Though the spread of COVID-19 has caused significant business restrictions across the country and state, the rapidly changing rules have had the opposite effect on some medical marijuana policies in Ohio.

Due to increased emphasis on limiting in-person interactions, various regulators in Ohio have relaxed some policies and restrictions related to the sale of medical marijuana.

Under Section 12(c) of Ohio’s Stay At Home Order (amended April 2, 2020), businesses associated with licensed medical marijuana use and sale are considered essential and, therefore, may remain open throughout this stay at home period. Like all essential businesses that have remained open in the state, medical marijuana businesses must demonstrate compliance with the various safety and sanitation practices outlined by the Department of Health. Medical marijuana facilities must also continue to adhere to additional guidelines specific to businesses that deal with that product. Though the state has temporarily relaxed some of the limitations surrounding medical marijuana, most of the strict regulation remains in effect.

What’s changed:

• Patients or caregivers may call in their order. The State Board of Pharmacy now permits a patient or caregiver to telephone a dispensary to place an order for medical marijuana. However, dispensaries must then follow a number of procedures in order to fill the order, including identity verification and labeling requirements.
• Increased number of caregivers. The Board of Pharmacy now allows a patient to have up to three registered caregivers and, additionally, allows a caregiver to be registered with up to three patients.  
• Caregivers may register online. In addition to registering through a patient’s recommending physician, caregivers may now register directly through the State Board of Pharmacy using an online application. However,  caregiver applicants must continue to meet various eligibility requirements in order to be approved.
• Telemedicine allowed. The State Medical Board has authorized physicians with a license to recommend the use of telemedicine in place of in-person visits in order to provide medical marijuana recommendations and renewals.
• Dispensary outside pickup allowed. Dispensaries may now distribute medical marijuana to patients or caregivers outside the dispensary so long as it is still on the dispensary property and follows a number of other restrictions.

What’s stayed the same:

• Delivery not allowed. All medical marijuana products must still be picked up at a licensed dispensary in person by a patient or caregiver. Online ordering and delivery are prohibited, at least for now.
• Supply is limited. Patients and caregivers are still limited to purchasing no more than a 90-day supply at one time.
• All other restrictions. Unless a state official or regulator has provided other guidance, all other medical marijuana restrictions and regulations remain in place and continue to control the production and sale of medical marijuana in the state. 

Medical marijuana business advocates are pushing for even greater relaxation of dispensary restrictions in order to further limit in-person interactions. Specifically, advocates are pushing to allow delivery of medical marijuana products similar to initiatives in other states.

As with everything COVID-related, policies and procedures surrounding medical marijuana under this changed environment are consistently adapting to new information and guidance from federal, state and local leaders. All cannabis businesses should stay informed and aware of changing guidelines.

We will continue to monitor and provide updates on Ohio’s response to COVID-19 and share information, as needed. Please visit our COVID-19 Resource Center, as well as our specific cannabis industry page. 

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