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Oklahoma court addresses the regulation of medical marijuana

As many in Ohio can attest, the implementation of laws and regulations regarding the manufacturing, processing and sale of medical marijuana has not always run smoothly. For example, Ohio had issues with the licensure of medical marijuana dispensaries in the state. Other states in the nation that have legalized medical marijuana are also facing legal issues in implementing these laws.

Oklahoma has legalized medical marijuana, but regulating the industry is not without its issues. One city in Oklahoma attempted to enact an ordinance creating zoning restrictions for medical marijuana businesses in the city as well as implementing fees for operating medical marijuana businesses in the city. However, the city has had to suspend its ordinance following a court ruling.

In the ruling, the court determined that these types of ordinances cannot be enacted by municipalities in Oklahoma. This is because regulations on medical marijuana businesses can only be imposed by the state Medical Marijuana Authority. Effectively, in this manner state law pre-empts city ordinances.

Ohio has different agencies that oversee various aspects of the medical marijuana industry, including cultivating medical marijuana, dispensing medical marijuana and prescribing medical marijuana. It is important that all codes and regulations at any level of government are adhered to. If a medical marijuana business fails to comply with applicable laws and regulations, it could stop them from operating in the state. Therefore, those wishing to establish a medical marijuana business in Ohio should make sure they understand what is required of them under the law before proceeding.

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