Ohio Administrative Code Search
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Rule 3796:3-1-05 | Processor financial responsibility.
...(A) A provisional licensee shall provide evidence of financial responsibility before a certificate of operation can be issued, which may be payable to the department for any of the following reasons: (1) A processor fails to adhere to the security plan approved by the department or otherwise operates the facility in a manner that allows for or results in theft, loss, or diversion of medical marijuana; (2) A process... |
Rule 3796:3-1-08 | Processor transfer of ownership or location.
...(A) A provisional license granted pursuant to this rule is nontransferable. (B) A certificate of operation shall be issued for the specific processor and location identified on the application, and is valid only for the owner, premises, and name designated on the certificate of operation and the location for which it is issued. A certificate of operation may only be transferred or assigned if the department determin... |
Rule 3796:3-2-01 | Processor operations and quality assurance.
...(A) A processor shall establish, maintain, and comply with the policies and procedures contained in the operations plan submitted by the processor as part of the application that was approved by the department. The operations plan shall include policies and procedures for the production, storage, inventory, and transportation of plant material, medical marijuana extract, and medical marijuana products. At a minimum, ... |
Rule 3796:3-2-02 | Processor packaging and labeling.
...(A) A processor distributing medical marijuana to a dispensary shall meet the following requirements: (1) A processor shall place medical marijuana in a child-proof, tamper-evident, light-resistant package approved by the department prior to distribution to a dispensary. Approved packaging shall maintain the integrity and stability of the medical marijuana, and shall comply with the rules promulgated by the state of... |
Rule 3796:3-2-02 | Processor packaging and labeling.
...(A) A processor distributing medical marijuana to a dispensary shall meet the following requirements: (1) A processor shall place medical marijuana in a child-proof, tamper-evident, light-resistant package approved by the department prior to distribution to a dispensary. Approved packaging shall maintain the integrity and stability of the medical marijuana, and shall comply with the rules promulg... |
Rule 3796:3-2-04 | Processor inventory control and storage.
...(A) A processor shall track and submit into the inventory tracking system any information the department determines necessary for maintaining and tracking medical marijuana extract and medical marijuana products. (1) Upon completion of each iteration of an approved extraction process, the processor shall securely attach a label to the container of medical marijuana extract that includes, at a minimum, the following ... |
Rule 3796:3-2-04 | Processor inventory control and storage.
...(A) A processor shall track and submit into the inventory tracking system any information the department determines necessary for maintaining and tracking medical marijuana extract and medical marijuana products. (1) Upon completion of each iteration of an approved extraction process, the processor shall securely attach a label to the container of medical marijuana extract that includes, at a... |
Rule 3796:3-2-06 | Laboratory testing.
...(A) Prior to the sale of any medical marijuana product to a dispensary licensed under Chapter 3796. of the Revised Code, an employee of a licensed testing laboratory shall select a random sample from every lot of medical marijuana products at the facility that is of sufficient quantity to perform the required tests. Every sample shall be tested by a licensed testing laboratory in accordance with t... |
Rule 3796:3-2-07 | Processor prohibited activities.
...(A) A licensed processor shall not sell medical marijuana in any form to a patient or caregiver. (B) A licensed processor shall not permit the consumption of medical marijuana in any form on the premises. (C) A licensed processor shall not process or manufacture a form of marijuana that is not permitted by section 3796.06 of the Revised Code or approved by the state of Ohio board of pharmacy pursuant to division (A... |
Rule 3796:3-2-08 | Processor records and reporting requirements.
...(A) Each processor shall keep and maintain upon the licensed premises for a five-year period, unless otherwise stated in these rules, true, complete, legible, and current books and records. All required records must be made available for inspection if requested by the department. The following records shall be maintained: (1) Records relating to the disposal of medical marijuana, medical marijuana products, and wast... |
Rule 3796:3-3-01 | Processor enforcement.
...(A) The submission of an application that results in the issuance of a provisional license or certificate of operation for a processor irrevocably gives the department consent to conduct all inspections necessary to ensure compliance with the processor's application, state law, Chapter 3796. of the Revised Code and the rules promulgated in accordance with Chapter 3796. of the Revised Code. The department may conduct ... |
Rule 3796:4-1-01 | Number of testing laboratory provisional licenses.
...(A) The director of the department of commerce or the director's designee may issue a provisional license to conduct laboratory testing of medical marijuana in accordance with the criteria listed in section 3796.09 of the Revised Code to an institution of higher learning that meets all of the following conditions: (1) The institution is public, and is located in the state of Ohio; and (2) The institution has the fa... |
Rule 3796:4-1-03 | Testing laboratory application review.
...(A) The department, an independent contractor selected by the department, or a combination of the two shall review the submitted applications as described in this chapter and the application instructions. In order to receive consideration under paragraph (B) of this rule, an applicant shall: (1) Demonstrate sufficient liquid capital pursuant to rule 0 of the Administrative Code and an ability to meet the financial r... |
Rule 3796:4-1-04 | Testing laboratory provisional license award.
...(A) A provisional license shall be issued to the qualified applicant receiving at least the minimum required score in each category and the highest total score overall as compared to the other applicants. (B) If no qualified applicants are found during the process described in rule 3796:4-1-03 of the Administrative Code, a provisional licensee fails to fulfill the conditions in the application, a certificate of ope... |
Rule 3796:4-1-07 | Testing laboratory transfer of ownership or location.
...(A) A provisional license issued pursuant to this rule is nontransferable. (B) A certificate of operation shall be issued for the specific testing laboratory and location identified on the application, and is valid only for the owner, premises, and name designated on the certificate of operation, and the location for which it is issued. A certificate of operation may only be transferred or assigned if the department... |
Rule 3796:4-2-03 | Testing laboratory sample procurement.
...(A) A testing laboratory shall collect samples of harvested plant material for analysis from a cultivator. Samples must be taken from each segregated, 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 proce... |
Rule 3796:4-2-04 | Testing laboratory analysis requirements.
...(A) A testing laboratory shall analyze a sample of at least one half of one percent of the net weight of the batch from each batch of dried, cured plant material intended to be sold to a dispensary licensed by the state of Ohio board of pharmacy for, at minimum: (1) Moisture content; (2) Water activity; (3) Cannabinoid potency including, at minimum: (a) Delta-9-tetrahydrocannabinolic acid (THCA); (b) Delta-9... |
Rule 3796:4-2-04 | Testing laboratory analysis requirements.
...(A) A testing laboratory shall analyze a sample of at least one half of one percent of the net weight of the batch from each batch of dried, cured plant material intended to be sold to a dispensary licensed by the state of Ohio board of pharmacy for, at minimum: (1) Moisture content; (2) Water activity; (3) Cannabinoid potency including, at minimum: (a) Delta-8- tetrahydrocannabinol; (... |
Rule 3796:4-2-05 | Testing laboratory reporting.
...(A) A testing laboratory 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 ... |
Rule 3796:4-2-05 | Testing laboratory reporting.
...(A) A testing laboratory 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 ... |
Rule 3796:4-2-06 | Testing laboratory waste disposal.
...(A) Upon completion of the required analysis performed on any given sample, a testing laboratory shall 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 testi... |
Rule 3796:4-2-07 | Testing laboratory security.
...(A) The department shall determine the appropriate security requirements for all testing laboratory facilities, and may require additional safeguards to ensure the security of medical marijuana. A testing laboratory shall comply with the security plan submitted as part of its testing laboratory provisional license application. At a minimum, the testing laboratory shall: (1) Install an adequate security alarm system... |
Rule 3796:4-3-01 | Testing laboratory enforcement.
...(A) The submission of an application that results in the issuance of a provisional license or certificate of operation for a testing laboratory irrevocably gives the department consent to conduct all inspections necessary to ensure compliance with the testing laboratory's application, state law, Chapter 3796. of the Revised Code and the rules promulgated under Chapter 3796. of the Revised Code. The department may con... |
Rule 3796:5-2-04 | Provisional Employee Identification Cards.
...(A) The division may issue a provisional employee identification card to any individual required to obtain an employee identification card pursuant to rule 3796:5-2-01, 3796:6-2-07, or 3796:6-2-08 of the Administrative Code. (B) A licensee seeking a provisional employee identification card shall submit the following to the division on behalf of the applicant: (1) All employee identification ... |
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,... |