The Risks of Cannabis Delivery in Ohio: A Closer Look
Despite what you may see elsewhere in the media, the state of Ohio has yet to allow cannabis delivery services—although the Division of Cannabis Control (DCC) tells us they may not be too far down the road.
Currently, cannabis delivery remains illegal in the state, both for medical and recreational users. MedicateOH verified this with DCC spokesperson James Crawford. He further clarified that delivery of cannabis from any Ohio dispensary licensed by the Ohio Division of Cannabis Control is “currently not legal in any way and subject to law enforcement action”.
However, some services have begun popping up, claiming to offer cannabis delivery. These operations raise significant concerns for patients, consumers, and could even put dispensary licensees and budtenders in hot water. Here’s why:
Legal Status of Cannabis Delivery in Ohio
As of now, Ohio law requires all cannabis transactions to occur in person at state-licensed dispensaries. Buyers must show their identification for purchase. This applies to both medical marijuana, which has been legal and available to cardholders since 2019, and the adult-use law, which was approved in 2023 but hasn’t fully worked its way through the legislative rulemaking process yet. This means any business advertising cannabis delivery is operating outside the bounds of the law.
Federal law further complicates matters, as it prohibits the transportation of cannabis products across state lines. While this doesn’t directly impact intrastate delivery, it underscores the legal gray areas that unauthorized delivery services may exploit.
The Rise of Questionable Delivery Services
Delivery may seem like an attractive and convenient alternative to visiting a dispensary where lines can be very long, especially for recreational consumers. However, the delivery services popping up in Ohio likely aren’t likely to be delivering state-regulated cannabis products. Instead, these services are often supplying hemp-derived products like Delta-8 THC or THCA, which are federally legal under the 2018 Farm Bill but not subject to the rigorous testing and quality control of products sold in licensed dispensaries.
This distinction is crucial. While hemp-derived products can produce psychoactive effects, their legality and safety vary widely. Where many local reputable CBD shops and health retailers exist, these products may be sourced from out-of-state or foreign manufacturers who don’t adhere to Ohio’s cannabis regulations or any federal manufacturing guidelines. Consumers who purchase from these delivery services risk receiving products that may contain harmful contaminants or inaccurate labeling.
Additionally, these services often operate in the shadows, making it difficult for consumers to verify their legitimacy. Transactions with unregulated businesses also carry financial risks, as customers have little recourse if they are scammed or receive substandard products.
Risks to Drivers
Until Ohio lawmakers authorize cannabis delivery, consumers should exercise caution when encountering services that claim to offer it. Many of these services, including the popular app DoorDash, say they are offering delivery of hemp-derived products only, but that is no less risky as a driver. Risks include:
- Potential for Robbery: Cannabis is a high-value product, making delivery drivers a target for theft or robbery, especially if word spreads that they are transporting it. This risk increases in areas where security measures aren’t robust.
- Lack of Clarity on Policies: Delivery platforms may not provide comprehensive training for drivers on handling cannabis or dealing with potential confrontations. Inadequate preparation can lead to unsafe situations.
- Legal Confusion: Even in states where cannabis delivery is legal, drivers may cross jurisdictions where cannabis laws differ, inadvertently putting themselves at legal risk.
- Stigma and Harassment: Drivers transporting cannabis might face judgment or unwanted attention due to the lingering stigma surrounding marijuana, even in states where it’s legalized.
Any platform or service advertising cannabis delivery in Ohio would likely be operating outside the law, exposing not only drivers but also the company and consumers to significant legal and safety risks.
Risk for Dispensaries and Budtenders
Crawford also warned that delivery services obtaining product from dispensaries for customers also pose a risk to the licensees and their staff. He notes, “Any dispensary found to have taken part in this type of market or service would be subject to discipline including revocation of their license.”
Online Sales: Federal Law Prohibits Interstate Cannabis Transport
Lots of cannabis businesses also operate online and claim to deliver to all 50 U.S. states, which is also illegal. Cannabis remains classified as a Schedule I controlled substance under federal law, and talks about reclassifying or declassifying it appear to be stalled indefintely at the federal level.
The federal government prohibits the transportation of cannabis across state lines, even between states where cannabis is legal. This applies to both medical and recreational cannabis. Any business offering to ship cannabis across state lines is operating outside the law and could face severe legal consequences.
As of January 2025, Ohio lawmakers say they will focus on further regulating certain hemp-derived products, particularly those with intoxicating effects. New Ohio House Speaker Matt Huffman advocates for stricter regulations, suggesting that all THC products should be distributed exclusively through dispensaries to ensure proper oversight and safety.
How to Stay Safe as a Medical Cannabis Patient or Consumer
Whether you’re a medical patient or adult-use consumer, MedicateOH urges consumers to use caution when encountering sounds-too-good-to-be-true scenarios like cannabis home delivery. Medical patients should also considering selecting a designated caregiver to pick up their products if they struggle to access dispensaries in person. Consumers should also educate themselves on the differences between regulated cannabis and hemp-derived products to make informed decisions.
The DCC does anticipate offering some sort of delivery service in the future to transit cannabis between dispensaries and customers’ homes, but there’s no time-frame for that yet.
Said Crawford, “We anticipate delivery of some sort will eventually be permitted as that was an area called for in the initiated statute passed by Ohio voters in November 2023. The rules package that includes items related to home delivery is currently in the drafting phase. Once those rules have been drafted, they will be shared for stakeholder feedback before they are ultimately sent to CSI and JCARR for review and approval. While we anticipate home delivery will eventually be permitted for both medical and non-medical; until a rule has been approved by CSI and JCARR, home delivery will not be permitted.”
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