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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 3796:4-3-01 | 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 3796:5-4-01 | 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,...

Rule 3796:5-7-01 | Advertising.

...(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 ...

Rule 3796:6-1-01 | Definitions.

...(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...

Rule 3796:6-2-03 | Medical marijuana dispensary ownership and ownership requirements.

...(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...

Rule 3796:6-2-04 | Medical marijuana dispensary license application evaluation.

...(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 ...

Rule 3796:6-2-08 | Licensing of medical marijuana dispensary support employees.

...(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...

Rule 3796:6-2-08 | Licensing of medical marijuana dispensary support employees.

...(A) An applicant for a dispensary support employee license shall: (1) Comply with all requirements set forth in Chapter 3796. of the Revised Code and the rules adopted thereunder; (2) Comply with the criminal records check requirements in this rule; (3) Be twenty-one years of age or older; and (4) Submit a complete application, in a manner determined by the board, that includes all the ...

Rule 3796:6-2-09 | Medical marijuana dispensary employees generally.

...(A) All dispensary associated key employees, key employees and support employees are employees of a dispensary and shall hold an employee license issued by the state board of pharmacy. No licensed dispensary shall allow a person to begin work at the dispensary before receiving an employee license by the state board of pharmacy. No person with a lapsed employee license shall work at a dispensary. (B) A dispensary emp...

Rule 3796:6-2-09 | Medical marijuana dispensary employees generally.

...(A) All dispensary associated key employees, key employees and support employees are employees of a dispensary and shall hold an employee license issued by the state board of pharmacy. No licensed dispensary shall allow a person to begin work at the dispensary before receiving an employee license by the state board of pharmacy. No person with an expired employee license shall work at a dispensary....

Rule 3796:6-3-01 | Dispensary operations generally.

...(A) A dispensary awarded a certificate of operation under this division shall: (1) Operate in accordance with the representations made in its application; and (2) Comply with Chapter 3796. of the Revised Code and this division. (B) Only a dispensary with an active certificate of operation from the state board of pharmacy may authorize and engage in medical marijuana dispensary operations. (C) A dispensary shall n...

Rule 3796:6-3-01 | Dispensary operations generally.

...(A) A dispensary awarded a certificate of operation under this division shall: (1) Operate in accordance with the representations made in its application; and (2) Comply with Chapter 3796. of the Revised Code and this division. (B) Only a dispensary with an active certificate of operation from the state board of pharmacy may authorize and engage in medical marijuana dispensary operations. (C) A dispensary shall n...

Rule 3796:6-3-11 | Duty to report.

...(A) A person licensed under this chapter is responsible to monitor for suspicious recommendations, unusual usage, or questionable disposition of medical marijuana. (B) Each person licensed under this chapter shall notify the following upon discovery of the theft or loss of any medical marijuana or medical marijuana device, including medical marijuana in transit that was either shipped from or to the dispensary: (1)...

Rule 3796:6-3-15 | Dispensary patient and caregiver educational materials.

...(A) Each dispensary shall develop and maintain a policy regarding patient and caregiver education and support. (B) A patient and caregiver education and support policy shall include: (1) Updated information about the purported effectiveness of various forms and methods of medical marijuana administration; (2) Updated information about the purported effectiveness of strains of medical marijuana for specific conditi...

Rule 3796:6-3-15 | Dispensary patient and caregiver educational materials.

...(A) Each dispensary shall develop and maintain a policy regarding patient and caregiver education and support. (B) A patient and caregiver education and support policy shall include: (1) Information regarding the signs and symptoms of substance abuse, including tolerance, dependency, and withdrawal; (2) Whether possession of medical marijuana is illegal under federal law; (3) Information about possible side effec...

Rule 3796:6-3-22 | Prohibitions.

...(A) No dispensary employee may share office space with, compensate, receive compensation from, or refer patients to a physician holding a certificate to recommend issued by the state medical board under section 4731.30 of the Revised Code. (B) A dispensary shall not allow a physician holding a certificate to recommend issued by the state medical board under section 4731.30 of the Revised Code to ...

Rule 3796:6-3-24 | Advertising, marketing, and signage.

...(A) For purposes of this rule "advertisement" means any written or verbal statement, illustration, or depiction created to induce sales through a combination of letters, pictures, objects, lighting effects, illustrations, or other similar means. An "advertisement" includes brochures, promotional material and other marketing materials. An advertisement that renders medical marijuana or medical marijuana products att...

Rule 3796:6-4-03 | Grounds for discipline.

...(A) The state board of pharmacy, after notice and hearing in accordance with Chapter 119. of the Revised Code, may revoke, suspend, limit, place on probation, or refuse to grant or renew a provisional dispensary license, certificate of operation, or a dispensary employee license, or may impose a monetary penalty or forfeiture if the board finds that the licensee: (1) Has violated any state o...

Rule 3796:6-5-01 | Medical marijuana dispensary fee structure.

...(A) The following non-refundable licensing fees are as follows: (1) The application fee for a dispensary license is five thousand dollars. One application fee must be submitted with each application. (2) The certificate of operation fee is seventy thousand dollars. One certificate of operation fee must be submitted for each certificate of operation. (3) In addition to the certificate of operation fee, the fee to f...