Ohio Code 3796.23 – Rights of caregiver
(A) Notwithstanding any conflicting provision of the Revised Code, a caregiver registered under this chapter who obtains medical marijuana from a retail dispensary licensed under this chapter may do both of the following:
Terms Used In Ohio Code 3796.23
- Arrest: Taking physical custody of a person by lawful authority.
- Marijuana: means marihuana as defined in section 3719. See Ohio Code 3796.01
- Medical marijuana: means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose. See Ohio Code 3796.01
(1) Possess medical marijuana on behalf of a registered patient under the caregiver’s care, subject to division (B) of this section;
(2) Assist a registered patient under the caregiver’s care in the use or administration of medical marijuana;
(3) Possess any paraphernalia or accessories specified in rules adopted under section 3796.03 of the Revised Code.
(B) The amount of medical marijuana possessed by a registered caregiver on behalf of a registered patient shall not exceed a ninety-day supply, as specified in rules adopted under section 3796.03 of the Revised Code. If a caregiver provides care to more than one registered patient, the caregiver shall maintain separate inventories of medical marijuana for each patient.
(C) A registered caregiver shall not be subject to arrest or criminal prosecution for doing any of following in accordance with this chapter:
(1) Obtaining or possessing medical marijuana on behalf of a registered patient;
(2) Assisting a registered patient in the use or administration of medical marijuana;
(3) Possessing any paraphernalia or accessories specified in rules adopted under section 3796.03 of the Revised Code.
(D) This section does not permit a registered caregiver to personally use medical marijuana, unless the caregiver is also a registered patient.
Last updated July 31, 2023 at 4:59 PM