3796:2-2-04 Cultivator inventory control and storage.

(A) A cultivator shall track and submit into the inventory tracking system any information the department determines necessary for maintaining and tracking medical marijuana. 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 growth cycle, whichever occurs sooner, the cultivator shall securely attach a tag to the plant or the plant's container that includes, at a minimum, the following information:

(1) The cultivator's name and license number;

(2) The registered name of the strain;

(3) The unique plant identifier; and

(4) General information regarding the plant that is used for traceability.

(B) Prior to commencing business, each cultivator shall do the following:

(1) Conduct an initial comprehensive inventory of all medical marijuana at the cultivator. If the cultivator commences business with no medical marijuana on hand, the cultivator shall record this fact as the initial inventory; and

(2) Establish ongoing inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of medical marijuana for traceability in the department's inventory tracking system, which shall enable the cultivator to detect any diversion, theft, or loss in a timely manner.

(C) Upon commencing business, each cultivator shall prepare a weekly inventory of medical marijuana at the facility, which shall include, at a minimum, the following:

(1) The date of the inventory;

(2) The amount of medical marijuana on hand, which shall include the following:

(a) The total count of plants, whether in the flowering, vegetative, or clone phase of growth and organized by room in which the plants are being grown;

(b) The batch number, weight, and strain name associated with each batch at the cultivator's facility that has been quarantined for testing or ready for sale to a processor or dispensary; and

(c) The total number of plants and every unique plant identifier that have been harvested, but are not yet associated with a batch.

(3) The amount of medical marijuana sold since previous weekly inventory, which shall include the following:

(a) The date of sale;

(b) The license number and name of the processor or dispensary to which the medical marijuana was sold; and

(c) The batch number, registered product name and quantity of medical marijuana sold.

(4) The date, quantity, and method of disposal of medical marijuana, if applicable;

(5) A summary of the inventory findings; and

(6) The name, signature, and title of the employees who conducted the inventory and oversaw the inventory.

(D) On an annual basis and as a condition for renewal of a cultivator license, a type 1 key employee shall conduct a physical, manual inventory of the medical marijuana on hand at the cultivator and compare the findings to an annual inventory report generated using the inventory tracking system. If any discrepancies are discovered outside of loss standard to the industry due to moisture loss and handling, the type 1 key employee shall report such findings to the department in accordance with rule 3796:5-4-01 of the Administrative Code.

(E) All inventories, procedures and other documents required by this rule shall be maintained on the premises and made available to the department at all times.

(F) A cultivator is authorized to store medical marijuana inventory on the premises in a designated, enclosed, locked facility identified in the cultivator's plans and specifications submitted to the department and accessible only by authorized individuals. Notwithstanding the requirements of this chapter, nothing shall prohibit members of the department, a department's designee, law enforcement, or other federal, state, or local government officials from entering any area of a cultivator if necessary to perform their governmental duties.

Cite as Ohio Admin. Code 3796:2-2-04

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