New rules regulating the Ohio Medical Marijuana Control Program became effective on September 8th. These recently finalized rules can be found in Ohio Administrative Code (“OAC”) Sections 3796:3, 4, 6, 7, 8 (http://codes.ohio.gov/oac/). These new sections provide guidance on the system for the processing and distribution of medical marijuana in the State in advance of the licensing process for those respective activities, much in the same way as the rules for cultivators were released earlier in the year (those rules became effective on May 6th). Additionally, some of these new rules have significant import for health practitioners and dispensaries alike, such as OAC 3796:8, which governs the methodology and amount of administration of medical marijuana to patients. Ultimately, these rules, which had been in deliberation for some time, illustrate the State’s attempt to balance the novelty of the Program with the demands of a complex regulatory system.
Part in parcel with the release of the rules relating to distribution, and the eventual start of the licensing process, is the continued updating of local regulations for medical marijuana related activities. As previously noted in this blog, the City of Cincinnati (the “City”) passed a stop-gap notwithstanding ordinance to allow for the necessary zoning variances for cultivators to submit their applications. However, the City has yet to take a more permanent approach with its zoning code as it relates to distribution and processing of medical marijuana. Now that these rules are final, it is reasonable to expect the City, and other Ohio municipalities, to take a closer look at their zoning codes as the application period for dispensaries and processers approaches.
Should you have any questions or need assistance, please contact us.
Possession and distribution of marijuana for any purpose is illegal under federal law. KMK can only advise clients regarding compliance with Ohio state law on medical cannabis, specifically, Sub H.B. 523 of the 131st General Assembly.
KMK Legal Alerts and Blog Posts are intended to bring attention to developments in the law and are not intended as legal advice for any particular client or any particular situation. Please consult with counsel of your choice regarding any specific questions you may have.
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