Ohio Administrative Code Search
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Rule 3796:4-1-03 | Testing laboratory application review.
...e applicant from operating as a medical marijuana testing laboratory; (5) Certify that an owner or prospective owner, officer or prospective officer, board member or prospective board member, administrator or prospective administrator, employee or prospective employee, agent, or other person who may significantly influence or control the activities of the testing laboratory does not have a direct or indirect financ... |
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Rule 3796:4-2-01 | Testing laboratory operations.
...ansportation of plant material, medical marijuana extract, and medical marijuana products. At a minimum, a facility's operations plan shall accomplish the following: (1) Designate areas in the facility that are compartmentalized based on function, including any areas to which access is restricted, and including areas that segregate samples awaiting analysis from those samples being analyzed or prepared for analysis,... |
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Rule 3796:4-2-03 | Testing laboratory sample procurement.
...regated, homogenized batch of harvested marijuana, as defined in rule 3796:1-1-01 of the Administrative Code, in such a manner as to ensure that a random sample is selected. (B) A testing laboratory shall collect samples of medical marijuana products for analysis from a processor. Samples must be taken from each lot of medical marijuana products, as defined in rule 3796:1-1-01 of the Administrative Code, in such a ... |
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Rule 3796:4-2-04 | Testing laboratory analysis requirements.
...t for use in the manufacture of medical marijuana products for, at minimum: (1) Pesticide and fertilizer residue; and (2) Cannabinoid potency for, at a minimum: (a) Delta-9-tetrahydrocannabinolic acid (THCA); (b) Delta-9-tetrahydrocannabinol (THC); (c) Cannabidiolic acid (CBDA); (d) Cannabidiol (CBD); and (e) Cannabinol (CBN); (C) A testing laboratory shall analyze a sample of one unit of the same size... |
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Rule 3796:4-2-04 | Testing laboratory analysis requirements.
...t for use in the manufacture of medical marijuana products for, at minimum: (1) Pesticide and fertilizer residue; and (2) Cannabinoid potency for, at a minimum: (a) Delta-8-tetrahydrocannabinol; (b) Delta-8-tetrahydrocannabinolic acid; (c) Delta-9-tetrahydrocannabinol; (d) Delta-9-tetrahydrocannabinolic acid; (e) Cannabidiol (CBD); (f) Cannabidiolic acid (CBDA); (g) THC content as defined in r... |
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Rule 3796:4-2-05 | Testing laboratory reporting.
...boratory performing analysis on medical marijuana shall input the results of analysis into the inventory tracking system. The department may require a testing laboratory to submit, in portable document format (.pdf), an electronic copy of the results of analysis of any batches and lots tested to an email address specified and maintained by the department. (B) A testing laboratory performing analysis on medical marij... |
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Rule 3796:4-2-05 | Testing laboratory reporting.
...tory performing analysis on medical marijuana shall input the results of analysis into the inventory tracking system. The department may require a testing laboratory to submit, in portable document format (.pdf), an electronic copy of the results of analysis of any batches and lots tested to an email address specified and maintained by the department. (B) A testing laboratory performing analy... |
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Rule 3796:4-2-06 | Testing laboratory waste disposal.
... immediately dispose of any medical marijuana waste or excess medical marijuana not used during the sample analysis in accordance with the testing laboratory's disposal plan and in such a manner as to render the medical marijuana unusable. (B) The disposal procedures established by the testing laboratory and submitted as part of the application process shall be sufficient to render unusable ... |
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Rule 3796:4-2-08 | Testing laboratory prohibited activities.
...e, distribute, provide, or sell medical marijuana in any form. (B) A testing laboratory shall not permit the consumption of medical marijuana in any form on the premises. (C) A testing laboratory shall not share a facility with a cultivator, processor, or dispensary licensed under Chapter 3796. of the Revised Code. (D) A testing laboratory shall not falsify, change, modify, or otherwise alter in any way the resu... |
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Rule 3796:4-2-09 | Testing laboratory record keeping requirements.
...ating to the disposal of excess medical marijuana and medical marijuana waste in accordance with paragraph (E) of this rule and paragraph (D) of rule 3796:4-2-06 of the Administrative Code; (2) Transportation records in accordance with rule 3796:4-2-10 of the Administrative Code; (3) Records of all samples analyzed and the corresponding certificates of analysis; (4) Security records in accordance with paragraph... |
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Rule 3796:4-2-10 | Testing laboratory transportation of medical marijuana samples.
...(A) Prior to transporting any medical marijuana samples, regardless of form, a testing laboratory licensed by the department shall maintain a transportation log, in writing, that contains the following information: (1) The name and address of the medical marijuana entity from which the sample is taken; (2) The name and registration number of the registered testing laboratory employee transporting the medical mariju... |
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Rule 3796:4-3-01 | Testing laboratory enforcement.
... other resource used to analyze medical marijuana; (7) Request access to locked areas in the facility; and (8) Question licensed employees at the location; (C) A pre-approval inspection of a testing laboratory that is required before the department issues a certificate of operation to a testing laboratory possessing a provisional license under rule 3796:4-1-06 of the Administrative Code shall occur at a mutuall... |
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Rule 3796:5-4-01 | Medical marijuana entity loss, theft, and emergency reporting.
...(A) If a medical marijuana entity licensed by the department has reason to believe that an actual loss, theft, or diversion of medical marijuana has occurred, the medical marijuana entity shall notify immediately the department and law enforcement. A type 1 key employee of the medical marijuana entity licensed by the department shall provide the notice by submitting a signed statement that details the estimated time,... |
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Rule 3796:5-6-01 | Scope of enforcement and enforcement powers.
...n, processing, and testing of medical marijuana. Division 3796:5 of the Administrative Code also establish legal standards for the denial, suspension, or revocation of licenses issued by the department under Chapter 3796. of the Revised Code. If any portion of the rules is found to be invalid, the remaining portion of the rules shall remain in force and effect. (A) Whenever it appears to the department ... |
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Rule 3796:5-6-02 | Prohibited activities.
...ment: (1) The distribution of medical marijuana to minors has occurred; (2) Revenue from the sale of medical marijuana has gone to criminal enterprises; (3) Medical marijuana has been diverted across state lines in a manner prohibited by either state; (4) Trafficking of illegal drugs or illegal activities has occurred on the premises; (5) Illegal or unauthorized possession or use of a firearm at a facility;... |
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Rule 3796:5-6-03 | General enforcement.
...y person whose actions led to a medical marijuana entity's license being revoked, may make an application for any cultivator, processor, or testing laboratory license or employee identification card for at least five years from the date of such revocation or final judicial decision upon appeal of an order of revocation. (B) If a license is voluntarily surrendered or is not renewed, the department shall not be prohib... |
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Rule 3796:5-7-01 | Advertising.
...mpaigns related to or involving medical marijuana does not encourage, promote, or otherwise create any impression that marijuana is legal or acceptable to use in a manner except as specifically authorized by Chapter 3796. of the Revised Code or the rules promulgated in accordance with Chapter 3796. of the Revised Code, or that recreational marijuana use has any potential health or therapeutic benefits, or that recrea... |
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Rule 3796:5-8-01 | Product registration.
...(A) Every medical marijuana strain and every medical marijuana product shall be registered with the department and assigned a product identifier by the state of Ohio board of pharmacy before it may be sold to a dispensary or dispensed to a patient or caregiver. Before a product is eligible for the assignment of a product identifier, in accordance with rules promulgated by the state of Ohio board of pharmacy, the prod... |
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Rule 3796:6-1-01 | Definitions.
...eceives, dispenses, or destroys medical marijuana. A method may not rely solely on the use of a private personal identifier such as a password, but must also include a secure means of identification such as the following: (1) A manual signature on a hard copy record; (2) A magnetic card reader; (3) A barcode reader; (4) A biometric method; (5) A proximity badge reader; (6) A state board of pharmacy-approved sys... |
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Rule 3796:6-2-03 | Medical marijuana dispensary ownership and ownership requirements.
...he requirement on behalf of the medical marijuana establishment: (1) If a natural person is applying for a dispensary license, the natural person; (2) If a corporation is applying for a dispensary license, a natural person who is an officer of the corporation; (3) If a partnership is applying for a dispensary license, a natural person who is a partner; (4) If a limited-liability company is applying for a dispensa... |
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Rule 3796:6-2-04 | Medical marijuana dispensary license application evaluation.
...with a certificate to recommend medical marijuana or such a physician has an ownership or investment interest in or a compensation arrangement with the applicant; (4) Will be located within five hundred feet of a prohibited facility; or (5) Is not in compliance with the applicable tax laws of this state or its political subdivisions; or is not in compliance with the applicable tax laws of any jurisdiction where the... |
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Rule 3796:6-2-04 | Medical marijuana dispensary license application evaluation.
... a certificate to recommend medical marijuana or such a physician has an ownership or investment interest in or a compensation arrangement with the applicant; (4) Will be located within five hundred feet of a prohibited facility; or (5) Is not in compliance with the applicable tax laws of this state or its political subdivisions. (I) The state board of pharmacy may deny a provisional di... |
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Rule 3796:6-2-05 | Number of dispensary provisional licenses.
...mber of patients seeking to use medical marijuana and the geographic distribution of dispensary sites in an effort to ensure patient access to medical marijuana. The state board of pharmacy shall consider these factors at least once each biennial licensing term to determine whether a sufficient number of medical marijuana dispensaries exist. (C) If additional licenses are deemed necessary, the state board of pharma... |
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Rule 3796:6-2-05 | Number of dispensary provisional licenses.
...mber of patients seeking to use medical marijuana and the geographic distribution of dispensary sites in an effort to ensure patient access to medical marijuana. The state board of pharmacy shall consider these factors at least once each biennial licensing term to determine whether a sufficient number of medical marijuana dispensaries exist. (B) If additional licenses are deemed necessary, the state ... |
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Rule 3796:6-2-06 | Final inspection and certificate of operation for medical marijuana dispensaries.
...sion, and before dispensing any medical marijuana. A dispensary must name a designated representative, in compliance with rule 3796:6-3-05 of the Administrative Code and attest that fingerprint impressions for a criminal background check pursuant to rule 3796:6-2-07 of the Administrative Code have been submitted, before such notification. (B) Within fourteen calendar days of notification an inspection of the dispens... |