2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.12 | Criminal Records Check.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section, "criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(B)(1) As part of the application process for a license issued under this chapter, the division of marijuana control shall require each of the following to complete a criminal records check:
(a) An administrator or other person responsible for the daily operation of the entity seeking the license;
(b) An owner or prospective owner, officer or prospective officer, or board member or prospective board member of the entity seeking the license.
(2) If a person subject to the criminal records check requirement does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent of the bureau of criminal identification and investigation has requested information about the person from the federal bureau of investigation in a criminal records check, the division shall request that the person obtain through the superintendent a criminal records request from the federal bureau of investigation as part of the criminal records check of the person. Even if a person presents proof of having been a resident of this state for the five-year period, the division may request that the person obtain information through the superintendent from the federal bureau of investigation in the criminal records check.
(C) The division shall provide the following to each person who is subject to the criminal records check requirement:
(1) Information about accessing, completing, and forwarding to the superintendent of the bureau of criminal identification and investigation the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and the standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of that section;
(2) Written notification that the person is to instruct the superintendent to submit the completed report of the criminal records check directly to the division.
(D) Each person who is subject to the criminal records check requirement shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for the criminal records check conducted of the person.
(E) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The person who is the subject of the criminal records check or the person's representative;
(2) The members and staff of the division;
(3) A court, hearing officer, or other necessary individual involved in a case dealing with either of the following:
(a) A license denial resulting from the criminal records check;
(b) A civil or criminal action regarding the medical marijuana control program or any violation of this chapter.
(F) The division shall deny a license if, after receiving the information and notification required by this section, a person subject to the criminal records check requirement fails to do either of the following:
(1) Access, complete, or forward to the superintendent of the bureau of criminal identification and investigation the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code or the standard impression sheet prescribed pursuant to division (C)(2) of that section;
(2) Instruct the superintendent to submit the completed report of the criminal records check directly to the division.
Last updated August 1, 2023 at 12:07 PM