NOTE: Any first-degree misdemeanor offense 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.
It's important to know the requirements for ownerships of a cannabis business in Ohio, so that you can put together a team of owners who qualify for licensing. Having a team member who does not qualify for licensing could cause denial of licensure and delays in your license application.
Ohio Revised Code
(16) “Disqualifying offense” means:
(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.
(A) Whoever violates sections 3715.13 to 3715.19, or 3715.38 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 3715.22, 3715.25, 3715.27, or 3715.34 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(C) Whoever violates section 3715.23 or 3715.36 of the Revised Code is guilty of a misdemeanor of the second degree.
(D) Whoever violates section 3715.52 or 3715.65 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense; on each subsequent offense, the person is guilty of a misdemeanor of the second degree.
(E) Whoever violates section 3715.521 of the Revised Code is guilty of a minor misdemeanor. A violation of that section occurs on a daily basis, not according to the number of times per day that an expired drug, baby food, or infant formula is sold, offered for sale, or delivered at retail or to the consumer. Each day of violation is a separate offense.
