Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-6 - Enforcement › Section 3796:5-6-01 - Scope of enforcement and enforcement powers

Current through all regulations passed and filed through July 1, 2024
Rules set forth in this chapter establish standards for the
				oversight and enforcement of the cultivation, processing, and testing of
				medical marijuana. Division 3796:5 of the Administrative Code also establish
				legal standards for the denial, suspension, or revocation of licenses issued by
				the department under Chapter 3796. of the Revised Code. If any portion of the
				rules is found to be invalid, the remaining portion of the rules shall remain
				in force and effect.
(A) Whenever it
			 appears to the department that a medical marijuana entity issued a provisional
			 license or certificate of operation by the department or a person possessing an
			 employee identification card issued by the department has engaged in, is
			 engaged in, or is about to engage in any act or practice declared to be
			 prohibited by Chapter 3796. of the Revised Code or the rules promulgated in
			 accordance with Chapter 3796. of the Revised Code, or when the department
			 believes that it is necessary for the program's administration, implementation
			 and enforcement, the department may do the following:
(1) Investigate activities which are, or are
			 suspected to be, prohibited and charge an investigation assessment;
(2) Serve all summonses, subpoenas,
			 administrative orders, notices, or other processes concerning the enforcement
			 of laws regulating medical marijuana and medical marijuana products;
(3) Issue either administrative subpoenas ad
			 testificandum or subpoenas duces tecum, or both, to compel the testimony of
			 witnesses or the production of any books and records, in paper or electronic
			 format, to be served by personal service or by certified mail, return receipt
			 requested;
(a) If the subpoena is returned
			 because of inability to deliver, or if no return is received within thirty days
			 of the date of mailing, the subpoena may be served by ordinary mail. If no
			 return of ordinary mail is received within thirty days after the date of
			 mailing, service shall be deemed to have been made. If the subpoena is returned
			 because of inability to deliver, the department may designate a person or
			 persons to effect either personal or residence service upon the
			 witness.
(b) The person designated
			 to effect personal or residence service under this paragraph may be the sheriff
			 of the county in which the witness resides or may be found or may be any other
			 duly designated person.
(c) The
			 fees and mileage of the person serving the subpoena shall be the same as those
			 allowed by the courts of common pleas in criminal cases, and shall be paid from
			 the funds of the department.
(4) Inspect, examine, or investigate any
			 premises or vehicle where medical marijuana or medical marijuana products are
			 grown, stored, cultivated, transported, processed, or tested, and any books and
			 records in any way connected with any such activity;
(5) Require any cultivator, processor, or
			 testing laboratory, or other person, upon demand, to permit an inspection of
			 premises or vehicles during business hours or at any time of
			 apparent operation; to permit inspection of marijuana equipment,
			  marijuana accessories, or books and
			 records; and to permit the testing of or examination of medical marijuana or
			 medical marijuana products;
(6)
			 Suspend, suspend without prior hearing, revoke, or refuse to renew a license or
			 registration issued under Chapter 3796. of the Revised Code or the rules
			 promulgated in accordance with Chapter 3796. of the Revised Code;
(7) Refuse to issue a provisional license or
			 certificate of operation;
(8) Issue
			 a cease and desist order;
(9)
			 Impose a civil penalty in an amount not to exceed fifty thousand dollars for
			 each violation, for any violation of Chapter 3796. of the Revised Code or the
			 rules promulgated in accordance with Chapter 3796. of the Revised
			 Code;
(10) Place conditions on an
			 applicant, license, licensee, or registrant; and
(11) Exercise any other power or duty
			 authorized by Chapter 3796. of the Revised Code or the rules promulgated in
			 accordance with Chapter 3796. of the Revised Code.