Chapter 1301:18-9 | Cannabis Facility Inspections

Rule 1301:18-9-01 | Cannabis Facility Inspections.

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

(A) The Ohio division of cannabis control may, at any time, with or without notice, conduct an inspection to ensure compliance with all representations made to the division, state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.

(B) Notwithstanding the requirements of division 1301:18 of the Administrative Code, nothing shall prohibit the Ohio division of cannabis control, the division's designee, law enforcement, or other federal, state, or local government officials from entering any area of a cannabis entity's licensed premises if necessary to perform their governmental duties.

(C) The submission of an application that results in the issuance of a provisional license or certificate of operation irrevocably gives the Ohio division of cannabis control consent to conduct all inspections necessary to ensure compliance with state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.

(1) The Ohio division of cannabis control may conduct the inspection independently, or may work with third parties, other divisions, state agencies, or local authorities, including the Ohio division of agriculture, the division of industrial compliance, and the division of state fire marshal, to ensure compliance with, state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.

(2) An inspection of a licensee may include, without limitation, investigation of standards for safety from fire on behalf of the division by the local fire protection agency.

If a local fire protection agency is not available, the division of state fire marshal may conduct the inspection after the licensee pays the appropriate fee to the division of state fire marshal for such inspection.

(D) Pursuant to an inspection, the division may do any of the following:

(1) Access and inspect:

(a) The entirety of the licensed premises, including any off-site facilities;

(b) Any area within the licensed premises;

(c) Any secure, limited access area or other locked area of the licensed premises;

(d) Facility motor vehicles;

(e) All inventory; and

(f) All equipment, instruments, tools, containers, materials, machinery, or any other resource utilized at the licensed premises;

(2) Obtain samples for testing of any cannabis maintained at the licensed premises, media used to grow cannabis, chemicals and ingredients used in any cultivation, manufacturing, and extracting process, any labels or containers for cannabis, or any raw packaged cannabis.

(3) Question and interview registered responsible parties, owners, officers, board members, and all other employees or agents of the licensee;

(4) Review any and all policies and procedures; and

(5) Make and obtain copies of any and all records pursuant to rule 1301:18-3-17 of the Administrative Code.

(E) Prior to the issuance or renewal of a certificate of operation or change of location each licensee must pass a pre-approval inspection to ensure the licensed premises comply with all of the following:

(1) All representations made to the division;

(2) All specifications outlined in written policies and procedures as required by this chapter;

(3) All requirements outlined under Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.

(4) The pre-approval inspection will occur at a mutually agreeable time.

(5) Upon the completion of the pre-approval inspection, the division may issue either of the following:

(a) A certificate of operation in accordance with this division; or

(b) A written statement listing the deficiencies identified during the inspection that must be remedied before a certificate of operation will be issued by the division.

(F) Following an inspection conducted pursuant to this rule, the division will issue an inspection report that documents the following:

(1) The observations and findings of the inspections;

(2) The outcome of the inspection;

(3) Any suggestions for the licensee to take into consideration; and

(4) If applicable, a written statement listing the deficiencies identified during the inspection pursuant to paragraphs (E)(5)(b) and (G) of this rule.

(G) Deficiencies

(1) Upon receipt of a statement of deficiencies, unless otherwise authorized by the division, the licensee shall develop a plan of correction for each deficiency and submit the plan in writing to the division for review and approval within ten business days of receipt of the statement of deficiencies.

(a) The plan of correction must include specific requirements for corrective action that will be performed within thirty calendar days after the division's approval of the plan of correction

(b) If the plan of correction submitted is not acceptable to the division, the division may either direct the licensee to resubmit a plan of correction or the division may develop a directed plan of correction with which the licensee must comply.

(2) Upon approval of the written plan of correction, the licensee shall sign the plan of correction, binding the licensee to the terms under which the licensee may be issued a certificate of operation.

(a) If the licensee and the division are unable to come to terms on the written plan of correction, the division may take action in accordance with Chapter 1301:18-9 of the Administrative Code.

(3) The division will re-inspect a licensee upon the completion of the written plan of correction.

(a) If the corrective measures meet the division's satisfaction, the division will issue a certificate of operation.

(b) If the corrective measures do not meet the requirements of the written plan of correction, the division may take action in accordance with Chapter 1301:18-9 of the Administrative Code.

(H) If an inspector finds evidence of operational failures or conditions that create a likelihood of diversion, contamination, risk to public health, or a violation of any representation made to the division, state and local law, Chapters 3780 and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780 and 3796. of the Revised Code, the division may take any action authorized under Chapter 1301:18-9 of the Administrative Code.

(I) To prevent destruction of evidence, diversion, or other threats to public safety, the division may order an administrative hold of cannabis or cannabis products or any records of any licensee. The division may assess the costs of an investigation, including travel and the time of any and all division employees, to a licensee.

Last updated December 20, 2024 at 7:45 AM

Supplemental Information

Authorized By: 3780.03, 3796.03
Amplifies: 3780.03, 3780.26, 3796.03, 3796.14
Five Year Review Date: 12/20/2029

Rule 1301:18-9-04 | Product Alerts and Recalls.

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

(A) Each licensee shall establish, maintain, and comply with written policies and procedures to conduct product alerts and recalls of cannabis and ensure the following:

(1) A designated recall coordinator is trained and prepared to manage complaint and product investigations. The designated recall coordinator is responsible for:

(a) Communicating timely and accurate information to the division of cannabis control.

(b) Maintaining up-to-date communication and contact lists for the licensee's recall team members.

(2) Each of the following elements are included:

(a) Identification of the product name, unique product identification, description, batch or lot number;

(b) Identification of any reports or complaints made to the licensee about the product;

(c) Inventory and sales review of the affected products including products in the licensee's inventory, products transferred, dispensaries transferred to, and products sold;

(d) Adequate product quarantine steps; and

(e) Notification templates for the groups described in paragraph (A)(4) of this rule.

(3) Appropriately address product alerts and recalls, whether initiated by the licensee or by the division.

(4) All affected product is immediately quarantined from other viable inventory intended for distribution and maintained in a secure location.

(5) The licensee notifies the following individuals about the alert or recall:

(a) All associated licensees that cultivated, processed, or dispensed the affected cannabis;

(b) All patients who have, or likely have, obtained the affected product;

(c) All customers who have, or may have, obtained the affected product are notified via a conspicuous posting at the dispensary of the alert or recall notice by each dispensary where the product was sold;

(d) The communication must include information on the process for return of the recalled product; and

(e) If the alert or recall is initiated by a licensee, notification to the division immediately after initial determination that an alert or recall is necessary and proper.

(6) Pursuant to paragraph (A)(5) of this rule, the licensee contains the following information within the notice:

(a) The business name and license number of all licensed entities that received the affected product;

(b) The product identity;

(c) Product description;

(d) Net contents;

(e) Batch or lot number; and

(f) If applicable, notice that the customer must return the affected product within thirty calendar days of the notice to receive a refund and revision of a patient's days' supply.

(7) In the event of a product alert or product recall directs a customer to return the affected product to a dispensary, the dispensary shall do the following:

(a) If the product is returned within thirty calendar days of the notice, accept any unused affected product;

(b) If the dispensary has established a more expansive return policy in accordance with rule 1301:18-8-12 of the Administrative Code and the product is returned within that policy, accept any affected product;

(c) Provide the customer a refund of the purchase of the product contemporaneously with the return; and

(d) If applicable, revise the patient's days' supply to reflect the returned product.

(e) Unless otherwise authorized by the division, the dispensary shall destroy and dispose of any cannabis returned pursuant to this rule in accordance with rule 1301:18-3-12 of the Administrative Code.

(B) [Reserved.]

Last updated August 28, 2025 at 7:35 AM

Supplemental Information

Authorized By: 3780.03, 3796.03
Amplifies: 3780.20, 3796.03, 3796.10
Five Year Review Date: 8/28/2030

Rule 1301:18-9-05 | Ohio Division of Cannabis Control Enforcement Authority.

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

Pursuant to Chapters 3780. and 3796. of the Revised Code, the rules set forth in division 1301:18 of the Administrative Code establish standards for the oversight and enforcement of the cultivation, processing, testing, and dispensing of cannabis.

Division 1301:18 of the Administrative Code also establishes legal standards for the denial, suspension, or revocation of licenses issued by the division of cannabis control pursuant to Chapters 3780. and 3796. of the Revised Code.

If any portion of rules in this division is found to be invalid, the remaining portion of this rules in this division shall remain in full force and effect.

(A) The Ohio division of cannabis control has the following authority over all cultivators, processors, testing laboratories, and dispensaries issued a provisional license or certificate of operation, and employees issued a provisional badge or badge certificate whenever it appears to the division that a cannabis entity or individual engaged in, is engaged in, or is about to engage in any prohibited conduct or conduct otherwise not authorized by Chapters 3780. and 3796. of the Revised Code or the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code, or when the division believes that it is necessary for the program's administration, implementation, and enforcement:

(1) Pursuant to rule 1301:18-9-01 of the Administrative Code, at any time, with or without notice, conduct an inspection to ensure compliance with all representations made to the division, state and local law, Chapters 3780 and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code;

(2) Inspect, examine, or investigate any premises or motor vehicle where cannabis is grown, stored, cultivated, harvested, transported, processed, extracted, manufactured, tested, distributed, transferred, or dispensed and any inventory, equipment, instruments, and records in any way connected with any such activity;

(3) Issue requests for information, to which licensees are to respond in a manner prescribed by the division;

(4) Obtain samples of any cannabis or any other material maintained at the licensed premises;

(5) Obtain samples for testing of any cannabis maintained at the licensed premises, media used to grow cannabis, chemicals and ingredients utilized at the licensed premises, any labels or containers for cannabis, or any raw packaged cannabis;

(6) Investigate activities which are, or are suspected to be, prohibited;

(7) Refuse to issue a provisional license or certificate of operation;

(8) Refuse to renew a certificate of operation;

(9) Refuse to issue a provisional badge pursuant to rule 1301:18-3-09 of the Administrative Code;

(10) Refuse to issue a badge certificate pursuant to rule 1301:18-3-09 of the Administrative Code;

(11) Refuse to renew badge certificate pursuant to rule 1301:18-3-09 of the Administrative Code;

(12) Suspend or revoke a license or registration issued pursuant to Chapters 3780. and 3796. of the Revised Code or the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code;

(13) Upon finding clear and convincing evidence that continued distribution of cannabis presents a danger of immediate and serious harm to others, suspend without prior hearing a license or registration issued under Chapters 3780. or 3796. of the Revised Code.

(14) Issue a cease and desist order;

(15) Serve all summonses, subpoenas, administrative orders, notices, or other processes concerning the enforcement of laws regulating cannabis and cannabis products;

(16) Issue either administrative subpoenas ad testificandum or subpoenas duces tecum, or both, to compel the testimony of witnesses or the production of any books and records, in paper or electronic format, to be served by personal service or by certified mail, return receipt requested;

(a) If the subpoena is returned because of inability to deliver, or if no return is received within thirty calendar days of the date of mailing, the subpoena may be served by ordinary mail.

(i) If no return of ordinary mail is received within thirty calendar days after the date of mailing, service shall be deemed perfected and effectuated.

(ii) If the subpoena is returned because of inability to deliver, the division may designate a person or persons to effect either personal or residence service upon the witness.

(b) The person designated to effectuate personal or residence service under this paragraph may be the sheriff of the county in which the witness resides or may be found or may be any other duly designated person.

(c) The fees and mileage of the person serving the subpoena shall be the same as those allowed by the courts of common pleas in criminal cases, and will be paid from the funds of the division.

(17) Place conditions on an applicant, license, licensee, or registrant;

(18) Issue guidance on the requirements outlined pursuant to the rules promulgated pursuant to Chapters 3780. and 3796. of the Revised Code;

(19) To prevent destruction of evidence, diversion, or other threats to public safety, order an administrative hold of cannabis or any books and records of any licensee;

(20) Initiate and require a product advisory or recall of any cannabis when the division determines that there is reasonable probability that the cannabis is in violation of Chapter 3780. or 3796. of the Revised Code;

(21) Implement and mandate a recall of any cannabis when the division determines that there is reasonable probability that the cannabis is in violation of Chapters 3780. or 3796. of the Revised Code and use or exposure to the cannabis at issue constitutes a risk to public health or safety;

(22) Initiate, mandate, and implement the destruction of cannabis upon determination violates any requirement under Chapter 3780. or 3796. of the Revised Code;

(23) Assess the costs of an investigation, including travel and the time of any and all division employees, to a licensee;

(24) Impose a civil penalty in an amount not to exceed fifty thousand dollars for each violation, for any violation of Chapters 3780. and 3796. of the Revised Code or the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code;

(25) Exercise any other power or duty authorized by Chapters 3780. and 3796. of the Revised Code or the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code;

(26) Sanctions described under this rule are not mutually exclusive and may be imposed in any combination; and

(27) Adjudicatory hearings will be conducted pursuant to Chapter 119. of the Revised Code.

(B) Upon receipt of a notice of deficiency by the Ohio department of taxation for failure to comply with all applicable taxes, the Ohio division of cannabis control shall suspend without prior hearing a license or registration issued under Chapter 3780. or 3796. of the Revised Code.

(1) The division will lift the suspension upon notification that a license or registrant is in compliance with all applicable taxes.

(2) In the event that all tax deficiencies are not alleviated within thirty calendar days of the suspension, the division will revoke the license or registration.

(C) If the division suspends, revokes, or refuses to renew any license issued under Chapter 3780. or 3796. of the Revised Code or determines that there is clear and convincing evidence of a danger of immediate and serious harm to any individual, the division may place under seal all cannabis owned by or in the possession, custody, or control of the associated licensed entity.

(D) If a license is voluntarily surrendered or is not renewed, the division may impose other penalties permitted by Chapter 3796. of the Revised Code or the rules promulgated in accordance with Chapter 3796. of the Revised Code, on any such license or licensee.

(E) A licensee whose certificate of operation has been suspended shall not sell, offer for sale, transport, or conduct any operations outside the facility related to cannabis.

(1) Employees of the facility may enter the premises of the facility for the necessary care and maintenance of the premises and any cannabis and cannabis products.

(2) The removal of cannabis from a cultivator, processor, or testing laboratory is strictly prohibited during an active suspension under division 1301:18 of the Administrative Code.

(3) During a suspension, a licensee may, at the direction and discretion of the division, update the state inventory tracking system.

(F) A licensee whose certificate of operation has been revoked shall:

(1) Adhere to the requirements outlined pursuant to rule 1301:18-3-15 of the Administrative Code; and

(2) Close the facility and prohibit anyone from entering the facility, other than employees with the division, law enforcement, or other individuals carrying out official duties related to the revocation of the certificate of operation.

(3) The revocation of a provisional license or certificate of operation shall immediately terminate the employee identification cards of persons employed by the licensee.

(G) Whenever the division revokes or suspends a cannabis entity license, it will notify local law enforcement, and county sheriff's office with applicable jurisdiction.

(H) Division employees will not serve as expert witnesses in private litigation. In addition, the division may move to quash any subpoena that seeks fact testimony from division employees in private litigation. The division may certify as to the status of any person as a licensee or registered employee of a licensee. Such certification shall be admissible in any court as prima-facie evidence as to the status of the person.

Last updated September 16, 2025 at 1:44 PM

Supplemental Information

Authorized By: 3780.03, 3796.03
Amplifies: 3780.03, 3780.26, 3796.03, 3780.28, 3780.36, 3796.14, 3796.24
Five Year Review Date: 8/28/2030

Rule 1301:18-9-06 | Variances.

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

The division may grant variances from rules promulgated in accordance with Chapters 3796. and 3780. of the Revised Code when:

(A) The applicable provision is not statutorily mandated;

(B) The proposed variance is within public interest;

(C) Individuals will not be injured by the proposed variance; and

(D) The applicable provision would, in the particular case, be unreasonable or unnecessarily burdensome.

Last updated December 20, 2024 at 7:45 AM

Supplemental Information

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