed a decrease in DUI cases from 2015, 2016, to 2017— from 220 to 196 and 141 arrests, respectively. 

Meanwhile, drug possession arrests in Montgomery County decreased in 2015, 2016, and 2017— from 280 arrests to 260 and 230, respectively.