As Ohio recreational and medical cannabis markets open to anyone over the age of 21 the City of Loveland still prohibits dispensaries
Loveland, Ohio – On November 7, 2023, a majority of Ohio voters approved Issue 2 to legalize the possession and use of marijuana by individuals aged 21 and over, and the sale of marijuana by state-licensed dispensaries. The bill also created the Division of Cannabis Control (DCC) within the Ohio Department of Commerce.
Under the provision an individual must be at least 21 years old to purchase, possess, grow, or use non-medical cannabis.
The Ohio Department of Commerce Division of Cannabis Control (DCC) issued its first set of dual-use Certificates of Operation (COO) to 98 eligible dispensaries across the state on Aug. 6.
Once an entity has received its certificates of operation, it is legally authorized to begin the sale of recreational (non-medical) cannabis in addition to medical cannabis. However, the issuance of COOs does not necessarily mean non-medical sales will begin immediately at every dispensary, as each licensee must determine when they will start sales based on factors including staffing, stock and other business considerations.
In order to receive a certificate, dispensaries must show they are able to properly process adult recreational use and medical sales since there’s a tax consideration. In addition, licensees must validate that their security systems meet legal requirements and agree they will ensure as much as possible inventory remains available for medical patients. They also must validate employee training and have implemented updated employee badging.
Recreational cannabis sales are subject to state and local sales tax. In addition, the initiated statute includes a 10% excise tax on non-medical marijuana purchases. The excise tax revenue will go toward a social equity and jobs program, mental health and addiction services, local governments, and the administrative costs of the Ohio Department of Taxation and the Division of Cannabis Control.
As reported by WHIO News Center, over $10 million in sales was generated in just the first few days, according to the Ohio Division of Cannabis Control. “The tax money made from the sales will be divided into four parts. One of the biggest portions goes to local government, where they can use that funding for anything they’re approved for.” 36 percent of the taxes received will go to local governments that have recreational dispensaries.
57% of Ohioans voted to legalize recreational marijuana in November but there has been nowhere to legally purchase it, until now. Ohio cannabis consumers no longer have to drive to Michigan or resort to the unregulated street market. The Ohio Department of Commerce Division of Cannabis Control gave 98 dispensaries the green light to start selling recreational marijuana by giving them their certificates of operation on August 6. Ten Columbus dispensaries, eight Cincinnati dispensaries, and five Cleveland dispensaries received their certificates of operation on Tuesday.
Dispensaries already selling medical marijuana were awarded the first round of licenses to customers without needing a medical marijuana card. Medical marijuana patients don’t have to pay the excise tax on the product.
When the proposed recreational marijuana law was heading to Ohio’s November, 2023 ballot, Hamilton County submitted the most valid signatures with 1,914. Next was Franklin County with 711 and Montgomery County with 626.
The Coalition to Regulate Marijuana like Alcohol’s statute also legalizes “home grow” for Ohioans 21 and up with a limit of six plants per person and 12 plants per residence.
Consumers are able to purchase cannabis in the forms and methods of administration available under the Medical Marijuana Control Program. This includes the following:
- Oral Administration: Oils, Tinctures, Capsules, Edibles, Sublinguals, Tablets
- Topical Administration: Lotions, Creams, Ointments
- Transdermal Administration: Patches
- Vaporization: Metered Oil or Solid, Plant Material
Although Ohioans are now legally able to grow marijuana, under current law there is no legal way to purchase plants or seeds until non-medical dispensaries are permitted to begin selling them.
The following forms of recreational (non-medical) cannabis may be sold at dispensaries: plant material and seeds, live plants, clones (a non-flowering plant cut from a mother plant), extracts, drops, lozenges, oils, tinctures, edibles, patches, smoking or combustible product, vaporization of product, beverages, pills, capsules, suppositories, oral pouches, oral strips, oral and topical sprays, salves, lotions or similar cosmetic products, and inhalers.
Prohibited in Loveland
After Ohio passed Bill 523 that allowed municipalities to adopt an ordinance prohibiting “the operation of marijuana dispensaries” Loveland declared an emergency and did just that. The emergency was for the “…immediate preservation of the health, safety, and morals of the City of Loveland and is necessary to assure adequate regulation are in place prior to the effective date” of Bill 523.
Loveland City Council, following a recommendation of the Planing and Zoning Commission, passed Section 1165.18 of the Code of Ordinances titled Marijuana Prohibition on December, 13, 2016. It states that, “Marijuana cultivators, processors and retail dispensaries shall be prohibited within all Zoning Districts” in the City.
1165.18 MARIJUANA PROHIBITION.
Marijuana cultivators, processors and retail dispensaries shall be prohibited within all Zoning Districts. (Ord. 2016-110. Passed 12-13-16.)
Permitted in Milford
At first, Milford did as Loveland did and prohibited dispensaries, but has since given a monopoly to only one company by signing a “Host Community Agreement” with Cascade Southern Ohio LLC on Sept 20, 2022. Cascade operates their dispensary at River’s Edge under the name, UpLift. Milford Council decided that there should be only one dispensary within their corporate limits.
Ohio Cannabis Dispensary Map
