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hb611_02_PH
As Passed by the House
136th
General Assembly
Regular
Session
Sub. H. B. No. 611
2025-2026
Representatives Callender, Stewart
Cosponsors: Representatives
Mathews, A., Odioso, Abdullahi, Abrams, Brennan, Brent, Bryant
Bailey, Cockley, Fischer, Glassburn, Grim, Isaacsohn, Lawson-Rowe,
Mohamed, Ray, Salvo, Sigrist, Sims, Synenberg, Tims, Williams, Willis
To
amend sections
3796.01
and 3796.21
and to enact section 3796.25
of the Revised Code
to
issue paired cultivator and dispensary licenses to certain medical
marijuana processors.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
3796.01
and 3796.21
be amended and section 3796.25
of the Revised Code be
enacted
to
read as follows:
Sec.
3796.01.
(A)
As used in this chapter:
(1)
"Marijuana" means marihuana as defined in section 3719.01
of the Revised Code.
(2)
"Medical marijuana" means marijuana that is cultivated,
processed, dispensed, tested, possessed, or used for a medical
purpose in accordance with this chapter. "Medical marijuana"
does not include adult-use marijuana or homegrown marijuana.
(3)
"Academic medical center" has the same meaning as in
section 4731.297 of the Revised Code.
(4)
"Drug database" means the database established and
maintained by the state board of pharmacy pursuant to section 4729.75
of the Revised Code.
(5)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.
(6)
"Qualifying medical condition" means any of the following:
(a)
Acquired immune deficiency syndrome;
(b)
Alzheimer's disease;
(c)
Amyotrophic lateral sclerosis;
(d)
Cancer;
(e)
Chronic traumatic encephalopathy;
(f)
Crohn's disease;
(g)
Epilepsy or another seizure disorder;
(h)
Fibromyalgia;
(i)
Glaucoma;
(j)
Hepatitis C;
(k)
Inflammatory bowel disease;
(l)
Multiple sclerosis;
(m)
Pain that is either of the following:
(i)
Chronic and severe;
(ii)
Intractable.
(n)
Parkinson's disease;
(o)
Positive status for HIV;
(p)
Post-traumatic stress disorder;
(q)
Sickle cell anemia;
(r)
Spinal cord disease or injury;
(s)
Tourette's syndrome;
(t)
Traumatic brain injury;
(u)
Ulcerative colitis;
(v)
Any other disease or condition added by the state medical board under
section 4731.302 of the Revised Code.
(7)
"State university" has the same meaning as in section
3345.011 of the Revised Code.
(8)
"Adult-use consumer" means an individual who is at least
twenty-one years of age.
(9)
"Adult-use marijuana" means marijuana that is cultivated,
processed, dispensed, or tested for, or possessed or used by, an
adult-use consumer, in accordance with this chapter. "Adult-use
marijuana" includes marijuana cultivated, processed, dispensed,
or tested for, or possessed or used by, an adult-use consumer before
the
effective date of this amendment
March
20, 2026,
in
accordance with Chapter 3780. of the Revised Code, as that chapter
existed immediately prior to
the
effective date of this amendment
March
20, 2026
.
"Adult-use marijuana" does not include medical marijuana or
homegrown marijuana.
(10)
"Church" has the meaning defined in section 1710.01 of the
Revised Code.
(11)
"Public library" means a library provided for under Chapter
3375. of the Revised Code.
(12)
"Public park" means a park established by the state or a
political subdivision of the state, including a county, township,
municipal corporation, or park district.
(13)
"Public playground" means a playground established by the
state or a political subdivision of the state, including a county,
township, municipal corporation, or park district.
(14)
"School" means a child care center as defined under section
5104.01 of the Revised Code, a preschool as defined under section
2950.034 of the Revised Code, or a public or nonpublic primary school
or secondary school.
(15)
"Public place" has the same meaning as in section 3794.01
of the Revised Code.
(16)
"Ohio investigative unit" means the investigative unit
maintained by the department of public safety under section 5502.13
of the Revised Code.
(17)
"Homegrown marijuana" means marijuana cultivated, grown,
processed, or possessed by an adult-use consumer in accordance with
section 3796.04 of the Revised Code. "Homegrown marijuana"
includes marijuana cultivated, grown, processed, or possessed before
the
effective date of this amendment
March
20, 2026,
under
former section 3780.28 of the Revised Code, as that section existed
immediately prior to
the
effective date of this amendment
March
20, 2026
.
"Homegrown marijuana" does not include medical marijuana or
adult-use marijuana.
(18)
"Provisional license" means a temporary license issued to
an applicant for a cultivator, processor, retail dispensary, or
laboratory license under this chapter or Chapter 3780. of the Revised
Code, as that chapter existed immediately before
the
effective date of this amendment
March
20, 2026
,
that establishes the conditions that must be met before the
provisional license holder may engage in the activities authorized by
section 3796.18, 3796.19, 3796.20, or 3796.21 of the Revised Code.
(19)
"Certificate of operation" means a certificate issued to
the holder of a provisional license that authorizes the recipient to
engage in the activities authorized by section 3796.18, 3796.19,
3796.20, or 3796.21 of the Revised Code.
(20)
"Licensed cultivator" means the holder of a current, valid
license issued pursuant to this chapter or Chapter 3780. of the
Revised Code, as that chapter existed immediately before
the
effective date of this amendment
March
20, 2026
,
to engage in the activities authorized by section 3796.18 of the
Revised Code.
(21)
"Licensed processor" means the holder of a current, valid
license issued pursuant to this chapter or Chapter 3780. of the
Revised Code, as that chapter existed immediately before
the
effective date of this amendment
March
20, 2026
,
to engage in the activities authorized by section 3796.19 of the
Revised Code.
(22)
"Licensed dispensary" means the holder of a current, valid
license issued pursuant to this chapter or Chapter 3780. of the
Revised Code, as that chapter existed immediately before
the
effective date of this amendment
March
20, 2026
,
to engage in the activities authorized by section 3796.20 of the
Revised Code.
(23)
"Licensed laboratory" means the holder of a current, valid
license issued pursuant to this chapter or Chapter 3780. of the
Revised Code, as that chapter existed immediately before
the
effective date of this amendment
March
20, 2026
,
to engage in the activities authorized by section 3796.21 of the
Revised Code.
(24)
"License holder" means the holder of a current, valid
license issued under this chapter or Chapter 3780. of the Revised
Code, as that chapter existed immediately before
the
effective date of this amendment;
March
20, 2026.
(25)
"Physical control" means being in the operator's position
of a vehicle, streetcar, trackless trolley, watercraft, or aircraft
and having possession of the vehicle's, streetcar's, trackless
trolley's, watercraft's, or aircraft's ignition key or other ignition
device.
(26)
"Licensed paired cultivator" means the holder of a current,
valid license issued pursuant to section 3796.25 of the Revised Code
to engage in activities authorized by that section.
(B)
As used in the Revised Code, the "division of marijuana control"
means the division of cannabis control and the "superintendent
of marijuana control" means the superintendent of cannabis
control. Whenever the division of marijuana control or the
superintendent of marijuana control is referred to or designated in
any statute, rule, contract, grant, or other document, the reference
or designation shall be deemed to refer to the division of cannabis
control or the superintendent of cannabis control, as indicated by
context.
(C)
Notwithstanding any conflicting provision of Chapter 3719. of the
Revised Code or the rules adopted under it, for purposes of this
chapter, marijuana is a schedule II controlled substance.
Sec.
3796.21.
(A)
Notwithstanding any conflicting provision of the Revised Code, a
licensed laboratory, including the holder of a current, valid
laboratory license issued under this chapter before
the
effective date of this amendment
March
20, 2026
,
shall do both of the following:
(1)
Obtain medical marijuana and adult-use marijuana from one or more
licensed cultivators, licensed processors,
and
licensed
dispensaries
,
and licensed paired cultivators
;
(2)
Conduct testing in the manner specified in rules adopted under
section 3796.03 of the Revised Code.
(B)
When testing medical marijuana or adult-use marijuana, a licensed
laboratory shall do both of the following:
(1)
Test for potency, homogeneity, and contamination;
(2)
Prepare a report of the test results.
Sec.
3796.25.
(A)
Not later than ninety days after the effective date of this section,
subject to division (B)(1) of section 3796.05 of the Revised Code,
the division of cannabis control shall issue the following licenses
to an applicant that meets all of the requirements described in
division (B) of this section:
(1)
One dispensary license, at a location designated in the application
for certificate of operation;
(2)
One paired cultivator license, at a location designated in the
application for certificate of operation.
(B)
Subject to division (C) of this section, the division of cannabis
control shall issue the licenses described in division (A) of this
section to an applicant that meets all of the following:
(1)
The applicant is a licensed processor that was issued a processor
license pursuant to this chapter on or before December 7, 2023.
(2)
The applicant has not and does not transfer the processor license or
control of processing operations at any point after December 7, 2023,
and before the date the respective license is issued under this
section.
(3)
The applicant does not have any common ownership or control with a
licensed cultivator.
(C)
Notwithstanding any contrary provision of the Revised Code, and
except as otherwise provided in division (D) of this section, the
holder of a current and valid paired cultivator license issued in
accordance with this section may do any of the following:
(1)
Cultivate adult-use marijuana and medical marijuana;
(2)
Distribute, transfer, and sell adult-use marijuana and medical
marijuana to other license holders;
(3)
Acquire seeds, clones, plants, and other genetic material.
(D)
A licensed paired cultivator shall not cultivate adult-use marijuana
or medical marijuana for personal, family, or household use under the
license.
(E)(1)
A licensed paired cultivator may operate a cultivation area specified
by the division not to exceed five thousand square feet.
(2)
A licensed paired cultivator may request and receive one or more
expansions to the licensed paired cultivator's cultivation area,
subject to the approval of the division, so long as the resulting
total cultivation area, including all expansions, does not exceed the
applicable maximum cultivation area prescribed by division (E)(1) of
this section.
Section
2.
That
existing sections
3796.01
and 3796.21 of the Revised Code are hereby repealed.