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

Is Cannabis Cultivation Legal in Wayne County?

Licensed cannabis cultivation in Wayne County for medical usage was legalized under Substitute House Bill (Sub. H.B.) 523 of the State of Ohio effective September 8, 2016. Ohio Administrative Code (OAC) 3796:2-2-07 mandates, however, that the allowed medical cannabis plants can only have up to 35% of tetrahydrocannabinol (THC) content by weight. Also, municipalities are allowed by Sub. H.B. 523 Sec. 3796.29 to ban or limit through an ordinance the establishment in their territories of cannabis cultivation businesses.

Under the Ohio Department of Commerce, Sub. H.B. 523 created the State of Ohio’s Medical Marijuana Control Program (MMCP) for the licensure and regulation of medical cannabis throughout the state. A medical marijuana cultivator license must be obtained from the MMCP by a medical cannabis cultivation company before setting up shop. A Level I medical marijuana cultivator license entitles the holder to a maximum cultivation area of 25,000 square feet, while a Level II medical marijuana cultivator license entitles the holder to a maximum cultivation area of only 3,000 square feet. Level II licensees may apply for additional cultivation space once they reach their limit.

A criminal background check is mandatory for the owners and employees of companies that are applying for a medical cannabis cultivation license. The following fees are also charged to applicants and licensees, respectively:

Level I and Level II medical marijuana cultivator license applications closed in June 2023. Across the state, 33 medical marijuana cultivator licenses were issued as of July 13, 2023, comprised of 20 Level I and 13 Level II licenses. None of them were in Wayne County.

A distance of over 500 feet is required between a licensed medical marijuana cultivator facility and a church, school, park, library, or playground. OAC 3796:2-2-05 states that medical cannabis cultivation must be undertaken in a fully fenced-in facility protected by a security system that is of commercial grade and approved by the MMCP. The system must include motion detection, alarms, and 24-hour video surveillance fed live to the MMCP. Footage must be retained for 45 days or more. The licensee must also set up a backup security system from another provider, concurrently running.

OAC 3796:5-2-01 requires the owners, executives, agents, and staff of licensed medical marijuana cultivator facilities to register with the MMCP and get their official IDs. Whenever guests are allowed into the facility, they must be made to show a valid photo ID issued by the government and be made to wear a visitor’s ID for the duration of their stay. They must also be accompanied by facility staff throughout their visit. Each guest’s identity and the date and time of arrival and departure has to be recorded.

Random testing of dried medical marijuana crop samples by an MMCP-approved laboratory is required by OAC 3796:4-2-04. Batches that fail the test must be destroyed. The destruction must be documented and logged into the Ohio Marijuana Enforcement Tracking Reporting & Compliance (METRC) system.

Is Cannabis Manufacturing Legal in Wayne County?

Licensed medical cannabis product manufacturing in Wayne County is legal only in municipalities that have not banned it, in accordance with Sub. H.B. 523 of the State of Ohio. OAC 3796:3-2-07 limits the THC content of medical cannabis products to 70% according to weight.

The medical marijuana processor license issued by the MMCP is needed by any medical cannabis manufacturing company to start operations. Applicants are charged a $10,000 application fee. Licensees are charged an initial license fee of $90,000 and an annual license renewal fee of $100,000.

The medical marijuana processor license application period ended in June 2023. Statewide, as of December 21, 2022, 44 medical cannabis processor permits were issued by the MMCP. None were located in Wayne County.

OAC 3796:3-2-05 requires medical marijuana processor license holders to implement the same security measures as medical marijuana cultivator license holders. OAC 3796:5-2-01 obligates them to follow the same regulations with regard to MMCP IDs and guest protocols.

Furthermore, OAC 3796:3-2-06 requires the random testing of samples from every batch of medical cannabis products by an MMCP-licensed laboratory. OAC 3796:3-2-02 mandates that all medical cannabis product packaging must be labeled accurately and child-proof, tamper-evident, and light-resistant.

Is Cannabis Retail Legal in Wayne County?

Licensed medical cannabis retail in Wayne County is legal provided the municipality did not ban it, as stipulated by the State of Ohio’s Sub. H.B. 523. Medical cannabis for retail sale must have not more than 35% THC content by weight according to OAC 3796:2-2-07, while medical cannabis products for retail sale must have not more than 70% THC content by weight according to OAC 3796:3-2-07.

The medical marijuana dispensary license granted by the State of Ohio Board of Pharmacy is required for a medical cannabis retail company to be able to sell retail medical cannabis and its products to medical cannabis cardholders. Applicants are charged an application fee of $5,000. Licensees are charged an initial license fee of $70,000 and the same amount on annual license renewals.

Applications for the medical marijuana dispensary license closed in June 2023. Throughout the state, as of July 24, 2023, 96 medical marijuana dispensary licenses were issued. None were located in Wayne County.

OAC 3796:6-2-07 requires all licensed dispensary employees to also have dispensary employee licenses. OAC 3796:6-2-02 and OAC 3796:6-3-16 impose the same requirements on facility security and background checks as those imposed on medical cannabis cultivation and manufacturing licensees. An additional requirement for licensed dispensaries is to have at least one security guard during operational hours.

Drive-through purchasing is allowed for licensed medical cannabis dispensaries only with permission from the Board of Pharmacy. Stricter security measures will be required, like the installation of bullet-resistant glass.

OAC 3796.06 prohibits licensed medical cannabis dispensaries from selling any form of medical cannabis intended for combustion or smoking. OAC 3796:8-2-06 allows the retail selling of the following, as long as every dose or serving has a maximum THC content of 55 milligrams:

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

According to OAC 3796:6-3-08, licensed medical cannabis dispensaries must first validate every purchaser’s medical cannabis card and valid government-issued photo ID on the online MMCP Patient and Caregiver Registry. After every sale, the details must be documented on the registry.

A medical cannabis cardholder is only allowed by OAC 3796:7-2-04 to purchase a 90-day supply of medical cannabis and its products in the same time frame. OAC 3796:8-2-04 specifies this as equivalent to the following:

Patients who are terminally ill are allowed a higher 90-day supply equivalent to the following:

Is Cannabis Delivery Legal in Wayne County?

The State of Ohio’s OAC 3796:6-3-08 prohibits licensed medical cannabis dispensaries from delivering medical cannabis and its products to medical cannabis cardholders in Wayne County. OAC 3796:5-3-01 only allows licensed medical cannabis businesses to transfer medical cannabis and medical cannabis products among themselves.

How to Get a Medical Marijuana Card in Wayne County

Wayne County residents can [get a medical cannabis card](https://medicalmarijuana.ohio.gov/Documents/PatientsCaregivers/How to Obtain Medical Marijuana.pdf) if they are diagnosed with any of the following illnesses by a physician granted by the State Medical Board of Ohio a certification to recommend (CTR) medical cannabis treatment:

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

The doctor will create a patient account on the MMCP Patient & Caregiver Registry and upload the recommendation. If the patient is under the age of 18, OAC 3796:7-2-01 requires a caregiver and the doctor will also create a caregiver account. Any adult patient likewise has the option to request a caregiver. Both the patient and the caregiver must show their respective state-issued photo IDs to the doctor for their information to be posted on the registry.

The patient and caregiver will receive instructions by email on how to complete their applications online. The patient must pay $50 and the caregiver must pay $25. A 50% discount will be given to indigent patients and caregivers provided they mail their proofs of qualification to the following:

State of Ohio Board of Pharmacy

MMCP Patient Registry

77. S. High Street, 17th Floor

Columbus, OH 43215

The patient and the caregiver will receive their digital medical cannabis card on their respective registry account for downloading and printing.

How Has Cannabis Legalization Impacted the Economy of Wayne County?

There are no special taxes levied by the State of Ohio on medical cannabis and medical cannabis products. However, medical cannabis cardholders are charged the 5.25% general state sales tax on every purchase of medical cannabis and its products. They may also be charged local sales taxes ranging from 0.25% to 2.25%.

The earliest entry on the MMCP’s historical data shows medical cannabis sales of $5.2 million on April 30, 2019. In comparison, medical cannabis sales on July 17, 2023, were nearly $1.4 billion.

The Effects of Cannabis Legalization on Crime Rates in Wayne County

Medical cannabis was legalized in Wayne County in 2016.

Data sent by the Wayne 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 40 marijuana possession arrests and four marijuana sales arrests, totaling 44 marijuana offense arrests.

In 2017, a year after medical cannabis was legalized, there were 46 marijuana possession arrests and one marijuana sales arrest, totaling 47 marijuana offense arrests.

In 2019, there was no arrest for a marijuana offense.

In 2021, the latest data showed one marijuana possession arrest, the only marijuana offense arrest.

In those years, the number of DUI arrests was as follows:

• 2015: No data
• 2017: No data
• 2019: No data
• 2021: 3 arrests