Chapter 1301:18-5 | Cultivator Certification and Requirements

Rule 1301:18-5-01 | Cultivator Certificate of Operation.

• Effective: December 20, 2024
• Promulgated Under: 119.03

(A) Unless otherwise authorized by the division of cannabis control, each cultivator shall not engage in any activity authorized under these rules until the division issues the cultivator a certificate of operation.

(B) The division shall not issue a provisional cultivator a certificate of operation unless and until the cultivator meets all requirements outlined under division 1301:18 of the Administrative Code.

(C) Each cultivator shall have twelve months from the date the cultivator is issued a provisional license pursuant to these rules to obtain a certificate of operation.

(D) Upon receipt of its certificate of operation, a cultivator may engage in the following activities:

(1) Cultivate cannabis;

(2) Distribute, transfer, and sell cannabis to a cultivator, processor, or dispensary licensed pursuant to division 1301:18 of the Administrative Code; and

(3) Transfer cannabis for research and development or state-required testing to a laboratory licensed pursuant to division 1301:18 of the Administrative Code.

(E) A certificate of operation shall be issued to, and valid only for, the designated business entity, owners, and licensed premises specified within the cultivator's initial application for licensure pursuant to rule 1301:18-2-02 of the Administrative Code.

Last updated December 20, 2024 at 7:42 AM

Supplemental Information

Authorized By: 3780.03, 3796.03
Amplifies: 3780.03, 3780.12, 3796.03, 3796.09
Five Year Review Date: 12/20/2029

Rule 1301:18-5-02 | Cultivator Uninterrupted Supply of Cannabis.

• Effective: December 20, 2024
• Promulgated Under: 119.03

(A) Each cultivator shall conduct its daily business and cultivation activities in a manner that ensures a consistent supply of cannabis plant material is available for sale to customers.

Evidence of a cultivator's consistent supply pursuant to this rule is shown by not more than one hundred twenty calendar days elapsing between both of the following:

(1) Harvests totaling at least fifteen pounds of cannabis plant material; and

(2) Sale or transfer totaling at least twenty pounds of cannabis plant material for level I cultivators and ten pounds of cannabis plant material for level II cultivators.

(B) A cultivator may petition the division of cannabis control to toll computation of the timeframes provided in paragraph (A) of this rule. Such a petition shall be in writing and provide:

(1) An explanation of the facts and circumstances that prevent the cultivator's compliance with paragraph (A) of this rule; and

(2) A written plan, outlined in specific detail with the cultivator's intended actions and projected timeline, to ensure the cultivator complies with this rule.

(3) Upon receipt of a petition under this paragraph, the division may stay the requirement of paragraph (A) of this rule for the cultivator. A division order staying the requirement of paragraph (A) of this rule will state the date upon which the stay is lifted.

Last updated December 20, 2024 at 7:42 AM

Supplemental Information

Authorized By: 3780.03, 3796.03
Amplifies: 3780.03, 3780.12, 3796.03, 3796.09
Five Year Review Date: 12/20/2029

Rule 1301:18-5-03 | Cultivator Operating Procedures and Quality Assurance.

• Effective: August 28, 2025
• Promulgated Under: 119.03

(A) Each cultivator shall establish, maintain, and comply with written policies and procedures for the daily operation and cultivation of cannabis. The cultivator's standard operating policies and procedures shall ensure the safe cultivation and distribution of cannabis and compliance with all mandates under division 1301:18 of the Administrative Code.

(B) Major modifications

(1) Any proposed major renovation or modification of the licensed premises shall be submitted to the division prior to implementation.

(2) The division of cannabis control will review the proposed modification and may do any of the following:

(a) Approve the submission;

(b) Deny the submission; or

(c) Mandate updates to the submission to ensure compliance with this chapter.

(3) The division may inspect the licensed premises pursuant to any proposed major renovation or modification.

(4) A cultivator shall not proceed with any major modification unless and until the division provides the cultivator written approval to do so.

(C) Each cultivator shall ensure the licensed premises:

(1) Conforms with all relevant local ordinances, zoning and planning requirements, and fire codes;

(2) Prominently displays its certificate of operation and license seal issued by the division;

(3) Contains sufficient lighting to ensure visibility, security, and proper surveillance;

(4) Maintains proper cleanliness, ventilation, temperature control, and sanitation of the facility to ensure safe and consistent inventory;

(5) Conducts routine calibration of all scales, balances, or other weight or mass measuring devices using "National Institute of Standards and Technology" (NIST)-traceable reference weights, at least annually, by an independent third party approved by the division.

(6) Pursuant to rule 1301:18-3-14 of the Administrative Code, documents the following utilized at the licensed premises:

(a) Cultivation methods and standards;

(b) Cannabis strains with respective cannabinoid profiles cultivated at the facility; and

(c) If applicable, cannabis technology solutions, including remediation by irradiation, gas treatment such as ozone, radio frequency, and UV light.

(D) Designated areas within the facility.

(1) Each cultivator shall designate areas within the facility that are compartmentalized based upon function and restrict movement between the different production areas by personnel based on access credentials assigned by the facility.

(2) Each cultivator shall maintain the following designated, secure limited access areas accessible only by authorized registered employees:

(a) A cannabis cultivation area;

(b) A storage area for all cannabis;

(c) A security area for all security and surveillance systems and equipment;

(d) A preparation and packaging area for all cannabis intended for distribution;

(e) A cannabis destruction and disposal area that complies with rule 1301:18-3-12 of the Administrative Code; and

(f) An area for receipt of all deliveries to the facility.

(E) Employees

(1) Prior to commencing employment, each cultivator shall ensure all employees are registered with the division pursuant to rule 1301:18-3-09 of the Administrative Code and receive adequate education and training on standard operating procedures and as mandated by rule 1301:18-3-10 of the Administrative Code.

(2) All registered employees are to display their employee badge at all times during working hours.

(3) A registered responsible party as outlined by rule 1301:18-3-09 of the Administrative Code is to be present at the licensed premises at least twenty hours per week.

(F) Requirements for fertilizers and pesticides, herbicides, and other similar chemicals.

(1) Each cultivator shall ensure all fertilizers, pesticides, herbicides, and other similar chemicals are:

(a) Properly stored and in a manner that protects against contamination; and

(b) Disposed of in compliance with all state and federal laws and regulations and complies with all directions outlined on the product label.

(2) Any person applying the above-referenced chemicals or materials is to adhere to all use requirements outlined on the product label and utilize all applicable personal protective equipment.

(3) Pursuant to rule 1301:18-3-14 of the Administrative Code, each cultivator shall document all fertilizers and pesticides, herbicides, and other similar chemical applications utilized during the cultivation process and include the following information for each application:

(a) Date and time of application;

(b) Stage of cultivation process;

(c) Date when the plants in the application area were moved to the flowering stage, if applicable;

(d) United States environmental protection agency registration number, if applicable;

(e) Analysis of the fertilizer, pesticide, herbicide, or other similar chemical applied;

(f) Application site, which shall be identified by the location legend maintained by the cultivator;

(g) Name of the product being applied;

(h) Amount applied;

(i) Unique plant identifier or other information that identifies which plants received the application;

(j) Size of the application area;

(k) Name of individual making the application; and

(l) Comments or special conditions related to the application.

(m) Each cultivator shall maintain these records in a manner so they are readily available upon request of a dispensary or customer.

(4) Fertilizers: in addition to the other mandates outlined under this paragraph, any specialty fertilizer, as defined in division (Q) of section 905.31 of the Revised Code, is to be registered with the Ohio division of agriculture pursuant to section 905.33 of the Revised Code.

(5) Pesticides, herbicides, growth regulators, and other similar chemicals:

(a) The division may maintain a list of pesticides, herbicides, growth regulators, and other similar chemicals that are approved for use during the cultivation process.

(b) Unless otherwise authorized by the division list pursuant to paragraph (F)(5)(a) of this rule, foliar application of approved pesticides, herbicides, growth regulators, or other similar chemicals shall not occur after the twenty-first day following the date that a plant is moved into the flowering stage of growth.

(c) Unless otherwise permitted on the division's list pursuant to paragraph (F)(5)(a) of this rule, a cultivator shall not utilize any pesticides, herbicides, growth regulators, or other similar chemicals during the cultivation process without prior approval by the division.

(i) A cultivator seeking to utilize a new pesticide not on the list maintained by the division must submit the request in a manner prescribed by the division. The new pesticide or other similar chemical must be registered with the Ohio division of agriculture and be one of the following:

(a) Registered with the United States environmental protection agency under section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 - 136y (2012); or

(b) Exempt from registration under 40 C.F.R. 152.25(f) (2015) and the active inert ingredients of the pesticide product are authorized for use on crops or plants intended for human consumption by the United States environmental protection agency.

Last updated August 28, 2025 at 7:33 AM

Supplemental Information

Authorized By: 3780.03, 3796.03
Amplifies: 3796.09, 3780.20
Five Year Review Date: 8/28/2030

Rule 1301:18-5-05 | Cultivator Minimum Security and Surveillance Requirements.

• Effective: December 20, 2024
• Promulgated Under: 119.03

(A) Each cultivator shall establish, maintain, and comply with written policies and procedures that ensure adequate security, surveillance, and control of the licensed premises that prevent diversion, theft, or loss and meet the minimum requirements outlined under this rule.

Pursuant to rule 1301:18-5-02 of the Administrative Code, each cultivator shall petition the division of cannabis control prior to implementing any major modification to the facility's security procedures, systems, or equipment.

(B) Prior to the commencement of business, each cultivator shall meet the following security and surveillance requirements that ensure compliance with all standards established by the division:

(1) Designate a secure, limited access area for all equipment maintained pursuant to this rule that is accessible only by authorized registered cultivator employees with foundational training in security and surveillance;

(2) Maintain or construct fencing to prevent unauthorized entry or access to waste disposal containers, disposal areas, or compost areas located outside the facility;

(3) Install a security alarm system with commercial grade equipment that includes the following:

(a) An access alarm on all entry points and windows;

(b) Motion detectors that identify unauthorized access into the facility; and

(c) A silent alarm, which may be utilized during instances of duress that sends a pre-recorded voice message to the facility's designated security personnel and law enforcement, public safety, or emergency services requesting dispatch, which includes the capability to enter a designated code into an arming station to signal that the alarm user is being forced to turn off the system.

(4) Install a video surveillance system that complies with the following:

(a) Is capable of electronic monitoring of the facility and real-time access by the division;

(b) Collects twenty-four-hour live video feed with motion-activated recording capabilities for all video cameras that record in at least fifteen frames per second;

(c) Archives and retains recordings for at least forty-five calendar days;

(d) Contains a display monitor with a minimum screen size of twelve inches;

(e) Exports still images in an industry standard format that guarantees authentication and prevents alteration of the recorded images;

(f) Produces clear color still photographs that are a minimum of 600 x 600 dpi from any camera image, live or recorded;

(g) Embeds a date and time stamp on all recordings; and

(h) Includes a failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system.

(5) Install unobstructed cameras in a manner that prevents tampering, captures the entirety of the licensed premises, and clearly identifies all individuals and activities within the surveilled area;

(6) Install cameras at all the following locations:

(a) All points of ingress and egress;

(b) All secure, limited access areas;

(c) Any area where cannabis is cultivated, harvested, stored, or handled;

(d) Any area that stores cannabis or facility inventory;

(e) The facility's cannabis destruction and disposal area; and

(f) All areas where sales proceeds are stored or transferred.

(7) Daily records of all registered employees' access to any secure, limited access area;

(8) Develop emergency policies and procedures for securing all inventory and currency in the event of diversion, theft, or loss; and

(9) Any other requirements the division deems necessary to maintain proper security and surveillance and ensure public safety.

(C) Each cultivator shall inspect and test all security and surveillance equipment at least once per month to ensure functionality.

(1) Pursuant to rule 1301:18-3-17 of the Administrative Code, each cultivator shall record and maintain evidence of all security and surveillance equipment tests pursuant to this paragraph.

(2) Each cultivator shall immediately notify the division of any failure in the facility's security and surveillance system or any associated equipment.

Any necessary repair or replacement shall occur within twenty-four hours of identification.

(3) Each cultivator shall keep all security equipment in good-working order and the systems shall be inspected and all devices tested on an annual basis by a third party.

(D) In the event a cultivator is made aware of any pending criminal, civil, or administrative investigations or legal proceedings for which a video recording may contain relevant information, the cultivator shall retain an unaltered copy of the recording until the investigation or proceeding is closed or the entity conducting the investigation or proceeding notifies the cultivator that it is not necessary to retain the recording.

Last updated December 20, 2024 at 7:42 AM

Supplemental Information

Authorized By: 3780.03, 3796.03
Amplifies: 3780.03, 3780.20, 3796.03
Five Year Review Date: 12/20/2029

Rule 1301:18-5-06 | Cultivator Inventory Control and Storage.

• Effective: August 28, 2025
• Promulgated Under: 119.03

(A) Each cultivator shall establish, maintain, and comply with written policies and procedures for proper and secure inventory control of all cannabis maintained at the licensed premises. The cultivator's inventory control policies and procedures shall mitigate the risk of theft, loss, and diversion of cannabis and ensure the following:

(1) Before accepting a delivery of cannabis, a responsible party must oversee and ensure the delivery:

(a) Meets all relevant packaging and labeling requirements; and

(b) The contents within the shipment conform with all representations outlined in the transfer manifest from the originating entity.

(c) In the event the shipment fails to meet the requirements outlined under paragraph (A) of this rule, the cultivator shall:

(i) Refuse to accept the non-conforming batch or lot;

(ii) Immediately document the rejection in the state inventory tracking system and outline the reason for rejecting the non-conforming batch or lot; and

(iii) Return the batch or lot to the originating entity.

(2) All information related to cannabis maintained at the licensed premises is accurately and contemporaneously recorded in the state inventory tracking system from the time of receipt until distribution or disposal.

(3) All inventory is stored in a secure, limited access storage area that meets the requirements of rule 1301:18-5-05 of the Administrative Code accessible only by authorized registered employees.

(4) Ongoing, regular, and comprehensive inventories of all cannabis maintained at the licensed premises that includes the following:

(a) Upon discovery, each cultivator shall notify the division in writing of any discrepancies and submit a written plan of corrective action prior to making any adjustments to the state inventory tracking system.

(b) Prior to commencing business, each cultivator shall conduct an initial comprehensive inventory of all cannabis at the licensed premises.

If the cultivator commences business with no cannabis at the licensed premises, the cultivator shall record this fact as the initial inventory.

(c) When a cannabis 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, securely attach a state inventory tracking system tag to the plant or the plant's container that includes the following information:

(i) The cultivator's business name and license number;

(ii) The cannabis strain name filed with the division; and

(iii) The unique plant identifier.

(d) A registered responsible party shall oversee a weekly inventory to ensure the physical inventory matches the information documented in the cultivator's internal inventory system and state inventory tracking system. The weekly inventory is to include the following:

(i) The date of the inventory;

(ii) The amount of cannabis maintained at the licensed premises, and include the following:

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

(b) Each batch of plant material including the associated batch number, weight, and strain name quarantined for:

(i) State-required testing as outlined under these rules;

(ii) Research and development;

(iii) Destruction or disposal in accordance with rule 1301:18-3-12 of the Administrative Code;

(iv) Packaged, labeled, and prepared for transfer, distribution, or sale; and

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

(iii) The amount of cannabis sold or distributed since the previous weekly inventory, and include the following:

(a) The date of sale or distribution;

(b) The license number and name of the licensed entity to which the cannabis was sold; and

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

(iv) The date, quantity, and method of disposal of cannabis, if applicable;

(v) A summary of the inventory findings; and

(vi) The name, signature, and title of the employees who conducted the inventory and the registered responsible party that oversaw the review.

(e) Prior to the renewal of its certificate of operation, a registered responsible party for each cultivator shall do the following:

(i) Create an annual inventory report generated by the state inventory tracking system; and

(ii) Conduct a full, comprehensive, manual inventory of the cannabis at the licensed premises and compare the findings to the annual inventory report created pursuant to paragraph (A)(4)(a) of this rule.

(5) In accordance with rule 1301:18-3-16 of the Administrative Code, prior to any transfer, sale, or distribution to another licensed entity, the licensee prepares a transfer manifest utilizing the state inventory tracking system for each transfer; and

(6) Any and all information the division deems necessary for maintaining and tracking cannabis is documented and submitted into the state inventory tracking system.

(7) In accordance with rule 1301:18-3-14 of the Administrative Code, all inventories, procedures, and other documents required by this rule are maintained at the licensed premises and available for immediate review and duplication upon the division's request.

(B) [Reserved.]

Last updated August 28, 2025 at 7:33 AM

Supplemental Information

Authorized By: 3780.03, 3796.03
Amplifies: 3780.07, 3780.03, 3780.20, 3780.12, 3796.03
Five Year Review Date: 8/28/2030