3796:2-2-03 Cultivator waste disposal.

(A) A cultivator shall dispose of undesired, excess, unauthorized, obsolete, adulterated, misbranded or deteriorated medical marijuana waste in the following manner:

(1) By disposal executed in accordance with the cultivator's disposal plan under the supervision of a type 1 key employee, as defined in paragraph (H)(1) of rule 3796:5-2-01 of the Administrative Code, and in such a manner as to render the medical marijuana waste unusable; or

(2) By surrender without compensation of such medical marijuana to the director or the director's designee, at the director's discretion.

(B) The disposal procedures established by the cultivator and submitted as part of the application process shall be sufficient to render medical marijuana waste unusable. Medical marijuana waste 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 cultivator, or may be composted in a secured area at the cultivation site for future use at the facility. Medical marijuana waste shall be rendered unusable by grinding and incorporating the medical marijuana waste with one or more of the non-consumable, solid wastes listed below, 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 or garden waste;

(5) Grease or other compostable oil waste;

(6) Bokashi, or other compost activators;

(7) Soil or other used growth media; or

(8) Other wastes approved by the department.

(C) The disposal of medical marijuana shall be performed by a type 1 key employee in the designated destruction area identified in the cultivator's plans and specifications submitted to the department. The disposal shall be performed under video surveillance from the time the destruction begins to when it is placed in a locked dumpster or other approved, locked container and removed from the facility.

(D) The type 1 key employee overseeing the disposal of medical marijuana shall maintain and make available in accordance with this chapter a separate record of every disposal indicating the following:

(1) The date and time of disposal;

(2) The manner of disposal;

(3) The volume and weight of the approved solid waste media used to render the medical marijuana unusable;

(4) The unique identification codes associated with the medical marijuana scheduled for destruction;

(5) The reasoning for and description of the disposal;

(6) The signature of the type 1 key employee overseeing the disposal of the medical marijuana; and

(7) If the medical marijuana waste for disposal contains plant material that was prepared for sale to a dispensary or processor, the batch number, strain, volume, and weight of the plant material being disposed of.

(E) The disposal of other waste from the cultivator that does not include medical marijuana, including hazardous waste and liquid waste, shall be performed in a manner consistent with federal and state law.

Cite as Ohio Admin. Code 3796:2-2-03

Effective: 5/6/2017
Five Year Review (FYR) Dates: 05/06/2022
Promulgated Under: 119.03
Statutory Authority: R.C. 3796.03
Rule Amplifies: R.C. 3796.03