Ohio Administrative Code › Title 3796:1 - Medical Marijuana › Chapter 3796:1-1 - Definitions › Section 3796:1-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) For
			 the purposes of administrative rules promulgated in accordance with Chapter
			 3796. of the Revised Code, the following definitions shall have the following
			 meanings:
(1) "Abandoned application" means an
			 application for a medical marijuana entity, patient or caregiver where the
			 applicant fails to meet the minimum requirements in order to receive
			 consideration, or is otherwise deemed abandoned pursuant to the rules
			 promulgated in accordance with Chapter 3796. of the Revised Code.
(2) "Adulterated medical marijuana" means
			 marijuana as defined by division (A)(1) of section
			 3796.01 of the
			 Revised Code in which any of the following applies:
(a) A substance has been mixed or packed with
			 the medical marijuana so as to reduce the quality or strength or the substance
			 has been substituted wholly or in part for the marijuana;
(b) It consists, in whole or in part, of any
			 filthy, putrid, or decomposed substance, including mold, mildew, and other
			 contaminants;
(c) It has been
			 produced, processed, prepared, packed, or held under unsanitary conditions
			 whereby it may have been contaminated with filth, or whereby it may have been
			 rendered injurious to health; or
(d) Its container is composed, in whole or in
			 part, of any poisonous or deleterious substance that may render the contents
			 injurious to health.
(3)
			 "Batch" means:
(a) All of the plant material
			 of the same variety of medical marijuana not to exceed fifteen pounds of
			 manicured, dried flowers or buds or twenty-five pounds of plant material,
			 excluding flowers and buds, that have been:
(i) Grown, harvested, and processed together;
			 and
(ii) Exposed to the same
			 conditions throughout cultivation.
(b) Any amount of medical marijuana extract
			 resulting from a single iteration of a specified extraction process, using the
			 same batch or batches of plant material, as defined in paragraph (A)(3)(a) of
			 this rule.
(4) "Batch
			 number" means a unique numeric or alphanumeric identifier assigned prior to
			 testing to allow for inventory tracking and traceability.
(5) "Bona fide physician-patient
			 relationship" shall have the same meaning as used in the rule promulgated by
			 the state medical board of Ohio under section
			 4731.301
			 of the Revised Code.
(6)
			 "Certificate of operation" means a license authorizing a medical marijuana
			 entity to begin operating pursuant to Chapter 3796. of the Revised
			 Code.
(7) "Clone" means a
			 non-flowering plant cut from a mother plant that is no taller than eight inches
			 and is capable of developing into a new plant.
(8) "Cultivate" means to grow, harvest,
			 package, and transport medical marijuana pursuant to Chapter 3796. of the
			 Revised Code.
(9) "Cultivator", as
			 used in Chapter 3796. of the Revised Code, means an entity that has been issued
			 a certificate of operation by the department to grow, harvest, package, and
			 transport medical marijuana as permitted under Chapter 3796. of the Revised
			 Code.
(10) "Department" means the
			 Ohio department of commerce.
(11)
			 "Designated caregiver" or "caregiver" means the individual designated by a
			 registered patient in a registry application and who holds an active caregiver
			 identification card.
(12)
			 "Director" means the director of the Ohio department of commerce.
(13) "Dispensary", as used in Chapter 3796.
			 of the Revised Code, means an entity licensed pursuant to sections
			 3796.04
			 and
			 3796.10
			 of the Revised Code and any rules promulgated thereunder to sell medical
			 marijuana to qualifying patients and caregivers.
(14) "Dispense" means the delivery of medical
			 marijuana to a patient or the patient's registered caregiver that is packaged
			 in a suitable container appropriately labeled for subsequent administration to
			 or use by a patient who has an active patient registration with the state of
			 Ohio board of pharmacy, authorizing them to receive medical
			 marijuana.
(15) "Disqualifying
			 offense" means:
(a) A conviction or plea of
			 guilty, including conspiracy to commit, attempt to commit, or aiding and
			 abetting another in committing, the following:
(i) Any offense set forth in Chapter 2925.,
			 3719., or 4729. of the Revised Code, the violation of which constitutes a
			 felony or misdemeanor of the first degree;
(ii) Any theft offense set forth under
			 division (K) in section
			 2913.01
			 of the Revised Code, the violation of which constitutes a felony;
(iii) Any violation for which a penalty was
			 imposed under section
			 3715.99 of the Revised
			 Code;
(iv) A crime of moral
			 turpitude as defined in section
			 4776.10
			 of the Revised Code; or
(v) A
			 violation of any former law of this state, any existing or former law of
			 another state, any existing or former law applicable in a military court or
			 Indian tribal court, or any existing or former law of any nation other than the
			 United States that is or was substantially equivalent to any of the offenses
			 listed in paragraphs (A)(15)(a)(i) to (A)(15)(a)(iv) of the Administrative
			 Code.
(b) Any first
			 degree misdemeanor offense listed in paragraphs (A)(15)(a) (i) to (A)(15)(a)(v)
			 of the Administrative Code will not automatically disqualify an applicant from
			 licensure if the applicant was convicted of or pleaded guilty to the offense
			 more than five years before the date the application for licensure is
			 filed.
(c) Notwithstanding
			 paragraph (A)(15)(a) or (A)(15)(b) of this rule, no misdemeanor offense,
			 including misdemeanors of the first degree, related to marijuana possession,
			 marijuana trafficking, illegal cultivation of marijuana, illegal use or
			 possession of drug paraphernalia or marijuana drug paraphernalia, or other
			 marijuana related crimes shall be considered a disqualifying offense.
(16) "Employee identification
			 card" means a badge issued by the department in accordance with rule
			 3796:5-2-01
			 of the Administrative Code.
(17)
			 "Expired" means medical marijuana that is beyond:
(a) The date specified by the cultivator in
			 its labeling for plant material, not to exceed one calendar year from its
			 harvest date;
(b) The date
			 specified by the processor in its labeling for medical marijuana products, not
			 to exceed one calendar year from its production date; or
(c) Fourteen days of the opening of its
			 processor-originated package by a dispensary employee.
(18) "Financial interest" means any actual or
			 future right to ownership, investment, or compensation arrangement with another
			 person, either directly or indirectly, through business, investment, spouse,
			 parent, or child, in a medical marijuana entity. Financial interest does not
			 include ownership of investment securities in a publicly-held corporation that
			 is traded on a national securities exchange or over-the-counter market in the
			 United States, provided the investment securities held by the person and the
			 person's spouse, parent, or child, in the aggregate, do not exceed one per cent
			 ownership in the medical marijuana entity.
(19) "Flowering stage" means the stage of
			 cultivation where and when a marijuana plant is cultivated to produce plant
			 material for medical marijuana products. This includes mature plants which are
			 identified by:
(a) If greater than two stigmas
			 are visible at each internode of the plant; or
(b) If the marijuana plant is in an area that
			 has been intentionally deprived of light for a period of time intended to
			 produce flower buds and induce maturation, from the exact moment the light
			 deprivation has started to occur and for the remainder of the marijuana plant
			 growth cycle in such area.
(20) "Inventory tracking system" means the
			 electronic database referenced in section
			 3796.07 of
			 the Revised Code used to monitor medical marijuana.
(21) "Label" means a display of printed
			 information on the immediate container or affixed to the container of any
			 product containing medical marijuana.
(22) "Law enforcement" means a police
			 department, office of a sheriff, state highway patrol, a county prosecuting
			 attorney, or a federal, state, or local governing body that enforces criminal
			 law and that has employees that have statutory power of arrest.
(23) "Level I cultivator" means a cultivator
			 that is permitted to operate up to twenty-five thousand square footage of space
			 designated as the marijuana cultivation area in the application, unless a
			 request for expansion is approved by the director of the department under rule
			 3796:2-1-09
			 of the Administrative Code.
(24)
			 "Level II cultivator" means a cultivator that is permitted to operate up to
			 three thousand square footage of space designated as the marijuana cultivation
			 area in the application, unless a request for expansion is approved by the
			 director of the department under rule
			 3796:2-1-09
			 of the Administrative Code.
(25)
			 "Lot" means any amount of medical marijuana products of the same exact type
			 produced using the same ingredients, extraction methods, standard operating
			 procedures, and batches of plant material or marijuana extract.
(26) "Lot number" means a unique numeric or
			 alphanumeric identifier assigned prior to testing to allow for inventory
			 tracking and traceability.
(27)
			 "Manufacture" means the process of converting harvested plant material into
			 marijuana extract by physical or chemical means for use as an ingredient in a
			 medical marijuana product.
(28)
			 "Marijuana cultivation area" means the boundaries of the enclosed areas in
			 which medical marijuana is cultivated during the vegetative stage and flowering
			 stage of the cultivation process. For purposes of calculating the marijuana
			 cultivation area square footage, enclosed areas used solely for the storage and
			 maintenance of mother plants, clones, or seedlings shall not be
			 included.
(29) "Medical marijuana"
			 has the same meaning as defined in division (A)(2) of section
			 3796.01 of the
			 Revised Code.
(30) "Medical
			 marijuana entity" means a licensed medical marijuana cultivator, processor,
			 dispensary, or testing laboratory.
(31) "Medical marijuana extract" means a
			 substance obtained by separating cannabinoids from any part of the marijuana
			 plant by physical or chemical means, so as to deliver a product with a
			 cannabinoid concentration greater than the raw plant material from which it is
			 derived, intended to be refined for use as an ingredient in a medical marijuana
			 product and not for administration to a registered patient.
(32) "Medical marijuana product" means a
			 product that contains cannabinoids that have been extracted from plant material
			 or the resin therefrom by physical or chemical means and is intended for
			 administration to a registered patient, including but not limited to oils,
			 tinctures, edibles, patches, and other forms approved under division (A)(6) of
			 section
			 3796.06
			 of the Revised Code. Medical marijuana products shall have a THC content of not
			 more than seventy per cent.
(33)
			 "Medical purpose" means the acquisition, administration, delivery, possession,
			 transfer, transportation, or use of medical marijuana to treat or alleviate a
			 registered patient's qualifying medical condition or symptoms associated with
			 the patient's qualifying medical condition.
(34) "Mother plant" means a marijuana plant
			 that is cultivated or maintained for the purpose of generating clones, and that
			 will not be used to produce plant material for sale to a processor or
			 dispensary.
(35) "Person" includes,
			 but is not limited to, a natural person, sole proprietorship, partnership,
			 joint venture, limited liability partnership or company, corporation,
			 association, agency, business, and not-for-profit organization.
(36) "Physician" means an individual
			 authorized under Chapter 4731. of the Revised Code to practice medicine and
			 surgery or osteopathic medicine and surgery.
(37) "Plant material" means the leaves,
			 stems, buds, and flowers of the marijuana plant, and does not include
			 seedlings, seeds, clones, stalks, or roots of the plant or the weight of any
			 non-marijuana ingredients combined with marijuana.
(38) "Plant-only processor" means a
			 cultivator, as defined in paragraph (A)(9) of this rule, that has received a
			 license from the department for the limited purposes of packaging, selling, and
			 delivering finished plant material directly to a licensed dispensary for sale
			 to a patient or caregiver.
(39)
			 "Processor", as used in Chapter 3796. of the Revised Code, means an entity that
			 has been issued a certificate of operation by the department to manufacture
			 medical marijuana products.
(40)
			 "Product identifier" means the unique number assigned by the Ohio board of
			 pharmacy for each dose and quantity of a registered product created by a
			 cultivator or processor to allow for inventory and traceability.
(41) "Program" means the Ohio medical
			 marijuana control program.
(42)
			 "Prohibited facility" means any school, church, public library, public
			 playground, or public park, as defined in section
			 3796.30
			 of the Revised Code.
(43)
			 "Provisional license" means a temporary license issued to a medical marijuana
			 entity that establishes the conditions that must be met by the medical
			 marijuana entity before the entity is issued a certificate of
			 operation.
(44) "Provisional
			 licensee" means an applicant issued a provisional license to operate as a
			 medical marijuana entity upon the issuance of a certificate of
			 operation.
(45) "Qualified
			 applicant" means an applicant for a medical marijuana entity license that
			 receives at least the minimum score in every category outlined in rule
			 3796:2-1-02
			 of the Administrative Code, as developed by the department.
(46) "Recommending physician" means a
			 physician, as defined by division (A) (5) of section
			 3796.01 of the
			 Revised Code, that holds a valid certificate to recommend medical marijuana
			 issued by the state medical board of Ohio under section
			 4731.30
			 of the Revised Code.
(47)
			 "Registered patient", or "patient" as used in Chapter 3796. of the Revised
			 Code, means an Ohio resident who has applied to the state of Ohio board of
			 pharmacy pursuant to section
			 3796.08 of the
			 Revised Code and who holds an active patient identification card. This also
			 includes residents of states with which reciprocity is established pursuant to
			 section
			 3796.16 of
			 the Revised Code and otherwise satisfy the requirements to use medical
			 marijuana.
(48) "Testing
			 laboratory" means an independent laboratory located in Ohio that has been
			 issued a certificate of operation by the department to have custody and use of
			 controlled substances for scientific and medical purposes and for purposes of
			 instruction, research, or analysis.
(49)
									"Tetrahydrocannabinol" or "THC" means all naturally or
			 artificially derived tetrahydrocannabinols, or any structural, optical or
			 geometric isomers, or analogs of tetrahydrocannabinols. This includes, but is
			 not limited to, delta-1 tetrahydrocannabinol; delta-6 tetrahydrocannabinol;
			 delta 3,4 tetrahydrocannabinol; delta-8-tetrahydrocannabinol; delta-9
			 tetrahydrocannabinol; delta-10 tetrahydrocannabinol; and any other cannabinoid
			 that the Department determines to have an intoxicating or psychoactive
			 effect.
(50)
			 "Tetrahydrocannabinol content" or "THC content" means the sum of the amount of
			 tetrahydrocannabinol (THC) and 87.7
			 per cent of the amount of detectable
									tetrahydrocannabinolic acid (THCA)
			 present in the product or plant material.
(51) "Unique plant
			 identifier" means a numeric or alphanumeric sequence, as determined by the
			 department, that is assigned to an individual plant when a plant reaches twelve
			 inches in height or is transplanted from a cloning medium or apparatus into a
			 growth medium or apparatus intended for the vegetative or flowering stages of
			 the growth cycle, whichever occurs sooner, to allow for inventory and
			 traceability in the inventory tracking system.
(52) "Vegetative
			 stage" means the stage of cultivation where and when a marijuana plant is
			 propagated to produce additional marijuana plants or reach a sufficient size
			 for production. This includes "seedlings," "clones," "mothers," and other
			 immature marijuana plants identified by:
(a)
			 having no more than two stigmas visible at each internode of the marijuana
			 plant and if the marijuana plant is in an area that has not been intentionally
			 deprived of light for a period of time intended to produce flower buds and
			 induce maturation; or
(b) any
			 marijuana plant that is cultivated solely for the purpose of propagating clones
			 and is never used to produce any medical marijuana.