3796:8-2-04. Quantity of medical marijuana that may be purchased by a patient or caregiver  


Latest version.
  • (A) A patient and a patient's caregiver(s) may collectively purchase no less than a whole day unit at a single time. A whole day unit shall equal the following amounts for each authorized form of medical marijuana:

    (1) One-tenth of an ounce (two and eighty-three hundredths grams) of plant material;

    (2) Two-hundred ninety-five milligrams of THC contained in a patch, lotion, cream, or ointment;

    (3) One hundred ten milligrams of THC contained in an oil, tincture, capsule, or edible for oral administration;

    (4) Five hundred ninety milligrams of THC contained in oil for vaporization.

    (B) A patient and the patient's caregiver(s) may collectively purchase, within a ninety-day period, no more than a ninety-day supply. A ninety-day supply may consist of multiple forms of medical marijuana, but the total ninety-day supply shall not exceed a ninety-day supply whether purchased as a single form or aggregated across forms. A ninety-day supply is defined by form as follows:

    (1) Plant material:

    (a) No more than eight ounces (two hundred twenty-six and eight-tenths grams) of tier I medical marijuana;

    (b) No more than five and three-tenths ounces (one hundred fifty and three-tenths grams) of tier II medical marijuana.

    (2) No more than twenty-six and fifty-five-hundredths grams of THC content in patches for transdermal administration or lotions, creams, or ointments for topical administration;

    (3) No more than nine and nine-tenths grams of THC content in oil, tincture, capsule, or edible form for oral administration;

    (4) No more than fifty-three and one-tenths grams of THC content in medical marijuana oil for vaporization.

    (C) Notwithstanding paragraphs (A) and (B) of this rule, a patient who is diagnosed with a terminal illness and the patient's caregiver(s) may collectively purchase, within a ninety-day period, no more than a ninety-day supply. A ninety-day supply may consist of multiple forms of medical marijuana, but the total ninety-day supply shall not exceed a ninety-day supply whether purchased as a single form or aggregated across forms. A ninety-day supply is defined by form as follows:

    (1) Plant material:

    (a) No more than ten ounces (two hundred eighty-three and five-tenths grams) of tier I medical marijuana;

    (b) No more than six and six-tenths ounces (one hundred eighty-seven and one-tenths grams) of tier II medical marijuana.

    (2) No more than thirty-three and three-tenths grams of THC content in patches for transdermal administration or lotions, creams, or ointments for topical administration;

    (3) No more than eleven and seven-tenths grams of THC content in oil, tincture, capsule, or edible form for oral administration;

    (4) No more than sixty-five and seven-tenths grams of THC content in medical marijuana oil for vaporization.


Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.04 , 3796.06, 3796.22, 3796.23