HB 611

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  1
  section 3796.25 of the Revised Code to issue  2
  paired cultivator and dispensary licenses to  3
  certain medical marijuana processors.  4
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 3796.01 and 3796.21 be amended  5
and section 3796.25 of the Revised Code be enacted to read as  6
follows:  7
     Sec. 3796.01. (A) As used in this chapter:  8
     (1) "Marijuana" means marihuana as defined in section  9
3719.01 of the Revised Code.  10
     (2) "Medical marijuana" means marijuana that is  11
cultivated, processed, dispensed, tested, possessed, or used for  12
a medical purpose in accordance with this chapter. "Medical  13
marijuana" does not include adult-use marijuana or homegrown  14
marijuana.  15
     (3) "Academic medical center" has the same meaning as in  16
section 4731.297 of the Revised Code.  17
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       (4) "Drug database" means the database established and  18
maintained by the state board of pharmacy pursuant to section  19
4729.75 of the Revised Code.  20
       (5) "Physician" means an individual authorized under  21
Chapter 4731. of the Revised Code to practice medicine and  22
surgery or osteopathic medicine and surgery.  23
       (6) "Qualifying medical condition" means any of the  24
following:  25
       (a) Acquired immune deficiency syndrome;  26
       (b) Alzheimer's disease;  27
       (c) Amyotrophic lateral sclerosis;  28
       (d) Cancer;  29
       (e) Chronic traumatic encephalopathy;  30
       (f) Crohn's disease;  31
       (g) Epilepsy or another seizure disorder;  32
       (h) Fibromyalgia;  33
       (i) Glaucoma;  34
       (j) Hepatitis C;  35
       (k) Inflammatory bowel disease;  36
       (l) Multiple sclerosis;  37
       (m) Pain that is either of the following:  38
       (i) Chronic and severe;  39
       (ii) Intractable.  40
       (n) Parkinson's disease;  41
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       (o) Positive status for HIV;  42
       (p) Post-traumatic stress disorder;  43
       (q) Sickle cell anemia;  44
       (r) Spinal cord disease or injury;  45
       (s) Tourette's syndrome;  46
       (t) Traumatic brain injury;  47
       (u) Ulcerative colitis;  48
       (v) Any other disease or condition added by the state  49
medical board under section 4731.302 of the Revised Code.  50
       (7) "State university" has the same meaning as in section  51
3345.011 of the Revised Code.  52
       (8) "Adult-use consumer" means an individual who is at  53
least twenty-one years of age.  54
       (9) "Adult-use marijuana" means marijuana that is  55
cultivated, processed, dispensed, or tested for, or possessed or  56
used by, an adult-use consumer, in accordance with this chapter.  57
"Adult-use marijuana" includes marijuana cultivated, processed,  58
dispensed, or tested for, or possessed or used by, an adult-use  59
consumer before the effective date of this amendment March 20,  60
2026, in accordance with Chapter 3780. of the Revised Code, as  61
that chapter existed immediately prior to the effective date of  62
this amendmentMarch 20, 2026. "Adult-use marijuana" does not  63
include medical marijuana or homegrown marijuana.  64
       (10) "Church" has the meaning defined in section 1710.01  65
of the Revised Code.  66
       (11) "Public library" means a library provided for under  67
Chapter 3375. of the Revised Code.  68
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       (12) "Public park" means a park established by the state  69
or a political subdivision of the state, including a county,  70
township, municipal corporation, or park district.  71
       (13) "Public playground" means a playground established by  72
the state or a political subdivision of the state, including a  73
county, township, municipal corporation, or park district.  74
       (14) "School" means a child care center as defined under  75
section 5104.01 of the Revised Code, a preschool as defined  76
under section 2950.034 of the Revised Code, or a public or  77
nonpublic primary school or secondary school.  78
       (15) "Public place" has the same meaning as in section  79
3794.01 of the Revised Code.  80
       (16) "Ohio investigative unit" means the investigative  81
unit maintained by the department of public safety under section  82
5502.13 of the Revised Code.  83
       (17) "Homegrown marijuana" means marijuana cultivated,  84
grown, processed, or possessed by an adult-use consumer in  85
accordance with section 3796.04 of the Revised Code. "Homegrown  86
marijuana" includes marijuana cultivated, grown, processed, or  87
possessed before the effective date of this amendment March 20,  88
2026, under former section 3780.28 of the Revised Code, as that  89
section existed immediately prior to the effective date of this  90
amendmentMarch 20, 2026. "Homegrown marijuana" does not include  91
medical marijuana or adult-use marijuana.  92
       (18) "Provisional license" means a temporary license  93
issued to an applicant for a cultivator, processor, retail  94
dispensary, or laboratory license under this chapter or Chapter  95
3780. of the Revised Code, as that chapter existed immediately  96
before the effective date of this amendmentMarch 20, 2026, that  97
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establishes the conditions that must be met before the  98
provisional license holder may engage in the activities  99
authorized by section 3796.18, 3796.19, 3796.20, or 3796.21 of  100
the Revised Code.  101
        (19) "Certificate of operation" means a certificate issued  102
to the holder of a provisional license that authorizes the  103
recipient to engage in the activities authorized by section  104
3796.18, 3796.19, 3796.20, or 3796.21 of the Revised Code.  105
        (20) "Licensed cultivator" means the holder of a current,  106
valid license issued pursuant to this chapter or Chapter 3780.  107
of the Revised Code, as that chapter existed immediately before  108
the effective date of this amendmentMarch 20, 2026, to engage in  109
the activities authorized by section 3796.18 of the Revised  110
Code.  111
        (21) "Licensed processor" means the holder of a current,  112
valid license issued pursuant to this chapter or Chapter 3780.  113
of the Revised Code, as that chapter existed immediately before  114
the effective date of this amendmentMarch 20, 2026, to engage in  115
the activities authorized by section 3796.19 of the Revised  116
Code.  117
        (22) "Licensed dispensary" means the holder of a current,  118
valid license issued pursuant to this chapter or Chapter 3780.  119
of the Revised Code, as that chapter existed immediately before  120
the effective date of this amendmentMarch 20, 2026, to engage in  121
the activities authorized by section 3796.20 of the Revised  122
Code.  123
        (23) "Licensed laboratory" means the holder of a current,  124
valid license issued pursuant to this chapter or Chapter 3780.  125
of the Revised Code, as that chapter existed immediately before  126
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the effective date of this amendmentMarch 20, 2026, to engage in  127
the activities authorized by section 3796.21 of the Revised  128
Code.  129
        (24) "License holder" means the holder of a current, valid  130
license issued under this chapter or Chapter 3780. of the  131
Revised Code, as that chapter existed immediately before the  132
effective date of this amendment;March 20, 2026.  133
        (25) "Physical control" means being in the operator's  134
position of a vehicle, streetcar, trackless trolley, watercraft,  135
or aircraft and having possession of the vehicle's, streetcar's,  136
trackless trolley's, watercraft's, or aircraft's ignition key or  137
other ignition device.  138
        (26) "Licensed paired cultivator" means the holder of a  139
current, valid license issued pursuant to section 3796.25 of the  140
Revised Code to engage in activities authorized by that section.  141
        (B) As used in the Revised Code, the "division of  142
marijuana control" means the division of cannabis control and  143
the "superintendent of marijuana control" means the  144
superintendent of cannabis control. Whenever the division of  145
marijuana control or the superintendent of marijuana control is  146
referred to or designated in any statute, rule, contract, grant,  147
or other document, the reference or designation shall be deemed  148
to refer to the division of cannabis control or the  149
superintendent of cannabis control, as indicated by context.  150
        (C) Notwithstanding any conflicting provision of Chapter  151
3719. of the Revised Code or the rules adopted under it, for  152
purposes of this chapter, marijuana is a schedule II controlled  153
substance.  154
        Sec. 3796.21. (A) Notwithstanding any conflicting  155
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provision of the Revised Code, a licensed laboratory, including  156
the holder of a current, valid laboratory license issued under  157
this chapter before the effective date of this amendmentMarch  158
20, 2026, shall do both of the following:  159
       (1) Obtain medical marijuana and adult-use marijuana from  160
one or more licensed cultivators, licensed processors, and  161
licensed dispensaries, and licensed paired cultivators;  162
       (2) Conduct testing in the manner specified in rules  163
adopted under section 3796.03 of the Revised Code.  164
       (B) When testing medical marijuana or adult-use marijuana,  165
a licensed laboratory shall do both of the following:  166
       (1) Test for potency, homogeneity, and contamination;  167
       (2) Prepare a report of the test results.  168
       Sec. 3796.25. (A) Not later than ninety days after the  169
effective date of this section, subject to division (B)(1) of  170
section 3796.05 of the Revised Code, the division of cannabis  171
control shall issue the following licenses to an applicant that  172
meets all of the requirements described in division (B) of this  173
section:  174
       (1) One dispensary license, at a location designated in  175
the application for certificate of operation;  176
       (2) One paired cultivator license, at a location  177
designated in the application for certificate of operation.  178
       (B) Subject to division (C) of this section, the division  179
of cannabis control shall issue the licenses described in  180
division (A) of this section to an applicant that meets all of  181
the following:  182
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       (1) The applicant is a licensed processor that was issued  183
a processor license pursuant to this chapter on or before  184
December 7, 2023.  185
       (2) The applicant has not and does not transfer the  186
processor license or control of processing operations at any  187
point after December 7, 2023, and before the date the respective  188
license is issued under this section.  189
       (3) The applicant does not have any common ownership or  190
control with a licensed cultivator.  191
       (C) Notwithstanding any contrary provision of the Revised  192
Code, and except as otherwise provided in division (D) of this  193
section, the holder of a current and valid paired cultivator  194
license issued in accordance with this section may do any of the  195
following:  196
       (1) Cultivate adult-use marijuana and medical marijuana;  197
       (2) Distribute, transfer, and sell adult-use marijuana and  198
medical marijuana to other license holders;  199
       (3) Acquire seeds, clones, plants, and other genetic  200
material.  201
       (D) A licensed paired cultivator shall not cultivate  202
adult-use marijuana or medical marijuana for personal, family,  203
or household use under the license.  204
       (E)(1) A licensed paired cultivator may operate a  205
cultivation area specified by the division not to exceed five  206
thousand square feet.  207
       (2) A licensed paired cultivator may request and receive  208
one or more expansions to the licensed paired cultivator's  209
cultivation area, subject to the approval of the division, so  210
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long as the resulting total cultivation area, including all  211
expansions, does not exceed the applicable maximum cultivation  212
area prescribed by division (E)(1) of this section.  213
       Section 2. That existing sections 3796.01 and 3796.21 of  214
the Revised Code are hereby repealed.  215