Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-6 - Enforcement › Section 3796:5-6-02 - Prohibited activities

Current through all regulations passed and filed through July 1, 2024
(A)
								Any of the
			 following shall be considered threats to the public health, welfare, or safety
			 and shall be sufficient cause for a provisional license, certificate of
			 operation, or employee identification card of a cultivator, processor, or
			 testing laboratory, or any combination thereof, or employee to be denied,
			 suspended with or without a hearing, revoked, fined, have conditions placed
			 upon such license, or subject to other actions authorized under paragraph (A)
			 of rule
			 3796:5-6-01
			 of the Administrative Code, or any combination of such actions necessary to
			 ensure the program's administration, implementation and enforcement:
(1)
									The distribution
			 of medical marijuana to minors has occurred;
(2)
									Revenue from the
			 sale of medical marijuana has gone to criminal enterprises;
(3)
									Medical marijuana
			 has been diverted across state lines in a manner prohibited by either
			 state;
(4)
									Trafficking of illegal drugs or illegal activities has
			 occurred on the premises;
(5)
									Illegal or unauthorized possession or use of a firearm
			 at a facility;
(6)
									Driving while drugged or otherwise
			 intoxicated;
(7)
									Drug or alcohol abuse;
(8)
									Permitting the
			 cultivation of medical marijuana in a facility outside the designated marijuana
			 cultivation area;
(9)
									Failure to comply with a subpoena issued by the
			 department;
(10)
									Acceptance of medical marijuana from a source other
			 than a cultivator or processor licensed by the department, unless by a licensed
			 testing laboratory pursuant to the rules promulgated for testing
			 laboratories;
(11)
									Failure to maintain effective controls and security
			 measures designed to ensure compliance with the law or protect the facility,
			 employees, and medical marijuana;
(12)
									Knowing material
			 misstatements or omissions in the inventory tracking system, where, in the
			 exercise of reasonable diligence, the person should have obtained such
			 knowledge prior to the misstatement or omission;
(13)
									A finding by the
			 department that the medical marijuana entity, after having the license
			 suspended or subject to mandatory corrections under any rules promulgated in
			 accordance with Chapter 3796. of the Revised Code, has violated the terms of
			 the suspension or failed to perform the mandatory corrections;
(14)
									Operational
			 failures that endanger public health, create a likelihood of contamination or
			 diversion, or a pattern of deviation of standard operating
			 procedures;
(15)
									Aiding or assisting another person in violating any
			 provision of Chapter 3796. of the Revised Code or the rules promulgated in
			 accordance with Chapter 3796. of the Revised Code;
(16)
									Permitting
			 another person to use the licensee's license;
(17)
									Cultivating,
			 processing, transporting, or testing medical marijuana in violation of Chapter
			 3796. of the Revised Code or the rules promulgated in accordance with Chapter
			 3796. of the Revised Code;
(18)
									Failure to
			 cooperate or give information to the department, law enforcement authorities or
			 any other enforcement agency upon any matter arising out of conduct at any
			 cultivator, processor, or testing laboratory; or
(19)
									Discontinuance
			 of business for more than ninety days, unless the director or the director's
			 designee approves an expansion of such period for good cause shown, upon a
			 written request.