Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-07 - Security, control, and storage of medical marijuana at a dispensary

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant rule
			 3796:6-3-05
			 of the Administrative Code, a designated representative shall provide
			 supervision and control of medical marijuana and medical marijuana products and
			 adequate safeguards to ensure that such items are dispensed in accordance with
			 Chapter 3796. of the Revised Code and this division, by the following
			 procedures:
(1)
									A licensed dispensary key employee shall provide personal
			 supervision of the medical marijuana and medical marijuana products, order
			 forms, all records relating to the dispensing of medical marijuana and medical
			 marijuana products, unless the state board of pharmacy has issued written
			 approval to a dispensary allowing for the storage of records
			 off-site.
(2)
									Whenever personal supervision of medical marijuana and
			 medical marijuana products is not provided by a licensed dispensary key
			 employee, physical or electronic security of such items must be provided
			 according to the following requirements:
(a)
										The dispensary
			 department, restricted access areas and stock of medical marijuana must each be
			 secured by a physical barrier with suitable locks and an electronic barrier to
			 detect entry at a time when licensed dispensary employees are not present. The
			 physical barrier shall be constructed from floor to ceiling to separate the
			 public entry area from the dispensary department. Such a barrier, before being
			 put into use, must be approved by the state board of pharmacy.
(b)
										A restricted
			 access area within the dispensary department must contain all medical
			 marijuana, and if maintained on the licensed premises, all records relating to
			 the dispensing of medical marijuana, and any other items required to be under
			 personal supervision of a licensed dispensary employee.
(c)
										A dispensary
			 maintaining records at a location other than the premises licensed by the state
			 board of pharmacy or via a computerized recordkeeping system shall maintain an
			 executed agreement with the company possessing or storing the records
			 authorizing an agent of the state board of pharmacy access to the records
			 maintained in accordance with this rule within three business days, excluding
			 weekends and holidays. The dispensary is obligated to ensure the board receives
			 the records in the timeframe specified in this rule.
(d)
										No item, product,
			 record, or equipment that must be accessible to anyone other than a licensed
			 dispensary employee may be stored in restricted access areas.
(e)
										No medical
			 marijuana may be sold or otherwise dispensed at any time the dispensary
			 department is closed.
(3)
									Areas designated
			 for the dispensing and storage of medical marijuana shall meet the security
			 requirements in rule
			 3796:6-3-16
			 of the Administrative Code. No person may be within the physical confines of
			 the area designated for dispensing or storage of medical marijuana unless under
			 the personal supervision of a licensed dispensary employee.