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Rule 1301:18-1-01 | Definitions.

 

(A) For purposes of division 1301:18 of the Administrative Code, the following definitions apply:

(1) Abandoned application means an application submitted pursuant to division 1301:18 of the Administrative Code which does not meet the minimum eligibility requirements for review or is otherwise deemed abandoned pursuant to division 1301:18 of the Administrative Code and is removed from the application process.

(2) Adult-use consumer means an individual who is at least twenty-one years of age.

(3) Adulterated cannabis means marijuana as defined by division (A)(1) of section 3796.01 of the Revised Code in which any of the following applies:

(a) Notwithstanding products intentionally mixed, packed, or diluted with ingredients in compliance with the licensee's standard operating procedures, a substance has been mixed or packed with the cannabis so as to reduce the quality or strength or the substance has been substituted wholly or in part for the cannabis;

(b) It consists, in whole or in part, of any filthy, putrid, or decomposed substance, including mold, mildew, and other contaminants;

(c) It has been produced, processed, prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or

(d) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.

(4) Advertisement or advertising means any written or verbal statement, illustration, or depiction created, intended, or otherwise calculated to induce sales, through a combination of letters, pictures, objects, lighting effects, illustrations, or other similar means, regardless of form, location, or medium.

(5) Anything of value means all of the following:

(a) Any amount of cash or cash equivalents, including gift cards;

(b) Any amount of cannabis, unless otherwise permitted by division 1301:18 of the Administrative Code;

(c) Other gifts, the full cost of which is no more than one-hundred dollars per calendar year, including:

(i) Meals and other food;

(ii) Tickets to concerts, sporting events, and other like entertainment;

(iii) Golf outings;

(iv) Travel;

(v) Any other gift; and

(vi) Any other good or service.

(d) In addition to restrictions outlined in paragraphs (A)(5)(a), (A)(5)(b), and (A)(5)(c) of this rule; regarding laboratory testing services, anything offered in the event of failing or otherwise undesirable test results, including:

(i) Refunds;

(ii) Rebates;

(iii) Differing fee schedules;

(iv) Waiver of payment; and

(v) Return of payment in form of alternate compensation.

(e) Anything of value does not include branded promotional merchandise, such as wearables items, that are de minimis in value and are not likely to induce or reward another licensee, or any owner, officer, board member, employee, agent, representative, or controller of the licensee for their business or referral of business. Branded promotional items does not include cannabis, cannabis devices, or cannabis paraphernalia.

(6) Batch means cannabis plant material obtained from cannabis plants that were grown together and exposed to substantially the same conditions throughout cultivation and harvested over no more than a seventy-two-hour period and adhere to the following:

(a) For final form flower or buds:

(i) The batch must be created using cannabis plants of the same exact strain; and

(ii) The net weight shall not exceed fifteen pounds which must be dried and manicured immediately prior to testing.

(b) For fresh frozen cannabis plant material:

(i) The batch may contain more than one cannabis strain and may only be destined for extraction at a licensed processor.

(ii) The net weight shall not exceed two-hundred and fifty pounds.

(c) For shake and trim, the batch may contain more than one cannabis strain and include shake, trim, and other resinous trichomes obtained incidental to the trimming and manicuring process.

(i) For final form shake and trim destined solely for direct customer sale, the net weight shall not exceed twenty-five pounds; and

(ii) For shake and trim destined solely for extraction, the net weight shall not exceed fifty pounds.

(7) Batch number means a unique numeric or alphanumeric identifier assigned prior to testing to allow for inventory tracking and traceability.

(8) Bona fide physician-patient relationship has the same meaning as used in the rule promulgated by the state medical board of Ohio under section 4731.301 of the Revised Code.

(9) Bulk cannabis distillate means cannabis distillate that is destined for use as an ingredient in another cannabis product and shall not exceed fifty pounds.

(10) Bulk cannabis extract means an intermediate cannabis extract of the same exact type produced using the same ingredients, extraction methods, standard operating procedures, and batches of plant material that is destined for use as an ingredient in an intermediate or final form cannabis product and shall not exceed fifty pounds.

(11) Bulk cannabis plant material means dried cannabis plant material obtained from cannabis plants that were grown together and exposed to substantially the same conditions throughout cultivation and harvested over no more than a seventy-two-hour period and does not exceed fifty pounds. A batch of bulk dried plant material created pursuant to this subsection may only contain unmanicured flower, buds, shake, or trim if the entire batch is destined solely for further extraction.

(12) Cannabis clone means a non-flowering cannabis plant cut from a mother plant that is no taller than twelve inches and is capable of developing into a new cannabis plant.

(13) Cannabis concentrate refers to both solvent-based cannabis concentrates and non-solvent-based cannabis concentrates, as defined by this rule.

(14) Cannabis container means the innermost wrapping, packaging, or vessel in direct contact with a final form cannabis product in which the final form cannabis product is enclosed for retail sale to customers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge. "Container" does not include:

(a) In accordance with rule 1301:18-3-18 of the Administrative Code, for cannabis packaged for direct customer sale, bulk packaging utilized for business-to-business transfer; or

(b) Outer wrappings that are not essential for final retail delivery or sale to an end patient or consumer for personal or household use.

(15) Cannabis distillate means a product of cannabis extract that is highly refined to isolate desired compounds through a series of heating, vacuuming, or condensation steps.

(16) Cannabis device means any portable, hand-held mechanism sold with a cannabis product utilized for administering the cannabis and other materials contained within. This includes a vaporizer, cannabis inhaler, or oral syringe used to administer oil for cannabis concentrates intended for oral administration.

(17) Cannabis extract means a form of cannabis obtained by separating or concentrating cannabinoids, terpenes, or other compounds from any part of the cannabis plant by physical, mechanical, or chemical means, so as to provide a product that contains a higher concentration of the desired compounds than the cannabis plant material itself. Cannabis extract shall be utilized solely as an ingredient for further refinement in a final form cannabis product.

(18) Cannabis inhaler means a device to administer aerosolized cannabis concentrate and does not further decarboxylate THCA by heated vaporization or combustion.

(19) Cannabis product means any product manufactured by a cannabis processor that is in the final form intended for consumption. A cannabis product contains cannabis extract or dried cannabis plant material, which may be in combination with other approved ingredients to create the final product. This includes oils, tinctures, edibles, patches, single serving units, combination inhalable products, vaporization solutions, and any forms approved under rule 1301:18-4-02 of the Administrative Code.

(20) Certificate of operation means a certificate issued to the person maintaining a provisional license that authorizes that person to engage in all applicable activities provided in section 3796.18, 3796.19, 3796.20, or 3796.21 of the Revised Code and in accordance with division 1301:18 of the Administrative Code. Unless otherwise authorized by division 1301:18 of the Administrative Code, each certificate of operation shall be limited to one person and one licensed premises, as approved by the Ohio division of cannabis control.

(21) Church means a church as defined by section 1710.01 of the Revised Code.

(22) Combination inhalable product means a product created by combining final form dried plant material and cannabis distillate or cannabis extract into a final form which is intended for inhalation.

(23) Complete registration means the following:

(a) Patient full name;

(b) Patient residential address;

(c) Patient telephone number;

(d) Patient date of birth;

(e) Patient qualifying condition;

(f) State-issued identification number (such as driver's license number) or other identification approved by the division;

(g) Patient registration number;

(h) Recommending physician's full name (first name and last name);

(i) Recommending physician's drug enforcement administration identification number;

(j) Recommending physician's medical license number issued by the state medical board;

(k) Recommending physician's certificate to recommend identification issued by the state medical board;

(l) Date recommendation was issued by the recommending physician;

(m) Recommending physician's business address, telephone number, and email address;

(n) Indication whether the recommendation is new or a refill;

(o) Number of the refill being dispensed; and

(p) Date order written, which shall be the date the written recommendation was issued.

(24) Control means the ability to make or significantly influence the strategic policies or management decisions ordinarily reserved for the majority owners or board of directors of a "person" as defined under these rules. Control may be established through ownership, contract, or otherwise; provided control will not be imputed on a bank or licensed lending institution that holds a mortgage or other lien on the person acquired in the ordinary course of business.

(a) When determining whether a person is exercising control, or has the ability to exercise control, over another, the division may consider, among other factors, whether, and to what extent, the person has any power to do the following on behalf of another:

(i) Adopt or amend governance documents, including articles of incorporation, articles of organization, bylaws, operating agreements, or buy-sell agreements.

(ii) Cause or prevent a merger, dissolution, equity sale, or asset sale.

(iii) Elect or remove directors or officers; or elect or remove other positions that exercise authority similar to those of a director or an officer in an Ohio corporation.

(iv) Exercise voting power similar to a shareholder in an Ohio corporation.

(v) Exercise voting power similar to a director in an Ohio corporation.

(vi) Call meetings of the directors or owners.

(vii) Regulate the authority of the owners, directors, or officers.

(viii) Issue shares, membership interest, or similar equity.

(ix) Declare dividends or distributions.

(x) Enter into contractually binding agreements.

(xi) Authorize a mortgage, pledge, lien or deed of trust on any real property or personal property.

(xii) Hire or fire organizations that manage day-to-day operations.

(b) In addition to the listed factors under paragraph (A)(24)(a) of this rule, the division may consider any other factors it deems relevant. Control may be established whether one, any or none of the factors listed are present.

(25) Cultivate means to plant, water, grow, fertilize, till, or harvest a cannabis plant. "Cultivating" includes possessing or storing a cannabis plant at a cultivator's licensed premises, prior to transfer or distribution to another licensed entity.

(26) Cultivation area means the boundaries of the enclosed areas in which cannabis is cultivated during the vegetative stage and flowering stage of the cultivation process. For purposes of calculating the cultivation area square footage, enclosed areas used solely for the storage and maintenance of mother plants, clones, or seedlings shall not be included.

(27) Customer means an adult-use consumer or registered medical patient or caregiver within the context of purchasing cannabis at a licensed dispensary.

(28) Disqualifying offense means a conviction or plea of guilty, including conspiracy to commit, attempt to commit, or aiding and abetting another in committing, the following:

(a) Any offense set forth in Chapter 2925., 3719., or 4729. of the Revised Code, the violation of which constitutes a felony or a misdemeanor of the first degree;

(b) Any theft offense set forth under division (K) of section 2913.01 of the Revised Code, the violation of which constitutes a felony;

(i) Any violation for which a penalty was imposed under section 3715.99 of the Revised Code;

(ii) A crime of moral turpitude as defined in section 4776.10 of the Revised Code;

(iii) A violation of any former law of this state, any existing or former law of another state, any existing or former law applicable in a military court or Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any of the offenses listed in paragraphs (A)(28)(a) and (A)(28)(b) of this rule.

(c) Any first-degree misdemeanor offense listed in (A)(28)(a) and (A)(28)(b) of this rule will not automatically disqualify an applicant from licensure if the applicant was convicted of or pleaded guilty to the offense more than five years before the date the application for licensure is filed.

(d) Notwithstanding paragraphs (A)(28)(a) and (A)(28)(b) of this rule, no misdemeanor offense, including misdemeanors of the first degree, related to cannabis possession, cannabis trafficking, illegal cultivation of cannabis, illegal use or possession of drug paraphernalia or cannabis drug paraphernalia, or other cannabis related crimes shall be considered a disqualifying offense.

(29) Dual-use license means a license issued by the division that allows:

(a) A cultivator to engage in all permissible activities outlined under section 3796.18 of the Revised Code

(b) A processor to engage in all permissible activities outlined under section 3796.19 of the Revised Code.

(c) A testing laboratory to engage in all permissible activities outlined under section 3796.21 of the Revised Code.

(d) A dispensary to engage in all permissible activities outlined under section 3796.20 of the Revised Code.

(30) Facility visitor means any individual seeking to enter the premises of a licensed entity who does not maintain a valid employee badge pursuant to rule 1301:18-3-09 of the Administrative Code and is not a registered patient, caregiver, or adult-use consumer within a dispensary's retail area.

(31) Final form means the form of cannabis as manicured, trimmed, manufactured, or processed and intended for direct customer sale. Final form is the intended form of cannabis immediately prior to submission to a testing laboratory licensed pursuant to division 1301:18 of the Administrative Code for all state-required final compliance testing. For purposes of submission of final form cannabis for any state-required testing, final form cannabis may, but is not mandated to be, placed in a container or package. For purposes of state-required final compliance testing, all final form cannabis must comply with the standards outlined in rules 1301:18-4-13 and 1301:18-4-14 of the Administrative Code.

(32) Financial interest means any actual or future right to ownership, or investment, with another person, either directly or indirectly, through business, investment, spouse, parent, or child, in licensed cannabis business. Financial interest does not include ownership of investment securities in a publicly-held corporation that is traded on a national securities exchange or over-the-counter market in the United States, provided the investment securities held by the person and the person's spouse, parent, or child, in the aggregate, do not exceed ten percent ownership in the licensed cannabis entity.

(33) Flowering stage means the stage of cultivation where and when a cannabis plant is cultivated to produce plant material for products. This includes mature plants which are identified by:

(a) If greater than two stigmas are visible at each internode of the plant;

(b) If the cannabis plant is in an area that has been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation, from the exact moment the light deprivation has started to occur and for the remainder of the cannabis plant growth cycle in such area.

(34) Health or therapeutic benefit claim means any statement, term, reference, or claim related to health and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption or administration of cannabis, or any compound, ingredient, additive, or any combination thereof, found within a cannabis product, and health benefits or effects on health. This includes both specific health claims and general references to alleged health benefits or effects on health associated with the consumption of cannabis. This also includes anything that implies a physical, physiological, or psychological sensation or effect resulting from the consumption or administration of cannabis. Health-related statement also includes statements, symbols, vignettes, or other forms of communication that suggest, within the context in which they are presented, that a relationship exists between the consumption or administration of cannabis and any alleged health benefit.

(35) Hemp means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of not more than three-tenths per cent on a dry weight basis. "Hemp" includes industrial hemp, as defined by section 928.01 of the Revised Code. "Hemp" does not include any of the following:

(a) Any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of three-tenths per cent in the plant on a dry weight basis;

(b) Any intermediate hemp-derived cannabinoid product containing any of the following:

(i) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

(ii) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside the plant;

(iii) More than three-tenths per cent combined total of total tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as a tetrahydrocannabinol as established by the superintendent of cannabis control in lists adopted under section 928.031 of the Revised Code.

(c) Any intermediate hemp-derived cannabinoid product that is marketed or sold as a final product or directly to an end consumer for personal or household use;

(d) Any final hemp-derived cannabinoid product containing any of the following:

(i) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

(ii) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside the plant;

(iii) Greater than four-tenths of a milligram combined total per container of total tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects, or are marketed to have similar effects, on humans or animals as a tetrahydrocannabinol as established by the superintendent of cannabis control in lists adopted under section 928.031 of the Revised Code.

(36) Hemp-derived cannabinoid product means any intermediate or final product derived from hemp, other than industrial hemp as defined by section 928.01 of the Revised Code, that contains cannabinoids in any form and is intended for human or animal use through the means of application or administration, such as inhalation, ingestion, or topical application. "Hemp-derived cannabinoid product" does not include a drug that is the subject of an application approved under subsection (c) or (j) of 21 USC 355.

(37) Indigent status means an individual enrolled in the federal "Social Security Disability Income" (SSDI) or the "Supplemental Security Income" (SSI) disability programs, a copy of a letter or other documentation from the United States social security administration with the individual's identification or other documentation as determined by the division.

(38) Intermediate hemp-derived cannabinoid product means a hemp-derived cannabinoid product that is either of the following:

Not yet in the final form or preparation marketed or intended to be used or consumed by a human or animal;

A powder, liquid, tablet, oil, or other product form that is intended or marketed to be mixed, dissolved, formulated, or otherwise added to or prepared with or into any substance prior to administration or consumption.

(39) Infused single serving unit is a combination inhalable product that consists of dried plant material and cannabis extract, wrapped in rolling paper and may include a filter. The cannabis extract may be included in the product by combining with the dried plant material, applying to the rolling paper, or both.

(40) Kief means the resinous trichomes of the cannabis plant that are separated from the cannabis plant material.

(41) Licensed cultivator means the person who maintains a current, valid license issued pursuant to Chapter 3796. of the Revised Code and rule 1301:18-5-01 of the Administrative Code, and is authorized to engage in all applicable activities at the licensed premises outlined under the same.

(42) Licensed dispensary means the person who maintains a current, valid license issued pursuant to Chapter 3796. of the Revised Code and rule 1301:18-8-01 of the Administrative Code, and is authorized to engage in all applicable activities at the licensed premises outlined under the same.

(43) Licensed laboratory means the person who maintains a current, valid license issued pursuant to Chapter 3796. of the Revised Code and rule 1301:18-7-01 of the Administrative Code, and is authorized to engage in all applicable activities at the licensed premises outlined under the same.

(44) Licensed premises means the real property, including any facility, building, storage areas, parking lot or areas, and any surrounding curtilage, to which any person licensed pursuant to division 1301:18 of the Administrative Code maintains ownership or control over via a valid lease or other formal written agreement and as represented to the division of cannabis control pursuant to an application for a license to cultivate, process, test, or dispense cannabis and reflected on the person's certificate of operation.

(45) Licensed processor means the person who maintains a current, valid license issued pursuant to Chapter 3796. of the Revised Code and rule 1301:18-6-01 of the Administrative Code and is authorized to engage in all applicable activities at the licensed premises outlined under the same.

(46) Live plants means cannabis plants that are no greater than five feet in height and are still in the vegetative state and not flowering.

(47) Lot means except as otherwise outlined by this rule, all cannabis products of the same exact type produced using the same ingredients, extraction methods, standard operating procedures, and batches of plant material or cannabis extract.

(a) A lot of cannabis products which is sold in uniform units shall not contain more than ten thousand production units.

(b) For cannabis-infused edibles, processors may produce multi-flavor packs if only the colorant and flavoring ingredients differ among the lot.

(c) For final form cannabis concentrates, each lot shall not exceed ten pounds (four thousand five hundred thirty-six grams).

(48) Manufacture means the process of converting harvested plant material into cannabis extract by physical or chemical means for use as an ingredient in a final form cannabis product.

(49) Mother plant means a cannabis plant that is cultivated or maintained for the purpose of generating clones, and that will not be used to produce plant material for sale to a processor or dispensary.

(50) Non-solvent-based cannabis concentrate means a final form cannabis extract destined solely for direct customer sale that does not involve an approved solvent, including bubble hash, rosin press, and other approved non-solvent-based methods.

(51) Oral spray is a final form cannabis product in a liquid form that is intended to be administered by spraying into the oral cavity.

(52) Ownership means a person's, direct or indirect, present ownership interest in a person, including membership interest in a limited liability company, shares of stock in a corporation, or similar equity interests in any other corporate person; or a person's beneficial interest or proprietary interest in an individual or group of individuals. The definition of ownership does not include passive equity interest of less than ten percent in a licensed cannabis business which is for investment purposes only.

(53) Packaging intended for direct customer sale: the final cannabis packaging as presented, displayed, and sold to customers at a licensed dispensary. Packaging for direct customer sale, may include a cannabis container and secondary packaging, depending on the product type. All packaging for direct customer sale shall adhere to all mandates outlined for rule 1301:18-4-20 of the Administrative Code.

(54) Person includes, but is not limited to, an individual or a combination of individuals; a sole proprietorship, a firm, a company, a joint venture, a partnership of any type, a joint-stock company, a corporation of any type, a corporate subsidiary of any type, a limited liability company, a business trust, or any other business entity or organization; an assignee; a receiver; a trustee in bankruptcy; an unincorporated association, club, society, or other unincorporated entity or organization; entities that are disregarded for federal income tax purposes; and any other nongovernmental, artificial, legal entity that is capable of engaging in business.

(55) Prohibited facility means a school, church, public library, public playground, or public park, as defined by this rule.

(56) Product alert means a notice issued from the division to the public when it is determined that a cannabis product is not compliant with Chapter 3796. of the Revised Code, or these rules, and has been sold to the public, but the deficiency does not reasonably constitute the product being unfit for consumption or a risk to public health and safety.

(57) Product recall means a notice issued from the division to the public when it is determined that a cannabis product which is not compliant with Chapter 3796. of the Revised Code, or these rules, has been sold to the public, and the deficiency may cause serious adverse health consequences.

(58) Production unit means the package that contains the final form cannabis intended for direct customer sale.

(59) Provisional license means a temporary license issued to a license applicant that establishes certain conditions that must be met by the provisional licensee before it may be issued a cultivator, processor, testing laboratory, or dispensary certificate of operation and engage in any authorized activity outlined under division 1301:18 of the Administrative Code. Unless otherwise authorized by division 1301:18 of the Administrative Code, each provisional license shall be issued to one person and one licensed premises.

(60) Public library means a library provided for under Chapter 3375. of the Revised Code.

(61) Public park means a park established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.

(62) Public playground means a playground established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.

(63) Range of total THC content means means not less than ninety per cent or more than one hundred ten per cent of the concentration of total target tetrahydrocannabinol content, as provided in the seed to sale tracking system pursuant to rule 1301:18-4-09 of the Administrative Code.

(64) Raw single serving unit means a unit that is packed with dried cannabis plant material (such as trim, shake, or ground flower) and wrapped in rolling paper and may include a filter. A raw single serving unit contains only dried cannabis plant material.

(65) Recommending physician means a physician, as defined by division (A)(5) of section 3796.01 of the Revised Code, that holds a valid certificate to recommend medical cannabis issued by the state medical board of Ohio under section 4731.30 of the Revised Code.

(66) Remediation means the process of neutralization or removal of dangerous substances or other contaminants from cannabis that fail to meet all requirements for state-required testing.

(67) Representative sample means a sample that is comprised of several sample increments of cannabis or cannabis products that are collected from a batch or lot for testing in accordance with rules 1301:18-7-07 and 1301:18-7-09 of the Administrative Code.

(68) Secondary packaging means if applicable, packaging that holds the cannabis container and does not come into direct contact with any cannabis. The packaging as presented for direct customer sale.

(69) School means a public or nonpublic primary school or secondary school and includes a childcare center as defined under section 5104.01 of the Revised Code, and a preschool, as defined section 2950.034 of the Revised Code.

(70) Shake means the loose, fragmented pieces of cannabis plant material that accumulate at the bottom of a bag or container. It consists of fragmented buds, broken leaves, and resinous trichomes (kief) that naturally separate during transportation or handling of the cannabis plant material.

(71) Single day supply means up to 2.5 ounces of plant material and cannabis products with a total THC content of no more than fifteen thousand milligrams for purposes of calculation of days and days' supply pursuant to division (B)(9) of section 3796.03 of the Revised Code.

(72) Solvent-based cannabis concentrate means a final form cannabis extract destined for direct customer sale that is created through solvent-based extraction, including butanes, propane, heptane, carbon dioxide, ethanol, and other solvents as approved by the division of cannabis control. A solvent-based cannabis concentrate does not include any cannabis extract that is created through a water-based extraction method.

(73) Stale registration means a submission to register as a patient or caregiver where the submitter fails to complete all submission requirements within ninety calendar days of the initiation of a registration by a physician, and after being notified by the division of cannabis control, subject to the factors that would otherwise remove the submitter from consideration under Chapter 3796. of the Revised Code or this division. If the registration is stale, the registration will be considered abandoned and the submitter shall be required to reapply for registration in accordance with Chapter 3796. of the Revised Code and this division, in effect at the time of resubmission.

(74) Technology solution means any technological remediation process and includes x-ray, UV, ozone, photonic, or other similar technology that's purpose is to remove or, mitigate undesirable substances, decontaminate, or sterilize cannabis.

(75) Test sample collector means an individual who is a registered employee pursuant to rule 1301:18-3-09 of the Administrative Code who retrieves test samples from a licensed entity, conducts all required test sample collection, and adheres to all mandates pertaining to test sample collection on behalf of a testing laboratory licensed pursuant to division 1301:18 of the Administrative Code.

(76) Tetrahydrocannabinol or THC means the sum of the amount of delta-9 tetrahydrocannabinol (THC) and 87.7 per cent of the amount of delta-9-tetrahydrocannabinolic acid (THCA) present in the product or plant material. THC does not include minor cannabinoids.

(77) Tetrahydrocannabinol content means tetrahydrocannabinol as defined by this rule and any artificially or naturally derived tetrahydrocannabinols, or any structural, optical or geometric isomers, or analogs of tetrahydrocannabinols derived cannabinoid with an intoxicating or psychoactive effect, as determined by the division of cannabis control.

(78) Tincture means a final form cannabis product in a liquid form that is produced by dissolving cannabis extract or cannabis distillate in an approved carrier liquid to be administered sublingually.

(79) Topical cannabis product means a final form non-edible cannabis product that is intended to be applied topically and absorbed through the skin, including salves, creams, lotions, and balms.

(80) Transdermal cannabis product means a final form non-edible cannabis product that is intended to be applied topically and absorbed through the skin and into the bloodstream, including gels, salves, creams, lotions, patches, and balms.

(81) Trim means the sugar leaves and small pieces of cut-off buds that are intentionally pruned from the cannabis plant post-harvest as part of the trimming or manicuring phase, as well as the resinous trichomes (kief) that are dislodged from the cannabis plant incidental to trimming and manicuring activities.

(82) Vaporization solution means the final form cannabis product manufactured from one or more lots of cannabis extracts, distillate, or concentrate that is combined with terpenes or non-marijuana ingredients that meet all requirements set forth in rule 1301:18-6-07 of the Administrative Code and is administered via inhalation and sold to a customer within a cartridge, pod, or cannabis device.

(83) Veteran status means an individual that may provide the following:

(a) Department of defense identification card (active, retired, temporary disability retirement list (TDRL);

(b) DD214, DD215, or national guard bureau (NGB) military discharge certificate indicating disposition of discharge;

(c) Report of separation from the national archives national personnel records center in St. Louis, Missouri;

(d) Veterans identification card from the department of veterans affairs; or

(e) Other documentation as determined by the division.

(84) Vegetative stage means the stage of cultivation where and when a cannabis plant is propagated to produce additional cannabis plants or reach a sufficient size for production. This includes "seedlings," "clones," "mothers," and other immature cannabis plants identified by:

(a) Having no more than two stigmas visible at each internode of the cannabis plant and if the cannabis plant is in an area that has not been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation;

(b) Any cannabis plant that is cultivated solely for the purpose of propagating clones and is never used to produce any cannabis intended for direct customer sale.

(85) Water activity means the measure of the quantity of water in a product that is available and therefore capable of supporting bacteria, yeasts, and fungi and which is reported in units Aw.

(B) [Reserved].

Last updated November 3, 2026 at 9:27 AM

Supplemental Information

Authorized By: 3796.03
Amplifies: 3796.03, 3796.09, 3796.10, 3796.13, 3796.30
Five Year Review Date: 11/2/2031
Prior Effective Dates: 10/9/2025