As the summer drags on and a September 7th deadline looms, the approval process for Ohio’s medical cannabis facilities to begin selling to all adults have kept many hopeful citizens waiting. The Division of Cannabis Control (DCC) last month began issuing priority operating licenses to cultivators and processors to prepare adult-use products to be ready for dispensaries.
When will Dispensaries Open?
Ohio’s already-operating medical marijuana (MMJ) dispensaries will be the first to open their doors to citizens. MMJ dispensaries that applied for adult-use status have begun receiving provisional approval statuses and will be certified to open to the public following their final state inspections.
During their final inspections, dispensaries need to demonstrate to regulators that they can properly process both MMJ and adult-use sales, and provide proof of training. MedicateOH reports that several dispensaries are now on schedule for these final inspections, so they may be given the green light to open any day. As MedicateOH previously reported, dispensaries will not open all at once, but on a store-by-store basis.
Additional Rules Issued for Ohio Adult-Use Dispensaries
The DCC issued additional rules for dispensaries to adhere to, presumably to help control crowds that may form:
- No consumption of cannabis
- No samples – infused or uninfused
- No music outside the dispensary
- No food trucks/other food offered for sale or complimentary
- No product displays outside the dispensary
- No celebratory décor/unapproved signage outside the dispensary
- No ribbon cuttings outside the dispensary
These rules apply to dispensary premises, parking lots and any other properties that the dispensary owns or operates. Allowed activities that the DCC set forth include:
- Music inside the dispensary (not live)
- Non-alcoholic beverages may be provided to guests complimentary inside the dispensary
- Product displays by cultivator or processor (empty packaging/no cannabis) inside the dispensary, not visible from the exterior of the building
- Approved signage and celebratory décor inside the dispensary
- Ribbon cuttings inside the dispensary
These restrictions will likely be familiar to MMJ patients and industry workers, who’ve operated under these guidelines since the first Ohio dispensaries opened in 2019. Adult-use advertising restrictions reflect similar limitations that MMJ program did. The DCC also confirms that no video or photos are allowed to be taken in the dispensaries without the consent of those inside.
Additional 10(b) Licenses up for Grabs
In addition to MMJ dispensaries changing from medical-only to “dual use” when they are approved, existing cannabis production facilities may also now apply for dispensary licenses for new facilities that they’d like to open in the state. These new retail sites are called “10(B)” dispensary licenses. Level I cultivators were eligible to enter the lottery for up to three 10(B) dispensary licenses. Level II cultivators were eligible to apply for one 10(B) dispensary license. Existing medical cannabis dispensaries that don’t have “common ownership or control with any cultivator or processor” were eligible for one 10(B) license per entity.
The DCC held a lottery on June 21st to determine the order in which the state’s medical cannabis operators could select new dispensary sites for the adult-use marketplace. The selection process began July 8th to select the applicants’ first sites, and in phase two scheduled to begin in late July, operators will select their additional sites based on the lottery order.
OSU presents Federal Marijuana Reform: Effects and Echoes of Rescheduling
On Wednesday, August 7, 2024, noon–1:15 p.m. the Ohio State University’s Drug Enforcement and Policy Center presents an online panel discussion about federal cannabis reform. A panel of experts will discuss the legal implications of the plant’s status as a controlled substance and the potential impact of federal rescheduling.
About the Discussion: After decades-long efforts by advocates and researchers, President Biden announced in October 2022 that he instructed “the Secretary of Health and Human Services and the Attorney General to initiate the administrative process to review expeditiously how marijuana is scheduled under federal law.” In May 2024, the Attorney General submitted a notice of proposed rulemaking to the Federal Register, initiating a formal rulemaking process to consider the reclassification of marijuana from a schedule I to a schedule III drug under the Controlled Substances Act (CSA). While the rulemaking process timeline has some uncertainties, many expect a final rescheduling rule could appear as soon as September or October 2024.
But what would such a move mean for modern marijuana laws, policies, and practices? Could medical cannabis products be prescribed by doctors and sold in pharmacies nationwide? Would changes in federal laws dramatically impact current medical and recreational industries operating under disparate state systems? And would placement in schedule III make a meaningful difference in the operation of criminal justice systems, especially for people with marijuana-related criminal convictions at the federal or state level?
Panelists: John Hudak, Director of the Maine Office of Cannabis Policy, Robert Mikos, LaRoche Family Chair in Law, Vanderbilt University Law School, Fatima Afia, Attorney, Rudick Law Group, PLLC, Shane Pennington, Partner, Porter Wright Morris & Arthur LLP
Moderator: Cat Packer, Distinguished Cannabis Policy Practitioner in Residence at The Ohio State University Drug Enforcement and Policy Center and Director of Drug Markets and Legal Regulation at Drug Policy Alliance
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