reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3792 | Vaccines › Section 3792.04 | Public Schools and State Institutions of Higher Education - Prohibition Against Mandatory Vaccinations and Discrimination.

Effective:
October 13, 2021
Latest Legislation:
House Bill 244 - 134th General Assembly
(A) As used in this section:
(1) "Public school" means any of the following: a city, local, exempted village, or joint vocational school district; community school established under Chapter 3314. of the Revised Code; STEM school established under Chapter 3326. of the Revised Code; or college-preparatory boarding school established under Chapter 3328. of the Revised Code.
(2) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
(B) Notwithstanding any conflicting provision of the Revised Code, a public school or state institution of higher education shall not do either of the following:
(1) Require an individual to receive a vaccine for which the United States food and drug administration has not granted full approval;
(2) Discriminate against an individual who has not received a vaccine described in division (B)(1) of this section, including by requiring the individual to engage in or refrain from engaging in activities or precautions that differ from the activities or precautions of an individual who has received such a vaccine.
(C) This section does not apply to a hospital or other health care facility that is owned or operated by, or affiliated with, a state institution of higher education.
Last updated July 15, 2021 at 5:04 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3794 | Smoking Ban › Section 3794.02 | Smoking Prohibitions.

Effective:
December 7, 2006
Latest Legislation:
ENACTEDBYINITIATIVEPETITION-ISSUE5 - 126th General Assembly
Smoking Prohibitions.
(A) No proprietor of a public place or place of employment, except as permitted in section 3794.03 of this chapter, shall permit smoking in the public place or place of employment or in the areas directly or indirectly under the control of the proprietor immediately adjacent to locations of ingress or egress to the public place or place of employment.
(B) A proprietor of a public place or place of employment shall ensure that tobacco smoke does not enter any area in which smoking is prohibited under this chapter through entrances, windows, ventilation systems, or other means.
(C) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an individual for exercising any right, including reporting a violation, or performing any obligation under this chapter.
(D) No person shall refuse to immediately discontinue smoking in a public place, place of employment, or establishment, facility or outdoor area declared nonsmoking under section 3794.05 of this chapter when requested to do so by the proprietor or any employee of an employer of the public place, place of employment or establishment, facility or outdoor area.
(E) Lack of intent to violate a provision of this chapter shall not be a defense to a violation.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3794 | Smoking Ban › Section 3794.04 | Construction; Other Applicable Laws.

Effective:
December 7, 2006
Latest Legislation:
ENACTEDBYINITIATIVEPETITION-ISSUE5 - 126th General Assembly
Construction; other applicable laws.
Because medical studies have conclusively shown that exposure to secondhand smoke from tobacco causes illness and disease, including lung cancer, heart disease, and respiratory illness, smoking in the workplace is a statewide concern and, therefore, it is in the best interests of public health that smoking of tobacco products be prohibited in public places and places of employment and that there be a uniform statewide minimum standard to protect workers and the public from the health hazards associated with exposure to secondhand smoke from tobacco.
The provisions of this chapter shall be liberally construed so as to further its purposes of protecting public health and the health of employees and shall prevail over any less restrictive state or local laws or regulations. Nothing in this chapter shall be construed to permit smoking where it is otherwise restricted by other laws or regulations.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3794 | Smoking Ban › Section 3794.05 | Declaration of Establishment as Nonsmoking.

Effective:
December 7, 2006
Latest Legislation:
ENACTEDBYINITIATIVEPETITION-ISSUE5 - 126th General Assembly
Declaration of establishment as nonsmoking.
Notwithstanding any other provision of this chapter, the owner, manager, operator, or other person in charge or control of an establishment, facility, or outdoor area which does not otherwise qualify as a public place or place of employment may declare such establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place declared nonsmoking under this section where a sign conforming to the requirements of section 3794.06 is posted.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3794 | Smoking Ban › Section 3794.06 | Posting of Signs; Prohibition of Ashtrays; Responsibilities of Proprietors.

Effective:
December 7, 2006
Latest Legislation:
ENACTEDBYINITIATIVEPETITION-ISSUE5 - 126th General Assembly
Posting of signs; prohibition of ashtrays; responsibilities of proprietors.
In addition to the prohibitions contained in section 3794.02 of this chapter, the proprietor of a public place or place of employment shall comply with the following requirements:
(A) "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be conspicuously posted in every public place and place of employment where smoking is prohibited by this chapter, including at each entrance to the public place or place of employment. Signs shall be of sufficient size to be clearly legible to a person of normal vision throughout the areas they are intended to mark. All signs shall contain a telephone number for reporting violations.
(B) All ashtrays and other receptacles used for disposing of smoking materials shall be removed from any area where smoking is prohibited by this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3794 | Smoking Ban › Section 3794.08 | Smoke Free Indoor Air Fund.

Effective:
December 7, 2006
Latest Legislation:
ENACTEDBYINITIATIVEPETITION-ISSUE5 - 126th General Assembly
Smoke Free Indoor Air Fund.
There is hereby created in the state treasury the smoke free indoor air fund. All fines collected pursuant to this chapter and any grant, contribution, or other moneys received by the department of health for the purposes of this chapter shall be credited to the smoke free indoor air fund and used solely for the purposes of this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3794 | Smoking Ban › Section 3794.09 | Enforcement; Penalties.

Effective:
September 29, 2023
Latest Legislation:
Senate Bill 21, House Bill 33 - 135th General Assembly
Enforcement; Penalties.
(A) Upon the receipt of a first report that a proprietor of a public place or place of employment or an individual has violated any provision of this chapter, the department of health or its designee shall investigate the report and, if it concludes that there was a violation, issue a warning letter to the proprietor or individual.
(B) Upon a report of a second or subsequent violation of any provision of this chapter by a proprietor of a public place or place of employment or an individual, the department of health or its designee shall investigate the report. If the director of health or director's designee concludes, based on all of the information before the director or the director's designee, that there was a violation, the director or the director's designee shall impose a civil fine upon the proprietor or individual in accordance with the schedule of fines required to be promulgated under section 3794.07 of the Revised Code.
(C) Any proprietor or individual against whom a finding of a violation is made under this chapter may appeal the finding in accordance with section 119.12 of the Revised Code.
(D) The director of health may institute an action in the court of common pleas seeking an order in equity against a proprietor or individual that has repeatedly violated the provisions of this chapter or fails to comply with its provisions.
Last updated August 7, 2023 at 2:37 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3795 | Assisted Suicide › Section 3795.01 | Assisted Suicide Definitions.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
As used in sections 3795.01, 3795.02, and 3795.03 of the Revised Code:
(A) "Assist suicide" or "assisting suicide" means knowingly doing either of the following, with the purpose of helping another person to commit or attempt suicide:
(1) Providing the physical means by which the person commits or attempts to commit suicide;
(2) Participating in a physical act by which the person commits or attempts to commit suicide.
(B) "Certified nurse practitioner," "certified nurse-midwife," and "clinical nurse specialist" have the same meanings as in section 4723.01 of the Revised Code.
(C) "CPR" has the same meaning as in section 2133.21 of the Revised Code.
(D) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat a person's physical or mental condition.
(E) "Health care decision" means informed consent, refusal to give informed consent, or withdrawal of informed consent to health care.
(F) "Health care facility" means any of the following:
(1) A hospital;
(2) A hospice care program or pediatric respite care program as defined in section 3712.01 of the Revised Code;
(3) A nursing home;
(4) A home health agency;
(5) An intermediate care facility for individuals with intellectual disabilities.
(G) "Health care personnel" means physicians, nurses, physician assistants, emergency medical technicians-basic, emergency medical technicians-intermediate, emergency medical technicians-paramedic, medical technicians, dietitians, other authorized persons acting under the direction of an attending physician, and administrators of health care facilities.
(H) "Physician" means a person who is authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3795 | Assisted Suicide › Section 3795.02 | Declaring Public Policy of State - Injunctions.

Effective:
March 24, 2003
Latest Legislation:
House Bill 474 - 124th General Assembly
(A) Assisting suicide is hereby declared to be against the public policy of the state.
(B) A court of common pleas shall grant an injunction enjoining any action related to assisting suicide if it finds there is reason to believe that the person enjoined is preparing to assist a suicide, is in the course of assisting a suicide, or has assisted a suicide. The injunction shall prohibit the person from assisting any suicide in this state regardless of who is being assisted. The injunction may be granted at the request of any of the following:
(1) A person who has prepared or attempted to commit suicide with the assistance of the person sought to be enjoined;
(2) The guardian, spouse, parent, child, or sibling of a person who is preparing or has prepared to commit, who is attempting or has attempted to commit, or who committed suicide with the assistance of the person sought to be enjoined;
(3) A person entitled to inherit from a person who is preparing or has prepared to commit, who is attempting or has attempted to commit, or who committed suicide with the assistance of the person sought to be enjoined;
(4) A person who has inherited from a person who has prepared or attempted to commit or who committed suicide with the assistance of the person sought to be enjoined;
(5) An individual who is providing or has provided health care to a person who is preparing or has prepared to commit or who is attempting or has attempted to commit suicide with the assistance of the person sought to be enjoined;
(6) An individual who has provided health care to a person who committed suicide with the assistance of the person sought to be enjoined;
(7) A prosecuting attorney;
(8) The attorney general.
If an injunction is granted, the court may award the party requesting the injunction all reasonable attorney's fees, which shall be considered damages.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3795 | Assisted Suicide › Section 3795.04 | Assisted Suicide.

Effective:
March 21, 2017
Latest Legislation:
House Bill 470 - 131st General Assembly
(A) Except as provided in section 3795.03 of the Revised Code, no person shall knowingly cause another person to commit or attempt to commit suicide by doing either of the following:
(1) Providing the physical means by which the other person commits or attempts to commit suicide;
(2) Participating in a physical act by which the other person commits or attempts to commit suicide.
(B) Whoever violates division (A) of this section is guilty of assisting suicide, a felony of the third degree.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.01 | Definitions.

Effective:
March 22, 2020
Latest Legislation:
Senate Bill 229 - 132nd General Assembly
(A) As used in this chapter:
(1) "Marijuana" means marihuana as defined in section 3719.01 of the Revised Code.
(2) "Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.
(3) "Academic medical center" has the same meaning as in section 4731.297 of the Revised Code.
(4) "Drug database" means the database established and maintained by the state board of pharmacy pursuant to section 4729.75 of the Revised Code.
(5) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(6) "Qualifying medical condition" means any of the following:
(a) Acquired immune deficiency syndrome;
(b) Alzheimer's disease;
(c) Amyotrophic lateral sclerosis;
(d) Cancer;
(e) Chronic traumatic encephalopathy;
(f) Crohn's disease;
(g) Epilepsy or another seizure disorder;
(h) Fibromyalgia;
(i) Glaucoma;
(j) Hepatitis C;
(k) Inflammatory bowel disease;
(l) Multiple sclerosis;
(m) Pain that is either of the following:
(i) Chronic and severe;
(ii) Intractable.
(n) Parkinson's disease;
(o) Positive status for HIV;
(p) Post-traumatic stress disorder;
(q) Sickle cell anemia;
(r) Spinal cord disease or injury;
(s) Tourette's syndrome;
(t) Traumatic brain injury;
(u) Ulcerative colitis;
(v) Any other disease or condition added by the state medical board under section 4731.302 of the Revised Code.
(7) "State university" has the same meaning as in section 3345.011 of the Revised Code.
(B) Notwithstanding any conflicting provision of Chapter 3719. of the Revised Code or the rules adopted under it, for purposes of this chapter, medical marijuana is a schedule II controlled substance.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.02 | Establishment.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
There is hereby established a division of marijuana control in the department of commerce. The medical marijuana control program is hereby established in the division of marijuana control. The division shall provide for the licensure of medical marijuana cultivators, processors, retail dispensaries, and laboratories that test medical marijuana. The division shall also provide for the registration of patients and their caregivers. The division shall administer the medical marijuana control program.
Last updated September 7, 2023 at 3:24 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.031 | Closed-Loop Payment Processing System.

Effective:
September 8, 2016
Latest Legislation:
House Bill 523 - 131st General Assembly
(A) The director of commerce may, in accordance with Chapter 119. of the Revised Code, adopt rules that establish a closed-loop payment processing system under which the state creates accounts to be used only by registered patients and caregivers at licensed dispensaries as well as by all license holders under this chapter. The system may include record-keeping and accounting functions that identify all parties involved in those transactions. The purpose of the system is to prevent all of the following:
(1) Revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
(2) The diversion of marijuana from a state where it is legal in some form under that state's law to another state;
(3) The distribution of marijuana to minors;
(4) The use of state-authorized marijuana activity as a cover or pretext for the trafficking of other illegal drugs or for other illegal activity.
(B) The information recorded by the system shall be fully accessible to the state board of pharmacy and all state and federal law enforcement agencies, including the United States department of the treasury's financial crimes enforcement network.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.032 | Applicability to Research and Development Institutions and Organizations.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
This chapter does not authorize the division of marijuana control to oversee or limit research conducted at a state university, academic medical center, or private research and development organization that is related to marijuana and is approved by an agency, board, center, department, or institute of the United States government, including any of the following:
(A) The agency for health care research and quality;
(B) The national institutes of health;
(C) The national academy of sciences;
(D) The centers for medicare and medicaid services;
(E) The United States department of defense;
(F) The centers for disease control and prevention;
(G) The United States department of veterans affairs;
(H) The drug enforcement administration;
(I) The food and drug administration;
(J) Any board recognized by the national institutes of health for the purpose of evaluating the medical value of health care services.
Last updated September 7, 2023 at 3:26 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.05 | Number of Cultivator and Dispensary Licenses; Testing Standards and Procedures.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) When establishing the number of cultivator licenses that will be permitted at any one time, the division of marijuana control shall consider both of the following:
(1) The population of this state;
(2) The number of patients seeking to use medical marijuana.
(B) When establishing the number of retail dispensary licenses that will be permitted at any one time, the division shall consider all of the following:
(1) The population of this state;
(2) The number of patients seeking to use medical marijuana;
(3) The geographic distribution of dispensary sites in an effort to ensure patient access to medical marijuana.
(C) When establishing standards and procedures for the testing of medical marijuana, the division shall do all of the following:
(1) Specify when testing must be conducted;
(2) Determine the minimum amount of medical marijuana that must be tested;
(3) Specify the manner in which testing is to be conducted in an effort to ensure uniformity of medical marijuana products processed for and dispensed to patients;
(4) Specify the manner in which test results are provided.
Last updated August 1, 2023 at 11:49 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.06 | Forms of Medical Marijuana.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Only the following forms of medical marijuana may be dispensed under this chapter:
(1) Oils;
(2) Tinctures;
(3) Plant material;
(4) Edibles;
(5) Patches;
(6) Any other form approved by the division of marijuana control under section 3796.061 of the Revised Code.
(B) With respect to the methods of using medical marijuana, all of the following apply:
(1) The smoking or combustion of medical marijuana is prohibited.
(2) The vaporization of medical marijuana is permitted.
(3) The division may approve additional methods of using medical marijuana, other than smoking or combustion, under section 3796.061 of the Revised Code.
(C) Any form or method that is considered attractive to children, as specified in rules adopted by the division, is prohibited.
(D) With respect to tetrahydrocannabinol content, all of the following apply:
(1) Plant material shall have a tetrahydrocannabinol content of not more than thirty-five per cent.
(2) Extracts shall have a tetrahydrocannabinol content of not more than seventy per cent.
Last updated August 1, 2023 at 11:51 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.061 | Petition for Form or Method of Use.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Any person may submit a petition to the state division of marijuana control requesting that a form of or method of using medical marijuana be approved for the purposes of section 3796.06 of the Revised Code. A petition shall be submitted to the division in a manner prescribed by the division. A petition shall not seek to approve a method of using medical marijuana that involves smoking or combustion.
(B) On receipt of a petition, the division shall review it to determine whether to approve the form of or method of using medical marijuana described in the petition. The division may consolidate the review of petitions for the same or similar forms or methods. In making its determination, the division shall consult with one or more experts and review any relevant scientific evidence.
(C) The division shall approve or deny the petition in accordance with any rules adopted by the division under this section. The division's decision is final.
(D) The division may adopt rules as necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Last updated August 1, 2023 at 11:54 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.07 | Electronic Database.

Effective:
September 8, 2016
Latest Legislation:
House Bill 523 - 131st General Assembly
The department of commerce shall establish and maintain an electronic database to monitor medical marijuana from its seed source through its cultivation, processing, testing, and dispensing. The department may contract with a separate entity to establish and maintain all or any part of the electronic database on behalf of the department.
The electronic database shall allow for information regarding medical marijuana to be updated instantaneously. Any cultivator, processor, retail dispensary, or laboratory licensed under this chapter shall submit to the department any information the department determines is necessary for maintaining the electronic database.
The department and any entity under contract with the department shall not make public any information reported to or collected by the department under this division that identifies or would tend to identify any specific patient.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.11 | Information Provided by Department of Taxation.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A)(1) Notwithstanding section 149.43 of the Revised Code or any other public records law to the contrary or any law relating to the confidentiality of tax return information, upon the request of the division of marijuana control, the department of taxation shall provide to the division all of the following information:
(a) Whether an applicant for licensure under this chapter is in compliance with the applicable tax laws of this state;
(b) Any past or pending violation by the applicant of those tax laws, and any penalty imposed on the applicant for such a violation.
(2) The division shall request the information only as it pertains to an application for licensure that the division, as applicable, is reviewing.
(3) The department of taxation may charge the division a reasonable fee to cover the administrative cost of providing the information.
(B) Information received under this section is confidential. Except as otherwise permitted by other state law or federal law, the division shall not make the information available to any person other than the applicant for licensure to whom the information applies.
Last updated August 1, 2023 at 12:04 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.13 | Employment.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Each person seeking employment with an entity licensed under this chapter shall comply with sections 4776.01 to 4776.04 of the Revised Code. Except as provided in division (B) of this section, such an entity shall not employ the person unless the person has submitted a criminal records check under those sections. The report of the resulting criminal records check shall demonstrate that the person has not been convicted of or pleaded guilty to any of the disqualifying offenses specified in rules adopted under division (B)(14)(a) of section 3796.03 of the Revised Code if the person is seeking employment with an entity licensed by the division of marijuana control under this chapter.
(B) An entity is not prohibited by division (A) of this section from employing a person if the disqualifying offense the person was convicted of or pleaded guilty to is one of the offenses specified in rules adopted under division (B)(14)(b) of section 3796.03 of the Revised Code and the person was convicted of or pleaded guilty to the offense more than five years before the date the employment begins.
Last updated August 1, 2023 at 12:09 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.15 | Enforcement by State Board of Pharmacy.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The division of marijuana control shall enforce this chapter, or cause it to be enforced. If the division has information that this chapter or any rule adopted under this chapter has been violated, it shall investigate the matter and take any action as it considers appropriate.
(B) Nothing in this chapter shall be construed to require the division to enforce minor violations if the division determines that the public interest is adequately served by a notice or warning to the alleged offender.
(C) If the division suspends, revokes, or refuses to renew any license or registration issued under this chapter and determines that there is clear and convincing evidence of a danger of immediate and serious harm to any person, the division may place under seal all medical marijuana owned by or in the possession, custody, or control of the affected license holder or registrant. Except as provided in this division, the division of marijuana control shall not dispose of the medical marijuana sealed under this division until the license holder or registrant exhausts all of the holder's or registrant's appeal rights under Chapter 119. of the Revised Code. The court involved in such an appeal may order the division, during the pendency of the appeal, to sell medical marijuana that is perishable. The division shall deposit the proceeds of the sale with the court.
Last updated August 1, 2023 at 12:16 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.16 | Reciprocity Agreements.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A)(1) The division of marijuana control shall attempt in good faith to negotiate and enter into a reciprocity agreement with any other state under which a medical marijuana registry identification card or equivalent authorization that is issued by the other state is recognized in this state, if the division determines that both of the following apply:
(a) The eligibility requirements imposed by the other state for that authorization are substantially comparable to the eligibility requirements for a patient or caregiver registration and identification card issued under this chapter.
(b) The other state recognizes a patient or caregiver registration and identification card issued under this chapter.
(2) The division shall not negotiate any agreement with any other state under which an authorization issued by the other state is recognized in this state other than as provided in division (A)(1) of this section.
(B) If a reciprocity agreement is entered into in accordance with division (A) of this section, the authorization issued by the other state shall be recognized in this state, shall be accepted and valid in this state, and grants the patient or caregiver the same right to use, possess, obtain, or administer medical marijuana in this state as a patient or caregiver who was registered and issued an identification card under this chapter.
(C) The division may adopt any rules as necessary to implement this section.
Last updated August 1, 2023 at 12:17 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.17 | Toll-Free Telephone Line.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The division of marijuana control shall establish a toll-free telephone line to respond to inquiries from patients, caregivers, and health professionals regarding adverse reactions to medical marijuana and to provide information about available services and assistance. The division may contract with a separate entity to establish and maintain the telephone line on behalf of the division.
Last updated August 1, 2023 at 12:18 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.18 | Cultivator License.

Effective:
September 8, 2016
Latest Legislation:
House Bill 523 - 131st General Assembly
(A) Notwithstanding any conflicting provision of the Revised Code and except as provided in division (B) of this section, the holder of a current, valid cultivator license issued under this chapter may do either of the following:
(1) Cultivate medical marijuana;
(2) Deliver or sell medical marijuana to one or more licensed processors.
(B) A cultivator license holder shall not cultivate medical marijuana for personal, family, or household use or on any public land, including a state park as defined in section 154.01 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.19 | Processor License.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Notwithstanding any conflicting provision of the Revised Code, the holder of a current, valid processor license issued under this chapter may do any of the following:
(1) Obtain medical marijuana from one or more licensed cultivators;
(2) Subject to division (B) of this section, process medical marijuana obtained from one or more licensed cultivators into a form described in section 3796.06 of the Revised Code;
(3) Deliver or sell processed medical marijuana to one or more licensed retail dispensaries.
(B) When processing medical marijuana, a licensed processor shall do both of the following:
(1) Package the medical marijuana in accordance with child-resistant effectiveness standards described in 16 C.F.R. 1700.15(b) on September 8, 2016;
(2) Label the medical marijuana packaging with the product's tetrahydrocannabinol and cannabidiol content;
(3) Comply with any packaging or labeling requirements established in rules adopted by the division of marijuana control under section 3796.03 of the Revised Code.
Last updated July 31, 2023 at 4:57 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.20 | Dispensary License.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Notwithstanding any conflicting provision of the Revised Code, the holder of a current, valid retail dispensary license issued under this chapter, or previously issued by the state board of pharmacy, may do both of the following:
(1) Obtain medical marijuana from one or more processors;
(2) Dispense or sell medical marijuana in accordance with division (B) of this section.
(B) When dispensing or selling medical marijuana, a licensed retail dispensary shall do all of the following:
(1) Dispense or sell only upon a showing of a current, valid identification card and in accordance with a written recommendation issued by a physician holding a certificate to recommend issued by the state medical board under section 4731.30 of the Revised Code;
(2) Report to the drug database the information required by section 4729.771 of the Revised Code;
(3) Label the package containing medical marijuana with the following information:
(a) The name and address of the licensed processor and retail dispensary;
(b) The name of the patient and caregiver, if any;
(c) The name of the physician who recommended treatment with medical marijuana;
(d) The directions for use, if any, as recommended by the physician;
(e) The date on which the medical marijuana was dispensed;
(f) The quantity, strength, kind, or form of medical marijuana contained in the package.
(C) When operating a licensed retail dispensary, both of the following apply:
(1) A dispensary shall use only employees who have met the training requirements established in rules adopted under section 3796.03 of the Revised Code.
(2) A dispensary shall not make public any information it collects that identifies or would tend to identify any specific patient.
Last updated July 31, 2023 at 4:58 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.21 | Rights of Current Laboratory License Holders.

Effective:
September 8, 2016
Latest Legislation:
House Bill 523 - 131st General Assembly
(A) Notwithstanding any conflicting provision of the Revised Code, the holder of a current, valid laboratory license issued under this chapter may do both of the following:
(1) Obtain medical marijuana from one or more cultivators, processors, and retail dispensaries licensed under this chapter;
(2) Conduct medical marijuana testing in the manner specified in rules adopted under section 3796.03 of the Revised Code.
(B) When testing medical marijuana, a licensed laboratory shall do both of the following:
(1) Test the marijuana for potency, homogeneity, and contamination;
(2) Prepare a report of the test results.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.22 | Rights of Registered Patient.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Notwithstanding any conflicting provision of the Revised Code, a patient registered under this chapter who obtains medical marijuana from a retail dispensary licensed under this chapter may do both of the following:
(1) Use medical marijuana;
(2) Possess medical marijuana, subject to division (B) of this section;
(3) Possess any paraphernalia or accessories specified in rules adopted under section 3796.03 of the Revised Code.
(B) The amount of medical marijuana possessed by a registered patient shall not exceed a ninety-day supply, as specified in rules adopted under section 3796.03 of the Revised Code.
(C) A registered patient shall not be subject to arrest or criminal prosecution for doing any of the following in accordance with this chapter:
(1) Obtaining, using, or possessing medical marijuana;
(2) Possessing any paraphernalia or accessories specified in rules adopted under section 3796.03 of the Revised Code.
(D) This section does not authorize a registered patient to operate a vehicle, streetcar, trackless trolley, watercraft, or aircraft while under the influence of medical marijuana.
Last updated July 31, 2023 at 4:58 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.23 | Rights of Caregiver.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Notwithstanding any conflicting provision of the Revised Code, a caregiver registered under this chapter who obtains medical marijuana from a retail dispensary licensed under this chapter may do both of the following:
(1) Possess medical marijuana on behalf of a registered patient under the caregiver's care, subject to division (B) of this section;
(2) Assist a registered patient under the caregiver's care in the use or administration of medical marijuana;
(3) Possess any paraphernalia or accessories specified in rules adopted under section 3796.03 of the Revised Code.
(B) The amount of medical marijuana possessed by a registered caregiver on behalf of a registered patient shall not exceed a ninety-day supply, as specified in rules adopted under section 3796.03 of the Revised Code. If a caregiver provides care to more than one registered patient, the caregiver shall maintain separate inventories of medical marijuana for each patient.
(C) A registered caregiver shall not be subject to arrest or criminal prosecution for doing any of following in accordance with this chapter:
(1) Obtaining or possessing medical marijuana on behalf of a registered patient;
(2) Assisting a registered patient in the use or administration of medical marijuana;
(3) Possessing any paraphernalia or accessories specified in rules adopted under section 3796.03 of the Revised Code.
(D) This section does not permit a registered caregiver to personally use medical marijuana, unless the caregiver is also a registered patient.
Last updated July 31, 2023 at 4:59 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.27 | Financial Institutions.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section:
(1) "Financial institution" means any of the following:
(a) Any bank, trust company, savings and loan association, savings bank, or credit union or any affiliate, agent, or employee of a bank, trust company, savings and loan association, savings bank, or credit union;
(b) Any money transmitter licensed under sections 1315.01 to 1315.18 of the Revised Code or any affiliate, agent, or employee of such a licensee.
(2) "Financial services" means services that a financial institution is authorized to provide under Title XI, sections 1315.01 to 1315.18, or Chapter 1733. of the Revised Code, as applicable.
(B) A financial institution that provides financial services to any cultivator, processor, retail dispensary, or laboratory licensed under this chapter shall be exempt from any criminal law of this state an element of which may be proven by substantiating that a person provides financial services to a person who possesses, delivers, or manufactures marijuana or marijuana derived products, including section 2925.05 of the Revised Code and sections 2923.01 and 2923.03 of the Revised Code as those sections apply to violations of Chapter 2925. of the Revised Code, if the cultivator, processor, retail dispensary, or laboratory is in compliance with this chapter and the applicable tax laws of this state.
(C)(1) Notwithstanding section 149.43 of the Revised Code or any other public records law to the contrary, upon the request of a financial institution, the division of marijuana control shall provide to the financial institution all of the following information:
(a) Whether a person with whom the financial institution is seeking to do business is a cultivator, processor, retail dispensary, or laboratory licensed under this chapter;
(b) The name of any other business or individual affiliated with the person;
(c) An unredacted copy of the application for a license under this chapter, and any supporting documentation, that was submitted by the person;
(d) If applicable, information relating to sales and volume of product sold by the person;
(e) Whether the person is in compliance with this chapter;
(f) Any past or pending violation by the person of this chapter, and any penalty imposed on the person for such a violation.
(2) The division may charge a financial institution a reasonable fee to cover the administrative cost of providing the information.
(D) Information received by a financial institution under division (C) of this section is confidential. Except as otherwise permitted by other state law or federal law, a financial institution shall not make the information available to any person other than the customer to whom the information applies and any trustee, conservator, guardian, personal representative, or agent of that customer.
Last updated July 31, 2023 at 5:00 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.28 | Rights of Employer.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) Nothing in this chapter does any of the following:
(1) Requires an employer to permit or accommodate an employee's use, possession, or distribution of medical marijuana;
(2) Prohibits an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person's use, possession, or distribution of medical marijuana;
(3) Prohibits an employer from establishing and enforcing a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy;
(4) Interferes with any federal restrictions on employment, including the regulations adopted by the United States department of transportation in Title 49 of the Code of Federal Regulations, as amended;
(5) Permits a person to commence a cause of action against an employer for refusing to hire, discharging, disciplining, discriminating, retaliating, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment related to medical marijuana;
(6) Affects the authority of the administrator of workers' compensation to grant rebates or discounts on premium rates to employers that participate in a drug-free workplace program established in accordance with rules adopted by the administrator under Chapter 4123. of the Revised Code.
(B) A person who is discharged from employment because of that person's use of medical marijuana shall be considered to have been discharged for just cause for purposes of division (D) of section 4141.29 of the Revised Code if the person's use of medical marijuana was in violation of an employer's drug-free workplace policy, zero-tolerance policy, or other formal program or policy regulating the use of medical marijuana.
(C) It is not a violation of division (A), (D), or (E) of section 4112.02 of the Revised Code if an employer discharges, refuses to hire, or otherwise discriminates against a person because of that person's use of medical marijuana if the person's use of medical marijuana is in violation of the employer's drug-free workplace policy, zero-tolerance policy, or other formal program or policy regulating the use of medical marijuana.
Last updated July 23, 2021 at 8:13 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.29 | Limitations on Number Of. Cultivators, Processors, or Retail Dispensaries by Localities.

Effective:
September 8, 2016
Latest Legislation:
House Bill 523 - 131st General Assembly
The legislative authority of a municipal corporation may adopt an ordinance, or a board of township trustees may adopt a resolution, to prohibit, or limit the number of, cultivators, processors, or retail dispensaries licensed under this chapter within the municipal corporation or within the unincorporated territory of the township, respectively.
This section does not authorize the legislative authority of a municipal corporation or a board of township trustees to adopt an ordinance or resolution limiting research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.30 | Activities Prohibited Near Schools, Churches, Libraries, Playgrounds or Parks.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Except as provided in division (B) of this section, no medical marijuana cultivator, processor, retail dispensary, or laboratory that tests medical marijuana shall be located within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park.
If the relocation of a cultivator, processor, retail dispensary, or laboratory licensed under this chapter results in the cultivator, processor, retail dispensary, or laboratory being located within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park, the division of marijuana control shall revoke the license it previously issued to the cultivator, processor, retail dispensary, or laboratory.
(B) This section does not apply to research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.
(C) As used in this section and sections 3796.03 and 3796.12 of the Revised Code:
"Church" has the meaning defined in section 1710.01 of the Revised Code.
"Public library" means a library provided for under Chapter 3375. of the Revised Code.
"Public park" means a park established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.
"Public playground" means a playground established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.
"School" means a child care center as defined under section 5104.01 of the Revised Code, a preschool as defined under section 2950.034 of the Revised Code, or a public or nonpublic primary school or secondary school.
Last updated August 28, 2023 at 10:16 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3796 | Medical Marijuana Control Program › Section 3796.31 | Prohibition on Local Taxes, Fees.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Except as otherwise authorized in the Revised Code, no political subdivision shall levy any tax or fee on cultivators, processors, or dispensaries that is based on those businesses' gross receipts or that is the same as or similar to any tax or fee imposed by the state.
Last updated August 24, 2021 at 12:49 PM