Canton, MI asked in Cannabis & Marijuana Law, Business Formation and Business Law for Ohio

Q: Is it legally possible to start a cannabis delivery service with food in Ohio?

I am interested in starting a business in Ohio that involves an Uber-style app offering cannabis delivery with pizza and dessert. I want to know if it is legally possible to do this, especially with heavy ID verification. Additionally, if direct ordering from dispensaries isn't allowed, can cannabis be offered as a gift, purchased by the driver for delivery? Are there legal loopholes that would enable this kind of business? What are Ohio's specific legal requirements for cannabis delivery and transportation when combined with food items? If I were to offer novelty items like a joint or a small amount no more than 5 grams, what steps could I take to make this operation legal?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Ohio, starting a cannabis delivery service combined with food is highly regulated and presents legal challenges. The sale and delivery of cannabis are restricted to licensed dispensaries, and they are the only entities legally permitted to handle cannabis delivery. Any business offering cannabis delivery would need to be part of the state’s medical marijuana program, which requires specific licensing for both dispensaries and delivery services.

Offering cannabis as a gift or having a driver purchase it and deliver it would likely violate state laws, as these actions would bypass the proper channels of legal cannabis distribution. There are no legal loopholes that would allow this type of business to operate without fully complying with Ohio’s medical marijuana regulations.

To make your business idea legal, you would need to work within Ohio’s established cannabis regulations. This could involve partnering with a licensed dispensary or becoming a licensed cannabis delivery service yourself. It's crucial to consult with legal experts to ensure your business complies with both cannabis and food service laws.

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