Skip to Main Content

Marijuana Law: Ohio and Federal: Ohio Medical Marijuana Laws

Introduction

The Ohio Legislature passed Ohio HB 523 on September 8, 2016. The law legalized medical marijuana.

Book

Ohio Cannabis Law Conference by Ohio State Bar Association
Call Number: KFO 376 .B66
Publication Date: 2019

Proposed Legislation

SB 9 (2023)
Would increase the number of medical marijuana dispenseries

Ohio Revised Code

Oh. Rev. Code Sec. 2925.11(H)
It is an affirmative defense to a charge of possession of marijuana under this section if the person obtained the marijuana under the medical marijuana program.
Oh. Rev. Code Sec. 2925.11
Possession of controlled substances Will be effective 10/3/23
Oh. Rev. Code Chapter 3796
Ohio's Medical Marijuana Control Program
Oh. Rev. Code Sec. 4729.771
Medical marijuana dispensaries
Oh. Rev. Code Sec. 4731.30
A physician seeking to recommend treatment with medical marijuana shall apply to the state medical board for a certificate to recommend. (Doctors cannot write prescriptions for marijuana due to federal laws).
Oh. Rev. Code Sec. 4731.301
Adoption of rules regarding certificate to recommend.
Oh. Rev. Code Sec. 4731.302
Requests for disease or condition to be added as qualifying medical condition for medical marijuana treatment.

Ohio Administrative Code

Oh. Admin. Code Ch. 3796:2
Medical Marijuana Cultivators
Oh. Admin. Code Ch. 3796:3
Processors
Oh. Admin. Code Ch. 3796:4
Testing Laboratories
Oh. Admin. Code Ch. 3796:5
General Provisions
Oh. Admin. Code Ch. 3796:6
Medical Marijuana Dispensaries
Oh. Admin. Code Ch. 3796:7
Patients and Caregivers
Oh. Admin. Code Ch. 3796:8
Forms and Methods of Administration

Proposed Rules

Proposed Rules
2/24 - If approved, will allow medical marijuana dispensaries to sell recreational marijuana. Public comments due 2/27/24.

Ohio Rules of Professional Conduct

Oh. Rule of Professional Conduct 1.2(d)(2)
A lawyer may counsel or assist a client regarding conduct expressly permitted under Sub. H.B. 523 authorizing the use of marijuana for medical purposes and any state statutes, rules, orders, or other provisions implementing the act. In these circumstances, the lawyer shall advise the client regarding related federal law.

Links

AN ANALYSIS OF MEDICAL CANNABIS ACCESS IN THE UNITED STATES
2022 Report by Americans for Safe Access
Irritable bowel syndrome added to list of qualifying condition for medical marijuana
Oh. Capital Journal 6/17/23. Autism is not included.
Ohio medical marijuana: With product oversupply, industry balks at proposal to increase grow space
Cleveland.com 6/6/23
Ohio to more than double number of medical marijuana dispensaries. See where they are
Cincinnati Enquirer 5/16/22