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Ohio Medical Marijuana: 'Racial Quota' for Grow Licenses Ruled Unconstitutional

The state awarded two of the available 12 medical marijuana cultivator licenses to businesses headed by minorities even though they scored lower than other applicants.

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COLUMBUS – A central Ohio court ruled the state's "racial quota" for awarding medical marijuana business licenses is unconstitutional.

The ruling could prompt the state to award another provisional medical marijuana grow license to the plaintiff in the case, Greenleaf Gardens LLC, bringing the total to 14 large-scale growers and 13 small-scale growers. And it could also apply to other parts of the program.

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Ohio law requires 15 percent of all licenses to grow, process, test and sell medical marijuana be awarded to businesses owned by a racial minority. The Ohio Department of Commerce last year awarded two of the available 12 medical marijuana cultivator licenses to businesses headed by minorities even though they scored lower than other applicants.

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