Cannabis cultivation in Trumbull County is legal only if it is for medical use by virtue of Substitute House Bill (Sub. H.B.) 523 which was passed in the State of Ohio in 2016. This is further restricted by Ohio Administrative Code (OAC) 3796:2-2-07 to the cultivation of cannabis plants with a tetrahydrocannabinol (THC) content not exceeding 35%.
A medical marijuana cultivator license issued by the Medical Marijuana Control Program (MMCP) of the Ohio Department of Commerce is required for a company to cultivate medical cannabis in Trumbull County. The MMCP is the state’s licensing and regulatory authority for medical cannabis.
There are two types of medical marijuana cultivator licenses – Level I and Level II – and a licensee is allowed to only hold one of these. A Level I licensee may grow medical cannabis plants with a canopy of up to 25,000 square feet, while a Level II licensee is initially restricted to 3,000 square feet. Upon reaching that limit, the Level II licensee may request approval for expansion.
Both types of medical cannabis cultivator licensees are only permitted to sell to other licensed medical cannabis businesses and not directly to medical cannabis cardholders.
A total of 36 cultivator licenses statewide were granted by the MMCP as of November 16, 2022, with 22 of them Level I and 14 of them Level II. None were located in Trumbull County.
Owners and employees of any company applying for a medical cannabis cultivation license are required to undergo a criminal background check. Applicants and licensees must pay these non-refundable fees:
|Level I||Level II|
|Initial License Fee||$180,000||$18,000|
|Annual License Renewal Fee||$200,000||$20,000|
To qualify for a license, the medical cannabis cultivation site must be at a distance of no less than 500 feet from a school, library, playground, public park, or any place of worship. The facility must comply with the security requirements of OAC 3796:2-2-05, which includes a complete enclosure by fences, a locked gate using commercial-grade devices, and proper lighting along the perimeter. Only authorized individuals may be allowed to enter to prevent unlawful access to medical cannabis and theft. A 24-hour security system must be in place, equipped with alarms connected to a law enforcement agency and recorded video surveillance connected to the MMCP. Footage must include a date and time stamp and must be kept for not less than 45 days.
The medical cannabis cultivator licensee is required by OAC 3796:4-2-04 to get a random sample from each batch of medical cannabis crops and submit this to an MMCP-accredited independent testing laboratory. The licensee may not sell any medical cannabis crop batch before test results have been sent to the online Ohio Marijuana Enforcement Tracking Reporting & Compliance (METRC) system
The definition of OAC 3796:1-1-01 of a batch of medical cannabis crops is a group belonging to the same variety that has been grown and harvested together in the same period and with the same conditions. A batch is limited to 15 pounds if comprised of cannabis flowers and buds or 25 pounds if comprised of other parts of the cannabis plant.
The manufacturing of only medical cannabis products in Trumbull County is legal as mandated by the State of Ohio’s Sub. H.B. 523. This is also limited by OAC 3796:3-2-07 to medical cannabis products with a THC content of not more than 70%.
A medical marijuana processor license granted by the Ohio Department of Commerce’s MMCP is the prerequisite for manufacturing medical cannabis products in Trumbull County. It requires the same location restrictions and background checks as medical cannabis cultivation license applications. Applicants and licensees are charged the following non-refundable fees:
● Application fee: $10,000
● Certificate of operation fee: $90,000
● Annual renewal fee: $100,000
Like medical cannabis cultivation licensees, medical cannabis processor license holders may not sell directly to medical cannabis cardholders, but only to other licensed medical cannabis businesses.
The MMCP had granted [44 processor licenses](https://medicalmarijuana.ohio.gov/documents/ProgramUpdate/COO Processor Licensees.pdf) statewide, according to data from December 21, 2022, with none located in Trumbull County.
The security measures required by OAC 3796:3-2-05 for licensed medical cannabis manufacturing facilities are akin to those required for licensed cultivation facilities. OAC 3796:5-2-01 specifies that only persons on official business can be admitted and must be given a visitor’s pass after they present a valid government-issued photo ID and register in the facility’s log. They must be accompanied by facility personnel for the entire period that they are in any area containing medical cannabis.
Before a licensed medical cannabis manufacturing facility sells any of its medical cannabis products, OAC 3796:3-2-06 requires it to allow a designated employee of an MMCP-accredited independent testing laboratory to take a random sample for analysis from every batch it manufactures.
The medical cannabis manufacturing licensee must comply with the packaging and labeling requirements set forth by OAC 3796:3-2-02. All packages containing medical cannabis products must be childproof, tamper-evident, and light-resistant. They must be clearly labeled with the following information included:
The licensed medical cannabis manufacturing company’s name and license number
The licensed medical cannabis dispensary company’s name and license number
The accredited medical cannabis testing laboratory’s name and license number
The product name, product type, and lot number of the medical cannabis item
The weight and quantity of medical cannabis in the package
The medical cannabis item’s cannabinoid profile
The method used in extracting the medical cannabis
The production, testing, and packaging dates of the medical cannabis item
The item’s expiry date, not exceeding a year from its production date
The method of administration for the medical cannabis item
Any warnings for medical cannabis products that the State of Ohio requires
Labels of edible medical cannabis items are required to have the following additional information:
The complete ingredient list
A warning on any major allergen the product contains
The warning required by the State of Ohio about edible cannabis having delayed effects
Cannabis retail in Trumbull County is legal as stipulated by Sub. H.B. 523 of the State of Ohio. However, OAC 3796:2-2-07 only allows the selling of raw dried medical cannabis not exceeding 35% in THC content, and OAC 3796:3-2-07 only allows the selling of medical cannabis products not exceeding 70% in THC content.
A cannabis retail company needs to apply for a medical marijuana dispensary license, this time from the State of Ohio Board of Pharmacy, to sell medical cannabis and medical cannabis products by retail in Trumbull County. There is one licensed medical cannabis dispensary located in Trumbull County out of the 68 dispensary certificates of operation licenses issued across the state as of March 15, 2023.
The following non-refundable fees must be paid by applicants and licensees as required by OAC 3796:6-5-01:
Medical cannabis dispensary license application fee: $5,000
Medical cannabis dispensary certificate of operation fee: $70,000
Medical cannabis dispensary biennial license renewal fee: $70,000
OAC 3796:6-2-02 and OAC 3796:6-2-07 require the same requirements for background checks and site location as those for licensed cultivation and manufacturing facilities. OAC 3796:6-3-16 also has similar security requirements but specifies that only dispensary personnel and medical marijuana cardholders are permitted to enter, and security guards must be on duty throughout hours of operation. For a licensed dispensary to get the approval of the Board of Pharmacy to have drive-through purchase services, it must further strengthen its security measures. For instance, bullet-resistant glass must be used.
According to OAC 3796:8-2-06 and OAC 3796.06, the following forms of medical cannabis may be sold by licensed dispensaries, provided each dose or serving does not contain more than 55 milligrams of THC:
Raw cannabis buds, flowers, trim, and shakes
Oil, including oil that is meant for vaping
A dispensary may also submit a [request to sell medical cannabis devices](https://medicalmarijuana.ohio.gov/documents/licenseeresources/dispensary licensee resources/forms and guidance for compliance upload portal/request to sell medical marijuana device.pdf). However, the selling of medical cannabis in forms meant for smoking or any type of combustion is prohibited. So is the selling of any form of medical cannabis that may appeal to children.
OAC 3796:6-3-08 restricts the retail selling of medical cannabis and medical cannabis products to medical marijuana cardholders who must also present a separate valid government-issued photo ID to the licensed medical cannabis dispensary. It is the responsibility of the licensed dispensary to validate these on the Patient and Caregiver Registry online.
For every period of 90 days, a licensed dispensary may only sell to each medical cannabis cardholder a 90-day supply of medical cannabis in two equal transactions, according to OAC 3796:7-2-04. The initial purchase may be increased to a 46-day supply only if the physician’s recommendation is newly-released.
The 90-day supply is specified by OAC 3796:8-2-04 as the following:
|Regular Patient||Patient with a Terminal Illness|
|Plant material||9 oz or 254.7 grams||10 oz or 283.5 grams|
|Transdermal patch, cream, lotion, or ointment||26.55 grams of THC||29.5 grams of THC|
|Oil, tincture, capsule, or edible medical cannabis products||9.9 grams of THC||11 grams of THC|
|Oil for vaporization||53.1 grams of THC||59 grams of THC|
The licensed dispensary is required to record every sale in an internal inventory tracking system that is connected to the state inventory system for medical cannabis.
Medical cannabis delivery by licensed dispensaries to medical marijuana cardholders is prohibited in Trumbull County in accordance with OAC 3796:6-3-08 of the State of Ohio. The delivery of medical cannabis is only legal between licensed medical cannabis facilities.
Residents of Trumbull County may [apply for a medical marijuana card](https://medicalmarijuana.ohio.gov/Documents/PatientsCaregivers/How to Obtain Medical Marijuana.pdf) from the MMCP by being diagnosed with one of the qualifying medical conditions by a physician with a certificate to recommend (CTR) medical cannabis treatment granted by the State Medical Board of Ohio:
Amyotrophic lateral sclerosis
Inflammatory bowel disease
Post‐traumatic stress disorder
Traumatic brain injury
Chronic, severe, or intractable pain
Chronic traumatic encephalopathy
Positive HIV status
Sickle cell anemia
Acquired immune deficiency syndrome
Spinal cord disease or injury
Inflammatory bowel disease
Any medical condition added by the state medical board
The physician will create a profile for the patient and any needed caregiver on the Patient & Caregiver Registry, and upload the physician’s recommendation on medical cannabis treatment. The physician will require the patient and the caregiver to each present their email address for inclusion in the registry and their valid government-issued IDs as proof of identity.
The registry will send the patient and the caregiver an email from which they can each access their account and complete their online application. The patient must pay a $50 fee while the caregiver must pay a $25 fee. Persons in financial distress and veterans may request a 50% discount and this must be indicated in the physician’s recommendation. The documentation required for availing of the discount must be mailed to:
Mail: State of Ohio Board of Pharmacy
MMCP Patient Registry
77. S. High Street, 17th Floor
Columbus, OH 43215
Veterans must submit the following:
Separation Report from the National Personnel Records Center of the National Archives
National Guard Bureau Military Discharge Certificate, DD214, or DD215
Department of Defense ID
Department of Veterans Affairs ID
Persons in financial distress must submit the following:
A personal identification document
Monthly disability beneficiary documentation from the Ohio State Retirement System
Beneficiary documentation for Federal Supplemental Security Income (SSI) or Social Security Disability Income (SSDI)
Monthly benefits documentation for all the above programs for the year of application to the registry
Once the medical cannabis card is approved, it will be made [available on the online registry to be printed](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 and caregiver.
According to the Ohio State University’s Moritz College of Law, the taxes levied on medical cannabis purchases in the state are the usual state sales tax of 5.25% and local sales taxes that may range from 0.25% to 2.25%, all charged to purchasing medical marijuana cardholders.
The earliest record in the MMCP’s historical sales data shows that as of April 30, 2019, product sales of medical cannabis totaled $5.2 million. The state earned from that $36,796 in tax revenues.
The program update of the MMCP, dated February 21, 2023, shows that product sales of medical cannabis reached $1.2 billion as of February 19 of the same year. From that, the state earned over $9.26 million in tax revenues.
Medical cannabis was legalized in 2016 in Trumbull County.
Data from the Trumbull County Sheriff's Office on the FBI’s Crime Explorer page shows that a year before medical cannabis legalization, in 2015, there were three marijuana offense arrests, all for possession.
A year after medical cannabis legislation, in 2017, there were eight marijuana offense arrests, also all for possession.
In 2018, there were six marijuana offense arrests, likewise all for possession.
In the latest available data, in 2021, there were eight marijuana offense arrests, still all for possession.
The following were the DUI arrests in those years:
2015: 29 arrests
2017: 44 arrests
2018: 30 arrests
2021: 24 arrests