reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-03 - Medical marijuana dispensary ownership and ownership requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								Unless otherwise provided, when an entity is required
			 pursuant to this division to provide information, sign documents or ensure
			 actions are taken, a person identified in this paragraph, and who is twenty-one
			 years of age or older, shall comply with the requirement on behalf of the
			 medical marijuana establishment:
(1)
									If a natural person is applying for a dispensary
			 license, the natural person;
(2)
									If a corporation
			 is applying for a dispensary license, a natural person who is an officer of the
			 corporation;
(3)
									If a partnership is applying for a dispensary license,
			 a natural person who is a partner;
(4)
									If a
			 limited-liability company is applying for a dispensary license, a manager or,
			 if the limited-liability company does not have a manager a natural person who
			 is a member of the limited-liability company;
(5)
									If an association
			 or cooperative is applying for a dispensary license, a natural person who is a
			 member of the governing board of the association or
			 cooperative;
(6)
									If a joint venture is applying for a dispensary
			 license, a natural person who signed the joint venture agreement;
			 and
(7)
									If a business organization other than those described
			 in paragraphs (A)(1) to (A)(7) of this rule, inclusive, is applying for a
			 dispensary license, a natural person who is a member of the business
			 organization.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-04 - Medical marijuana dispensary license application evaluation

Current through all regulations passed and filed through July 1, 2024
(A) The board
			 may
								 award provisional dispensary licenses
			 via competitive scoring, a drawing, or a combination of
			 competitive scoring and drawing, as determined by the board, and described in a
			 request for applications issued by the board pursuant to rule
			 3796:6-2-01
			 of the Administrative Code
								.
(B)
								Provisional
			 dispensary licenses shall only be awarded after final approval by the board,
			 which shall include an evaluation of the application and the applicant for the
			 following:
(1)
									Compliance with Chapter 3796. of the Revised Code and the
			 rules adopted thereunder;
(2)
									Compliance with the relevant request for applications
			 issued by the board; and
(3)
									All license limitations, set forth in paragraph (C)(1)
			 of this rule or otherwise specified by the board.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-05 - Number of dispensary provisional licenses

Current through all regulations passed and filed through July 1, 2024
(A)
								In accordance with division (B) of section
			 3796.05
			 of the Revised Code, the state board of pharmacy shall consider the population
			 of this state, the number of patients seeking to use medical marijuana and the
			 geographic distribution of dispensary sites in an effort to ensure patient
			 access to medical marijuana. The state board of pharmacy shall consider these
			 factors at least once each biennial licensing term to determine whether a
			 sufficient number of medical marijuana dispensaries exist.
(B) If
			 additional licenses are deemed necessary, the state board of pharmacy will
			 follow the procedures to issue a request for applications under rule
			 3796:6-2-01
			 of the Administrative Code.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-06 - Final inspection and certificate of operation for medical marijuana dispensaries

Current through all regulations passed and filed through July 1, 2024
(A) A provisional dispensary licensee shall notify the board once it is capable of operating in
			 accordance with Chapter 3796. of the Revised Code and this division, and before
			 dispensing any medical marijuana. Before
			 such notification, the provisional dispensary
			 licensee must:
(1)
									Name a designated
			 representative, in compliance with rule
			 3796:6-3-05
			 of the Administrative Code and attest that fingerprint impressions for a
			 criminal background check pursuant to rule
			 3796:6-2-07
			 of the Administrative Code have been submitted;
(2)
									Comply with the
			 representations made in the application submitted by the provisional dispensary
			 licensee that was awarded the provisional dispensary license.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-07 - Licensing of medical marijuana dispensary associated key employees and dispensary key employees

Current through all regulations passed and filed through July 1, 2024
(A) An applicant for a dispensary associated
			 key employee or key employee license shall:
(1)
									Comply with all
			 requirements set forth in Chapter 3796. of the Revised Code and the rules
			 adopted thereunder;
(2)
									Comply with the criminal records check requirements in
			 this rule;
(3)
									Be twenty-one years of age or older;
			 and
(4)
									Submit a complete application, in a manner determined
			 by the board, that includes all the following:
(a)
										The name and
			 license number of the dispensary employing the applicant;
(b)
										A copy of the
			 applicant's unexpired driver's license, identification card issued by the Ohio
			 bureau of motor vehicles (BMV) or the equivalent issued by another state, or
			 United States passport or United States passport card, or other identification
			 approved by the board of pharmacy;
(c)
										An acknowledgment
			 that the applicant has not been convicted of a disqualifying offense in any
			 jurisdiction;
(d)
										The required fee; and
(e)
										Any additional
			 information or documentation required by the state board of pharmacy.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-08 - Licensing of medical marijuana dispensary support employees

Current through all regulations passed and filed through July 1, 2024
(A)
								An applicant for a dispensary support employee
			 license shall:
(1)
									Comply with all
			 requirements set forth in Chapter 3796. of the Revised Code and the rules
			 adopted thereunder;
(2)
									Comply with the criminal records check requirements in
			 this rule;
(3)
									Be twenty-one years of age or older;
			 and
(4)
									Submit a complete application, in a manner determined
			 by the board, that includes all the following:
(a)
										The name and
			 license number of the dispensary employing the applicant;
(b)
										The printed name,
			 license number, and signature of the designated representative of the
			 dispensary employing the applicant;
(c)
										A copy of the
			 applicant's unexpired driver's license, identification card issued by the Ohio
			 bureau of motor vehicles (BMV) or the equivalent issued by another state, or
			 United States passport or United States passport card, or other identification
			 approved by the board;
(d)
										An acknowledgment that the applicant has not been
			 convicted of a disqualifying offense in any jurisdiction;
(e)
										The required fee;
			 and
(f)
										Any additional information or documentation required by
			 the state board of pharmacy.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-09 - Medical marijuana dispensary employees generally

Current through all regulations passed and filed through July 1, 2024
(A) All dispensary
			 associated key employees, key employees and support employees are employees of
			 a dispensary and shall hold an employee license issued by the state board of
			 pharmacy. No licensed dispensary shall allow a person to begin work at the
			 dispensary before receiving an employee license by the state board of pharmacy.
			 No person with an expired employee license shall work at a
			 dispensary.
(B) A dispensary
			 employee license issued by the state board of pharmacy shall authorize the
			 dispensary employee to work at any dispensary issued a certificate of operation
			 to the same collective owners. For purposes of this paragraph, "owner" has the
			 same meaning as defined under rule
			 3796:6-2-03
			 of the Administrative Code.
(C)
								All licensed dispensary employees
			 shall comply with Chapter 3796. of the Revised Code and this division
			 .
(D)
								A licensed dispensary employee
			 who changes their
			 mailing or email address shall notify the state board of pharmacy of
			 the new address 
								within thirty
			 calendar days of the effective date of such
								 change.
(E) A licensed dispensary employee
			 who has a legal change of name shall notify the state
			 board of pharmacy within thirty calendar days of the effective date of such
			 change. Such notification of a name change shall be accompanied by one of the
			 following:
(1)
									 A notarized affidavit;
(2)
									 A certified copy
			 of a court record; or
(3)
									 A certified copy of a marriage
			 certificate.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-10 - Medical marijuana dispensary certificate of operation renewal

Current through all regulations passed and filed through July 1, 2024
(A) Every
			 dispensary certificate of operation issued pursuant to this division shall
			 expire on the first day of July of every
			 odd-numbered year regardless of the date on which the certificate of operation
			 was renewed.
(B)
			 Every dispensary issued a certificate of operation pursuant to this division
			 shall submit the following to the state board of pharmacy at least forty-five
			 calendar days prior to the date the existing
			 certificate expires:
(1) A
			 completed medical marijuana dispensary renewal
			 application;
(2) A roster that
			 includes all the  dispensary
			 employees' names and dispensary employees'
			 license numbers;
(3)
									Documentation sufficient to establish that the
			 applicant is in compliance with the applicable tax laws of this
			 state;
(4) The
			 required fee; and
(5) Any additional
			 information or documentation required by the
			  board.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-11 - Medical marijuana dispensary - license bond

Current through all regulations passed and filed through July 1, 2024
(A)
								For the purposes
			 of this rule, a bond is a requirement for the issuance of a dispensary license,
			 the maintenance of a certificate, or reactivation of a license. The bond shall
			 be used to guarantee that the dispensary complies with state tax requirements
			 and conducts the dispensary operations in accordance with Chapter 3796. of the
			 Revised Code and this division.
(B)
								Evidence of
			 financial responsibility shall be provided by one of the following:
(1)
									Establishing and
			 maintaining an escrow or surety account in an Ohio financial institution in the
			 amount of fifty thousand dollars, with escrow terms, approved by the state
			 board of pharmacy, that it shall be payable to the treasurer, state of Ohio, in
			 the event of circumstances provided in paragraph (A) of this rule. A financial
			 institution may not return money in an escrow or surety account to the
			 dispensing organization that established the account or a representative of the
			 organization unless the organization or representative presents a statement
			 issued by the state board of pharmacy indicating that the account may be
			 released.
(2)
									Providing a surety bond in the amount of fifty thousand
			 dollars, naming the dispensing organization as principal of the bond, with
			 terms, approved by the state board of pharmacy, that the bond defaults to the
			 state board of pharmacy in the event of circumstances outlined in paragraph (A)
			 of this rule. Bond terms include:
(a)
										 The bond must be written by a surety company
			 authorized and licensed through the state of Ohio;
(b)
										The business name
			 and registration number on the bond must correspond exactly with the business
			 name and registration number in the state board of pharmacy's
			 records;
(c)
										The bond must be written on a form approved by the
			 state board of pharmacy;
(d)
										A copy of the bond must be received by the state board
			 of pharmacy within ninety days after the effective date of the provisional
			 license;
(e)
										The state board of pharmacy shall receive written
			 notice within thirty calendar days of when a dispensary knows a bond will be
			 canceled. If a bond is canceled and the licensee fails to file a new bond with
			 the state board of pharmacy in the required amount on or before the effective
			 date of cancellation, the license may be revoked. The total and aggregate
			 liability of the surety on the bond is limited to the amount specified by the
			 bond.
(3)
									The provisions of this rule shall be operative at all
			 times during which a bond, escrow account, or surety account are available in
			 the market place.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-12 - Change in dispensary ownership

Current through all regulations passed and filed through July 1, 2024
(A)
								Only a dispensary
			 that has engaged in medical marijuana dispensing under a certificate of
			 operation for a continuous twelve-month period is eligible to apply for a
			 change of ownership.
(B)
								All prospective new owners must be included in the
			 change of ownership application, on a form in accordance with section
			 3796.10 of the Revised Code, and
			 comply with record check requirements set forth in paragraphs (D) to (G) of
			 rule
			 3796:6-2-07
			 of the Administrative Code and remit the required fee to become licensed as an
			 associated key employee.
(C)
								Any change in ownership, business or tradename of a
			 medical marijuana dispensary requires a new application, required fee and a
			 license. The new application and required fee shall be submitted within thirty
			 calendar days of any change in the ownership, business, or tradename. A change
			 of ownership includes any of the following:
(1)
									A change of
			 controlling interest of ten percent or more of a licensed corporation's
			 outstanding shares of voting stock;
(2)
									Any business
			 entity change from its original form as licensed to a sole proprietor
			 ownership, partnership, limited liability company, corporation, or any other
			 business entity;
(3)
									An existing corporation ceases to exist and a new
			 corporation or other business entity is formed;
(4)
									An existing
			 corporation continues and there is a one hundred percent stock purchase by
			 another corporation or other business entity;
(5)
									Two wholly-owned
			 subsidiaries of a parent company are merged;
(6)
									A currently
			 licensed dispensary is purchased or operated by a different business entity
			 than what is listed on the original application, even if the location maintains
			 the original "doing business as" (DBA); or
(7)
									Any partnership
			 change other than that which was originally licensed.
(a)
										A partnership
			 change is deemed to have occurred when:
(i)
											There is an
			 addition or removal of one or more partners in a partnership to which a license
			 is issued.
(ii)
											The entity is sold and the sale becomes
			 final.
(b)
										For partnerships, a transfer of a proportion of
			 ownership among existing partners is not a change of ownership, if there is no
			 addition or removal of a partner.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-13 - Request to relocate a dispensary

Current through all regulations passed and filed through July 1, 2024
(A) A dispensary may relocate in the district
			 where the dispensary is licensed. To relocate a dispensary, the dispensary must
			 submit an application requesting the change and the relocation fee to the state
			 board of pharmacy. Pursuant to division (B) of section
			 3796.05
			 of the Revised Code, the state board of pharmacy shall consider the following
			 in evaluating a dispensary's request to relocate:
(1) The population of this state;
(2) The number of patients seeking to use
			 medical marijuana; and
(3) The
			 geographic distribution of dispensary sites to ensure patient access to medical
			 marijuana.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-14 - Procedure for discontinuing business as a medical marijuana dispensary

Current through all regulations passed and filed through July 1, 2024
(A) A dispensary
			 that plans to discontinue business activities shall file a written notice with
			 the board of pharmacy. The written notice shall be submitted to the board
			  at least thirty
			 calendar days in advance of the proposed date of discontinuing business, unless waived by the board's executive director or the
			 director's designee due to extraordinary circumstances beyond the licensee's
			 control. This notice shall include the following information:
(1) The name, address, and dispensary
			 certificate of operation number of the licensee discontinuing
			 business;
(2) The time, date and
			 licensed employees who will destroy the remaining stock of medical marijuana
			 and medical marijuana products;
(3)
			 The name and address where the records of purchasing and dispensing will be
			 kept in conformance with rule
			 3796:6-3-17
			 of the Administrative Code; and
(4)
			 The proposed date of discontinuing the business.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-01 - Dispensary operations generally

Current through all regulations passed and filed through July 1, 2024
(A) A dispensary awarded a certificate of
			 operation under this division shall:
(1)
			 Operate in accordance with the representations made in its application;
			 and
(2) Comply with Chapter 3796.
			 of the Revised Code and this division.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-02 - Dispensary premises generally

Current through all regulations passed and filed through July 1, 2024
(A) The premises of a dispensary shall be
			 located within Ohio.
(B) Pursuant
			 to section 3796.30 of the Revised Code, no
			 boundary of a parcel of real estate having situated on
			 it a proposed dispensary 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, 
			 public park, or an opioid treatment program as defined
			 in rule
			 3796:6-1-01 of the
			 Administrative Code.
(C) The dispensary
			 shall be equipped as to land, buildings, and equipment to properly carry on the
			 business of a medical marijuana dispensary.
(D) The dispensary
			 certificate of operation shall be prominently displayed at the location where
			 the licensee is authorized to operate.
(E) The premises and
			 operations of a licensee shall conform to all relevant fire codes, local zoning
			 and planning requirements.
(F) It is the
			 responsibility of a dispensary's associated key employees to promptly notify
			 the state board of pharmacy of any change of the principal place of
			 business.
(G) No major renovation
			 or modification shall be undertaken without notification to and inspection and
			 approval from the state board of pharmacy and submittal of the required fee.
			 Such renovations include, but are not limited to:
(1) New facilities to be constructed or used
			 for medical marijuana; and
(2) Work
			 or storage areas to be constructed or used for medical marijuana.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-03 - Hours of operation

Current through all regulations passed and filed through July 1, 2024
(A) A dispensary shallconspicuously post the
			 hours of operation of the dispensary at all public entrances to the dispensary
			 and on the dispensary's website homepage if one is maintained by the
			 dispensary.
(B) A
			 dispensary shall not sell, serve, or dispense medical marijuana at any time
			 other than between the hours of seven am ET and nine pm
			 ET.
(1)
									Changes in the
			 dispensary hours of operation shall be submitted to and approved by the board
			 prior to hours of operation being modified, except as provided in paragraph (D)
			 of this rule.
(2)
									Requests for modification of hours of operation shall
			 be submitted on a form determined by the board no less than seven days prior to
			 the requested modification of hours of operation go into
			 effect.
(3)
									The dispensary must maintain approved hours for no less
			 than thirty days before submitting a request to change hours, unless approved
			 due to unusual circumstances as determined by the board.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-04 - Procedures when dispensary is closed

Current through all regulations passed and filed through July 1, 2024
(A)
								During times when
			 a dispensary is closed, it shall be securely locked and equipped with an alarm
			 system approved by the state board of pharmacy. Such alarm shall be activated
			 and operated separately from any other alarm system at the dispensary and shall
			 be able to immediately detect entrance to the dispensary at times when it is
			 closed.
(1)
									Keys and access codes to the alarm system shall be
			 controlled in such a manner so as to prevent access to the dispensary by anyone
			 other than authorized dispensary key employees.
(2)
									Only a dispensary
			 key employee shall have the authority to deactivate the alarm
			 system.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-05 - Medical marijuana dispensary designated representative

Current through all regulations passed and filed through July 1, 2024
(A) Each dispensary
			 shall have a designated representative at all times. The designated
			 representative must hold a dispensary associated key or key employee license.
			 Maintaining a designated representative is a continuing requirement for a
			 certificate of operation.
(B) The
			 designated representative shall be physically present at licensed dispensary
			 premises at least twenty hours each week and must be able to be contacted by
			 dispensary employees during a dispensary's hours of operation.
(C) A dispensary key employee shall be the
			 designated representative for no more than one dispensary location.
(D) A designated representative for a
			 licensed dispensary shall be responsible for:
(1) Oversight of the delivery and receipt of
			 medical marijuana and medical marijuana products to a dispensary;
(2) The supervision and control of medical
			 marijuana and medical marijuana products under the custody of a
			 dispensary;
(3) Adequate safeguards
			 of medical marijuana and medical marijuana products to assure that the sale or
			 other distribution of medical marijuana and medical marijuana products will
			 occur only by dispensary employees licensed by the state board of
			 pharmacy;
(4) Notifying the state
			 board of pharmacy within twenty-four hours of learning of a dispensary
			 employee's arrest for disqualifying offense;
(5) Ensuring that prompt, written notice is
			 provided to the state board of pharmacy, including the date of the event, when
			 a dispensary employee will no longer serves as an
			 associated key employee or key employee or is no
			 longer employed by the dispensary;
(6) Maintaining all required dispensary
			 records;
(7) Ensuring that the
			 state board of pharmacy is immediately notified of a known or suspected theft,
			 diversion or loss of medical marijuana; and
(8) Maintaining a current and active medical
			 marijuana key employee or associated key employee
			 license.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-06 - Receipt of medical marijuana by a dispensary

Current through all regulations passed and filed through July 1, 2024
(A) Each dispensary shall:
(1) Establish a standard operating procedure
			 for all aspects of the receipt, storage, packaging, labeling, handling,
			 tracking and dispensing of products containing medical marijuana and medical
			 marijuana waste.
(2) Use
			 the state inventory tracking system, established pursuant to section
			 3796.07 of
			 the Revised Code, to identify and track all information deemed necessary by the
			 state board of pharmacy as it relates to the dispensary's stock of medical
			 marijuana from the time it is received to the time it is dispensed to a patient
			 or caregiver. All information related to the receipt, dispensing, and
			 destruction of all medical marijuana, that the state board of pharmacy deems
			 necessary, shall be transmitted electronically to the department of commerce
			 through the inventory tracking system.
(3) Transmit electronically to the state
			 board of pharmacy the information related to the dispensing of all medical
			 marijuana as set forth in rules
			 3796:6-3-08
			 and
			 3796:6-3-10
			 of the Administrative Code.
(4)
			 Train each dispensary employee in the standard operating procedures related to
			 the receipt, storage, dispensing, and disposal of medical marijuana and retain
			 employee training attendance records.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-08 - Dispensing of medical marijuana

Current through all regulations passed and filed through July 1, 2024
(A) A dispensary is authorized to sell
			 medical marijuana only to:
(1) Qualified
			 patients,  eighteen
			 years of age and older, and designated
			 caregivers. No one other than employees of a dispensary shall sell medical
			 marijuana to a patient or caregiver; and
(2) Laboratories licensed under Chapter
			 4729-13 of the Administrative Code to possess dangerous drugs and controlled
			 substances for scientific and clinical purposes.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-09 - Labeling requirements for medical marijuana sold at a dispensary and accompanying materials

Current through all regulations passed and filed through July 1, 2024
(A)
								A dispensary
			 shall ensure that the following information is clearly provided on the outside
			 of each container or package containing medical marijuana, prior to sale:
(1)
									The business or
			 trade name and the license number of the cultivator that cultivated the
			 marijuana;
(2)
									The product identifier;
(3)
									The date and
			 quantity dispensed, including the net weight measured in ounces and grams or by
			 volume, as appropriate;
(4)
									The name and registry number of the patient and, if
			 applicable, the name of his or her designated caregiver;
(5)
									The name, address
			 and license number of the dispensary;
(6)
									The cannabinoid
			 profile and concentration levels and terpenoid profile as determined by the
			 testing laboratory;
(7)
									A warning that states: "This product may cause
			 impairment and may be habit-forming;"
(8)
									The statement:
			 "This product may be unlawful outside of the State of Ohio;"
(9)
									The date on
			 which the marijuana was harvested;
(10)
									If the product
			 is in a form other than plant material, the following must be included:
(a)
										The date on which
			 the product was manufactured and the name and license number of the processor
			 that manufactured the product;
(b)
										A list of all
			 ingredients and all major food allergens as identified in
			 21 USC
			 343;
(c)
										A warning that
			 states: "Caution: When eaten or swallowed, the effects and impairment caused by
			 this drug may be delayed;" and
(d)
										If a marijuana
			 extract was added to the product, a disclosure of the type of extraction
			 process and any solvent, gas or other chemical used in the extraction process
			 or any other compound added to the extract.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-11 - Duty to report

Current through all regulations passed and filed through July 1, 2024
(A)
								A person licensed
			 under this chapter is responsible to monitor for suspicious recommendations,
			 unusual usage, or questionable disposition of medical
			 marijuana.
(B)
								Each person licensed under this chapter shall notify
			 the following upon discovery of the theft or loss of any medical marijuana or
			 medical marijuana device, including medical marijuana in transit that was
			 either shipped from or to the dispensary:
(1)
									The state board
			 of pharmacy, by telephone immediately upon discovery of the theft or
			 loss;
(2)
									Law enforcement authorities with jurisdiction over the
			 location where the theft or loss occurred pursuant to section
			 2921.22
			 of the Revised Code.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-12 - Quality assurance to prevent dispensing errors

Current through all regulations passed and filed through July 1, 2024
(A) A dispensary shall display a sign
			 concerning the reporting of dispensing errors in a conspicuous location visible
			 to qualifying patients and caregivers. The sign shall:
(1) Measure a minimum of eight inches in
			 height and ten inches in width and the lettering shall be in a size and style
			 that allows such sign to be read without difficulty;
(2) Read: "If you have a concern that an
			 error may have occurred in the dispensing of your medical marijuana, you may
			 contact the state of Ohio board of pharmacy, using the contact information
			 found at medicalmarijuana.ohio.gov."
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-13 - Review of dispensing errors

Current through all regulations passed and filed through July 1, 2024
(A) A dispensary designated representative
			 shall notify all dispensary employees that the discovery or reporting of a
			 dispensing error shall be relayed immediately to a dispensary designated
			 representative.
(B)
								The dispensary designated representative shall report
			 an error in dispensing to the state board of pharmacy, in a manner determined
			 by the board, within forty-eight hours of learning of such
			 error.
(C) A dispensary
			 designated representative shall ensure that a quality assurance review for each
			 dispensing error is completed and that such review is commenced as soon as is
			 reasonably possible, but no later than two business days from the date the
			 dispensing error is discovered.
(D) A dispensary shall
			 create a record of every quality assurance review. This record must contain,
			 but is not limited to, the following:
(1) The
			 date or dates of the quality assurance review;
(2) The pertinent data and other information
			 relating to the dispensing error reviewed;
(3) Documentation of contact with the
			 qualifying patient, caregiver where applicable, and the recommending
			 physician;
(4) The findings and
			 determinations generated by the quality assurance review; and
(5) Recommended changes to dispensary policy,
			 procedure, systems or processes if any.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-14 - Destruction and disposal of medical marijuana

Current through all regulations passed and filed through July 1, 2024
(A) Medical marijuana products must be
			 destroyed by:
(1)
									Rendering it unusable following the methods set forth
			 in this rule; or
(2)
									Rendering it non-retrievable in accordance with methods
			 of destruction under
			 21 CFR
			 1317.90 (as of 4/1/2019).
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-15 - Dispensary patient and caregiver educational materials

Current through all regulations passed and filed through July 1, 2024
(A) Each dispensary
			 shall develop and maintain a policy regarding patient and caregiver education
			 and support.
(B) A patient and
			 caregiver education and support policy shall include:
(1) Information
			 regarding the signs and symptoms of substance abuse, including tolerance,
			 dependency, and withdrawal;
(2) Whether possession
			 of medical marijuana is illegal under federal law;
(3) Information about
			 possible side effects and contraindications for medical marijuana including
			 possible impairment with use and operation of a motor vehicle or heavy
			 machinery, when caring for children, or of job performance;
(4)
			 Guidelines for contacting the recommending physician if side effects or
			 contraindications occur;
(5) A warning that
			 smoking of medical marijuana is not permitted per Ohio law;
(6)
			 Information on drug-to-drug interactions, including interactions with alcohol,
			 prescription drugs, non-prescription drugs, and supplements; and
(7)
			 Offer any other appropriate patient education or support materials.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-16 - Monitoring, surveillance, and security requirements

Current through all regulations passed and filed through July 1, 2024
(A) All licensed
			 dispensaries shall maintain security policies and procedures that include, but
			 are not limited to:
(1) A security plan with
			 protocols for patient, caregiver, and employee safety and management and
			 security of medical marijuana and currency;
(2) Restricted access to the areas in the
			 dispensary that contain medical marijuana to authorized employees;
(3) Identification of authorized employees
			 through means including current employee identification card in the employee's
			 immediate possession whenever the employee is present at the
			 dispensary;
(4) Controlled access
			 and prevention of loitering both inside and outside of the facility;
(5) Conducting electronic
			 monitoring;
(6) Use of a panic
			 button; and
(7) Prepares for,
			 protects against, and addresses how to handle any crisis that affects the
			 security or operation of a dispensary in the event of strike, fire, flood or
			 other natural disaster, or other situations of local, state or national
			 emergency.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-17 - Record keeping requirements

Current through all regulations passed and filed through July 1, 2024
(A) Dispensary records may be maintained
			 either manually and/or electronically and
			 shall be available for inspection by the state
			 board of pharmacy in a readily retrievable manner
			 upon request. The dispensary shall develop recordkeeping policies and
			 procedures consistent with this division.
(B) Any dispensary that uses an electronic
			 system for the storage and retrieval of patient information or other medical
			 marijuana records, shall use a system that:
(1) Guarantees the confidentiality of the
			 information contained within;
(2)
			 Can be accessed by the state board of pharmacy in accordance with this
			 division;
(3) Can provide
			 safeguards against erasures and unauthorized changes in data after the
			 information has been entered and verified by the dispensary;
(4) Contains a true audit trail that
			 indicates and dates any edits or deletions to a patient record; and
(5) Is capable of being reconstructed or
			 retrieved within three business days, in the event of a computer malfunction or
			 accident resulting in the destruction of the database.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-18 - Release of records related to patient transactions maintained by dispensaries

Current through all regulations passed and filed through July 1, 2024
Dispensaries shall ensure the
				confidentiality of all records related to patient transactions, the contents of
				which may only be released to the following:
(A)
								The patient or
			 that patient's designated caregiver;
(B)
								The certified
			 physician who issued the recommendation to the patient;
(C)
								Certified or
			 licensed health care personnel who are responsible for the care of the
			 patient;
(D)
								The state board of pharmacy;
(E)
								Any person that
			 the dispensary is legally required to release the information to, including
			 upon issuance of a valid subpoena, court order, or other similar document only
			 in a criminal matter or an equivalent juvenile matter;
(F)
								If applicable, an
			 agent of a medical insurance company who provides insurance coverage for
			 medical marijuana upon authorization and proof of insurance by the patient or
			 proof by the insurance company for those medications requested;
(G)
								An agent who
			 contracts with the dispensary as a "business associate" in accordance with the
			 regulations promulgated by the secretary of the United States department of
			 health and human services pursuant to the federal standards for the privacy of
			 individually identifiable health information;
(H)
								Any person, other
			 than those listed in paragraphs (A) to (G) of this rule, only when the patient
			 has given consent for such disclosure in writing, except where a patient is
			 unable to deliver written consent, in which case, written consent must be
			 provided by the patient's caregiver or legal guardian.
(1)
									Any consent must
			 be signed by the patient or caregiver and dated.
(2)
									Any consent for
			 disclosure is valid until rescinded by the patient or
			 caregiver.
(3)
									In an emergency, a dispensary may disclose the
			 recommendation information when it is deemed to be in the best interest of the
			 patient. A dispensary employee making an oral disclosure in an emergency must
			 prepare a written statement showing the patient's name, the date and time the
			 disclosure was made, and the nature of the emergency, and the names of the
			 individuals by whom and to whom the information was disclosed.
Replaces: 3796:6-3-18
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-19 - Employee training requirements

Current through all regulations passed and filed through July 1, 2024
(A) A dispensary designated representative
			 shall establish and oversee a dispensary employee training program.
(B) Each dispensary shall maintain evidence
			 of all training provided for every dispensary employee in its files. Such
			 records are subject to inspection and audit by the state board of pharmacy.
			 Acceptable forms of evidence are:
(1)
			 Transcripts;
(2) Certificates of
			 completion; or
(3) Other form of
			 documentation which includes:
(a) The
			 participant's name;
(b) Course
			 title;
(c) Course
			 content;
(d) Date(s) of
			 training;
(e) Provider's name(s);
			 and
(f) Signature of the course
			 instructor.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-20 - Medical marijuana dispensary internal inventory control system

Current through all regulations passed and filed through July 1, 2024
(A) A dispensary designated representative
			 shall have primary oversight of the dispensary's medical marijuana inventory
			 control system. The inventory control system shall be real-time, web-based,
			 backed-up at least daily and accessible by the state board of pharmacy
			 immediately upon request.
(B) A
			 dispensary's inventory control system shall allow for tracking so that the
			 oldest stock of medical marijuana is distributed first. A dispensary may
			 deviate from this requirement, if such deviation is temporary and
			 appropriate.
(C) A dispensary shall
			 establish and implement an inventory control system for its medical marijuana
			 that documents an exact accounting of:
(1)
			 Each transaction and each day's beginning inventory, acquisitions, sales,
			 disposal and ending inventory.
(2)
			 Acquisitions of medical marijuana from a licensed processor or cultivator
			 holding a plant-only processor designation, including:
(a) A description of the products including
			 the quantity, strain, variety and batch number of each product
			 received;
(b) For each product, the
			 finished form, number of units or volume of each finished form in each
			 container, the number of commercial containers of each finished form;
(c) The name and license number of each of
			 the processors and cultivators providing the medical marijuana;
(d) The name and license number of the
			 licensed processor and cultivator agents delivering the medical
			 marijuana;
(e) The name and license
			 number of the licensed dispensary employee receiving the medical
			 marijuana;
(f) The date of
			 acquisition; and
(g) Any other
			 information deemed appropriate by the state board of pharmacy.
(3) Records of the sale or
			 dispensing of medical marijuana and denials of such sales, which shall contain:
(a) A description of the products including
			 the quantity, strain, variety and batch number of each product
			 dispensed;
(b) The name and license
			 number of the licensed dispensary employee selling, dispensing, or denying the
			 sale or dispensing of the medical marijuana;
(c) The date of dispensing; and
(d) The name and registration number of the
			 patient and, if applicable, the caregiver.
(4) The disposal of medical marijuana,
			 including:
(a) A description of the products,
			 including quantity, strain, variety, batch number and cause for the medical
			 marijuana being destroyed;
(b) The
			 name and license number of the dispensary employee destroying the medical
			 marijuana or medical marijuana product;
(c) The name and license number of the
			 dispensary key employee verifying the destruction of the medical marijuana or
			 medical marijuana product;
(d) The
			 method of disposal and the name, address and telephone number of the disposal
			 company; and
(e) The date of
			 disposal.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-21 - Recall procedures

Current through all regulations passed and filed through July 1, 2024
(A) A dispensary shall establish policies and
			 procedures to conduct mandatory and voluntary recalls of medical marijuana. The
			 procedure shall be adequate to deal with recalls due to any action initiated at
			 the request of the department of commerce or the state board of pharmacy and
			 any voluntary action by the dispensary to remove defective or potentially
			 defective medical marijuana from the market or any action undertaken to promote
			 public health and safety by replacing existing medical marijuana with improved
			 products or packaging.
(B) A
			 dispensary's policy must establish a plan for communicating a recall of medical
			 marijuana. The communication plan shall include:
(1) A mechanism to contact all customers who
			 have, or likely have, obtained the product from the dispensary. The
			 communication must include information on the process for return of the
			 recalled product;
(2) A mechanism
			 to contact the processor or cultivator that manufactured the recalled
			 product;
(3) Communication with the
			 state board of pharmacy, the department of commerce, and the state medical
			 board within twenty-four hours; and
(4) Outreach via media, as necessary and
			 appropriate.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-22 - Prohibitions

Current through all regulations passed and filed through July 1, 2024
(A) No dispensary employee may share office
			 space with, compensate, receive compensation from, or refer patients to a
			 physician holding a certificate to recommend issued by the state medical board
			 under section
			 4731.30
			 of the Revised Code.
(B) A
			 dispensary shall not allow a physician holding a certificate to recommend
			 issued by the state medical board under section
			 4731.30
			 of the Revised Code to conduct a physical examination of a patient or any
			 follow up care for purposes of diagnosing or treating a qualifying medical
			 condition at the dispensary.
(C) No
			 dispensary shall be open or in operation, and no person shall be in the
			 dispensary department, unless a designated representative is actively employed
			 by the dispensary and available for consultation by any dispensary employee. At
			 all other times, the dispensary shall be closed and properly secured, in
			 accordance with standard operating security procedures and in compliance with
			 this division.
(D) No dispensary
			 shall be left unattended by dispensary employees during hours of
			 operation.
(E) No dispensary shall
			 sell anything other than authorized medical marijuana, medical marijuana
			 products, medical marijuana devices, and advertising materials authorized
			 pursuant to rule
			 3796:6-3-24
			 of the Administrative Code.
(F) No
			 dispensary shall offer 
								discounts unless the discount is offered in accordance
			 with a written discount policy and:
(1)
									The discount is offered to all patients registered as
			 indigent or veteran under agency 3796. of the Administrative Code;
			 or
(2)
									The discount is offered equally to all patients or
			 caregivers registered under agency 3796. of the Administrative Code;
			 or
(3)
									The discount is offered to all patients registered
			 under agency 3796. of the Administrative Code also licensed as an employee for
			 a medical marijuana entity under agency 3796. of the Administrative Code
			 and:
(a)
										The
			 employee presents their employee identification card in addition to the
			 identification required under paragraph (C) of rule
			 3796:6-3-08
			 of the Administrative Code; and
(b)
										The discount does
			 not exceed the discount offered in accordance with paragraph (F)(1) of this
			 rule.