Ohio Dispensaries Found Selling Products Above THC Potency Limit
An investigation filed in an Ohio lawsuit found that all 210 active marijuana dispensaries surveyed in the state advertised cannabis extract products above the state’s 70% THC potency limit.
Gravitas Investigations conducted the investigation between April and May 2026. The report, titled “Ohio Dispensary THC Compliance Investigation,” included undercover purchases, online menu reviews and a final review of all 210 active dispensary locations.
Ohio Revised Code § 3796.06(E) limits the potency of cannabis extract products to 70% THC. According to the report, investigators found dispensaries advertising products that exceeded the limit nearly two months after the law took effect.
During the investigation’s third phase, investigators reviewed all 210 active dispensary locations and found that each location advertised at least one product exceeding the 70% limit.
The investigation also identified 4,369 product listings that exceeded the limit across 30 locations reviewed during the first phase. The average highest-potency product identified at the audited locations contained 89.7% THC. Investigators found products with THC concentrations as high as 94.8%.
Investigators also questioned dispensary employees about the potency restrictions. At 25 of 26 locations that provided feedback, employees said the law did not apply to licensed dispensaries. The report characterized that interpretation as inaccurate.
The 30 locations examined during the first phase were operated by owners that collectively controlled 71.9% of Ohio’s active dispensary licenses, according to the report.
“The results across all three phases are consistent and unambiguous,” the report states. “Ohio dispensaries are operating in systematic, industry-wide non-compliance with the statutory THC potency limit.”
During undercover visits, investigators asked for the highest-potency products available. The report states that employees at each location facilitated the purchase of a product that exceeded the statutory limit.
The investigation also included a follow-up sweep conducted seven weeks after the law took effect. According to the report, investigators found no improvement in compliance and continued to find dispensaries advertising and selling products above the potency limit.
The report was filed in the Butler County Court of Common Pleas in Campbell Hill Ventures LLC et al. v. VIP Smoke and Connection Inc. et al., case number CV 2026-05-1139.
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