3796:4-2-06 Testing laboratory waste disposal.

(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.

(C) The disposal of medical marijuana waste and excess medical marijuana not used during the sample analysis shall be performed by a type 1 key employee, as defined in paragraph (H) of rule 3796:5-2-01 of the Administrative Code, 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 employee overseeing the disposal of excess medical marijuana shall maintain and make available in accordance with this chapter a separate record of every disposal indicating:

(1) The date and time of disposal;

(2) The manner of disposal;

(3) The volume and weight of the excess medical marijuana;

(4) The solid waste used to render the excess medical marijuana unusable; and

(5) The signature of the type 1 employee overseeing the disposal of the medical marijuana.

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

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: R.C. 3796.03
Rule Amplifies: R.C. 3796.03