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  • Attention Ohio Laboratories! Act Fast For Involvement in Medical Marijuana Program

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The Ohio Medical Marijuana Control Program (the “OMMCP”) is scheduled to accept new testing laboratory license applications beginning the week of August 3, 2020. Currently, only three laboratories are licensed in the state to test medical marijuana products before they hit the shelves for consumers, so this represents a good opportunity for laboratories which may have had past desires to get involved in the program. On its testing laboratories webpage, the OMMCP posted two documents to assist potential applicants in understanding the key attributes of the application:

  1. Testing Laboratory Provisional License Application
  2. Review Process and Evaluation Criteria

Additionally, potential applicants may submit questions regarding the application materials using instructions listed on the testing laboratories webpage. All questions must be submitted by July 31, 2020. The OMMCP will then publish the frequently asked questions and provide answers to potential applicants. For more information, visit the OMMCP’s testing laboratories webpage. The Ohio Department of Commerce licenses and regulates medical marijuana testing laboratories. Testing laboratories include both universities and private labs. There is no limit to the number of testing lab licenses that may be awarded by the Department. The following is a list of the current laboratory licensees under the OMMCP: 

Licensee
Location
Licensee Type
Issuance Date
North Coast Testing Laboratories LLC
Streetsboro
Testing Laboratory
12/20/2018
Hocking Technical College
Nelsonville
Testing Laboratory
1/8/2019
ACT Laboratories, Inc.
Toledo
Testing Laboratory
2/19/2019

Some laboratories interested in the OMMCP may still be hesitant to get involved given that marijuana remains illegal under federal law. However, federal law enforcement actions against licensees involved with a state medical marijuana program have been extremely rare, and it does not appear there are reasons to believe that will change. Frost Brown Todd’s Health Care Innovation Team has specific experience advising laboratories, physicians, and other OMMCP licensees and would be happy to counsel any laboratories thinking about applying for a license under the program. We have successfully counseled other successful licensees on the substance of their applications in the past.

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