3796:6-4-02 Compliance and inspection of medical marijuana dispensaries.

(A) Dispensaries are subject to random and unannounced dispensary inspections and medical marijuana testing by the state board of pharmacy.

(B) The state board of pharmacy and its authorized representatives may:

(1) Enter any place, including a vehicle, in which medical marijuana is held, stored, dispensed, sold, produced, delivered, transported, manufactured, or disposed of;

(2) Inspect in a reasonable manner, the place and all pertinent equipment, containers, and labeling and all things including records, files, financial data, sales data, shipping data, pricing data, personnel data, research, papers, processes, controls, and facility, and inventory of any stock of medical marijuana; and

(3) Obtain any medical marijuana or medical marijuana product, any labels or containers for medical marijuana, or paraphernalia.

(C) The state board of pharmacy may investigate an applicant, application, a dispensary with under a provisional license, a licensed dispensary, principle officer, dispensary employee, third party vendor or any other party associated with a dispensary for an alleged violation of Chapter 3796. of the Revised Code or this division or to determine qualifications to be granted a license by the state board of pharmacy.

(D) The state board of pharmacy may require an applicant, a dispensary under a provisional license, or a licensed dispensary to produce documents, records or any other material pertinent to the investigation of an application or alleged violation of Chapter 3796. of the Revised Code or this division. Failure to provide the required material may be grounds for denial or discipline.

(E) Every person charged with preparation, obtaining or keeping records, logs, reports or other documents in connection with Chapter 3796. of the Revised Code or this division, and every person in charge, or having custody of those documents shall, upon request by the state board of pharmacy, make the documents immediately available for inspection and copying by the state board of pharmacy, the state board of pharmacy's authorized representative or others authorized by law to review the documents.

(F) All information collected by the state board of pharmacy in the course of an examination, inspection or investigation of a licensee or applicant, including, but not limited to, any complaint against a license filed with the state board of pharmacy and information collected to investigate a complaint, shall be maintained for the use of the state board of pharmacy and shall not be disclosed except as authorized by state or federal law.

Cite as Ohio Admin. Code 3796:6-4-02

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.04 , 3796.14, 3796.15