reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-1 - Generally › Section 3796:4-1-08 - Testing laboratory certificate of operation renewal

Current through all regulations passed and filed through July 1, 2024
(A)
								Every testing laboratory certificate of operation
			 issued by the department under this chapter shall expire annually on the date
			 it was issued. A renewal application for a testing laboratory, accompanied by
			 the proper renewal fee established under rule
			 3796:5-1-01 of the
			 Administrative Code, shall be filed with the department at least thirty days
			 prior to the expiration date of the certificate of operation.
(B)
								The department
			 shall grant a renewal application if the application is filed in a timely
			 manner, the testing laboratory submits the corresponding renewal fee, the
			 department confirms that nothing warrants the denial of the renewal under rule
			 3796:5-6-01
			 of the Administrative Code, and the testing laboratory passes a full
			 inspection, unless a full inspection was passed within three months before the
			 renewal date.
(C)
								If a renewal application is not filed prior to the
			 expiration date of the certificate of operation, the certificate of operation
			 shall be suspended for a maximum of thirty days, at which point it will be
			 deemed expired if the testing laboratory has not successfully renewed the
			 certificate of operation under paragraph (B) of this rule. Upon expiration of
			 the certificate of operation, the testing laboratory shall not engage in any
			 testing activities in furtherance of the business of the testing of medical
			 marijuana. The department shall not renew the certificate of operation and the
			 facility shall permanently cease its operations.
(D)
								If a testing
			 laboratory fails to achieve accreditation to the ISO/IEC 17025 "General
			 Requirements for the Competence of Testing and Calibration Laboratories"
			 standard within two years of the issuance of a provisional license, the
			 certificate of operation may not be renewed, at the discretion of the
			 department. If a testing laboratory fails to maintain accreditation to the
			 ISO/IEC 17025 "General Requirements for the Competence of Testing and
			 Calibration Laboratories" standard, including suspension by the accrediting
			 body or failure on the part of the laboratory to renew accreditation, the
			 certificate of operation may not be renewed, at the discretion of the
			 department.
Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-1 - Generally › Section 3796:4-1-09 - Winding down

Current through all regulations passed and filed through July 1, 2024
(A)
								If a testing
			 laboratory decides to voluntarily surrender or not renew its certificate of
			 operation and permanently discontinue business operations, the testing
			 laboratory shall provide written notice to the department at least ninety days
			 prior to the effective date of the closure. If the closure is the result of an
			 eviction notice, the testing laboratory shall immediately notify the department
			 of the eviction notice and the effective date of the notice. This notice shall
			 be provided prior to the testing laboratory taking any steps to wind down and
			 discontinue business operations.
(B)
								A testing
			 laboratory that notifies the department of its intent to voluntarily surrender
			 or not renew its certificate of operation under paragraph (A) of this rule
			 shall submit, within sixty days of the effective date, a written plan of
			 closure for approval by the department. This plan shall include, at a
			 minimum:
(1)
									The
			 destruction of medical marijuana samples on hand at the facility on the
			 effective date of the closure that will render the medical marijuana unusable,
			 including the date of such destruction and an attestation signed by a witness
			 to the destruction;
(2)
									The sale or removal of equipment and products ancillary
			 to the testing of medical marijuana;
(3)
									The retention of
			 all records required to be maintained in accordance with the applicable records
			 retention schedules;
(4)
									The removal or disposal of any solvents or other
			 chemicals used in the testing of medical marijuana, which shall be carried out
			 in accordance with all applicable local, state, and federal
			 laws.
(5)
									The steps that will be taken to maintain compliance
			 with Chapter 3796. of the Revised Code, the rules promulgated in accordance
			 with Chapter 3796. of the Revised Code, and any other conditions required by
			 the director until the approved closure date;
(6)
									The closure and
			 intended use of the premises in which the testing laboratory was
			 located.
(7)
									Documentation of withdrawal from ISO/IEC 17025 "General
			 Requirements for the Competence of Testing and Calibration Laboratories"
			 accreditation.
Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-2 - Operations › Section 3796:4-2-02 - Testing laboratory proficiency testing and certification

Current through all regulations passed and filed through July 1, 2024
(A)
								Within two calendar years of the date of issuance of a
			 provisional license by the department, a testing laboratory shall become
			 accredited to the ISO/IEC 17025 "General Requirements for the Competence of
			 Testing and Calibration Laboratories" standard by a non-profit accreditation
			 body that is signatory to the "International Laboratory Accreditation
			 Cooperation (ILAC) Mutual Recognition Agreement (MRA)" and which operates in
			 accordance with ISO/IEC 17011 "General Requirements for accreditation Bodies
			 Accrediting Conformity Assessment Bodies," and shall consent to have all
			 inspections and reports pertaining to certification and accreditation made
			 available to the department.
(1)
									 If the director believes that a testing laboratory has
			 failed to meet the requirements of paragraph (A) of this rule, the director may
			 issue a notice of noncompliance to a licensed testing laboratory. The notice
			 shall include the factual basis for the director's belief, including any
			 appropriate supporting documentation.
(2)
									Upon a notice
			 issued pursuant to paragraph (B) of this rule, a testing laboratory may respond
			 with any evidence sufficient to prove that the testing laboratory has met, and
			 continues to meet, the standards established by paragraph (A) of this
			 rule.
(3)
									If a testing laboratory fails to respond to a notice
			 issued, or the director determines the evidence provided is insufficient to
			 establish that the conditions in paragraph (A) of this rule have been met, the
			 director shall move to fine, suspend, or revoke the testing laboratory
			 certificate of operation pursuant to rule
			 3796:5-6-01
			 of the Administrative Code.
(4)
									At any time prior
			 to the issuance of a notice of noncompliance under this rule, a testing
			 laboratory may petition the director to toll computation of the time frames
			 provided in paragraph (A) of this rule. Such a petition shall provide the
			 following:
(a)
										
			 An explanation of the facts and circumstances that will not allow the testing
			 laboratory to become certified and accredited as required in paragraph (A) of
			 this rule; and
(b)
										A plan for how and when the testing laboratory will be
			 able to meet the requirement of paragraph (A) of this rule, with specific
			 attention to how such a plan will allow the testing laboratory to meet the
			 standards established in paragraph (A).
(5)
									Upon receipt of a
			 petition under paragraph (E) of this rule, the director may stay the
			 requirement of paragraph (A) of this rule for a testing laboratory. A
			 director's order staying the requirement of paragraph (A) of this rule shall
			 state the date upon which the stay is lifted using information provided by the
			 testing laboratory in accordance with paragraph (E)(2) of this
			 rule.
Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-2 - Operations › Section 3796:4-2-03 - Testing laboratory sample procurement

Current through all regulations passed and filed through July 1, 2024
(A)
								A testing
			 laboratory shall collect samples of harvested plant material for analysis from
			 a cultivator. Samples must be taken from each segregated, homogenized batch of
			 harvested marijuana, as defined in rule
			 3796:1-1-01 of the
			 Administrative Code, in such a manner as to ensure that a random sample is
			 selected.
(B)
								A testing laboratory shall collect samples of medical
			 marijuana products for analysis from a processor. Samples must be taken from
			 each lot of medical marijuana products, as defined in rule
			 3796:1-1-01 of the
			 Administrative Code, in such a manner as to ensure that a random sample is
			 selected.
(C)
								A testing laboratory may collect samples of
			 marijuana-derived ingredients, including but not limited to extracts, intended
			 for use in the manufacture of medical marijuana products, if analysis is
			 requested by a processor. Samples must be taken from each batch of
			 marijuana-derived ingredients in such a manner as to ensure that a random
			 sample is selected. Tests performed on medical marijuana extract may satisfy
			 the requirements set forth in paragraph (C) of rule
			 3796:4-2-04
			 of the Administrative Code for the following analyses:
(1)
									Mycotoxin
			 contamination;
(2)
									Heavy metal contamination;
(3)
									Pesticide and
			 fertilizer residue contamination; or
(4)
									Residual solvent
			 contamination.
Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-2 - Operations › Section 3796:4-2-04 - Testing laboratory analysis requirements

Current through all regulations passed and filed through July 1, 2024
(A) A testing laboratory shall analyze a
			 sample of at least one half of one percent of the net weight of the batch from
			 each batch of dried, cured plant material intended to be sold to a dispensary
			 licensed by the state of Ohio board of pharmacy for, at minimum:
(1) Moisture content;
(2) Water activity;
(3) Cannabinoid potency including, at
			 minimum:
(a) Delta-8-tetrahydrocannabinol;-
(b) Delta-8-tetrahydrocannabinolic
			 acid;;
(c)
										Delta-9-tetrahydrocannabinol;
(d)
										Delta-9-tetrahydrocannabinolic acid;
(e)
										Cannabidiol (CBD);
(f)
										Cannabidiolic
			 acid (CBDA);
(g)
										THC content as defined in rule 3796:1-1-01 of the
			 Administrative Code;
(h)
										Cannabinol (CBN); and
(i)
										Any other
			 cannabinoid determined by the department.
(4) Foreign matter contamination;
(5) Microbial contamination;
(6) Mycotoxin contamination;
(7) Heavy metal contamination including, at a
			 minimum, arsenic, cadmium, lead, and mercury; and
(8) Pesticide and fertilizer
			 residue.
Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-2 - Operations › Section 3796:4-2-05 - Testing laboratory reporting

Current through all regulations passed and filed through July 1, 2024
(A) A testing laboratory performing analysis
			 on medical marijuana shall input the results of analysis into the inventory
			 tracking system. The department may require a testing laboratory to submit, in
			 portable document format (.pdf), an electronic copy of the results of analysis
			 of any batches and lots tested to an email address specified and maintained by
			 the department.
(B) A testing
			 laboratory performing analysis on medical marijuana shall create a unique
			 certificate of analysis for each batch or lot tested, which shall include, at
			 minimum:
(1) The name and license number of
			 the testing laboratory where the analysis was performed;
(2) The name and license number of the
			 cultivator or processor from whom the sample was received;
(3) The registered name of the medical
			 marijuana strain or medical marijuana product that was registered with the
			 department;
(4) A unique batch or
			 lot number as defined in rule
			 3796:1-1-01 of the
			 Administrative Code that will match the sample of medical marijuana or medical
			 marijuana products with a batch or lot, in order to facilitate any warnings or
			 recalls the department deems appropriate;
(5) The date or dates on which each test was
			 performed;
(6) A grid or table
			 listing all tests performed, and indicating "pass" or "fail" for each, as
			 defined in rule
			 3796:4-2-04
			 of the Administrative Code.
(7) The
			 cannabinoid profile of the sample, including the percentage content by weight
			 for, at minimum:
(a)
										Delta-8-tetrahydrocannabinol;
(b)
										Delta-8-tetrahydrocannabinolic acid;
(c)
			 Delta-9-tetrahydrocannabinol ;
(d)
			 Delta-9-tetrahydrocannabinolic acid ;
(e) Cannabidiol
			 (CBD);
(f) Cannabidiolic acid
			 (CBDA);
(g)
										THC content as
			 defined in rule 3796:1-1-01 of the Administrative Code;
(h)
			 Cannabinol (CBN); and
(i)
										 Any other
			 cannabinoid determined by the department.
(8) Moisture content;
(9) Water activity;
(10) Results of analysis for foreign matter
			 contamination;
(11) Quantitative
			 results of analysis for microbial contamination;
(12) Quantitative results of analysis for
			 heavy metal contamination;
(13)
			 Quantitative results of analysis for pesticide and fertilizer
			 residue;
(14) Quantitative results
			 of analysis for mycotoxins;
(15)
			 Quantitative results of analysis for residual solvents; and
(16) The signature of the laboratory manager
			 or scientific director certifying the analysis.
Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-2 - Operations › Section 3796:4-2-06 - Testing laboratory waste disposal

Current through all regulations passed and filed through July 1, 2024
(A) Upon completion of the required analysis
			 performed on any given sample, a testing laboratory shall immediately dispose
			 of any medical marijuana waste or excess medical marijuana not used during the
			 sample analysis in accordance with the testing laboratory's disposal plan and
			 in such a manner as to render the medical marijuana unusable.
(B) The disposal procedures established by
			 the testing laboratory and submitted as part of the application process shall
			 be sufficient to render unusable any medical marijuana waste or excess medical
			 marijuana not used during the sample analysis. Medical marijuana waste or
			 excess medical marijuana that is rendered unusable shall be discarded into a
			 locked dumpster or other approved, locked container for removal from the
			 facility by a waste removal company selected by the testing laboratory. Medical
			 marijuana waste or excess medical marijuana shall be rendered unusable by
			 grinding and incorporating the medical marijuana waste with one or more of the
			 non-consumable, solid wastes listed in this paragraph, such that the resulting
			 mixture is at least fifty-one per cent non-marijuana waste:
(1) Paper waste;
(2) Cardboard waste;
(3) Food waste;
(4) Yard waste;
(5) Soil or other growth media;
(6) Other wastes approved by the
			 department.
Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-2 - Operations › Section 3796:4-2-07 - Testing laboratory security

Current through all regulations passed and filed through July 1, 2024
(A)
								The department
			 shall determine the appropriate security requirements for all testing
			 laboratory facilities, and may require additional safeguards to ensure the
			 security of medical marijuana. A testing laboratory shall comply with the
			 security plan submitted as part of its testing laboratory provisional license
			 application. At a minimum, the testing laboratory shall:
(1)
									Install an
			 adequate security alarm system around the perimeter, utilizing commercial grade
			 equipment, to prevent and detect diversion, theft, or loss of medical
			 marijuana;
(2)
									Utilize a video surveillance recording system installed
			 by a vendor that is approved by the department and that meets the standards
			 required by the department to prevent and detect diversion, theft, or loss of
			 medical marijuana;
(3)
									Maintain all security system equipment and video
			 surveillance systems in a secure location so as to prevent theft, loss,
			 destruction, or alteration;
(a)
										A testing laboratory shall limit access to surveillance
			 areas to type 1 key employees that are essential to surveillance operations,
			 law enforcement agencies, security system service employees, the department,
			 and others when approved by the department; and
(b)
										A testing
			 laboratory shall make available to the department, upon request, a current list
			 of type 1 employees and contractors who have access to the surveillance room. A
			 testing laboratory shall keep all on-site surveillance rooms locked and shall
			 not use such rooms for any other functions.
(4)
									Keep all approved
			 safes, approved vaults, or any other approved equipment or areas used for
			 storing medical marijuana samples securely locked and protected from
			 unauthorized access;
(5)
									Ensure the outside perimeter of the facility is
			 well-lit and in accordance with the testing laboratory's plan in its license
			 application;
(6)
									Restrict access to any area within the facility
			 containing medical marijuana samples to all persons except licensed employees
			 and agents or an individual permitted to access the facility under the
			 supervision of a licensed employee or agent in accordance with the visitor
			 authorization procedures set forth in rule
			 3796:5-2-01
			 of the Administrative Code.
(7)
									Limit the use of
			 combination numbers, passwords, or electronic or biometric security systems to
			 licensed, authorized employees, and prevent the sharing of any
			 employee-specific access credentials; and
(8)
									Not allow keys to
			 be left in the locks and not store or place keys or badges in a location
			 accessible to persons other than licensed, authorized
			 employees.
Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-2 - Operations › Section 3796:4-2-08 - Testing laboratory prohibited activities

Current through all regulations passed and filed through July 1, 2024
(A)
								A testing
			 laboratory shall not cultivate, process, manufacture, distribute, provide, or
			 sell medical marijuana in any form.
(B)
								A testing
			 laboratory shall not permit the consumption of medical marijuana in any form on
			 the premises.
(C)
								A testing laboratory shall not share a facility with a
			 cultivator, processor, or dispensary licensed under Chapter 3796. of the
			 Revised Code.
(D)
								A testing laboratory shall not falsify, change, modify,
			 or otherwise alter in any way the results of quantitative or other analyses
			 performed on medical marijuana samples or the corresponding certificates of
			 analysis.
(E)
								A testing laboratory shall not employ any sampling
			 methods that do not ensure that a random sample is collected for analysis, or
			 that could provide results that are not representative of a batch or lot from
			 which a sample is taken.
(F)
								A testing laboratory shall not prepare medical
			 marijuana samples in such a manner as to provide results that are not
			 representative of a batch or lot from which a sample is taken.
(G)
								A testing
			 laboratory shall not store medical marijuana in quantities greater than that
			 which is necessary to perform required analyses.
(H)
								A testing
			 laboratory shall not transport medical marijuana in quantities greater than
			 that which is necessary to perform required analyses.
(I)
								A testing
			 laboratory shall not perform analyses on any medical marijuana that has not
			 been obtained from a cultivator or processor licensed under Chapter 3796. of
			 the Revised Code.
(J)
								A testing laboratory shall not perform analyses on any
			 medical marijuana that has not been identified in the inventory tracking
			 system.
(K)
								A testing laboratory shall not endorse, advertise, or
			 make claims on behalf of any cultivator, processor, dispensary, brand or strain
			 of medical marijuana, or brand or type of medical marijuana
			 product.
(L)
								A testing laboratory shall not publish or otherwise
			 release to the public the results of any tests performed pursuant to paragraph
			 (D) of rule
			 3796:4-2-03
			 of the Administrative Code, except aggregated data obtained as part of a
			 research plan that has been approved by the department.
(M)
								An owner,
			 officer, board member, administrator, employee, agent, or other person who may
			 significantly influence or control the activities of a testing laboratory shall
			 not:
(1)
									Have a
			 direct or indirect financial interest in a cultivator, processor, or dispensary
			 licensed under Chapter 3796. of the Revised Code; or
(2)
									Serve as an
			 officer, board member, administrator, employee, agent, or other person who may
			 significantly influence or control the activities of a cultivator, processor,
			 or dispensary licensed under Chapter 3796. of the Revised Code.
Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-2 - Operations › Section 3796:4-2-09 - Testing laboratory record keeping requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								Each testing
			 laboratory shall keep and maintain upon the licensed premises for a five-year
			 period true, complete, legible, and current books and records. All required
			 records must be made available for inspection if requested by the department.
			 The following records shall be maintained:
(1)
									Records relating
			 to the disposal of excess medical marijuana and medical marijuana waste in
			 accordance with paragraph (E) of this rule and paragraph (D) of rule
			 3796:4-2-06
			 of the Administrative Code;
(2)
									Transportation
			 records in accordance with rule
			 3796:4-2-10
			 of the Administrative Code;
(3)
									Records of all
			 samples analyzed and the corresponding certificates of
			 analysis;
(4)
									Security records in accordance with paragraph (B) of
			 rule
			 3796:4-2-07
			 of the Administrative Code;
(5)
									Sample inventory
			 tracking records and sample inventory records maintained in the inventory
			 tracking system, as well as any records maintained by the facility outside the
			 inventory tracking system;
(6)
									Financial records
			 in accordance with paragraph (C) of this rule;
(7)
									Employee records
			 in accordance with paragraph (D) of this rule; and
(8)
									Records of any
			 theft, loss, or other unaccountability of any medical marijuana as described in
			 rule
			 3796:5-4-01
			 of the Administrative Code.
Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-2 - Operations › Section 3796:4-2-10 - Testing laboratory transportation of medical marijuana samples

Current through all regulations passed and filed through July 1, 2024
(A)
								Prior to transporting any medical marijuana samples,
			 regardless of form, a testing laboratory licensed by the department shall
			 maintain a transportation log, in writing, that contains the following
			 information:
(1)
									The name and address of the medical marijuana entity
			 from which the sample is taken;
(2)
									The name and
			 registration number of the registered testing laboratory employee transporting
			 the medical marijuana samples;
(3)
									The license plate
			 number and vehicle type that will transport the samples;
(4)
									The time of
			 departure and estimated time of arrival;
(5)
									The specific
			 travel route, which includes street names and distances; and
(6)
									The total weight
			 of the samples collected, a description of each sample, and the total number of
			 samples being transported.
Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-3 - Enforcement › Section 3796:4-3-01 - Testing laboratory enforcement

Current through all regulations passed and filed through July 1, 2024
(A)
								The submission of
			 an application that results in the issuance of a provisional license or
			 certificate of operation for a testing laboratory irrevocably gives the
			 department consent to conduct all inspections necessary to ensure compliance
			 with the testing laboratory's application, state law, Chapter 3796. of the
			 Revised Code and the rules promulgated under Chapter 3796. of the Revised Code.
			 The department may conduct the inspection independently, or may work with other
			 departments, state agencies, or local authorities, including the department of
			 agriculture, the department of industrial compliance and the state fire
			 marshal, to ensure compliance with the testing laboratory's application, state
			 law, Chapter 3796. of the Revised Code and the rules promulgated under Chapter
			 3796. of the Revised Code.
(B)
								An inspector
			 conducting an inspection pursuant to this rule does not need to be accompanied
			 by a licensed employee during the inspection. During an inspection, the
			 inspector may:
(1)
									Review and make copies of all records maintained in
			 accordance with rule
			 3796:4-2-07
			 of the Administrative Code;
(2)
									Enter any room in
			 the facility;
(3)
									Inspect facility vehicles;
(4)
									Review the
			 policies and procedures of the testing laboratory, including methods of
			 operating;
(5)
									Survey the premises and any off-site
			 facilities;
(6)
									Inspect all equipment, instruments, tools, materials,
			 machinery or any other resource used to analyze medical
			 marijuana;
(7)
									Request access to locked areas in the facility;
			 and
(8)
									Question licensed employees at the
			 location;
Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-1 - Fees › Section 3796:5-1-01 - Fee schedules

Current through all regulations passed and filed through July 1, 2024
(A) An applicant
			 for a license issued by the department or an applicant seeking employment with
			 a licensee shall submit the following non-refundable application fees with the
			 corresponding application:
(1) Level I
			 cultivator application fee shall be twenty thousand dollars.
(2) Level II cultivator application fee shall
			 be two thousand dollars.
(3)
			 Processor application fee shall be ten thousand dollars.
(4) Testing laboratory application fee shall
			 be two thousand dollars.
(5)
			 Employee identification card application fee shall be one hundred
			 dollars.
Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-2 - Employees › Section 3796:5-2-01 - Employee identification cards

Current through all regulations passed and filed through July 1, 2024
(A) Every owner, principal officer, board
			 member, employee, administrator, agent, or other person who may significantly
			 influence or control the activities of a cultivator, processor, or testing
			 laboratory must apply to the department for an employee identification card.
(1) The cultivator, processor, or testing
			 laboratory with which a person listed under paragraph (A) of this rule is
			 seeking employment shall submit the following information:
(a) A completed application;
(b) A copy of the applicant's valid driver's
			 license or state issued identification card establishing that the individual is
			 at least twenty-one years of age;
(c) A recognizable
			 headshot photograph of the applicant taken no more than six months before the
			 date of application;
(d) The name of the
			 cultivator, processor, or testing laboratory that the applicant seeks to work
			 for or otherwise be associated with;
(e)
			 The application fee; and
(f) Any additional
			 information requested by the department in the application.
Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-2 - Employees › Section 3796:5-2-02 - Criminal records check

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to
			 division (B)(1) of section
			 3796.12 of the Revised Code, any
			 person required to perform a criminal records check must submit fingerprint
			 impressions to the Ohio bureau of criminal identification and investigation for
			 a criminal records check of the applicant.
(B)
								Pursuant to
			 section 3796.13 of the Revised Code,
			 prospective employees for a medical marijuana entity licensed by the department
			 must submit fingerprint impressions to the Ohio bureau of criminal
			 identification and investigation for a criminal records check of the
			 applicant.
(C)
								A person required to submit a criminal records check
			 under paragraph (A) or (B) of this rule shall submit both a bureau of criminal
			 identification and investigation criminal records check and a federal bureau of
			 investigation criminal records check.
(D)
								The Ohio bureau
			 of criminal identification and investigation shall send results of the bureau
			 of criminal identification and investigation and the federal bureau of
			 investigation criminal records checks performed under this rule directly to the
			 department. The department requires that the criminal records check does the
			 following:
(1)
									Be based on electronic fingerprint impressions that are
			 submitted directly to the bureau of criminal identification and investigation
			 from a "WebCheck" provider agency. The department may accept the results of a
			 criminal records check based on ink impressions from a "WebCheck" provider
			 agency only if readable electronic fingerprint impressions cannot be obtained,
			 or if submission of ink impressions is otherwise authorized by the bureau of
			 criminal identification and investigation.
(2)
									Results will only
			 be considered valid if the fingerprint impressions were obtained within the
			 previous twelve months.
Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-2 - Employees › Section 3796:5-2-03 - Denial of an employee identification card

Current through all regulations passed and filed through July 1, 2024
(A)
								The department
			 shall deny an application for an employee identification card if any of the
			 following conditions exist:
(1)
									The applicant has been convicted of a disqualifying
			 offense;
(2)
									The applicant is not twenty-one years of
			 age;
(3)
									The application failed to include any of the required
			 application materials stated in paragraph (A) of rule
			 3796:5-2-01
			 of the Administrative Code; or
(4)
									The applicant has
			 had an application for drug enforcement administration registration or any
			 application for a license from a licensing agency under Chapter 4776. of the
			 Revised Code, denied, revoked, or surrendered for cause. "For cause" means
			 surrendering a registration in lieu of, or as a consequence of, any federal or
			 state administrative, civil, or criminal action resulting from an investigation
			 of the individual's handling of controlled substances.
Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-2 - Employees › Section 3796:5-2-04 - Provisional employee identification cards

Current through all regulations passed and filed through July 1, 2024
(A)
								The division may
			 issue a provisional employee identification card to any individual required to
			 obtain an employee identification card pursuant to rule 3796:5-2-01,
			 3796:6-2-07, or
			 3796:6-2-08 of the
			 Administrative Code.
(B)
								A licensee seeking a provisional employee
			 identification card shall submit the following to the division on behalf of the
			 applicant:
(1)
									All employee identification card application materials as
			 required under rule 3796:5-2-01,
			 3796:6-2-07 or
			 3796:6-2-08 of the
			 Administrative Code;
(2)
									The associated application fee as defined by rules
			 3796:5-2-02 and
			 3796:6-5-01 of the
			 Administrative Code; and
(3)
									Assurance by the licensed entity of the following on a
			 form prescribed by the division:
(a)
										The licensee conducted a thorough background evaluation
			 to confirm the applicant does not have a disqualifying offense, as defined by
			 rule 3796:1-1-01 of the
			 Administrative Code; and
(b)
										Confirmation that the applicant submitted all required
			 information to the Ohio bureau of criminal identification to obtain an Ohio and
			 federal bureau of criminal records check as required by sections
			 3796.12 and
			 3796.13 of the Revised
			 Code.
Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-3 - Transportation › Section 3796:5-3-01 - Transportation of medical marijuana and medical marijuana products

Current through all regulations passed and filed through July 1, 2024
(A)
								Prior to transporting any medical marijuana, regardless
			 of form, a medical marijuana entity licensed by the department shall maintain a
			 transportation log, in writing, that contains the following information:
(1)
									The names and
			 addresses of the medical marijuana entities sending and receiving the
			 shipment;
(2)
									The names and registration numbers of the registered
			 employees transporting the medical marijuana or the products containing medical
			 marijuana;
(3)
									The license plate number and vehicle type that will
			 transport the shipment;
(4)
									The time of departure and estimated time of
			 arrival;
(5)
									The specific delivery route, which includes street
			 names and distances; and
(6)
									The total weight of the shipment and a description of
			 each individual package that is part of the shipment, and the total number of
			 individual packages.
Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-4 - Loss or Theft › Section 3796:5-4-01 - Medical marijuana entity loss, theft, and emergency reporting

Current through all regulations passed and filed through July 1, 2024
(A)
								If a medical marijuana entity licensed by the
			 department has reason to believe that an actual loss, theft, or diversion of
			 medical marijuana has occurred, the medical marijuana entity shall notify
			 immediately the department and law enforcement. A type 1 key employee of the
			 medical marijuana entity licensed by the department shall provide the notice by
			 submitting a signed statement that details the estimated time, location, and
			 circumstances of the event, including an accurate inventory of the quantity and
			 type of medical marijuana unaccounted for due to diversion or theft. The notice
			 shall be provided no later than twenty-four hours after discovery of the
			 event.
(B)
								Within ten days of a report submitted under paragraph
			 (A) of this rule, a medical marijuana entity licensed by the department shall
			 do the following:
(1)
									Review and secure video surveillance footage during the
			 time of the suspected theft or diversion;
(2)
									Submit a report
			 that contains the following information:
(a)
										The names and
			 identification numbers of every employee at the facility at the time of the
			 theft or diversion;
(b)
										The internal measures take to locate the cause of the
			 loss, theft, or diversion; and
(c)
										The total
			 quantity and type of medical marijuana stolen or otherwise diverted following a
			 subsequent audit of the facility's actual inventory compared to the inventory
			 reported by the inventory tracking system.
(3)
									Submit to the
			 department a revised plan to secure the facility's inventory and measures that
			 will be taken to prevent future loss, theft, or diversion; and
(4)
									Identify all the
			 records at the facility and potential evidence outside the facility, including
			 video surveillance footage, that will be sealed and prevented from being
			 destroyed until a full investigation is conducted by the department and law
			 enforcement, if deemed necessary.
Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-5 - Distance from Public Spaces › Section 3796:5-5-01 - Medical marijuana entity distance from public spaces

Current through all regulations passed and filed through July 1, 2024
(A)
								In establishing the distance between a medical
			 marijuana entity and a prohibited facility, the distance shall be measured
			 linearly and shall be shortest distance between the closest point of the
			 property lines of the medical marijuana entity and the prohibited
			 facility.
(B)
								If a proposed expansion of a licensed medical marijuana
			 entity would result in the medical marijuana entity being located within five
			 hundred feet or less from the prohibited facility at the closest point of the
			 property lines of the medical marijuana entity and the prohibited facility, the
			 department shall deny the request for expansion.
(C)
								If the proposed
			 relocation plan of a licensed medical marijuana entity results in the medical
			 marijuana entity being located five hundred feet or less from a prohibited
			 facility at the closest point of the property lines of the medical marijuana
			 entity and the prohibited facility, the department shall deny the request for
			 relocation.
(D)
								If a medical marijuana entity has been issued a
			 provisional license or a certificate of operation prior to when a prohibited
			 facility becomes established and is located five hundred feet or less at the
			 closest point of the property lines of the medical marijuana entity and the
			 prohibited facility, the medical marijuana entity shall be permitted to
			 continue operating at that location, provided that the medical marijuana entity
			 does the following:
(1)
									Notifies the department or the state of Ohio board of
			 pharmacy, whichever agency is responsible for oversight of the entity's
			 license;
(2)
									Submits the existing security plan to the department or
			 the state of Ohio board of pharmacy, whichever agency is responsible for
			 oversight of the entity's license, for a determination as to the adequacy of
			 the existing security measures; and
(3)
									Agrees to
			 implement additional, reasonable measures to prevent access and make the
			 surrounding areas safe as deemed necessary by the department or the state of
			 Ohio board of pharmacy.
Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-6 - Enforcement › Section 3796:5-6-03 - General enforcement

Current through all regulations passed and filed through July 1, 2024
(A)
								No person whose
			 employee identification card has been revoked, nor any person whose actions led
			 to a medical marijuana entity's license being revoked, may make an application
			 for any cultivator, processor, or testing laboratory license or employee
			 identification card for at least five years from the date of such revocation or
			 final judicial decision upon appeal of an order of revocation.
(B)
								If a license is
			 voluntarily surrendered or is not renewed, the department shall not be
			 prohibited from imposing other penalties permitted by Chapter 3796. of the
			 Revised Code or the rules promulgated in accordance with Chapter 3796. of the
			 Revised Code, on any such license or licensee.
(C)
								Adjudicatory
			 hearings will be conducted pursuant to Chapter 119. of the Revised Code.
			 Sanctions described under rule
			 3796:5-6-01
			 of the Administrative Code are not mutually exclusive and may be imposed in any
			 combination.
Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-6 - Enforcement › Section 3796:5-6-04 - Variances

Current through all regulations passed and filed through July 1, 2024
The director may grant variances from
				rules promulgated in accordance with Chapter 3796. of the Revised Code in cases
				in which:
(A)
								Granting the variance is in the public
			 interest;
(B)
								The applicable provision is not statutorily mandated;
			 and
(C)
								The rule from which the variance is granted would, in
			 the particular case, be unreasonable or unnecessarily
			 burdensome.
Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-7 - Advertising › Section 3796:5-7-01 - Advertising

Current through all regulations passed and filed through July 1, 2024
(A)
								For purposes of this rule, "advertisement" means any
			 written or verbal statement, illustration, or depiction created to induce sales
			 through the use of or a combination of letters, pictures, objects, lighting
			 effects, illustrations, or other similar means. An "advertisement" includes
			 brochures, promotional and other marketing materials. An advertisement with a
			 high likelihood of reaching persons under the age of eighteen is
			 prohibited.
(B)
								The state of Ohio has a compelling interest in ensuring
			 that any advertisement or marketing campaigns related to or involving medical
			 marijuana does not encourage, promote, or otherwise create any impression that
			 marijuana is legal or acceptable to use in a manner except as specifically
			 authorized by Chapter 3796. of the Revised Code or the rules promulgated in
			 accordance with Chapter 3796. of the Revised Code, or that recreational
			 marijuana use has any potential health or therapeutic benefits, or that
			 recreational marijuana use or possession is somehow not
			 illegal.
(C)
								A cultivator, processor, or testing laboratory shall
			 not use a name, logo, sign, or other advertisement unless the name, logo sign,
			 or other advertisement has been submitted to the department and the applicable
			 advertisement fee has been paid. Materials submitted to the department shall
			 include, but are not limited to, the following:
(1)
									A brief
			 description of the format, medium, and length of the
			 distribution;
(2)
									A verification that an actual patient is not being used
			 on the advertisement;
(3)
									Verification that an official translation of a foreign
			 language advertisement is accurate;
(4)
									Annotated
			 references to support statements related to effectiveness of treatment;
			 and
(5)
									A final copy of the advertisement, including a video
			 where applicable, in a format acceptable to the department.
Ohio Administrative Code › Title 3796:5 - Administration and Enforcement › Chapter 3796:5-8 - Product Registration › Section 3796:5-8-01 - Product registration

Current through all regulations passed and filed through July 1, 2024
(A)
								Every medical
			 marijuana strain and every medical marijuana product shall be registered with
			 the department and assigned a product identifier by the state of Ohio board of
			 pharmacy before it may be sold to a dispensary or dispensed to a patient or
			 caregiver. Before a product is eligible for the assignment of a product
			 identifier, in accordance with rules promulgated by the state of Ohio board of
			 pharmacy, the product shall be registered with the department.
(B)
								Each registration
			 application shall include the proposed label, and any other items deemed
			 necessary by the department or in accordance with rules promulgated by the
			 state of Ohio board of pharmacy. A separate registration is required for each
			 package size and dose of a particular strain or product before the strain or
			 product may be offered for sale. A variation in ingredients shall constitute a
			 new product and require a separate product registration and product
			 identifier.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-1 - Definitions › Section 3796:6-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								"Abandoned application" means an application for a
			 dispensary provisional license where the applicant fails to complete all
			 application requirements within five calendar days after being notified by the
			 state board of pharmacy, subject to the factors that would otherwise remove the
			 applicant from consideration under Chapter 3796. of the Revised Code or this
			 division. An applicant forfeits all fees associated with an abandoned
			 application. The state board of pharmacy shall not be required to act on any
			 abandoned application and the application may be destroyed by the board staff.
			 If the application is abandoned, the applicant shall be required to reapply for
			 licensure in accordance with Chapter 3796. of the Revised Code and this
			 division, in effect at the time of reapplication.
(B)
								"Business day"
			 means any day other than Saturday, Sunday or a holiday recognized by the state
			 of Ohio on which the state board of pharmacy is not open for
			 business.
(C)
								"Designated representative" means the dispensary key
			 employee responsible for acting in compliance with rule
			 3796:6-3-05
			 of the Administrative Code.
(D)
								"Dispensary
			 department" means a building, room or other area under the control of a
			 dispensary and upon the licensed premises with access limited to patients,
			 caregivers, dispensary employees or service professionals conducting business
			 with the dispensary and who are escorted and supervised by a dispensary
			 employee, and other persons authorized by section
			 3796.05 of the Revised Code and
			 this division.
(E)
								"Dispensary district" or "district" means a geographic
			 region, established by the state board of pharmacy, in accordance with division
			 (B)(3) of section 3796.05 of the Revised
			 Code.
(F)
								"Dispensary employee" means an any or all of the
			 following:
(1)
									
			 "Dispensary associated key employee" means an owner or prospective owner,
			 officer or board member or prospective board member of the entity seeking a
			 dispensary license.
(2)
									"Dispensary key employee" means an administrator or
			 other person responsible for the daily operation of a licensed
			 dispensary.
(3)
									"Dispensary support employee" means an employee who
			 works within a dispensary but who does not have authority to make operational
			 decisions.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-01 - Requests for application to operate medical marijuana dispensaries

Current through all regulations passed and filed through July 1, 2024
(A) The state board
			 of pharmacy will provide notice of a request for applications to operate a
			 dispensary by posting at
www.medicalmarijuana.ohio.gov
,
			 and such other places as the board deems appropriate.
(B) When the
			 board issues a request for applications pursuant to this rule, the board will
			 include in the request:
(1) The
			  procedure that will be used to
			 award
			 provisional dispensary licenses;
(2) Information on how to obtain an
			 application;
(3) Acceptable methods
			 for submitting applications;
(4)
			 The maximum number of licenses to be awarded;
(5) Preferred geographic distribution of
			 dispensary sites; and
(6) Any
			 additional information deemed necessary by the state board of
			 pharmacy.