Chapter 3796 | Marijuana Control Program

Section 3796.01 | Definitions.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) As used in this chapter:

(1) "Marijuana" means marihuana as defined in section 3719.01 of the Revised Code.

(2) "Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose in accordance with this chapter. "Medical marijuana" does not include adult-use marijuana or homegrown marijuana.

(3) "Academic medical center" has the same meaning as in section 4731.297 of the Revised Code.

(4) "Drug database" means the database established and maintained by the state board of pharmacy pursuant to section 4729.75 of the Revised Code.

(5) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.

(6) "Qualifying medical condition" means any of the following:

(a) Acquired immune deficiency syndrome;

(b) Alzheimer's disease;

(c) Amyotrophic lateral sclerosis;

(d) Cancer;

(e) Chronic traumatic encephalopathy;

(f) Crohn's disease;

(g) Epilepsy or another seizure disorder;

(h) Fibromyalgia;

(i) Glaucoma;

(j) Hepatitis C;

(k) Inflammatory bowel disease;

(l) Multiple sclerosis;

(m) Pain that is either of the following:

(i) Chronic and severe;

(ii) Intractable.

(n) Parkinson's disease;

(o) Positive status for HIV;

(p) Post-traumatic stress disorder;

(q) Sickle cell anemia;

(r) Spinal cord disease or injury;

(s) Tourette's syndrome;

(t) Traumatic brain injury;

(u) Ulcerative colitis;

(v) Any other disease or condition added by the state medical board under section 4731.302 of the Revised Code.

(7) "State university" has the same meaning as in section 3345.011 of the Revised Code.

(8) "Adult-use consumer" means an individual who is at least twenty-one years of age.

(9) "Adult-use marijuana" means marijuana that is cultivated, processed, dispensed, or tested for, or possessed or used by, an adult-use consumer, in accordance with this chapter. "Adult-use marijuana" includes marijuana cultivated, processed, dispensed, or tested for, or possessed or used by, an adult-use consumer before the effective date of this amendment in accordance with Chapter 3780. of the Revised Code, as that chapter existed immediately prior to the effective date of this amendment. "Adult-use marijuana" does not include medical marijuana or homegrown marijuana.

(10) "Church" has the meaning defined in section 1710.01 of the Revised Code.

(11) "Public library" means a library provided for under Chapter 3375. of the Revised Code.

(12) "Public park" means a park established by the state or a political subdivision of the state, including a county, township, municipal corporation, or park district.

(13) "Public playground" means a playground established by the state or a political subdivision of the state, including a county, township, municipal corporation, or park district.

(14) "School" means a child care center as defined under section 5104.01 of the Revised Code, a preschool as defined under section 2950.034 of the Revised Code, or a public or nonpublic primary school or secondary school.

(15) "Public place" has the same meaning as in section 3794.01 of the Revised Code.

(16) "Ohio investigative unit" means the investigative unit maintained by the department of public safety under section 5502.13 of the Revised Code.

(17) "Homegrown marijuana" means marijuana cultivated, grown, processed, or possessed by an adult-use consumer in accordance with section 3796.04 of the Revised Code. "Homegrown marijuana" includes marijuana cultivated, grown, processed, or possessed before the effective date of this amendment under former section 3780.28 of the Revised Code, as that section existed immediately prior to the effective date of this amendment. "Homegrown marijuana" does not include medical marijuana or adult-use marijuana.

(18) "Provisional license" means a temporary license issued to an applicant for a cultivator, processor, retail dispensary, or laboratory license under this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this amendment, that establishes the conditions that must be met before the provisional license holder may engage in the activities authorized by section 3796.18, 3796.19, 3796.20, or 3796.21 of the Revised Code.

(19) "Certificate of operation" means a certificate issued to the holder of a provisional license that authorizes the recipient to engage in the activities authorized by section 3796.18, 3796.19, 3796.20, or 3796.21 of the Revised Code.

(20) "Licensed cultivator" means the holder of a current, valid license issued pursuant to this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this amendment, to engage in the activities authorized by section 3796.18 of the Revised Code.

(21) "Licensed processor" means the holder of a current, valid license issued pursuant to this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this amendment, to engage in the activities authorized by section 3796.19 of the Revised Code.

(22) "Licensed dispensary" means the holder of a current, valid license issued pursuant to this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this amendment, to engage in the activities authorized by section 3796.20 of the Revised Code.

(23) "Licensed laboratory" means the holder of a current, valid license issued pursuant to this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this amendment, to engage in the activities authorized by section 3796.21 of the Revised Code.

(24) "License holder" means the holder of a current, valid license issued under this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this amendment;

(25) "Physical control" means being in the operator's position of a vehicle, streetcar, trackless trolley, watercraft, or aircraft and having possession of the vehicle's, streetcar's, trackless trolley's, watercraft's, or aircraft's ignition key or other ignition device.

(B) As used in the Revised Code, the "division of marijuana control" means the division of cannabis control and the "superintendent of marijuana control" means the superintendent of cannabis control. Whenever the division of marijuana control or the superintendent of marijuana control is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation shall be deemed to refer to the division of cannabis control or the superintendent of cannabis control, as indicated by context.

(C) Notwithstanding any conflicting provision of Chapter 3719. of the Revised Code or the rules adopted under it, for purposes of this chapter, marijuana is a schedule II controlled substance.

Last updated January 12, 2026 at 11:26 AM

Section 3796.02 | Establishment.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

There is hereby established a division of cannabis control in the department of commerce under the supervision and direction of the superintendent of marijuana control as established under section 121.04 of the Revised Code. The cannabis control program is hereby established in the division of cannabis control. The division shall provide for the licensure of marijuana cultivators, processors, retail dispensaries, and laboratories that test marijuana. The division shall also provide for the registration of patients and their caregivers. The division shall administer the cannabis control program.

Last updated January 20, 2026 at 10:47 AM

Section 3796.021 | [Repealed effective 3/20/2026 by S.B. 56, 136th General Assembly] Medical marijuana advisory committee.

• Effective: September 8, 2016
• Latest Legislation: House Bill 523 - 131st General Assembly

(A) The medical marijuana advisory committee is hereby created in the state board of pharmacy. The committee shall consist of the following:

(1) Two members who are practicing pharmacists, at least one of whom supports the use of marijuana for medical purposes and at least one of whom is a member of the board of pharmacy;

(2) Two members who are practicing physicians, at least one of whom supports the use of marijuana for medical purposes and at least one of whom is a member of the state medical board;

(3) A member who represents local law enforcement;

(4) A member who represents employers;

(5) A member who represents labor;

(6) A member who represents persons involved in mental health treatment;

(7) A member who is a nurse;

(8) A member who represents caregivers;

(9) A member who represents patients;

(10) A member who represents agriculture;

(11) A member who represents persons involved in the treatment of alcohol and drug addiction;

(12) A member who engages in academic research.

(B) The governor shall appoint the members described in divisions (A)(1), (2), (4), (10), (11), and (12) of this section. The senate president shall appoint the members described in divisions (A)(3) and (8) of this section. The minority leader of the senate shall appoint the member described in division (A)(7) of this section. The speaker of the house of representatives shall appoint the members described in divisions (A)(6) and (9) of this section. The minority leader of the house of representatives shall appoint the member described in division (A)(5) of this section. Not more than six members shall be of the same political party.

(C) Appointments to the committee shall be made not later than thirty days after the effective date of this section.

(D) Each member of the committee shall serve from the date of appointment until the committee ceases to exist, except that members serve at the pleasure of the appointing authority. Vacancies shall be filled in the same manner as original appointments.

(E) The governor shall select a member of the committee to serve as its chairperson.

(F) Each member of the committee shall receive a per diem compensation determined in accordance with division (J) of section 124.15 of the Revised Code. In addition, each member shall receive actual and necessary travel expenses in connection with committee meetings and business.

(G) The committee shall hold its initial meeting not later than thirty days after the last member of the committee is appointed. The committee may develop and submit to the department of commerce, state board of pharmacy, and the state medical board any recommendations related to the medical marijuana control program and the implementation and enforcement of Chapter 3796. of the Revised Code.

(H) The committee is not subject to sections 101.82 to 101.87 of the Revised Code.

(I) The committee shall cease to exist on the date that occurs five years and thirty days after the effective date of this act.

Last updated January 23, 2026 at 2:11 PM

Section 3796.03 | Adoption of rules and standards.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) The division of cannabis control shall adopt rules establishing standards and procedures for the cannabis control program.

All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.

(B) The rules shall do all of the following:

(1) Establish application procedures and fees for licensure;

(2) Specify both of the following:

(a) The conditions that must be met to be eligible for licensure;

(b) The criminal offenses that disqualify an applicant from licensure under this chapter.

(3) Establish, in accordance with section 3796.05 of the Revised Code, the number of cultivator licenses that will be permitted at any one time;

(4) Establish a license renewal schedule, renewal procedures, and renewal fees;

(5) Specify reasons for which a license may be suspended, including without prior hearing, revoked, or not be renewed or issued and the reasons for which a civil penalty may be imposed on a license holder;

(6) Establish standards under which a license suspension may be lifted;

(7) Establish procedures for registration of medical marijuana patients and caregivers and requirements that must be met to be eligible for registration;

(8) Establish training requirements for employees of licensed dispensaries;

(9) Specify, by form and tetrahydrocannabinol content, a maximum ninety-day supply of medical marijuana that may be possessed;

(10) Specify the paraphernalia or other accessories that may be used in the administration of medical marijuana, adult-use marijuana, and homegrown marijuana;

(11) Establish procedures for the issuance of patient or caregiver identification cards;

(12) Specify the forms of or methods of using adult-use marijuana and medical marijuana that are attractive to children;

(13) Establish a program to assist medical marijuana patients who are veterans or indigent in obtaining medical marijuana in accordance with this chapter;

(14) Establish, in accordance with section 3796.05 of the Revised Code, standards and procedures for the testing of medical marijuana and adult-use marijuana by a licensed laboratory;

(15) Establish standards and procedures for both of the following:

(a) Online and mobile ordering of adult-use and medical marijuana by a licensed dispensary;

(b) Delivery of medical marijuana by a licensed dispensary or an agent of a licensed dispensary to a registered medical marijuana patient or caregiver.

(16) Establish standards prohibiting the use of gifts, samples, or other free or discounted goods or services to induce or reward a license holder for business or referrals;

(17) Establish standards for non-marijuana ingredients used in adult-use and medical marijuana products, which may take into account industry best-practices and criteria set by the federal food and drug administration for food ingredients, vitamins, and supplements. The division may prohibit ingredients that do not meet such standards.

(C) In addition to the rules described in division (B) of this section, the division may adopt any other rules it considers necessary for the program's administration and the implementation and enforcement of this chapter.

(D) When adopting rules under this section, the division shall consider standards and procedures that have been found to be best practices relative to the use and regulation of medical marijuana, adult-use marijuana, and homegrown marijuana.

Last updated January 12, 2026 at 11:27 AM

Section 3796.031 | Closed-loop payment processing system.

• Effective: September 8, 2016
• Latest Legislation: House Bill 523 - 131st General Assembly

(A) The director of commerce may, in accordance with Chapter 119. of the Revised Code, adopt rules that establish a closed-loop payment processing system under which the state creates accounts to be used only by registered patients and caregivers at licensed dispensaries as well as by all license holders under this chapter. The system may include record-keeping and accounting functions that identify all parties involved in those transactions. The purpose of the system is to prevent all of the following:

(1) Revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;

(2) The diversion of marijuana from a state where it is legal in some form under that state's law to another state;

(3) The distribution of marijuana to minors;

(4) The use of state-authorized marijuana activity as a cover or pretext for the trafficking of other illegal drugs or for other illegal activity.

(B) The information recorded by the system shall be fully accessible to the state board of pharmacy and all state and federal law enforcement agencies, including the United States department of the treasury's financial crimes enforcement network.

Section 3796.032 | Applicability to research and development institutions and organizations.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

This chapter does not authorize the division of cannabis control to oversee or limit research conducted at a state university, academic medical center, or private research and development organization that is related to marijuana and is approved by an agency, board, center, department, or institute of the United States government, including any of the following:

(A) The agency for health care research and quality;

(B) The national institutes of health;

(C) The national academy of sciences;

(D) The centers for medicare and medicaid services;

(E) The United States department of defense;

(F) The centers for disease control and prevention;

(G) The United States department of veterans affairs;

(H) The drug enforcement administration;

(I) The food and drug administration;

(J) Any board recognized by the national institutes of health for the purpose of evaluating the medical value of health care services.

Last updated January 20, 2026 at 10:49 AM

Section 3796.04 | Home grow.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) Notwithstanding any conflicting provision of the Revised Code, an adult-use consumer may do all of the following:

(1) Cultivate, grow, and possess homegrown marijuana plants at the adult-use consumer's primary residence, if all of the following apply:

(a) Not more than six homegrown marijuana plants are cultivated or grown by each adult-use consumer;

(b) Not more than twelve homegrown marijuana plants are cultivated or grown at a single residence;

(c) Cultivation or growing of homegrown marijuana takes place only within a secured closet, room, greenhouse, or other enclosed area in or on the grounds of the residence that prevents access by individuals under twenty-one years of age, and which is not visible by normal unaided vision from a public space;

(d) Cultivation or growing of homegrown marijuana does not take place at a residence that is any of the following:

(i) A type A family child care home or type B family child care home, as those terms are defined in section 5104.01 of the Revised Code;

(ii) A halfway house, community transitional housing facility, community residential center, or other similar facility licensed by the division of parole and community services under section 2967.14 of the Revised Code;

(iii) A residential premises occupied pursuant to a rental agreement that prohibits the activities otherwise authorized by this section.

(2) Process homegrown marijuana by manual or mechanical means.

(3) Store homegrown marijuana and adult-use marijuana at the adult-use consumer's primary residence.

(4) Use homegrown marijuana grown, cultivated, and processed at the adult-use consumer's primary residence ;

(5) Possess any paraphernalia or accessories that may be used in the administration of adult-use marijuana or homegrown marijuana.

(B) This section does not authorize any person to:

(1) Cultivate, grow, or process homegrown marijuana except at the person's primary residence;

(2) Use, cultivate, process, transfer, or transport adult-use marijuana or homegrown marijuana before reaching twenty-one years of age;

(3) Process homegrown by hydrocarbon-based extraction;

(4) Sell, or profit from, homegrown marijuana;

(5) Cultivate, grow, or possess homegrown marijuana on behalf of another person.

(C)(1) No person shall knowingly cultivate, grow, or possess homegrown marijuana in a manner that violates division (A) of this section :

(2) No person shall knowingly consume adult-use marijuana or homegrown marijuana in a public place ;

(3) No person operating a public place shall knowingly permit the consumption of adult-use marijuana or homegrown marijuana in that public place.

(D) Subject to division (B) of this section and divisions (B) and (C) of section 3796.221 of the Revised Code, an adult-use consumer shall not be subject to arrest or criminal prosecution for cultivating, growing, possessing, processing, storing, or using homegrown marijuana, or possessing paraphernalia or accessories that may be used in the administration of adult-use or homegrown marijuana, in accordance with division (A) of this section.

(E) This section does not authorize an adult-use consumer to operate a vehicle, streetcar, trackless trolley, watercraft, or aircraft while under the influence of marijuana.

Last updated February 9, 2026 at 1:16 PM

Section 3796.05 | Number of cultivator and dispensary licenses; testing standards and procedures.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) When establishing the number of cultivator licenses that will be permitted at any one time, the division of cannabis control shall consider all of the following:

(1) The population of this state;

(2) The number of patients seeking to use medical marijuana;

(3) The number of adult-use consumers seeking to use adult-use marijuana.

(B)(1) Not more than four hundred licensed dispensaries shall be permitted to operate in this state at any one time.

(2)(a) The division may revoke a dispensary license for failure to secure a certificate of operation within eighteen months after issuance of a provisional license.

(b) The holder of a provisional license may apply to the division for not more than two six-month extensions of the deadline prescribed by division (B)(2)(a) of this section. The division shall approve the extension if the provisional license holder demonstrates that the provisional license holder has made a good-faith effort to become operational.

(3) When issuing retail dispensary licenses, the division of cannabis control shall ensure that the geographic distribution of dispensary sites does not result in the oversaturation of any geographic area.

(4) The division shall not, on or after the effective date of this amendment, issue a retail dispensary license for, or approve the relocation of a licensed retail dispensary to, a location or facility:

(a) That is within one mile of another licensed dispensary;

(b) For which a permit has been issued under Chapter 4303. of the Revised Code to sell beer and intoxicating liquor, as those terms are defined in section 4301.01 of the Revised Code.

(C) No person shall own or operate more than eight licensed dispensaries, more than one licensed cultivator, or more than one licensed processor license at any time.

(D) When establishing standards and procedures for the testing of medical marijuana and adult-use marijuana, the division shall do all of the following:

(1) Specify when testing must be conducted;

(2) Determine the minimum amount of medical marijuana or adult-use marijuana that must be tested;

(3) Specify the manner in which testing is to be conducted in an effort to ensure uniformity of medical marijuana products and adult-use marijuana products;

(4) Specify the manner in which test results are provided.

Last updated January 20, 2026 at 10:51 AM

Section 3796.06 | Forms of marijuana.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) Only the following forms of medical marijuana may be dispensed under this chapter:

(1) Oils;

(2) Tinctures;

(3) Plant material;

(4) Edibles;

(5) Patches;

(6) Any other form approved by the division of marijuana control under section 3796.061 of the Revised Code.

(B) Only the following forms of adult-use marijuana may be dispensed under this chapter:

(1) Any form in which medical marijuana may be dispensed;

(2) Extracts;

(3) Drops;

(4) Lozenges;

(5) Smoking or combustible products;

(6) Vaporization products;

(7) Beverages;

(8) Pills;

(9) Capsules;

(10) Suppositories;

(11) Oral pouches;

(12) Oral strips;

(13) Oral and topical sprays;

(14) Salves;

(15) Lotions or similar cosmetic products;

(16) Inhalers;

(17) Seeds;

(18) Live plants;

(19) Clones;

(20) Pre-rolled products.

(C) With respect to the methods of using medical marijuana, adult-use marijuana and homegrown marijuana, all of the following apply:

(1) The smoking or combustion of medical marijuana is prohibited.

(2) No person shall knowingly consume adult-use marijuana or homegrown marijuana by smoking, combustion, or vaporization or knowingly consume medical marijuana by vaporization in any place other than privately owned real property that is used primarily for residential or agricultural purposes, including any dwellings, facilities, improvements, and appurtenances on such real property.

(3) No person shall knowingly smoke, combust, or vaporize marijuana in any of the following:

(a) A type A family child care home or type B family child care home, as those terms are defined in section 5104.01 of the Revised Code;

(b) A halfway house, community transitional housing facility, community residential center, or other similar facility licensed by the division of parole and community services under section 2967.14 of the Revised Code;

(c) A residential premises occupied pursuant to a rental agreement that prohibits the smoking, combustion, or vaporization of marijuana;

(d) A public place or place of employment, as those terms are defined in section 3794.01 of the Revised Code.

(4) The division may approve additional methods of using medical marijuana, other than smoking or combustion, under section 3796.061 of the Revised Code.

(D)(1) Any form or method of using adult-use marijuana or medical marijuana that is considered attractive to children, as specified in rules adopted by the division, is prohibited.

(2) Adult-use marijuana and medical marijuana shall not be dispensed or sold in a form or shape that bears the likeness or contains the characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon renderings.

(E)(1) Except as otherwise provided in division (E)(3) of this section, the tetrahydrocannabinol content of medical marijuana dispensed or sold to patients or caregivers shall not exceed:

(a) Thirty-five per cent for plant material;

(b) Seventy per cent for extracts.

(2) Except as otherwise provided in division (E)(3) of this section, the tetrahydrocannabinol content of adult-use marijuana dispensed or sold to adult-use consumers shall not exceed:

(a) Thirty-five per cent for plant material;

(b) Seventy per cent for extracts.

(3) The division may adopt rules, in accordance with Chapter 119. of the Revised Code, that do either or both of the following:

(a) Increase the tetrahyrdrocannabinol content limits for extracts prescribed in divisions (E)(1) and (2) of this section;

(b) Establish tetrahydrocannabinol content limits for adult-use and medical marijuana dispensed or sold under this chapter by content per serving or per package.

(F) No person shall knowingly give, sell, or distribute adult-use marijuana or homegrown marijuana to a person under twenty-one years of age.

(G) No person under the age of twenty one shall knowingly purchase, use, or possess adult-use marijuana or homegrown marijuana.

(H) An adult-use consumer, medical marijuana patient, or medical marijuana caregiver shall store edible adult-use and medical marijuana products in the original packaging at all times when the products are not actively in use.

Last updated March 13, 2026 at 1:33 PM

Section 3796.061 | Petition for form or method of use.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) Any person may submit a petition to the state division of cannabis control requesting that a form of or method of using medical marijuana be approved for the purposes of section 3796.06 of the Revised Code. A petition shall be submitted to the division in a manner prescribed by the division. A petition shall not seek to approve a method of using medical marijuana that involves smoking or combustion.

(B) On receipt of a petition, the division shall review it to determine whether to approve the form of or method of using medical marijuana described in the petition. The division may consolidate the review of petitions for the same or similar forms or methods. In making its determination, the division shall consult with one or more experts and review any relevant scientific evidence.

(C) The division shall approve or deny the petition in accordance with any rules adopted by the division under this section. The division's decision is final.

(D) The division may adopt rules as necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.

Last updated January 20, 2026 at 10:52 AM

Section 3796.062 | Transportation of marijuana.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) No person shall knowingly transport marijuana other than adult-use marijuana, medical marijuana, or homegrown marijuana in a motor vehicle.

(B) No person shall knowingly transport medical marijuana or adult-use marijuana in a motor vehicle unless one of the following applies:

(1) The adult-use marijuana or medical marijuana is in the original, unopened packaging in which it was dispensed or sold;

(2) If previously opened, the adult-use marijuana or medical marijuana is stored in the trunk of the motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat of the motor vehicle or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.

(C) No person shall knowingly transport homegrown marijuana in a motor vehicle unless the homegrown marijuana is stored in the trunk of the motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat of the motor vehicle or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.

(D) No person shall knowingly transport marijuana paraphernalia in a motor vehicle unless one of the following applies:

(1) The marijuana paraphernalia is in the original, unopened packaging in which it was dispensed or sold;

(2) If previously opened, the marijuana paraphernalia is stored in the trunk of the motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat of the motor vehicle or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.

Last updated February 9, 2026 at 1:16 PM

Section 3796.07 | Electronic database.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

The division of cannabis control shall establish and maintain an electronic database to monitor adult-use and medical marijuana from its seed source through its cultivation, processing, testing, and dispensing. The division may contract with a separate entity to establish and maintain all or any part of the electronic database on behalf of the department.

The electronic database shall allow for information regarding adult-use and medical marijuana to be updated instantaneously. A license holder shall submit to the division any information the division determines is necessary for maintaining the electronic database.

Information reported or collected under this section, including all data contained in the electronic database, is confidential and is not a public record for the purposes of section 149.43 of the Revised Code. The division and any entity under contract with the division shall not make public any information reported to or collected by the division under this section that identifies or would tend to identify any specific adult-use consumer or medical marijuana patient. Information or data that does not identify a specific adult-use consumer or medical marijuana patient may be released in summary, statistical, or aggregate form.

Last updated January 20, 2026 at 10:54 AM

Section 3796.08 | Registration.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A)(1) Until one hundred eighty days following October 3, 2023, a patient seeking to use medical marijuana or a caregiver seeking to assist a patient in the use or administration of medical marijuana shall apply to the state board of pharmacy for registration. On and after one hundred eighty days following October 3, 2023, a patient seeking to use medical marijuana or a caregiver seeking to assist a patient in the use or administration of medical marijuana shall apply to the division of cannabis control for registration. The physician who holds a certificate to recommend issued by the state medical board and is treating the patient or the physician's delegate shall submit the application on the patient's or caregiver's behalf in the manner established in rules adopted under section 3796.03 of the Revised Code.

(2) The application shall include all of the following:

(a) A statement from the physician certifying all of the following:

(i) That a bona fide physician-patient relationship exists between the physician and patient;

(ii) That the patient has been diagnosed with a qualifying medical condition;

(iii) That the physician or physician delegate has requested from the drug database a report of information related to the patient that covers at least the twelve months immediately preceding the date of the report;

(iv) That the physician has informed the patient of the risks and benefits of medical marijuana as it pertains to the patient's qualifying medical condition and medical history.

(b) In the case of an application submitted on behalf of a patient, the name or names of the one or more caregivers that will assist the patient in the use or administration of medical marijuana;

(c) In the case of an application submitted on behalf of a caregiver, the name of the patient or patients that the caregiver seeks to assist in the use or administration of medical marijuana.

(3) If the application is complete and meets the requirements established in rules, the board or division, as applicable, shall register the patient or caregiver and issue to the patient or caregiver an identification card.

(B) The board or division, as applicable, shall not make public any information reported to or collected by the board or division, as applicable, under this section that identifies or would tend to identify any specific patient.

Information collected by the board or division, as applicable, pursuant to this section is confidential and not a public record. The board or division, as applicable, may share identifying information with a licensed retail dispensary for the purpose of confirming that a person has a valid registration. Information that does not identify a person may be released in summary, statistical, or aggregate form.

(C) A registration expires according to the renewal schedule established in rules adopted under section 3796.03 of the Revised Code and may be renewed in accordance with procedures established in those rules.

Last updated January 20, 2026 at 10:55 AM

Section 3796.09 | License to cultivate, process or test marijuana.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) An entity that seeks to cultivate, process, or conduct laboratory testing of medical marijuana and adult-use marijuana shall file an application for licensure with the division of cannabis control. The entity shall file an application for each location from which it seeks to operate. Each application shall be submitted in accordance with rules adopted under section 3796.03 of the Revised Code.

(B) The division shall evaluate and prioritize applications for licensure under this section according to the applicant's eligibility, suitability, and ability to operate.

(C) The division shall not issue a license to an applicant unless all of the following eligibility requirements are met:

(1) The report of the criminal records check conducted pursuant to section 3796.12 of the Revised Code with respect to the application demonstrates that the person subject to the criminal records check requirement has not been convicted of or pleaded guilty to a disqualifying offense, as specified in rules adopted under division (B)(2)(b) of section 3796.03 of the Revised Code.

(2) If the application is for a cultivator or processor license, the applicant demonstrates that none of its current or prospective owners, officers, board members, administrators, employees, agents, or affiliates who may significantly influence or control the applicant's activities have an ownership or investment interest in or compensation arrangement with either of the following:

(a) A licensed laboratory;

(b) An applicant for a license to conduct laboratory testing.

(3) If the application is for a cultivator or processor license, the applicant demonstrates that none of its current or prospective owners, officers, board members, administrators, employees, agents, or affiliates who may significantly influence or control the applicant's activities share any corporate officers or employees with either of the following:

(a) A licensed laboratory;

(b) An applicant for a license to conduct laboratory testing.

(4) The applicant demonstrates that it will not be located within five hundred feet of a school, church, public library, public playground, or public park.

(5) The information provided to the division pursuant to section 3796.11 of the Revised Code demonstrates that the applicant is in compliance with the applicable tax laws of this state.

(6) The applicant demonstrates sufficient liquid capital and ability to meet financial responsibility requirements;

(7) The applicant demonstrates that the municipal corporation or township in which it will be located has not passed a moratorium or taken any other action that would prohibit the applicant from operating there;

(8) The application does not contain false, misleading, or deceptive information and does not omit material information;

(9) The applicant pays any fee required by the division;

(10) The applicant meets all other licensure eligibility conditions established in rules adopted under section 3796.03 of the Revised Code.

(D) If the number of eligible applicants exceed the number of available licenses, the division shall use an impartial and evidence-based process to rank the eligible applicants. The ranking process shall take into account all of the following:

(1) The applicant's business plan;

(2) The applicant's operations plan;

(3) The applicant's security plan;

(4) The applicant's financial plan;

(5) The applicant's principal place of business;

(6) The proposed location of the cultivation, processing, or laboratory facility;

(7) The applicant's plan for generating job and economic development in this state;

(8) The applicant's environmental plan;

(9) Employment practices, including any plans to inform, hire, or educate residents of the state, veterans, disabled persons, women, or minorities;

(10) The criminal records of all persons subject to the criminal records check requirement;

(11) The civil and administrative history of the applicant and persons associated with the applicant;

(12) Any other eligibility, suitability, or operations-based determination specified in this chapter or rules adopted by the division thereunder.

(E)(1) If the division uses a lottery system to issue licenses under this section, the applicants shall be grouped into the following distinct categories:

(a) Highly exceeds;

(b) Exceeds;

(c) Meets;

(d) Does not meet.

(2) The division shall group the applicants such that the number of applicants in each of the highly exceeds, exceeds, and meets categories is roughly equal, unless doing so is not possible while conforming to an impartial and evidence-based process. Applicants that do not meet the eligibility requirements prescribed by division (C) of this section shall be placed in the does not meet category.

(3) In conducting the lottery, the division shall give applicants in the exceeds category double odds of being selected as compared to applicants in the meets category. The division shall give applicants in the highly exceeds category double the odds of being selected as compared to applicants in the exceeds category. An applicant grouped in the does not meet category is ineligible for licensure.

(F) The division shall issue not less than fifteen per cent of cultivator, processor, or laboratory licenses to entities that are owned and controlled by United States citizens who are residents of this state and are members of one of the following economically disadvantaged groups: Blacks or African Americans, American Indians, Hispanics or Latinos, and Asians. If no applications or an insufficient number of applications are submitted by such entities that meet the conditions set forth in division (C) of this section, the licenses shall be issued according to usual procedures.

As used in this division, "owned and controlled" means that at least fifty-one per cent of the business, including corporate stock if a corporation, is owned by persons who belong to one or more of the groups set forth in this division, and that those owners have control over the management and day-to-day operations of the business and an interest in the capital, assets, and profits and losses of the business proportionate to their percentage of ownership.

(G) A license expires according to the renewal schedule established in rules adopted under section 3796.03 of the Revised Code and may be renewed in accordance with the procedures established in those rules. Applications for renewal are not subject to the evaluation, prioritization, ranking, and lottery provisions in divisions (B), (D), and (E) of this section. The division shall not deny an application for renewal based solely on the location of the applicant's existing facility in proximity to other license holders.

(H) A provisional license issued under this section is not transferable.

(I) No person shall knowingly engage in any of the activities described in section 3796.18, 3796.19, or 3796.21 of the Revised Code without the proper license issued under this section or Chapter 3780. of the Revised Code, as that chapter existed immediately prior to the effective date of this amendment.

Last updated March 13, 2026 at 1:39 PM

Section 3796.10 | Application to dispense.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) An entity that seeks to dispense at retail medical marijuana and adult-use marijuana shall file an application for licensure with the division of marijuana control. The entity shall file an application for each location from which it seeks to operate. Each application shall be submitted in accordance with rules adopted under section 3796.03 of the Revised Code.

(B) The division shall evaluate and prioritize applications for licensure under this section according to the applicant's eligibility, suitability, and ability to operate.

(C) The division shall not issue a license to an applicant unless all of the following conditions are met:

(1) The report of the criminal records check conducted pursuant to section 3796.12 of the Revised Code with respect to the application demonstrates that the person subject to the criminal records check requirement has not been convicted of or pleaded guilty to a disqualifying offense, as specified in rules adopted under division (B)(2)(b) of section 3796.03 of the Revised Code.

(2) The applicant demonstrates that none of its current or prospective owners, officers, board members, administrators, employees, agents, or affiliates who may significantly influence or control the applicant's activities have an ownership or investment interest in or compensation arrangement with either of the following:

(a) A licensed laboratory;

(b) An applicant for a license to conduct laboratory testing.

(3) The applicant demonstrates that none of its current or prospective owners, officers, board members, administrators, employees, agents, or affiliates who may significantly influence or control the applicant's activities share any corporate officers or employees with either of the following:

(a) A licensed laboratory;

(b) An applicant for a license to conduct laboratory testing.

(4) The applicant demonstrates that it will not be located within five hundred feet of a school, church, public library, public playground, or public park.

(5) The applicant demonstrates that the proposed location or facility is not either of the following:

(a) Located within one mile of another licensed dispensary;

(b) Issued a permit under Chapter 4303. of the Revised Code to sell beer and intoxicating liquor, as those terms are defined in section 4301.01 of the Revised Code.

(6) The information provided to the division pursuant to section 3796.11 of the Revised Code demonstrates that the applicant is in compliance with the applicable tax laws of this state.

(7) The applicant demonstrates sufficient liquid capital and ability to meet financial responsibility requirements ;

(8) The applicant demonstrates that the municipal corporation or township in which it will be located has not passed a moratorium or taken any other action that would prohibit the applicant from operating there ;

(9) The application does not contain false, misleading, or deceptive information and does not omit material information ;

(10) The applicant pays any fee required by the division ;

(11) The applicant meets all other licensure eligibility conditions established in rules adopted under section 3796.03 of the Revised Code.

(D) If the number of eligible applicants exceed the number of available licenses, the division shall use an impartial and evidence-based process to rank the eligible applicants. The ranking process shall take into account all of the following:

(1) The applicant's business plan;

(2) The applicant's operations plan;

(3) The applicant's security plan;

(4) The applicant's financial plan;

(5) The applicant's principal place of business;

(6) The proposed location of the cultivation, processing, or laboratory facility;

(7) The applicant's plan for generating job and economic development in this state;

(8) The applicant's environmental plan;

(9) Employment practices, including any plans to inform, hire, or educate residents of the state, veterans, disabled persons, women, or minorities;

(10) The criminal records of all persons subject to the criminal records check requirement;

(11) The civil and administrative history of the applicant and persons associated with the applicant;

(12) Any other eligibility, suitability, or operations-based determination specified in this chapter or rules adopted by the division thereunder.

(E)(1) If the division uses a lottery system to issue licenses under this section, the applicants shall be grouped into the following distinct categories:

(a) Highly exceeds;

(b) Exceeds;

(c) Meets;

(d) Does not meet.

(2) The division shall group the applicants such that the number of applicants in each of the highly exceeds, exceeds, and meets categories is roughly equal, unless doing so is not possible while conforming to an impartial and evidence-based process. Applicants that do not meet the eligibility requirements prescribed by division (C) of this section shall be placed in the does not meet category.

(3) In conducting the lottery, the division shall give applicants in the exceeds category double the odds of being selected as compared to applicants in the meets category. The division shall give applicants in the highly exceeds category double the odds of being selected as compared to applicants in the exceeds category. An applicant grouped in the does not meet category is ineligible for licensure.

(F) The division shall issue not less than fifteen per cent of retail dispensary licenses to entities that are owned and controlled by United States citizens who are residents of this state and are members of one of the following economically disadvantaged groups: Blacks or African Americans, American Indians, Hispanics or Latinos, and Asians. If no applications or an insufficient number of applications are submitted by such entities that meet the conditions set forth in division (C) of this section, the licenses shall be issued according to usual procedures.

As used in this division, "owned and controlled" means that at least fifty-one per cent of the business, including corporate stock if a corporation, is owned by persons who belong to one or more of the groups set forth in this division, and that those owners have control over the management and day-to-day operations of the business and an interest in the capital, assets, and profits and losses of the business proportionate to their percentage of ownership.

(G) A license expires according to the renewal schedule established in rules adopted under section 3796.03 of the Revised Code and may be renewed in accordance with the procedures established in those rules. Applications for renewal are not subject to the evaluation, prioritization, ranking, and lottery provisions in divisions (B), (D), and (E) of this section. The division shall not deny an application for renewal based solely on the location of the applicant's existing dispensary facility in proximity to other license holders.

(H) A provisional license issued under this section is not transferable.

(I) No person shall knowingly engage in any of the activities described in section 3796.20 of the Revised Code without a dispensary license issued under this section or Chapter 3780. of the Revised Code, as that chapter existed immediately prior to the effective date of this amendment.

Last updated January 16, 2026 at 2:53 PM

Section 3796.11 | Information provided by department of taxation.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A)(1) Notwithstanding section 149.43 of the Revised Code or any other public records law to the contrary or any law relating to the confidentiality of tax return information, upon the request of the division of cannabis control, the department of taxation shall provide to the division all of the following information:

(a) Whether an applicant for licensure under this chapter is in compliance with the applicable tax laws of this state;

(b) Any past or pending violation by the applicant of those tax laws, and any penalty imposed on the applicant for such a violation.

(2) The division shall request the information only as it pertains to an application for licensure that the division, as applicable, is reviewing.

(3) The department of taxation may charge the division a reasonable fee to cover the administrative cost of providing the information.

(B) Information received under this section is confidential. Except as otherwise permitted by other state law or federal law, the division shall not make the information available to any person other than the applicant for licensure to whom the information applies.

Last updated January 20, 2026 at 10:55 AM

Section 3796.12 | Criminal records check.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) As used in this section, "criminal records check" has the same meaning as in section 109.572 of the Revised Code.

(B)(1) As part of the application process for a license issued under this chapter, the division of cannabis control shall require each of the following to complete a criminal records check:

(a) An administrator or other person responsible for the daily operation of the entity seeking the license;

(b) An owner or prospective owner, officer or prospective officer, or board member or prospective board member of the entity seeking the license.

(2) If a person subject to the criminal records check requirement does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent of the bureau of criminal identification and investigation has requested information about the person from the federal bureau of investigation in a criminal records check, the division shall request that the person obtain through the superintendent a criminal records request from the federal bureau of investigation as part of the criminal records check of the person. Even if a person presents proof of having been a resident of this state for the five-year period, the division may request that the person obtain information through the superintendent from the federal bureau of investigation in the criminal records check.

(C) The division shall provide the following to each person who is subject to the criminal records check requirement:

(1) Information about accessing, completing, and forwarding to the superintendent of the bureau of criminal identification and investigation the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and the standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of that section;

(2) Written notification that the person is to instruct the superintendent to submit the completed report of the criminal records check directly to the division.

(D) Each person who is subject to the criminal records check requirement shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for the criminal records check conducted of the person.

(E) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:

(1) The person who is the subject of the criminal records check or the person's representative;

(2) The members and staff of the division;

(3) A court, hearing officer, or other necessary individual involved in a case dealing with either of the following:

(a) A license denial resulting from the criminal records check;

(b) A civil or criminal action regarding the cannabis control program or any violation of this chapter.

(F) The division shall deny a license if, after receiving the information and notification required by this section, a person subject to the criminal records check requirement fails to do either of the following:

(1) Access, complete, or forward to the superintendent of the bureau of criminal identification and investigation the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code or the standard impression sheet prescribed pursuant to division (C)(2) of that section;

(2) Instruct the superintendent to submit the completed report of the criminal records check directly to the division.

Last updated January 20, 2026 at 10:56 AM

Section 3796.13 | Employment.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) Each person seeking employment with a license holder shall comply with sections 4776.01 to 4776.04 of the Revised Code. Except as provided in division (B) of this section, such a license holder shall not employ the person unless the person has submitted a criminal records check under those sections and the report of the resulting criminal records check demonstrates that the person has not been convicted of or pleaded guilty to any of the disqualifying offenses.

(B)(1) Notwithstanding division (A) of this section, the division of cannabis control shall establish standards for provisional employment of individuals who have exigent circumstances.

(2) Such standards must include, at minimum, a requirement that the individual seeking provisional employment submit evidence of compliance with sections 4776.01 to 4776.04 of the Revised Code.

(3) A provisional employment authorization made under division (B) of this division is valid for not longer than three months, but may be renewed at the discretion of the division of cannabis control for an additional three months.

(4) The division of cannabis control may use all available resources in establishing standards for instant background checks.

Last updated January 20, 2026 at 10:57 AM

Section 3796.14 | Authority of department of commerce.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) The division of cannabis control may do any of the following for any reason specified in rules adopted under section 3796.03 of the Revised Code:

(1) Suspend, suspend without prior hearing, revoke, or refuse to renew a license or registration it issued under this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this amendment ;

(2) Refuse to issue a license;

(3) Impose on a license holder a civil penalty in an amount to be determined by the division.

(4) The division shall suspend a dispensary license without prior hearing only if it finds clear and convincing evidence that continued distribution of medical marijuana and adult-use marijuana by the license holder presents a danger of immediate and serious harm to others. The suspension shall remain in effect, unless lifted by the division, until the division issues its final adjudication order. If the division does not issue the order within ninety days after the adjudication hearing, the suspension shall be lifted on the ninety-first day following the hearing.

The division's actions under division (A) of this section shall be taken in accordance with Chapter 119. of the Revised Code.

(B) Subject to division (E) of this section, the division and the Ohio investigative unit may inspect all of the following for any reason specified in rules adopted under section 3796.03 of the Revised Code without prior notice to the applicant or license holder:

(1) The premises of a license holder or an applicant for licensure under this chapter;

(2) All records maintained pursuant to this chapter by a license holder.

(C) Whenever it appears to the division, from its files, upon complaint, or otherwise, or to the Ohio investigative unit, from an inspection or investigation authorized by this section, that any person or entity has engaged in, is engaged in, or is about to engage in any practice declared to be illegal or prohibited by this chapter or the rules adopted under this chapter, or when the division believes it to be in the best interest of the public, adult-use consumers, or medical marijuana patients, the division may do any of the following:

(1) Investigate the person or entity as authorized pursuant to this chapter or the rules adopted under this chapter;

(2) Issue subpoenas to any person or entity for the purpose of compelling either of the following:

(a) The attendance and testimony of witnesses;

(b) The production of books, accounts, papers, records, or documents.

(D) If a person or entity fails to comply with any order of the division or the unit or a subpoena issued by the division or the unit pursuant to this section, a judge of the court of common pleas of the county in which the person resides or the entity may be served, on application of the division or the unit, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience with respect to the requirements of a subpoena issued from such court or a refusal to testify in such court.

(E) The Ohio investigative unit shall not inspect or investigate the premises of any person under this section unless one or both of the following apply:

(1) The person inspected or investigated is a license holder and either or both of the following apply:

(a) The division of cannabis control requests the unit to inspect or investigate.

(b) The inspection or investigation involves alleged criminal activity.

(2) The unit is invited by local law enforcement having jurisdiction over the person inspected or investigated.

(F) Nothing in this section prohibits the Ohio investigative unit from investigating criminal activity related to this chapter outside the premises of a license holder's cultivation, processing, dispensing, or laboratory facilities. The authority of the Ohio investigative unit is concurrent to the jurisdiction of any law enforcement officer to enforce this chapter.

Last updated January 20, 2026 at 10:58 AM

Section 3796.15 | Enforcement.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) The division of cannabis control and the Ohio investigative unit shall enforce this chapter, or cause it to be enforced. Subject to division (E) of section 3796.14 of the Revised Code, if the division or the unit has information that this chapter or any rule adopted under this chapter has been violated, it shall investigate the matter and take any action as it considers appropriate.

(B) If the division suspends, revokes, or refuses to renew any license or registration issued under this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this amendment, and determines that there is clear and convincing evidence of a danger of immediate and serious harm to any person, the division may place under seal all medical marijuana, adult-use marijuana, and homegrown marijuana owned by or in the possession, custody, or control of the affected license holder or registrant. Except as provided in this division, the division of cannabis control shall not dispose of the medical marijuana, adult-use marijuana, or homegrown marijuana sealed under this division until the license holder or registrant exhausts all of the holder's or registrant's appeal rights under Chapter 119. of the Revised Code. The court involved in such an appeal may order the division, during the pendency of the appeal, to sell medical marijuana or adult-use marijuana that is perishable. The division shall deposit the proceeds of the sale with the court.

Last updated March 13, 2026 at 1:46 PM

Section 3796.16 | Reciprocity agreements.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A)(1) The division of cannabis control shall attempt in good faith to negotiate and enter into a reciprocity agreement with any other state under which a medical marijuana registry identification card or equivalent authorization that is issued by the other state is recognized in this state, if the division determines that both of the following apply:

(a) The eligibility requirements imposed by the other state for that authorization are substantially comparable to the eligibility requirements for a patient or caregiver registration and identification card issued under this chapter.

(b) The other state recognizes a patient or caregiver registration and identification card issued under this chapter.

(2) The division shall not negotiate any agreement with any other state under which an authorization issued by the other state is recognized in this state other than as provided in division (A)(1) of this section.

(B) If a reciprocity agreement is entered into in accordance with division (A) of this section, the authorization issued by the other state shall be recognized in this state, shall be accepted and valid in this state, and grants the patient or caregiver the same right to use, possess, obtain, or administer medical marijuana in this state as a patient or caregiver who was registered and issued an identification card under this chapter.

(C) The division may adopt any rules as necessary to implement this section.

Last updated January 20, 2026 at 10:59 AM

Section 3796.17 | Toll-free telephone line.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

The division of cannabis control shall establish a toll-free telephone line to respond to inquiries from adult-use consumers, medical marijuana patients, caregivers, and health professionals regarding adverse reactions to marijuana and to provide information about available services and assistance. The division may contract with a separate entity to establish and maintain the telephone line on behalf of the division.

Last updated January 20, 2026 at 11:00 AM

Section 3796.18 | Cultivator license.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A)(1) Notwithstanding any conflicting provision of the Revised Code and except as provided in division (B) of this section, a licensed cultivator, including the holder of a current, valid cultivator license issued under this chapter before the effective date of this amendment, may do all of the following:

(a) Cultivate medical marijuana and adult-use marijuana;

(b) Deliver, transfer, or sell medical marijuana and adult-use marijuana to other license holders;

(c) Purchase or otherwise obtain medical marijuana and adult-use marijuana from other license holders;

(d) Acquire seeds, clones, plants, and other genetic material.

(2) A licensed cultivator engaging in the activities authorized by this chapter shall do so respecting both medical marijuana and adult-use marijuana.

(B) A licensed cultivator shall not cultivate medical marijuana or adult-use marijuana for personal, family, or household use or on any public land, including a state park as defined in section 154.01 of the Revised Code.

(C) A licensed cultivator shall identify, package, and label all medical marijuana and adult-use marijuana products in accordance with this chapter and any rules adopted thereunder before delivering or selling the products to a licensed processor or licensed dispensary.

(D) The division of cannabis control shall issue the following types of cultivation licenses:

(1) A level I cultivator license that authorizes the license holder to operate a cultivation area specified by the division, not to exceed one hundred thousand square feet;

(2) A level II cultivator license that authorizes the license holder to operate a cultivation area specified by the division, not to exceed fifteen thousand square feet.

(E) A licensed cultivator may request and receive one or more expansions to the cultivator's cultivation area, subject to the approval of the division, so long as the resulting total cultivation area, including all expansions, does not exceed the applicable maximum cultivation area prescribed by division (D) of this section.

Last updated January 20, 2026 at 11:01 AM

Section 3796.19 | Processor license.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A)(1) Notwithstanding any conflicting provision of the Revised Code, a licensed processor, including the holder of a current, valid processor license issued under this chapter before the effective date of this amendment, may do all of the following:

(a) Purchase or otherwise obtain medical marijuana and adult-use marijuana from other license holders;

(b) Subject to division (B) of this section, process medical marijuana and adult-use marijuana into a form described in section 3796.06 of the Revised Code;

(c) Deliver, transfer, or sell processed medical marijuana and adult-use marijuana to other license holders.

(2) A licensed processor engaging in the activities authorized by this chapter shall do so respecting both medical marijuana and adult-use marijuana.

(B) A licensed processor shall do all of the following before delivering or selling medical marijuana or adult-use marijuana to a licensed dispensary:

(1) Package the medical marijuana or adult-use marijuana in accordance with child-resistant effectiveness standards described in 16 C.F.R. 1700.15(b) on September 8, 2016;

(2) Label the packaging with the product's tetrahydrocannabinol and cannabidiol content;

(3) Comply with any packaging or labeling requirements established in rules adopted by the division of marijuana control under sections 3796.03 and 3796.32 of the Revised Code.

Last updated January 20, 2026 at 11:02 AM

Section 3796.20 | Dispensary license.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A)(1) Notwithstanding any conflicting provision of the Revised Code, a licensed dispensary, including the holder of a current, valid retail dispensary license issued under this chapter before the effective date of this amendment, may do any of the following:

(a) Purchase or otherwise obtain medical marijuana and adult-use marijuana from other license holders;

(b) Dispense or sell medical marijuana in accordance with division (B) of this section;

(c) Dispense or sell adult-use marijuana in accordance with division (C) of this section;

(d) Sell paraphernalia that may be used in the administration of adult-use marijuana or medical marijuana as specified in rules adopted under section 3796.03 of the Revised Code;

(e) Provide delivery of medical marijuana in accordance with the rules adopted under section 3796.03 of the Revised Code;

(f) Deliver, transfer, or sell medical marijuana and adult-use marijuana to other license holders.

(2) A licensed dispensary engaged in the activities authorized by this chapter shall do so respecting both medical marijuana and adult-use marijuana.

(B) When dispensing or selling medical marijuana, a licensed dispensary shall do all of the following:

(1) Dispense or sell only upon a showing of a current, valid, government-issued identification card and in accordance with a written recommendation issued by a physician holding a certificate to recommend issued by the state medical board under section 4731.30 of the Revised Code;

(2) Report to the drug database the information required by section 4729.771 of the Revised Code;

(3) Label the package containing medical marijuana with the following information:

(a) The name and address of the licensed processor and retail dispensary;

(b) The name of the patient and caregiver, if any;

(c) The name of the physician who recommended treatment with medical marijuana;

(d) The directions for use, if any, as recommended by the physician;

(e) The date on which the medical marijuana was dispensed;

(f) The quantity, strength, kind, or form of medical marijuana contained in the package.

(4) Maintain an adequate supply of medical marijuana products to meet typical patient demand for those products.

(C) When dispensing or selling adult-use marijuana to consumers, all of the following apply:

(1) A licensed dispensary shall dispense or sell adult-use marijuana only to adult-use consumers who present a current, valid, government-issued identification card demonstrating proof that the adult-use consumer is twenty-one years of age or older.

(2) No licensed dispensary shall knowingly dispense or sell more than the amount of adult-use marijuana that may be legally possessed by an adult-use consumer under section 3796.221 of the Revised Code to the same adult-use consumer in the same day.

(3) A licensed dispensary shall ensure that the label of the package containing adult-use marijuana contains all of the following information, in accordance with rules adopted by the division of cannabis control:

(a) The name and address of the licensed processor and retail dispensary;

(b) A statement that the use of adult-use marijuana by individuals under twenty-one years of age is both harmful and illegal;

(c) The quantity, strength, kind, or form of adult-use marijuana contained in the package.

(D)(1) A licensed dispensary shall use only employees who have met the training requirements established in rules adopted under section 3796.03 of the Revised Code.

(2) A licensed dispensary shall not make public any information it collects that identifies or would tend to identify any specific medical marijuana patient or adult-use consumer.

(3) A licensed dispensary shall prominently display both of the following:

(a) A statement that the use of adult-use or homegrown marijuana by individuals under twenty-one years of age is both harmful and illegal;

(b) Information about the addictive qualities of marijuana and the potential negative health consequences associated with its use.

Last updated January 20, 2026 at 11:02 AM

Section 3796.21 | Rights of current laboratory license holders.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) Notwithstanding any conflicting provision of the Revised Code, a licensed laboratory, including the holder of a current, valid laboratory license issued under this chapter before the effective date of this amendment, shall do both of the following:

(1) Obtain medical marijuana and adult-use marijuana from one or more licensed cultivators, licensed processors, and licensed dispensaries;

(2) Conduct testing in the manner specified in rules adopted under section 3796.03 of the Revised Code.

(B) When testing medical marijuana or adult-use marijuana, a licensed laboratory shall do both of the following:

(1) Test for potency, homogeneity, and contamination;

(2) Prepare a report of the test results.

Last updated January 20, 2026 at 11:03 AM

Section 3796.22 | Rights of registered patient.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) Notwithstanding any conflicting provision of the Revised Code, a patient registered under this chapter who obtains medical marijuana from a licensed dispensary in accordance with this chapter may do all of the following:

(1) Use medical marijuana;

(2) Possess medical marijuana, subject to division (B) of this section;

(3) Possess any paraphernalia or accessories that may be used in the administration of medical marijuana, as specified in rules adopted under section 3796.03 of the Revised Code.

(B) The amount of medical marijuana possessed by a registered patient shall not exceed a ninety-day supply, as specified in rules adopted under section 3796.03 of the Revised Code.

(C) A registered patient shall not be subject to arrest or criminal prosecution for doing either of the following in accordance with this chapter:

(1) Obtaining, using, or possessing medical marijuana;

(2) Possessing any paraphernalia or accessories that may be used in the administration of medical marijuana, as specified in rules adopted under section 3796.03 of the Revised Code.

(D) This section does not authorize a registered patient to operate a vehicle, streetcar, trackless trolley, watercraft, or aircraft while under the influence of marijuana.

Last updated January 20, 2026 at 11:04 AM

Section 3796.221 | Rights of adult-use users.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) Notwithstanding any conflicting provision of the Revised Code, an adult-use consumer who obtains adult-use marijuana from a licensed dispensary may do all of the following:

(1) Use adult-use marijuana;

(2) Possess adult-use marijuana, subject to division (B) of this section;

(3) Possess any paraphernalia or accessories that may be used in the administration of adult-use marijuana as specified in rules adopted under section 3796.03 of the Revised Code;

(4) Transfer adult-use and homegrown marijuana to another adult-use consumer if all of the following apply:

(a) The transfer is without remuneration.

(b) The amount transferred to the same adult-use consumer in the same day does not exceed either of the following:

(i) Two and one-half ounces of plant material, excluding any seeds, live plants, or clones being cultivated, grown, or possessed in accordance with section 3796.04 of the Revised Code;

(ii) Fifteen grams of extract.

(c) The transfer occurs at privately owned real property that is used primarily for residential or agricultural purposes, including any dwellings, facilities, improvements, and appurtenances on such real property.

(B) No person shall knowingly possess more than the following cumulative amounts of homegrown marijuana and adult-use marijuana:

(1) Two and one-half ounces of plant material, excluding any seeds, live plants, or clones being cultivated, grown, or possessed in accordance with section 3796.04 of the Revised Code;

(2) Fifteen grams of extract.

(C) Except as expressly authorized under division (A)(4) of this section, no person other than a license holder shall knowingly give, sell, or transfer adult-use or homegrown marijuana to any other person, with or without remuneration.

(D) Subject to divisions (B) and (C) of this section, an adult-use consumer is not subject to arrest or criminal prosecution for engaging in any of the activities described in division (A) of this section.

(E) This section does not authorize an adult-use consumer to operate a vehicle, streetcar, trackless trolley, watercraft, or aircraft while under the influence of marijuana.

Last updated February 9, 2026 at 1:17 PM

Section 3796.23 | Rights of caregiver.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) Notwithstanding any conflicting provision of the Revised Code, a caregiver registered under this chapter who obtains medical marijuana from a licensed dispensary may do any of the following:

(1) Possess medical marijuana on behalf of a registered patient under the caregiver's care, subject to division (B) of this section;

(2) Assist a registered patient under the caregiver's care in the use or administration of medical marijuana;

(3) Possess any paraphernalia or accessories specified in rules adopted under section 3796.03 of the Revised Code.

(B) The amount of medical marijuana possessed by a registered caregiver on behalf of a registered patient shall not exceed a ninety-day supply, as specified in rules adopted under section 3796.03 of the Revised Code. If a caregiver provides care to more than one registered patient, the caregiver shall maintain separate inventories of medical marijuana for each patient.

(C) A registered caregiver shall not be subject to arrest or criminal prosecution for doing any of following in accordance with this chapter:

(1) Obtaining or possessing medical marijuana on behalf of a registered patient;

(2) Assisting a registered patient in the use or administration of medical marijuana;

(3) Possessing any paraphernalia or accessories specified in rules adopted under section 3796.03 of the Revised Code.

(D) This section does not permit a registered caregiver to personally use medical marijuana, unless the caregiver is also a registered patient.

Last updated January 14, 2026 at 10:23 AM

Section 3796.24 | Liability.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) The holder of a license, as defined in section 4776.01 of the Revised Code, is not subject to professional disciplinary action solely for engaging in professional or occupational activities related to medical marijuana.

(B) Unless there is clear and convincing evidence that a child is unsafe, the use, possession, or administration of medical marijuana in accordance with this chapter shall not be the sole or primary basis for any of the following:

(1) An adjudication under section 2151.28 of the Revised Code determining that a child is an abused, neglected, or dependent child;

(2) An allocation of parental rights and responsibilities under section 3109.04 of the Revised Code;

(3) A parenting time order under section 3109.051 or 3109.12 of the Revised Code.

(C) Notwithstanding any conflicting provision of the Revised Code, the use or possession of medical marijuana in accordance with this chapter shall not be used as a reason for disqualifying a patient from medical care or from including a patient on a transplant waiting list.

(D) Notwithstanding any conflicting provision of the Revised Code, the use, possession, administration, cultivation, processing, testing, or dispensing of medical marijuana in accordance with this chapter shall not be used as the sole or primary reason for taking action under any criminal or civil statute in the forfeiture or seizure of any property or asset.

(E) Notwithstanding any conflicting provision of the Revised Code, a person's status as a registered patient or caregiver is not a sufficient basis for conducting a field sobriety test on the person or for suspending the person's driver's license. To conduct any field sobriety test, a law enforcement officer must have an independent, factual basis giving reasonable suspicion that the person is operating a vehicle under the influence of marijuana or with a prohibited concentration of marijuana in the person's whole blood, blood serum, plasma, breath, or urine.

(F) Notwithstanding any conflicting provision of the Revised Code, a person's status as a registered patient or caregiver shall not be used as the sole or primary basis for rejecting the person as a tenant unless the rejection is required by federal law. This division does not prohibit a landlord from prohibiting either of the following, as long as such prohibition is included in the applicable lease agreement:

(1) Consumption of marijuana in a residential premises or common areas by smoking, combustion, or vaporization;

(2) Cultivation or growth of homegrown marijuana.

(G) Except for unemployment compensation benefits under Chapter 4141. of the Revised Code, including as prescribed under division (B) of section 3796.28 of the Revised Code, the use or possession of medical marijuana, adult-use marijuana, or homegrown marijuana in accordance with this chapter shall not be used as a reason for disqualifying an individual from a public benefit program administered by any state or local authority, or for otherwise denying an individual a public benefit administered by the state or any local government.

(H) This chapter does not do any of the following:

(1) Require a physician to recommend that a patient use medical marijuana to treat a qualifying medical condition;

(2) Permit the use, possession, or administration of medical marijuana, adult-use marijuana, or homegrown marijuana other than as authorized by this chapter;

(3) Permit the use, possession, or administration of medical marijuana, adult-use marijuana, or homegrown marijuana on federal land located in this state;

(4) Require any public place to accommodate a registered patient's use of medical marijuana or an adult-use consumer's use of adult-use marijuana or homegrown marijuana;

(5) Prohibit any public place from accommodating a registered patient's use of medical marijuana, except that no public place shall accommodate consumption of medical marijuana by smoking, combustion, or vaporization;

(6) Restrict research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.

(I) It is the public policy of this state that contracts related to license holders are enforceable.

Last updated January 14, 2026 at 10:24 AM

Section 3796.27 | Financial institutions.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) As used in this section:

(1) "Financial institution" means any of the following:

(a) Any bank, trust company, savings and loan association, savings bank, or credit union or any affiliate, agent, or employee of a bank, trust company, savings and loan association, savings bank, or credit union;

(b) Any money transmitter licensed under sections 1315.01 to 1315.18 of the Revised Code or any affiliate, agent, or employee of such a licensee.

(2) "Financial services" means services that a financial institution is authorized to provide under Title XI, sections 1315.01 to 1315.18, or Chapter 1733. of the Revised Code, as applicable.

(B) A financial institution that provides financial services to any license holder shall be exempt from any criminal law of this state an element of which may be proven by substantiating that a person provides financial services to a person who possesses, delivers, or manufactures marijuana or marijuana derived products, including section 2925.05 of the Revised Code and sections 2923.01 and 2923.03 of the Revised Code as those sections apply to violations of Chapter 2925. of the Revised Code, if the license holder is in compliance with this chapter and the applicable tax laws of this state.

(C)(1) Notwithstanding section 149.43 of the Revised Code or any other public records law to the contrary, upon the request of a financial institution, the division of marijuana control shall provide to the financial institution all of the following information:

(a) Whether a person with whom the financial institution is seeking to do business is a license holder;

(b) The name of any other business or individual affiliated with the person;

(c) An unredacted copy of the application for a license under this chapter or under Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this amendment, and any supporting documentation, that was submitted by the person;

(d) If applicable, information relating to sales and volume of product sold by the person;

(e) Whether the person is in compliance with this chapter;

(f) Any past or pending violation by the person of this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this amendment, and any penalty imposed on the person for such a violation.

(2) The division may charge a financial institution a reasonable fee to cover the administrative cost of providing the information.

(D) Information received by a financial institution under division (C) of this section is confidential. Except as otherwise permitted by other state law or federal law, a financial institution shall not make the information available to any person other than the customer to whom the information applies and any trustee, conservator, guardian, personal representative, or agent of that customer.

Last updated January 14, 2026 at 10:25 AM

Section 3796.28 | Rights of employer.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) Nothing in this chapter does any of the following:

(1) Requires an employer to permit or accommodate an employee's use, possession, or distribution of marijuana;

(2) Prohibits an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person's use, possession, or distribution of marijuana;

(3) Prohibits an employer from establishing and enforcing a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy;

(4) Interferes with any federal restrictions on employment, including the regulations adopted by the United States department of transportation in Title 49 of the Code of Federal Regulations, as amended;

(5) Permits a person to commence a cause of action against an employer for refusing to hire, discharging, disciplining, discriminating, retaliating, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment related to marijuana;

(6) Affects the authority of the administrator of workers' compensation to grant rebates or discounts on premium rates to employers that participate in a drug-free workplace program established in accordance with rules adopted by the administrator under Chapter 4123. of the Revised Code.

(B) A person who is discharged from employment because of that person's use of marijuana shall be considered to have been discharged for just cause for purposes of division (D) of section 4141.29 of the Revised Code and shall be ineligible to serve a waiting period or to be paid benefits for the duration of the individual's unemployment as described in division (D)(2) of that section if the person's use of marijuana was in violation of an employer's drug-free workplace policy, zero-tolerance policy, or other formal program or policy regulating the use of marijuana.

(C) It is not a violation of division (A), (D), or (E) of section 4112.02 of the Revised Code if an employer discharges, refuses to hire, or otherwise discriminates against a person because of that person's use of marijuana if the person's use of marijuana is in violation of the employer's drug-free workplace policy, zero-tolerance policy, or other formal program or policy regulating the use of marijuana.

Last updated January 14, 2026 at 10:25 AM

Section 3796.29 | Limitations on number of cultivators, processors, or retail dispensaries by localities.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) Except as otherwise provided in division (B) of this section, the legislative authority of a municipal corporation or a board of township trustees may adopt an ordinance or a resolution, to prohibit, or limit the number of, licensed cultivators, licensed processors, or licensed dispensaries within the municipal corporation or within the unincorporated territory of the township, respectively.

(B) The legislative authority of a municipal corporation or a board of township trustees shall not adopt or enforce an ordinance or a resolution that does any of the following:

(1) Prohibits or limits the operations of a license holder that received a provisional license or certificate of operation before the effective date of this amendment, except that a municipal corporation or township may enforce such an ordinance or such a resolution if it was adopted before the effective date of this amendment ;

(2) Prohibits or limits any activity authorized under this chapter, except as expressly permitted under division (A) of this section;

(3) Prohibits or limits research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.

Last updated January 14, 2026 at 10:26 AM

Section 3796.30 | Activities prohibited near schools, churches, libraries, playgrounds or parks.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) Except as provided in divisions (C) and (D) of this section, no licensed cultivator, licensed processor, licensed dispensary, or licensed laboratory shall be located within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park.

(B) If a request for relocation of a facility of a licensed cultivator, licensed processor, licensed dispensary, or licensed laboratory would result in the facility being located within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park, the division of cannabis control shall deny the request for relocation.

(C) This section does not require relocation or closure of a facility used by a licensed cultivator, licensed processor, licensed dispensary, or licensed laboratory, if that facility has a certificate of operation at the time a school, church, public library, public playground, or public park relocates, or is established, on a parcel of real estate, the boundaries of which are within five hundred feet of that operational facility.

(D) This section does not apply to research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.

Last updated January 14, 2026 at 10:27 AM

Section 3796.31 | Prohibition on local taxes, fees.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

Except as otherwise authorized in the Revised Code, no political subdivision shall do either of the following:

(A) Levy any tax or fee on license holders that is based on the license holder's businesses' gross receipts or that is the same as or similar to any tax or fee imposed by the state;

(B) Levy any tax, fee, or charge on license holders or license holders' property that is not generally charged on other businesses.

Last updated January 14, 2026 at 10:28 AM

Section 3796.32 | Advertisement and marketing.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) The division of cannabis control may adopt rules regulating the advertisement of adult-use marijuana and medical marijuana to prevent advertisements that are false, misleading, targeted to minors, attractive to minors, promote excessive use, promote illegal activity, are obscene or indecent, contain depictions of marijuana use, or promote marijuana as an intoxicant.

(B) Any rules the division adopts regulating the advertisement of adult-use marijuana shall be at least as stringent as the most stringent federal or state laws or rules governing the advertisement of tobacco or alcohol.

(C) The division may, at any time, conduct an audit of an applicant's or license holder's published advertisements to ensure that the applicant or license holder complies with this chapter and associated rules.

(D) Adult-use marijuana or medical marijuana shall not be packaged, advertised, or otherwise marketed using any graphic, picture, or drawing that bears any resemblance to a cartoon character, or any fictional character or popular culture figure whose target audience is children or youth.

(E) No person shall place or maintain, or caused to be placed or maintained, an advertisement that asserts or suggests that adult-use marijuana has any health or therapeutic benefits.

(F)(1) Subject to division (F)(2) of this section, no person shall place or maintain, or cause to be placed or maintained, an advertisement for medical or adult-use marijuana within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park.

(2) Division (F)(1) of this section does not apply to signage on the facility of a license holder.

(G)(1) No person shall advertise medical or adult-use marijuana using names, logos, signs, or materials that have not been submitted to, and approved by, the division in accordance with rules adopted under this section.

(2) The division shall either approve or deny such names, logos, signs, or materials within twenty-one business days after receiving the submission.

(3) If the division does not deny a submission within twenty-one business days, the submitted names, logos, signs, or materials shall be considered approved.

(H) If the division determines that a person has violated this section or any rule adopted in accordance with this section, the division may require the person to stop using the advertisement or proceed with any enforcement action it deems necessary or proper, as outlined in this chapter and associated rules.

Last updated February 9, 2026 at 1:17 PM

Section 3796.33 | Equivalent licenses.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) As used in this section, "equivalent license" means:

(1) In the case of an adult-use cultivator, a cultivator license of the same level issued under section 3796.09 of the Revised Code to engage in the activities authorized by section 3796.18 of the Revised Code;

(2) In the case of an adult-use processor, a processor license issued under section 3796.09 of the Revised Code to engage in the activities authorized by section 3796.19 of the Revised Code;

(3) In the case of an adult-use dispensary, a retail dispensary license issued under section 3796.10 of the Revised Code to engage in the activities authorized by section 3796.20 of the Revised Code;

(4) In the case of an adult-use testing laboratory, a laboratory license issued under section 3796.09 of the Revised Code to engage in the activities authorized by section 3796.21 of the Revised Code.

(B) A license issued under Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this section, shall be treated, for all purposes, as the equivalent license under this chapter.

(C) The holder of a license described in division (B) of this section is subject to all procedures, requirements, and penalties that apply to the holder of the equivalent license under this chapter.

(D) If a license described in division (B) of this section is held by the same person and used at the same location as an equivalent license under this chapter, the division of marijuana control shall merge the licenses and treat them as the same license for all purposes, including expiration and renewal.

Last updated February 9, 2026 at 1:18 PM

Section 3796.34 | [Former R.C. 3780.37, amended and renumbered by S.B. 56, 136th General Assembly, effective 3/20/2026] Drug misuse prevention, education, and public awareness.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) As used in this section, "nonprofit corporation" has the same meaning as in section 1702.01 of the Revised Code.

(B) The division of marijuana control shall contract with a statewide nonprofit corporation for the development and implementation of cannabis and related drug misuse prevention, education, and public awareness initiatives driven by data, evaluation, and research. The contract must include a provision specifying a percentage of the total funding for the initiatives, not less than ten per cent, to be raised by the statewide nonprofit corporation through private contributions.

(C) The initiatives may include all of the following:

(1) Providing evidence-based information on the potential health effects of cannabis and related drug use among minors;

(2) Disseminating educational resources regarding the risks associated with cannabis and related drug use during pregnancy;

(3) Conducting campaigns to inform the public about the dangers and legal consequences of driving under the influence of cannabis and related drugs;

(4) Collaborating with employers and industry groups to develop and distribute evidence-based resources to improve the health of Ohio's workforce and promote workplace safety and recovery initiatives focused on cannabis and related drug misuse.

(D) The division shall oversee and evaluate the effectiveness of the initiatives undertaken pursuant to this section and shall ensure that those initiatives align with the public health and safety objectives of this state.

(E) The division shall annually compile a report detailing activities, use of funds, and measurable outcomes resulting from the initiatives undertaken pursuant to this section. The division shall submit the report to the general assembly in accordance with section 101.68 of the Revised Code.

Last updated January 21, 2026 at 8:44 AM

Section 3796.40 | Excise tax on sale of adult-use marijuana.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A) Terms used in this section have the same meanings as in section 5739.01 of the Revised Code.

(B) For the purpose of funding the needs of the state and local governments that host adult-use marijuana dispensaries, an excise tax is levied on the retail sale of adult-use marijuana. The rate of the tax shall equal ten per cent of the price of adult-use marijuana and is in addition to taxes levied under Chapters 5739. and 5741. of the Revised Code.

(C) The tax shall be paid by the consumer to the vendor at the time of the sale, and the vendor shall report and remit the tax to the state in the same manner and at the same time the vendor reports and remits the tax levied under Chapter 5739. of the Revised Code. The return required by this division shall be filed on a form prescribed by the tax commissioner, which shall be separate from the return required to be filed under section 5739.12 of the Revised Code. The tax levied under this section shall be collected consistent with Chapters 5703. and 5739. of the Revised Code.

(D) For the same purpose as the tax levied under division (B) of this section, a tax is levied on a vendor that sells any marijuana other than adult-use marijuana or medical marijuana to a consumer. That tax equals ten per cent of the price of such marijuana, and the consumer and vendor are liable for any amounts, including tax, interest, and penalties, imposed under this section and chapter in the same manner as vendors subject to the tax imposed under division (B) of this section.

(E) All amounts collected from a tax levied under this section shall be deposited into the adult use tax fund, which is created in the state treasury.

From the adult use tax fund, the director of budget and management shall transfer as needed to the tax refund fund amounts equal to the refunds attributable to the tax levied under this section and certified by the tax commissioner.

(F) After making any transfers required under division (E) of this section, the director of budget and management shall transfer amounts remaining in the adult use tax fund as follows:

(1) Sixty-four per cent to the general revenue fund;

(2) Thirty-six per cent to the host community cannabis fund, which is created in the state treasury, for the benefit of municipal corporations or townships that have at least one licensed dispensary. Distributions to such municipal corporations and townships shall be based on the portion of the tax levied under division (B) of this section attributable to each municipal corporation or township. Municipal corporations and townships receiving funds under this division may use such funds for any lawful purpose.

The tax commissioner shall make distributions under this division by the end of each month based on tax collections from the preceding month.

(G) The tax commissioner may prescribe all forms and adopt all rules necessary to administer the tax authorized under this section.

Last updated February 3, 2026 at 1:07 PM

Section 3796.99 | Penalty.

• Effective: March 20, 2026
• Latest Legislation: Senate Bill 56 - 136th General Assembly

(A)(1) Whoever violates division (C)(2) of section 3796.06 of the Revised Code as an operator of the vehicle, streetcar, trackless trolley, watercraft, or aircraft is subject to section 1547.11, 4511.19, 4511.194, or 4561.15 of the Revised Code, as applicable.

(2) Whoever violates division (C)(2) of section 3796.06 of the Revised Code as a passenger of a vehicle, streetcar, trackless trolley, watercraft, or aircraft when the operator is operating or has physical control of the vehicle, streetcar, trackless trolley, watercraft, or aircraft is guilty of a misdemeanor of the third degree.

(B) Except as otherwise provided in division (A) of this section, whoever violates division (C)(2) or (3)(a), (b), or (d) of section 3796.06 of the Revised Code is guilty of a minor misdemeanor.

(C)(1)(a) Except as provided in division (C)(1)(b) of this section, whoever violates division (F) of section 3796.06 of the Revised Code is guilty of a misdemeanor of the first degree.

(b) An offender who has previously been convicted of, or pleaded guilty to, a violation of division (F) of section 3796.06 of the Revised Code, is guilty of a felony of the fifth degree.

(2) The division of cannabis control shall immediately revoke the license of any license holder under this chapter who is found guilty of, or who pleads guilty or no contest to, violating division (F) of section 3796.06 of the Revised Code.

(D) Whoever violates division (B) of section 3796.221 of the Revised Code is guilty of possession of marijuana under section 2925.11 of the Revised Code.

(E) Whoever violates division (C) of section 3796.04 of the Revised Code is guilty of illegal cultivation of marijuana under section 2925.04 of the Revised Code.

(F) Whoever violates division (I) of section 3796.09, division (I) of section 3796.10, division (C)(2) of section 3796.20, or division (C) of section 3796.221 of the Revised Code is guilty of trafficking in marijuana under section 2925.03 of the Revised Code.

(G)(1) Except as otherwise provided in divisions (G)(2) to (4) of this section, whoever violates division (G) of section 3796.06 of the Revised Code by knowingly showing or giving false information concerning the individual's name, age, or other identification for the purpose of purchasing or otherwise obtaining adult-use marijuana from an adult-use dispensary licensed under this chapter is guilty of a misdemeanor of the first degree.

(2) Except as otherwise provided in divisions (G)(3) and (4) of this section, whoever violates division (G) of section 3796.06 of the Revised Code by knowingly presenting to an adult-use dispensary licensed under this chapter a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, is guilty of a misdemeanor of the first degree and, notwithstanding division (A)(2) of section 2929.28 of the Revised Code, shall be fined not less than two hundred fifty dollars and not more than one thousand dollars.

(3)(a) Except as otherwise provided in division (G)(4) of this section, an offender who has previously been convicted of or pleaded guilty to a violation of division (G) of section 3796.06 of the Revised Code by knowingly presenting to an adult-use dispensary licensed under this chapter a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, is guilty of a misdemeanor of the first degree and, notwithstanding division (A)(2) of section 2929.28 of the Revised Code, shall be fined not less than five hundred dollars nor more than one thousand dollars.

(b)(i) The court also may impose a class seven suspension of the offender's driver's or commercial driver's license or permit, or nonresident operating privilege, from the range specified in division (A)(7) of section 4510.02 of the Revised Code.

(ii) The court, in lieu of suspending the offender's temporary instruction permit, probationary driver's license, or driver's license, instead may order the offender to perform a determinate number of hours of community service, with the court determining the actual number of hours and the nature of the community service the offender shall perform.

(4)(a) An offender who has previously been convicted of or pleaded guilty to two or more violations of division (G) of section 3796.06 of the Revised Code by knowingly presenting to an adult-use dispensary licensed under this chapter a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, is guilty of a misdemeanor of the first degree and, notwithstanding division (A)(2) of section 2929.28 of the Revised Code, shall be fined not less than five hundred dollars nor more than one thousand dollars.

(b)(i) The court also may impose a class six suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in division (A)(6) of section 4510.02 of the Revised Code, and the court may order that the suspension or denial remain in effect until the offender attains the age of twenty-one years.

(ii) The court, in lieu of suspending the offender's temporary instruction permit, probationary driver's license, or driver's license, instead may order the offender to perform a determinate number of hours of community service, with the court determining the actual number of hours and the nature of the community service the offender shall perform.

(5) The financial sanctions required by divisions (G)(2) to (4) of this section are in lieu of the financial sanctions described in division (A)(2) of section 2929.28 of the Revised Code but are in addition to any other sanctions or penalties that may apply to the offender, including other financial sanctions under that section or a jail term under section 2929.24 of the Revised Code.

(H)(1) Except as otherwise provided in division (H)(2) of this section, whoever violates division (G) of section 3796.06 of the Revised Code by knowingly soliciting another person to purchase adult-use marijuana from an adult-use dispensary licensed under this chapter is guilty of a misdemeanor of the fourth degree.

(2) An offender who has previously been convicted of or pleaded guilty to a violation of division (G) of section 3796.06 of the Revised Code by knowingly soliciting another individual to purchase adult-use marijuana from an adult-use dispensary licensed under this chapter is guilty of a misdemeanor of the second degree.

(I) Whoever violates division (A), (B), or (C) of section 3796.062 of the Revised Code is guilty of a minor misdemeanor.

(J) Whoever violates division (D) of section 3796.062 of the Revised Code is guilty of illegal use or possession of marijuana drug paraphernalia under section 2925.141 of the Revised Code.

Last updated January 23, 2026 at 8:59 AM