As noted in our March 27th blog, the State of Ohio has deemed medical marijuana dispensaries “essential businesses” and has permitted them to remain open to the public during the COVID-19 pandemic. As part of its efforts to improve patient access during a time when Ohioans find themselves subject to a shelter-in-place order, the Ohio Board of Pharmacy has issued a statement temporarily allowing dispensaries to conduct sales outside of the dispensary building. Examples of authorized sales include:
- delivery of a product in the parking lot of the dispensary;
- delivery to a person at the front entrance of a dispensary; or
- delivery to a person at a walk-up or drive-thru window of the dispensary.
The issued statement also includes a list of 13 rules that dispensaries must adhere to if they intend to sell medical marijuana outside the dispensary building. For example, the rules prohibit the delivery of medical marijuana to an offsite location, require the proper identification from consumers, and mandate that the transaction occur under the coverage of one of the required security cameras. The rules also prohibit the sale of any products after 7:00 PM.
With a practical approach, Chad provides compliance guidance and litigation defense on matters related to cannabis, advertising and marketing, teleservices, and other consumer protection issues.