Ohio voters officially sanctioned a ballot initiative on November 7, 2023, legalizing adult-use cannabis throughout the state, making Ohio the 24th state to approve recreational marijuana.

To oversee the adult-use program, a new Division of Cannabis Control will be established within the Department of Commerce. This division is anticipated to introduce fresh regulations and requirements for participation in the Ohio regulated cannabis industry. In the interim, the market is expected to adhere to the existing medical market requirements in the state.

There are several levels of licensure for cannabis workers in Ohio, two of them variants of a “key employee.”

Associated Key Employee (AKE):

“An owner or prospective owner, officer or board member or prospective board member of the entity seeking a dispensary license.”

Key Employee (KE):

“An administrator or other person responsible for the daily operation of a licensed dispensary.”

Support Employee (SE):

“An employee who works within a dispensary but does not have authority to make operational decisions.” Ohio Medical Marijuana Control Program, Dispensary Employee Licensing FAQ

Requirements:

• 21 years of age or older
• Submission of the dispensary license application
• A 2” x 2” head and shoulder photograph captured within the previous six months
• Name and license number of the dispensary employing the applicant
• Name, license number, and signature of the designated representative for the dispensary employing the applicant (only applicable for Support Employee license)
• Copy of government-issued ID
• Applicant’s full residential address
• A sworn, notarized statement that the applicant has not been convicted of a disqualifying offense in any jurisdiction
• Applicant’s social security number
• Fingerprint and background check
• Required fee of $100 for dispensary support employees, $250 for dispensary key employees, and $500 for dispensary-associated key employees

Prospective dispensary employees must submit fingerprint impressions to the Bureau of Criminal Identification and Investigation (BCI&I) and FBI for a criminal records check.

A “disqualifying offense” includes:

(a) A conviction or plea of guilty, including conspiracy to commit, attempt to commit, or aiding and abetting another in committing, the following:

(i) Any offense set forth in chapters 2925, 3719, or 4729 of the Revised Code, the violation of which constitutes a felony or misdemeanor of the first degree;

(ii) Any theft offense set forth under division (K) in section 2913.01 of the Revised Code, the violation of which constitutes a felony;

(iii)Any violation for which a penalty was imposed under section 3715.99 of the Revised Code;

(iv)A crime of moral turpitude as defined in section 4776.10 of the Revised Code; or

(v) A violation of any former law of this state, any existing or former law of another state, any existing or former law applicable in a military court or Indian tribal court, or any existing or former law of any nation other than the United Sates that is or was substantially equivalent to any of the offenses listed in paragraphs (i) through (iv).

(b) Any first degree misdemeanor offense listed in paragraphs (a)(i) through (v) will not automatically disqualify an applicant from licensure if the applicant was convicted of or pleaded guilty to the offense more than five years before the date the application for licensure is filed.

** (c) Notwithstanding divisions (a) or (b) of this section, no misdemeanor offense, including misdemeanors of the first degree, related to marijuana possession, marijuana trafficking, illegal cultivation of marijuana, illegal use or possession of drug paraphernalia or marijuana drug paraphernalia, or other marijuana related crimes shall be considered a disqualifying offense. **

• Ohio Medical Marijuana Control Program