Dutchie does not provide compliance advice. Merchants are responsible for their own compliance. External Dutchie compliance documentation may be updated from time to time and has been prepared for informational purposes only, is not intended to provide, and should not be relied on for, tax, legal or compliance advice. Merchants should consult their own tax, legal and compliance advisors to determine how best to operate within the cannabis industry.
In Ohio, cannabis is regulated by the Division of Cannabis control. Medical and Recreational sales are allowed based on the license type of the dispensary.
The Division of Cannabis Control requires that all inventory actions and sales be reported to the state Traceability system, METRC, in real time. Additionally, Ohio requires that all patient sales be reported to the stateโs Prescription Management Program (PMP) system, and that the PMP system be used to validate a patientโs current cannabis allotment for a given period of time.
In the summer of 2024, Recreational Consumers will be able to purchase โUp to 10 dayโs supply unitsโ of cannabis per day. This is equal to One Ounce of cannabis flower, or 5 grams of concentrate. Final regulations will be promulgated in September of 2024 that are projected to allow the purchase of up to 2.5 ounces of cannabis, and 15 grams of concentrate.Dispensaries in Ohio may sell a patient up to a 90 day supply of cannabis. Days supply is determined by the patientโs physician. A dispensary employee may dispense any portion of a patientโs ninety day supply, and may dispense any remaining portion of a patientโs ninety day supply, except that no patient shall receive more than a ninety day supply in a ninety day time period.
Medical cannabis sales are subject to normal state sales tax (5.75%) as well as any locally imposed taxes (up to 2.25%) Recreational Cannabis purchases are subject to an additional 10% excise ta
Cannabis delivery is not permitted in the state of Ohio at this time. The DCC reserves the right to promulgate delivery rules beginning in September 2024.
Ohio is currently in the process of implementing an Adult Use marketplace framework. At this time authority of the Ohio cannabis program has been moved from the Ohio Board of Pharmacy, to the Division of Cannabis Control, under the Department of Commerce.โ
A temporary ruleset will govern the period between Dual Use licensing in the summer of 2024, and the final rule set which will be effective in September 2024.โ
Ohio Medical Marijuana Control Program
All applications (except for ROD and ROND licensees) must be accompanied by a non-refundable application fee of $1,000. Additional license fees are imposed prior to the issuance of a final license. If the applicant qualifies as a social and economic equity applicant, then a 50% reduction, waiver, or deferred fee will apply. Other reductions, waivers, or fee deferrals may be approved by the Board for those demonstrating sufficient need.ย
Application review for the AUCC, AUCP, and CAURD applications takes approximately 4 to 8 weeks, per the Office. After the Office reviews and processes your application, if it meets the requirements, it will then be presented to the Board for final approval. Applicants may only begin adult-use cannabis activities upon final license approval from the Board.ย
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For the non-conditional adult-use application round opening on October 4, OCM has indicated that it would begin reviewing those retail and microbusiness applications with site control as early as November 3, with no set timeline for ultimate license issuance.
The short answer is that there are no caps on total number of licenses in the Cannabis Law. Weโve seen hundreds of AUCP and AUCC licenses issued to date. For CAURD licenses, whereas the Board initially only planned to issue 150 total licenses, they then agreed to double that number to 300, and then exceeded that number thereafter.ย
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That being said, the Board and the Office may limit the total number of applications in a few different material ways. For instance, they may limit licenses by location or authorized regions (as they have done in the CAURD application round), size of operation or output, or other operating conditions, dependent on issues related to sustainability, public health and safety, and social and economic factors.ย
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For the application round opening on OCtober 3, OCM has indicated that it intends on issuing more than 1,000 total licenses, estimated to be broken down as follows:
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Given that New York has now held three (3) distinct adult-use application rounds (AUCC, AUCP, and CAURD), it should be noted that those three (3) applications were notably consistent. The applications are hosted on the New York Business Express website, which is largely user friendly, though subject to crashes on high volume days (such as the final date for submission of the CAURD applications).ย
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The proposed adult-use regulations identify similar areas of information for the forthcoming license opportunities, including:ย
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For the application period opening on October 3, the Office will initially review:
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As it relates to final licensure, the Office will assess, among other things:
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