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Cultivators of medical marijuana face legal hurdles

The cultivation, sale and use of medical marijuana is increasingly becoming legal in states across the nation. This is good news for those who suffer from debilitating medical conditions, who may find their only source of relief is through the use of medical marijuana. However, issues can come up when state law and federal law clash.

Medical marijuana cultivators in Ohio are planting marijuana seeds, but they are doing so in part in stealth. This is because even in states like Ohio that have legalized medical marijuana, marijuana cultivation is still against the law on the federal level. Therefore, state-licensed marijuana growers are not disclosing where they will get the seeds to grow the plants, as they are technically breaking federal law by obtaining these seeds.

Other states in the nation are facing this same issue. Most of the time, state officials turn a blind eye to exactly where cultivators are obtaining seeds, and cultivators are obtaining seeds either on the black market in their state or from another state in the union. In Ohio specifically, the Ohio Revised Code does not state where cultivators are supposed to get their seeds. Instead, that is a "business decision" made by cultivators.

These clashes between federal law and state law with regards to medical marijuana can make the actual process of cultivating, selling and using medical marijuana difficult, even if it is in a state like Ohio that has legalized medical marijuana. Plus, even state law can be silent on certain topics affecting the cultivation and sale of medical marijuana. Therefore, cultivators and sellers of medical marijuana may want to seek legal guidance, so they can run their businesses in as lawful manner as is possible.

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The Patton Law Firm, LLC
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