Ohio dispensaries were designed to meet the needs of both patients and consumers, but how accessible are they to those with disabilities? We take a closer look at Americans with Disabilities Act (ADA) regulations and how dispensaries can use best practices to be welcoming to those with special needs.
Access Needs for Chronic Pain Patients
With the medical cannabis industry being full of registered patients with disabilities, how well do dispensaries keep up with compliance? According to the CDC, “1 in 4 (27%) adults in the U.S. have some type of disability.” Especially given that they’ve been established primarily to serve medical patients, dispensaries need to consider their ease-of-use for those with disabilities.
According to the ADA website, “The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs…There is a wide variety of disabilities, and the ADA regulations do not list all of them. Some disabilities are visible and some are not. Some examples of disabilities include:
- Cancer*
- Diabetes
- Post-traumatic stress disorder*
- HIV*
- Autism
- Cerebral palsy
- Deafness or hearing loss
- Blindness or low vision
- Epilepsy*
- Mobility disabilities such as those requiring the use of a wheelchair, walker, or cane
- Intellectual disabilities
- Major depressive disorder
- Traumatic brain injury*”
Of the conditions covered by the ADA, at least 5 are qualifying conditions for medical cannabis in Ohio (marked with an asterisk*). This would mean that the retail medical cannabis dispensary stores should have a big focus on accessibility.
MedicateOH wanted to know: What are the rules and responsibilities these cannabis businesses should be following and how can we spread more awareness for greater access?
WHAT THE LAW SAYS ABOUT ACCESSIBILITY
Title III of the ADA covers the rules and responsibilities of businesses open to the public, of which cannabis dispensaries in Ohio must comply.
“Businesses that provide goods or services to the public are called ‘public accommodations’ in the ADA. The ADA establishes requirements for 12 categories of public accommodations, which include stores, restaurants, bars, service establishments, theaters, hotels, recreational facilities, private museums and schools, doctors’ and dentists’ offices, shopping malls, and other businesses. Nearly all types of businesses that serve the public are included in the 12 categories, regardless of the size of the business or the age of their buildings.”
- STANDARD OPERATING PROCEDURES
Sometimes standards and procedures can accidentally create barriers to the disabled community. For example, if a dispensary has a policy that only allows for one person at a time in the mantrap between the sales floor and waiting room, they may need to alter this policy to allow those who need assistance getting through the doors to have an extra person with them.
The dispensary can also make it a policy requiring all employees to help those with mobility issues through any difficult doorways. All public-serving businesses should take the time to look over their standard operating procedures to see if there is anything they can modify or amend to allow accommodations.
- SERVICE ANIMALS
“Under the ADA’s revised regulations, the definition of ‘service animal’ is limited to a dog that is individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.”
Some individuals require the use of a service animal. Service animals “must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents him from using these devices.” No business is allowed to ask about the person’s disability or require proof/medical documentation of the condition requiring the use of a service animal. There are only two questions businesses are legally allowed to ask:
- Is the animal required because of a disability?
- What work or task has the animal been trained to perform?
A business may only deny the use of a service dog “if the dog is out of control and the handler cannot or does not regain control; or the dog is not housebroken.”
- MOBILITY DEVICES AND WHEELCHAIRS
From someone on crutches with a broken leg to someone who is wheelchair dependent, there are a multitude of mobility devices used by the disabled community. These devices are essential to the individual. Dispensaries need to be accommodating to these individuals by providing open spaces, hands-free ways of opening doors, ramps, low counters and shelves, etc. Dispensaries can also provide charging stations for any electronic devices that may be used.
One commonly overlooked accommodation is the type of seating available in the waiting room. Although arms on a chair can provide comfort, they can also be a barrier to others. An individual may have a device that does not allow them to sit in a chair with arms. On the other hand, some individuals need the arms on chairs to help them sit or stand. A variety of seating options, including extra wide and armless, should be utilized in all waiting rooms.
- COMMUNICATION
When it comes to serving the public, few things are as important as clear communication. Effective communication becomes most important when in healthcare spaces. Any dispensary operating as a medical cannabis provider should make sure they have the ability to communicate with anyone who walks through their door to ensure the safety of the products being dispensed to that individual.
Finding staff members that speak all of the languages needed would be an impossible task. Therefore, companies can look to alternatives to meet the needs of their consumer base. The ADA website explains:
“The goal is to find practical solutions for communicating effectively with your customers. For example, if a person who is deaf is looking for a particular book at a bookstore, exchanging written notes with a sales clerk may be effective. Similarly, if that person is going to his or her doctor’s office for a flu shot, exchanging written notes would most likely be effective. However, if the visit’s purpose is to discuss cancer treatment options, effective communication would likely require a sign language or oral interpreter because of the nature, length, and complexity of the conversation. Providing an interpreter guarantees that both parties will understand what is being said. The revised regulations permit the use of new technologies including video remote interpreting (VRI), a service that allows businesses that have video conference equipment to access an interpreter at another location.”
Third-party services may be utilized when there are no staff members that can step in as an interpreter. There is a relay service you can reach at 7-1-1 that will relay messages back and forth between the hearing and the hard-of-hearing/Deaf. Beyond physically communicating, there are also documents and agreements that may need alternative translations. Translation services need to be utilized and emphasized in medical cannabis dispensaries to safely dispense and dose medical cannabis products.
- PARKING
Parking can be a challenge for the disabled community. Not only can spaces for those with handicap placards be few and far between, but spaces are not always big enough to provide the space needed for special vehicles and/or lifts. According to standards set in 2010, “One of every six spaces must be van accessible.” A quick solution to this issue is making all of your spaces van accessible, however, not all parking areas are big enough to accommodate large parking spaces for the size of their customer base. For this reason, guidelines have been put in place so that there is a standard for accessible vs non-accessible spaces in a parking lot/garage.
The Federal ADA policy defines an accessible parking space as: “An accessible parking space must have an access aisle, which allows a person using a wheelchair or other mobility device to get in and out of the car or van.” When it comes to those extra small parking lots, “Small businesses with four or fewer spaces must have one accessible parking space. However, no signage is required.” There must always be at least one accessible space for every business servicing the public. This is not always the case and can be extremely damaging to the disabled individual as well as the business.
- EASILY CHANGED BARRIERS
“The ADA requires that small businesses remove architectural barriers in existing facilities when it is ‘readily achievable’ to do so…Readily achievable barrier removal may include providing an accessible route from a parking lot to the business’s entrance, installing an entrance ramp, widening a doorway, installing accessible door hardware, repositioning shelves, or moving tables, chairs, display racks, vending machines, or other furniture.”
If a barrier is not able to be removed, then an alternative needs to be put in place. For example, if a business cannot replace their stairs with a ramp at the entrance, then a curbside pickup or delivery option can be given. Curbside pickup was an accommodation made at most Ohio dispensaries during the height of the pandemic to keep the immunocompromised safe. Since the vaccine roll-out and the lift on the lockdown, some dispensaries have stopped offering curbside. Even moreso, some of the newer dispensaries have decided to forego the curbside option altogether. Curbside pickup provides a simple solution to a widespread accessibility issue in a state that does not currently allow for cannabis delivery services.
- ENTRANCES
Nothing creates a barrier quite like not being able to get through an entrance of a business. Ramps and lifts can be installed in places that do not have a street level entrance. If it is impossible to install a ramp or lift at the entrance, then an alternative entrance can be used (a different door into the building). If not all of your entrance points are accessible, provide clear communication on where to find the appropriate entrance, which shall remain open whenever the main entrance is open.
Additionally, consider how far your accessible entrance is from the parking lot’s handicap spaces. This is a larger issue inside the city, where parking options may be limited. If there must be a distance between the entrance and the designated parking area, consider a drive-up-and-drop-off space in front of the entrance. If that cannot be achieved, perhaps a shuttle service can be provided. Drive-thru and curbside pick-up options are also great ways to reduce how far someone has to travel from vehicle to cash register.
- ACCESSIBLE ROUTES and RESTROOMS IN-STORE
Once a person gets inside the store, there are more hurdles to overcome. Anywhere a person may walk within your place of business is a route. According to the ADA website, “This route, which must be at least three feet wide, must remain accessible and not be blocked by items such as vending or ice machines, newspaper dispensers, furniture, filing cabinets, display racks, or potted plants. Similarly, accessible toilet stalls, dressing rooms, or counters at a cash register must not be cluttered with merchandise or supplies.”
Merchandise displays can take up space in walkways. The arrangement of seating in the waiting area can make it difficult to navigate with mobility issues and/or mobility devices. Just as fire exits need to remain clear for the safety and well-being of everyone, dispensaries need to keep all routes in-store well-lit and free of clutter. If a dispensary is hosting a vendor for a Patient Education Day, the employees of the store shall work with the vendor to ensure they are not impeding anyone’s ability to move around the space.
Bathrooms are another area of concern for individuals with mobility issues. Not only does the route to the restroom need to be accessible, but the bathrooms themselves need to be as well. Installing lift bars near the toilet, automated appliances, a lower-mounted sink, mirror, soap and towel dispenser, and automatic doors or designated handicap stalls are all ways that accessibility can be utilized in the public restroom.
- SHELVES, SALES AND SERVICE COUNTERS, AND CHECK-OUT AISLES
Shelves and counters with goods shall be located on accessible routes. The check-out counter should be low and free of clutter. However, if it is not possible to make every check-out counter low to the ground, there must be at least one that is low. If it is impossible to make a low check-out counter, then an alternative to the check-out counter must be provided, such as “a folding shelf or a nearby accessible counter.”
Dispensaries are notorious for high sales counters to reduce the risk of someone jumping over the counter to steal money and/or products. Typically, you can find one designated register for ADA purposes. Unfortunately, these registers are not always in use. Customers are still found being assisted at a tall counter, incapable of seeing the receipt they are signing.
- ALTERATIONS
Dispensaries who plan to make an alteration to the physical state of their business must make the alteration accessible. The ADA website provides the following examples:
- restriping a parking lot
- moving walls
- moving a fixed ATM to another location
- installing a new sales counter or display shelves
- changing a doorway entrance
- replacing fixtures
- flooring or carpeting
ARE OHIO DISPENSARIES ADA COMPLIANT?
Short answer: not completely.
There are a few amazing Ohio dispensaries that really took their time to be as compliant as possible. However, the reality is that many of these stores are lacking in their ADA compliance. A long list of problems have been observed in Ohio dispensaries that limit accessibility to the disabled community.
Examples can include, but are not limited to:
- No accessibility buttons to open doors
- No accessibility ramps
- No reserved handicap parking or van accessible spaces
- Counters too high for wheelchairs/short patients
- ADA registers never being utilized or not being reserved for handicapped persons
- No translators or ways to communicate with people who do not speak English
- Waiting rooms filled with chairs with arms, limiting those with mobility devices or different body types
- Lack of information on the website about what to expect when shopping at the dispensary
- Intake forms are inconsistent across different companies and can be lengthy for those with writing/reading difficulties
- ID requirements are a barrier to those with limited transportation
- All of the light installations and music being played can be a sensory overload issue
- Not requiring vape batteries without a button to be in stock for those with limited mobility
- Not requiring alternative flower storage jars to be in stock for those with limited mobility
- Man traps between the sales floor and waiting room are difficult to navigate without automatic doors/enough space for mobility devices
- Distance between an accessible parking space and front door can be a barrier
- Lack of magnifying sheets/glasses for those who are visually impaired to read product labels or the menu
- No curbside option
- No drive-thru
- Concrete floors make for hard falls and slippery surfaces
- Everything is technology-focused and a lack of analog alternatives
- Lack of training for how to deal with medical patients or the elderly
- Lack of braille menus and signs
WHAT CAN DISPENSARIES DO?
Some of the above mentioned problems seen at dispensaries may not be fixable – for example, a drive thru may not be something a dispensary can put in due to space, zoning, or financial restrictions. However, any and all efforts should be done for the community at large. Not only will this increase customer satisfaction, but can potentially draw more customers to your store. Even people without physical or mental disabilities can benefit from accessible spaces.
According to the ADA government website, “Being proactive is the best way to ensure ADA compliance. Evaluate access at your facility, train your staff on the ADA’s requirements, think about the ADA when planning an alteration or construction of a new facility, and, most importantly, use the free information resources available whenever you have a question.”
One of the best ways a dispensary can be proactive is to hire an ADA Compliance Advocate. This person would be responsible for “designing training modules that cover topics such as accommodating customers with disabilities, understanding assistive technologies, and fostering an inclusive environment, integrating ADA compliance into the Dispensary’s overall strategy. Additionally, staying informed about any changes in ADA regulations that may impact the cannabis industry and promptly update training materials accordingly.” This was seen in a job description for such a position offered by Nikki Lawley from the cannabis brand Grön.
INCENTIVES TO BE COMPLIANT
Not only does increasing accessibility increase a dispensary’s customer base and satisfaction rates, the government provides financial incentives for businesses to remain compliant with the ADA rules and regulations. Small businesses with 30 or fewer employees have the opportunity to file for the Disabled Access Credit on their taxes. All compliant businesses, regardless of size, may qualify for a tax deduction of up to $15,000. Even if your accommodations do not directly increase your customer base, the tax incentive is a great way to save some money every year.
WHAT CAN I DO TO HELP? SPREADING AWARENESS
People of all backgrounds and support needs should be asking their local dispensaries about what measures they have taken to not only be compliant, but go above and beyond to accommodate their customers.
Additionally, here are some other ways to spread awareness:
- Help promote businesses who do an excellent job through forums and public reviews, highlighting what they are doing well.
- Advocate for changes to be made to existing businesses when you see a need to be addressed.
- Share this article
- Email medicateoh@gmail.com and tell us your story! We want to know:
- What kind of barriers have you encountered at an Ohio dispensary?
- Is there a dispensary you want to give a shout-out to for going above and beyond with their accommodations?
- Have you found it hard to get accommodated as a cannabis industry employee?
*For more information about the revised ADA regulations and 2010 ADA Standards, please visit the Department of Justice’s ADA Website or call their toll-free number.
**Toll-free ADA Information Line: 1-800-514-0301 (Voice) and 1-833-610-1264 (TTY)
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