Yes. House Bill 523 mandates that medical marijuana growers in Ohio get growing licenses before being able to lawfully operate. The bill gives three state organizations the authority to oversee the Medical Marijuana Control Program in the state. Manufacturers, testing labs, and cultivators of medical cannabis are granted licenses by the Ohio Department of Commerce.
Growers of medical marijuana are forbidden under House Bill 523 from growing cannabis on any public property or within 500 feet of a public playground, park, school, childcare facility, or church. It is legal for licensed marijuana farmers to produce cannabis and sell it to other businesses in the state or deliver it to processors. However, they are prohibited from cultivating cannabis for personal use by House Bill 523’s restrictions. Furthermore, the Ohio Revised Code’s Title 37, Chapter 3796 permits the Department of Commerce to provide cannabis growing licenses in proportion to the number of eligible patients who apply for medical marijuana cards. When giving cultivator licenses, the Department also takes the entire population of Ohio into account.
Under the state’s Medical Marijuana Control Program, applicants are granted two types of cultivation permits by the Ohio Department of Commerce. These are the following:
However, growers that are ranked as level I or level II may apply to the Department of Commerce for an expansion, which would enable them to cultivate cannabis on a bigger plot of land. Licenses to cultivate medical marijuana are good for one year. As a result, license holders need to reapply every year.
With an Ohio medical cannabis processor license, the licensee can:
Three kinds of cannabis processing facilities are licensed by Ohio: vertically integrated processors, standalone processors, and plant-only processors.
Ohio allows the legal cultivation of medical marijuana, however, only those with a license are permitted to cultivate marijuana plants. To be eligible for an Ohio marijuana growing license, a candidate must be at least 21 years old. The Ohio Revised Code’s Section 4776.04 mandates that potential cannabis farm workers agree to criminal background checks. Before they may work in a marijuana cultivation facility, they must be at least 21 years old and get identity cards from the Department of Commerce. Additionally, it is against the law for convicted felons to operate on cannabis cultivation facilities in Ohio, as stated in Section 3796.13 of the Ohio Revised Code.
Ohio Department of Commerce is the place where prospective medical marijuana farmers in Ohio can submit licensing applications. The Ohio Administrative Code’s Chapter 3796:2-1 gives the Department the authority to set application deadlines. The dates and times that the Department will begin taking applications must be made public before. However, before the submission date, the Ohio Department of Commerce Director can change the application notice. A notice of application may also be canceled by the Director before the start of the appointed term.
Every application needs to adhere to Ohio Revised Code Chapter 3796’s rules. In general, applicants must send the following to the Ohio Department of Commerce to be considered for both level I and level II cultivator licenses:
Applicants must personally provide all necessary paperwork and application payments to the Ohio Department of Commerce’s Medical Marijuana Control Program at the following address, either in person or through a representative:
Ohio Department of Commerce
Vern Riffe Center
77 South High Street, 23rd Floor
Columbus, OH 43215
Depending on the type of application, the applicant will receive a provisional level I or level II license after their licensing application is granted. After paying the relevant cost to the Department of Commerce, they can receive their certificate of operation. Before packing and delivering cannabis plants to state-licensed dispensaries, marijuana growers are required to secure plant-only processing permits. Generally, all cultivators are notified by the Department of the application procedures for plant-only processor licenses.
The Ohio Administrative Code’s Rule 3796:5-1-01 states that the price of getting a medical marijuana cultivation license in Ohio varies based on the kind of license. The cost ramifications are:
The prospective licensee must pay the following amount when the Department of Commerce approves their licensing application to receive their certificate of operation:
The following costs are required of license holders for their yearly renewal:
For level I and level II growing operations, the Department of Commerce issues employee identification cards for marijuana cultivation, for which there is a $100 cost. There is a $100 non-refundable fee associated with each employee identity card renewal, which is mandatory every two years.
The following extra payments, which vary based on the kind of cultivator license, must be paid by medical marijuana growers with plant-only processing licenses:
Those who apply for level I cultivator licenses are prohibited from applying for level II licenses by Ohio Administrative Code Rule 3796:2-1-02. In the same way, one cannot apply for a level I license after applying for a level II license. Licensees for cannabis production are also prohibited from holding licenses for cannabis laboratory testing, as stated in Ohio Revised Code Section 3796.09. Additionally, they are not allowed to invest in companies that run cannabis testing laboratories.
Ohio allows cannabis cultivators to apply for cultivator licenses. So, if you are thinking of operating a cannabis business in Ohio, you have to apply for the license first.
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