Investigation Uncovers Universal Noncompliance with the Potency Limits Across Ohio Marijuana Dispensary Market
COLUMBUS, OH – A comprehensive compliance report filed in ongoing litigation in Ohio reveals a systemic, industry-wide failure of Ohio-licensed marijuana dispensaries to adhere to statutory THC potency limits. The investigation, conducted between April and May 2026, found that every single active dispensary in the state violated Ohio Revised Code § 3796.06(E), which caps the potency of cannabis extract products at 70% THC.
The report, prepared by Gravitas Investigations titled “Ohio Dispensary THC Compliance Investigation,” documents a multi-phase audit involving undercover in-person purchases, online menu reviews, and a final follow-up sweep of all 210 active Ohio dispensary locations. The findings indicate that nearly two months after the law took effect, non-compliance remains a “defining characteristic” of the industry.
The report was filed in the Court of Common Pleas in Butler County, Ohio, in Campbell Hill Ventures LLC et al. v. VIP Smoke and Connection Inc. et al., case number CV 2026-05-1139. A copy of the report is attached.
Key Findings of the Investigation:
● Universal Failure: 100% of the 210 dispensaries swept in Phase III were found to be advertising products exceeding the 70% THC limit.
● Extreme Potency: The average highest-potency product found across the state was 89.7% THC, nearly 20 percentage points above the legal cap.
● Vast Product Volume: Investigators identified 4,369 non-compliant product listings across just 30 audited locations.
● Systematic Misinformation: Dispensary staff at 25 of 26 locations providing feedback claimed the law “does not apply” to licensed dispensaries, a legally inaccurate characterization according to the report.
● Dominant Market Influence: The owners of the 30 locations audited in Phase I control 71.9% of the active licenses in Ohio, suggesting the documented violations represent the entire market.
“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.”
The investigation highlighted specific instances where products with THC levels as high as 94.8% were being sold or advertised. During undercover visits, investigators requested the “highest-potency” products available, and in every instance, staff facilitated the purchase of a non-compliant item.
Furthermore, the report notes that the follow-up sweep conducted seven weeks after the law’s effective date showed “zero improvement in compliance,” with dispensaries continuing to actively procure and promote high-potency inventory.
