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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 3796:6-3-23 | Dispensary access.


(A) Except as provided under this division, no person, except a registered patient or caregiver, dispensary employee, or a cultivator or processor employee delivering medical marijuana, shall be granted access to a dispensary. One individual may also accompany a registered patient or caregiver into the dispensary; however, that individual must remain in the waiting area.

(B) Notwithstanding paragraph (A) of this rule, the following may be granted access to a dispensary:

(1) Third party service personnel, such as technicians, utility workers, and employee representatives, , provided that such visitors are entered in the visitor log, are identified on the third party vendor list maintained in compliance with paragraph (E)(6)(b) of rule 3796:6-3-17 of the Administrative Code, and are accompanied at all times by a dispensary employee. Such visitors may only enter non-restricted areas, and may not have access to areas containing medical marijuana without continuous supervision by a dispensary employee;

(2) Local, state or federal law enforcement, emergency service personnel, or government officials in the performance of their civil or administrative governmental duties;

(3) Upon written request on a form approved by the state board of pharmacy and approval by the board, physicians who hold a certificate to recommend issued by the state medical board; and

(4) Upon written request on a form approved by the state board of pharmacy and approval by the board, any other person demonstrating a legitimate need to be granted access to the dispensary.

(C) A dispensary employee shall escort and supervise such visitors at all times the visitor or visitors are on the dispensary premises.

(D) Visitors shall obtain and display a visitor identification badge at all times that the visitor is on dispensary premises and shall return the visitor identification badge to a dispensary employee upon exiting the dispensary. To obtain a visitor identification badge, the individual must present a valid, government issued identification containing a photograph.

(E) All visitors shall log in and out. The dispensary shall maintain the visitor log, which shall include the date, time, and purpose of the visit. Visitor logs shall be available to the state board of pharmacy upon request.

(F) Except as otherwise provided in this rule, visitors shall only enter non-restricted access areas. Access to restricted access areas or any room containing medical marijuana is prohibited.

(G) Visitors shall not enter the dispensary during hours of operation or when patients or caregivers are present unless approved by the board.

(H) No photographs or recordings in any form shall be made of restricted dispensary areas.

(I) No photographs or recordings that identify patients or caregivers shall be made absent a consent form signed by the identified patient or caregiver.

(J) A written request described in this rule requires reasonable advance notice, as determined by the board.

Last updated September 6, 2022 at 8:33 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04. 3796.20
Five Year Review Date: 9/5/2027
Prior Effective Dates: 9/8/2017