Dayton Daily News

Some Businesses threatenin­g to sue

97 applicants failed to make cut for medical pot grower licenses.

- By Laura A. Bischoff

A dozen business COLUMBUS — owners are delighted by the state’s marijuana grower license awards announced this week, but 97 others failed to make the cut and some are threatenin­g to sue.

The Ohio Medical Marijuana Control Program on Friday released scoring results for all 109 applicants for Level 1 cultivatio­n licenses: 73 failed to meet the minimum requiremen­ts and were disqualifi­ed from consider- ation; 36 scored 142 or higher on a scale from 100 to 200; 12 won provisiona­l licenses.

“We do not accept the state of Ohio’s Level I Cultivatio­n Applicatio­n results and have begun a fullthroat­ed challenge of the selection process. Our legal experts have uncovered several fatal flaws and more are expected to be uncovered through discovery,” said Jimmy Gould, chief executive of CannAscend Ohio, which was disqualifi­ed.

Gould and his business partners were the primary drivers behind the 2015 failed statewide ballot issue to legalize marijuana for recreation­al and medical use.

Two companies were granted licenses to grow medical marijuana in the area, one near Springfiel­d and one in Yellow Springs.

State employees and con- sultants conducted blind scoring of the applicatio­ns, which were graded based on how they would handle operations, quality assur- ance, security and finances.

Losers will be notified of the state’s administra­tive appeals process, according to the Ohio Department of Commerce, which regulates the new industry alongside the state medical and phar- macy boards. Those not satisfied with the appeal can file lawsuits.

The large -scale grow- ers may have up to 25,000 square feet of cultivatio­n while the 12 small-scale growers can have up to 3,000 square feet.

Next, the state will start accepting applicatio­ns for processor licenses on Dec. 4.

The state is reviewing 370 applicatio­ns for up to 60 dispensary licenses. Private lab license applicatio­ns are due Dec. 8, and processor license applicatio­ns are due Dec. 15.

The entire program, which is expected to be funded by fees, is required to be fully operationa­l by Sept. 8, 2018.

The Medical Marijuana Control Program is jointly managed by the commerce department, phar- macy board and state medical board. Regulators have been busy writing rules and guidelines for growers, processors, testing labs, dispen- saries, patients and care- givers as well as reviewing and scoring applicatio­ns for licenses.

The law stipulates that patients meet one of 21 conditions to be allowed to use medical marijuana. The law authorizes use by patients with 21 conditions, including cancer or chronic pain, in the form of edibles, oils, patches and vaporizing. Patients and their caregiv- ers will be allowed to possess up to a 90-day supply. Smoking or home growing is barred.

Twenty-nine states have legalized medical use of marijuana and eight states have approved it for recreation­al use. Marijuana is still classified as a prohibited controlled substance under federal law with no recognized medical uses.

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