Ohio’s medical marijuana cultivators who have complied with rules and regulations can now request permission to expand their grow space, the Ohio Department of Commerce announced Wednesday.

The expansion process comes as the Buckeye State plans to more than double the number of its dispensaries after a cultivator, Fire Rock Ltd., sued the state for failing to act on its February 2020 request to expand.

“This decision comes after a review of multiple program metrics, including patient program participation and the Board of Pharmacy’s impending request for new dispensary license applications,” a Commerce Department spokesperson told the Cincinnati Enquirer.

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Fire Rock and several other small-scale growers, who are all capped at 3,000 square feet of grow space, had been requesting an expansion, arguing that they were consistently selling out of product while the state had already expanded the number of licensees beyond the initial 24. The commerce department sat on Fire Rock’s request, so the company sued.

The Ohio Supreme Court stepped in and ordered the agency to make a decision. The agency rejected the request, arguing that expansion was premature and that there was “a sufficient program-wide supply” of cannabis, which was not

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