Ohio Administrative Code Search

...(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 3796:3-1-02 of the Administrative Code and an ability to meet the ...

...(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) In the event that two or more qualified applicants for a processor provisional license receive the same total score, and awarding a provisional license to all tied applicants would violate paragraph (A) of rule...

...(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...

...(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, ...

...(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...

...(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...

...(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...

...(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...

...(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 ...

...(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...

...(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...

...(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...

...(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...

...(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...

...(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; (...

...(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 ...

...(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 ...

...(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...

...(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...

...(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,...

...(A) For purposes of this rule, "advertisement" means any written or verbal statement, illustration, or depiction created to induce sales through the use of or a combination of letters, pictures, objects, lighting effects, illustrations, or other similar means. An "advertisement" includes brochures, promotional and other marketing materials. An advertisement with a high likelihood of reaching persons under the age of ...

...(A) "Abandoned application" means an application for a dispensary provisional license where the applicant fails to complete all application requirements within five calendar days after being notified by the state board of pharmacy, subject to the factors that would otherwise remove the applicant from consideration under Chapter 3796. of the Revised Code or this division. An applicant forfeits all fees associated with...

...(A) Unless otherwise provided, when an entity is required pursuant to this division to provide information, sign documents or ensure actions are taken, a person identified in this paragraph, and who is twenty-one years of age or older, shall comply with the 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 corpora...

...(A) The board may award provisional dispensary licenses via competitive scoring, a drawing, or a combination of competitive scoring and drawing, as determined by the board, and described in a request for applications issued by the board pursuant to rule 3796:6-2-01 of the Administrative Code. (B) Provisional dispensary licenses shall only be awarded after final approval by the board, which shall ...

...(A) Each person seeking to licensed as a dispensary support employee shall submit a completed dispensary support employee application form in accordance with section 3796.13 of the Revised Code, which can be accessed by visiting www.medicalmarijuana.ohio.gov. (B) The following must be included with a dispensary support employee license application: (1) A head and shoulders photograph captured within the previous si...