With Ohio’s adult-use law now in effect, lawmakers have sprung into action to propose changes to the medical marijuana program and refine the details surrounding the state’s broader legalization of cannabis. As policy takes shape, the community is abuzz about a wide number of related rulemaking issues. We’ll break down some of the news:
Proposed Changes to the Ohio Medical Marijuana Program
On January 29, the Ohio Department of Commerce released an email about proposed rule changes to the medical marijuana program and the adult-use cannabis program.
Proposed changes to the medical marijuana program include:
- Medical Marijuana Patient & Caregiver Registration Fee Elimination
- No more fees would be paid to the state to get your card, just pay your doctor for the recommendation.
- Medical Marijuana Processor Renewal Fee Reduction
- It would reduce the renewal fee for processors from $100,000 to $50,000.
- Medical Marijuana Provisional Employee Identification Card
- This would be a temporary badge that an employee can use for up to 90 days after completing their application and fingerprints to the State. This allows them to start working immediately, instead of waiting for the State to grant them their license to work.
Additionally, the Department of Commerce issued their first rule-making proposal involving the adult-use program.
Changes to the adult-use cannabis program would include:
- “The Division [of Cannabis Control] will provide a framework for future application periods pursuant to ORC 3780.10, including for level III cultivators and dispensaries with a preference toward applicants who have been certified as participants in the Cannabis Social Equity and Jobs Program.”
- “Adult-use license applications for current medical marijuana facilities and “10(B)” dispensary licenses. These applications will be available by June 7, 2024, and provisional licenses will be issued by September 7, 2024.”
- Additional 10(B) dispensary licenses
- “For a Level I medical marijuana cultivator with a certificate of operation or provisional license: 3 dispensary licenses per entity at locations designated in a license application.”
- “For a Level II medical marijuana cultivator with a certificate of operation or provisional license: 1 dispensary license per entity at a location designated in a license application.”
- “For a medical marijuana dispensary with a certificate of operation or provisional license, which does not have any common ownership or control with any cultivator or processor: 1 dispensary license per entity at a location designated in a license application.”
- Dual-use license permits
- “A dual-use license permits the licensee to participate in both the medical and adult-use cannabis markets.”
- “A current medical marijuana licensee who wishes to participate in the adult-use cannabis market at their current location must apply for a dual-use license.”
- “There is no application fee for a dual-use license application.”
Read the full details of proposed changes here and here. Stakeholders may submit comments to DCCRules@com.ohio.gov through Friday, February 9, 2024.
Delta-8 Legislation Looming
The adult-use law ushers in concern about certain cannabis products that were inadvertently made legal via the 2018 Farm Bill. The bill removed THC isomers (minor chemical variants) from the federal list of controlled substances. Hemp and CBD companies quickly noticed the loophole, and developed a new market for their excess CBD isolate.
Delta-8 THC is an isomer of Delta-9 THC. It occurs only at minuscule levels in natural cannabis. High levels of Delta-8 THC are produced artificially by chemically converting CBD or Delta-9 THC. All Delta-8 THC products are manufactured by some form of chemical conversion. Delta-8 remains legal in 22 states including Ohio. Delta-8 is banned in 17 states and severely restricted in 7 others. In Ohio, Delta-8 can be found in CBD stores, vape shops, and even gas stations.
With the banning of Delta-8 on the mind of Gov. Dewine, hemp retailers are nervous. In a recent press conference, DeWine pleaded for the legislature to ban, or at least age limit, the sale of Delta-8. Sen. Steve Huffman (R-Tipp City) announced he will draft legislation that would outlaw Delta-8 in Ohio. Hemp businesses met this week to consider forming a coalition to examine the issue further. Email Jason Friedman to learn more.
THC-A and Fake Dispensaries
Additional regulation of the adult-use market may come because of the inadvertent legalization of THC-A. THC-A, once decarboxylated, turns into Delta-9 THC and produces the same psychoactive effect. In speaking with Ohio hemp retailers, some continue to sell THC-A in their shops, but others have pulled these items due to the legal gray area. On a federal level, THC-A is permitted as long as the acceptable Delta-9 THC threshold of 0.3% is met. However, various state laws have taken a different stance on this cannabinoid.
Further review may also be likely to come to hemp stores’ advertising requirements. One hemp store in Trotwood claimed to be Ohio’s first legal adult-use dispensary, which is absolutely not true. State adult-use dispensary licenses have not yet been issued. Only registered Ohio medical marijuana patients may access dispensaries currently.
OSU DEPC Holds Webinar about Marijuana Policy Reform
On January 31st, the Ohio State University’s Drug Enforcement and Policy Center (OSU DEPC) at Moritz College of Law held a webinar concerning record clearance for people in Ohio convicted of cannabis offenses.
The webinar featured a panel of policymakers, advocates and legal analysts. Advocates, including Adrian Rocha, Policy Manager for Last Prisoner Project, are renewing calls to address harms caused by the past criminalization of a substance that is no longer illegal. Rocha notes that Ohio remains the only state to legalize cannabis without automatic record clearance. Check out our previous reporting from Last Prisoner Project’s Stephen Post on this topic.
During the webinar, Louis Tobin, Executive Director, Ohio Prosecuting Attorneys Association, noted reasons why he doesn’t think cannabis offenders should get automatic clearance. He also proposed that prosecutors’ offices get a share of the cannabis tax revenue to help pay for record clearance requests. Additionally, he claims police drug dogs would need to get retrained, and thinks some revenue should be put toward that. Rep. Juanita Brent (D-Cleveland) reminded the panel that the cannabis revenue needs to be allotted toward cannabis-related activities, not outside projects.
“Issue 2 Follow Through” Townhall
On Sunday, February 4, Ohio NORML teams up with Cleveland School of Cannabis to host a Townhall, “Issue 2 Follow Through”. The event will take place at their facility at 6599 Granger Rd in Independence, Ohio. It will also be online here. Participants can expect presentations from key stakeholders, expert panel discussions, and a Q&A session where attendees can voice their thoughts and concerns.
MedicateOH continues to follow legislation and rulemaking involving both the medical marijuana program and adult-use law in Ohio. Subscribe to get updates every Monday in your email inbox.
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