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Ohio Revised Code Search

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Section 3780.03 | Establishment and authority of division of cannabis control; adoption of rules.

...t and authority of division of cannabis control; adoption of rules. (A) There is hereby established a division of cannabis control within the department of commerce. (B) To ensure the proper oversight and control of the adult use cannabis industry, the division of cannabis control shall have the authority to license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories...

Section 3780.04 | Allowable forms of adult use cannabis.

... a petition to the division of cannabis control requesting that an additional form or method of adult use cannabis be approved. A petition shall be submitted to the division of cannabis control in a manner prescribed by the division of cannabis control. (C) On receipt of a petition, the division of cannabis control shall determine whether or not to approve the form or method of adult use cannabis described in the p...

Section 3780.05 | Electronic database.

...ic database. The division of cannabis control shall establish and maintain an electronic database to monitor all adult use cannabis from its seed or clone source through its cultivation, processing, testing, and dispensing for all adult use cannabis operator operations. The division of cannabis control may contract with a separate entity or state agency to establish and maintain all or any part of the electronic da...

Section 3780.06 | Information provided by the department of taxation.

...the request of the division of cannabis control, the department of taxation shall provide to the division of cannabis control all of the following information: (a) Whether an applicant for license under this chapter follows the applicable tax laws of this state; (b) Any past or pending violation by the applicant of those tax laws, and any penalty imposed on the applicant for such a violation. (2) The division o...

Section 3780.07 | Facilities.

...ited facility, the division of cannabis control shall deny the relocation and the adult use cannabis operator or adult use testing laboratory may apply with the division of cannabis control to request a relocation to a different location. (B) Division (A) does not apply to: (1) Current facilities and properties of adult use cannabis operators if the license holder or applicant, or the owners of the license hold...

Section 3780.08 | Criminal records checks.

... this chapter, the division of cannabis control shall require each of the following to complete a criminal records check: (a) An administrator or other person responsible for the daily operation of an adult use cannabis operator or an adult use testing facility seeking a license; (b) An owner or prospective owner, officer or prospective officer, or board member or prospective board member of an entity seeking the...

Section 3780.09 | Location of adult use cannabis operators.

...les adopted by the division of cannabis control. (B) All other applicants who do not have a certificate of operation shall conduct business at a facility consistent with this chapter and as approved by the division of cannabis control.

Section 3780.10 | Adult use cannabis operator and adult use testing laboratory licenses.

...l be issued by the division of cannabis control within nine months of the effective date of this section if the license applicant is in compliance with section 3780.11 of the Revised Code and this chapter, and the license applicant , or the same owners of the license applicant, have a certificate of operation or medical provisional license issued as of the effective date of this section : (1) A dispensary issued a...

Section 3780.11 | Application requirements for adult use cannabis operators and adult use testing laboratories.

...licensure with the division of cannabis control. Each application shall be submitted in accordance with rules adopted under section 3780.03 of the Revised Code and in conformity with this chapter. Initial applications shall be made available to adult use operators and adult use testing laboratory within six months of the effective date of this section and license applicants shall comply with all requirements of this ...

Section 3780.12 | Level I and level II adult use cultivator license.

...Level I and level II adult use cultivator license. (A) Notwithstanding any conflicting provision of the Revised Code and except as provided in division (B) of this section, the holder of a current and valid level I or level II adult use cultivator license issued under this chapter may do either of the following: (1) Cultivate adult use cannabis; (2) Distribute, transfer, and sell adult use cannabis to other adu...

Section 3780.13 | Level III adult use cultivator license.

...Level III adult use cultivator license. (A) Notwithstanding any conflicting provision of the Revised Code, and except as provided in division (B) of this section, the holder of a current and valid level III adult use cultivator license issued under this chapter may do any of the following: (1) Cultivate adult use cannabis; (2) Distribute, transfer, and sell adult use cannabis to other adult use cannabis operato...

Section 3780.14 | Adult use processor license.

...Adult use processor license. (A) Notwithstanding any conflicting provision of the Revised Code, the holder of a current and valid adult use processor license issued under this chapter may do any of the following: (1) Obtain cannabis from adult use cannabis operators; (2) Subject to the rules adopted pursuant to this section, process adult use cannabis obtained from adult use cannabis operators into a form autho...

Section 3780.15 | Adult use dispensary license.

...Adult use dispensary license. (A) Notwithstanding any conflicting provision of the Revised Code, the holder of a current and valid adult use dispensary license issued under this chapter may do the following: (1) Obtain adult use cannabis from adult use processors, adult use cultivators, level III adult use cultivators, and other adult use dispensaries; (2) Distribute, transfer, or sell adult use cannabis to ...

Section 3780.16 | Adult use testing laboratory license.

...Adult use testing laboratory license. (A) Notwithstanding any conflicting provision of the Revised Code, the holder of a current and valid adult use testing laboratory license issued under this chapter may do both of the following: (1) Obtain adult use cannabis from one or more adult use cannabis operators licensed under this chapter for testing purposes only; and (2) Conduct cannabis testing, research and oper...

Section 3780.17 | Licensure of individuals.

...viduals. (A) The division of cannabis control may issue a license to an individual applicant required to be licensed related to an adult use cannabis operator or adult use testing laboratory after it has determined that the applicant is eligible for a license under rules adopted by the division of cannabis control and after the applicant has paid any applicable fees. (B) To be eligible for a license, an applicant...

Section 3780.18 | Purpose of cannabis social equity and jobs program.

...Purpose of cannabis social equity and jobs program. (A) Additional efforts are needed to reduce barriers to ownership and opportunities within the adult use cannabis industry for individuals and communities most adversely impacted by the enforcement of marijuana-related laws. (B) In the interest of establishing an adult cannabis industry that is equitable and accessible to those most adversely impacted by the enf...

Section 3780.19 | Cannabis social equity and jobs program.

... participants, the division of cannabis control shall waive at least fifty percent of any license or application fees associated with a license holder's application or license. (D) Any business or personal financial information, or trade secrets submitted by a cannabis social equity and jobs program applicant to the department of development pursuant to this section are not public records for purposes of section 1...

Section 3780.20 | Operations.

... (3) Waste disposal; (4) Inventory control and storage; (5) Monitoring, surveillance and security requirements; (6) Laboratory testing; (7) Records and reporting requirements; (8) Hours of operation and procedures when location is closed; (9) Receipt of adult use cannabis; (10) Dispensing errors reporting and review; (11) Destruction and disposal of adult cannabis; (12) Recall procedures;...

Section 3780.21 | Advertising.

...tising. (A) The division of cannabis control may adopt rules regulating advertisements of license holders to prevent advertisements that are false, misleading, targeted to minors, promote excessive use, or that promote illegal activity. (B) Rules adopted by the division of cannabis control pursuant to section (A) of this chapter shall not require preapproval and shall not overly burden the legitimate commercial...

Section 3780.22 | Tax levied on adult use consumers.

...Tax levied on adult use consumers. (A) For the purpose of supporting social equity issues, providing funds to support jobs and economic development, providing funding for host communities who have adult use dispensaries in their jurisdiction to support these communities, funding education and treatment for individuals with cannabis and other addiction issues, and defraying the costs of regulation and administering...

Section 3780.23 | Funds created.

...nd; and (5) The division of cannabis control and tax commissioner fund. (B) All monies collected from the tax levied under this chapter shall be deposited into the adult use tax fund. (C) Unless otherwise authorized under this chapter or rule, the director of budget and management shall transfer amounts to each fund as follows: (1) Thirty-six per cent to the cannabis social equity and jobs fund to be used...

Section 3780.24 | Tax administration and enforcement.

...Tax administration and enforcement. The tax commissioner shall administer and enforce sections 3780.22 through 3780.23 of this chapter. In addition to any other powers conferred upon the tax commissioner by law, the tax commissioner may: (A) Prescribe all forms that are required to be filed under sections 3780.22 through 3780.23 of this chapter ; (B) Adopt rules that are necessary and proper to carry out sect...

Section 3780.25 | Local authority regarding adult use cannabis operators.

...a license from the division of cannabis control, unless a majority of the members of the legislative authority of a municipal corporation affirmatively pass an ordinance, or a majority of township trustees in a township affirmatively pass a resolution, after the license is issued and within one hundred and twenty days from license issuance, prohibiting the operation of the adult use dispensary within the municipal co...

Section 3780.26 | Enforcement authority of the division of cannabis control.

...t authority of the division of cannabis control. (A) The division of cannabis control shall enforce, or cause to be enforced, all sections of this chapter and the rules adopted thereunder. If the division of cannabis control has information that any provision of this chapter or that any rule adopted thereunder has been violated, it may investigate the matter and take any reasonable action as it considers appropriat...

Section 3780.27 | Enforcement by the attorney general.

...n request from the division of cannabis control, the Ohio attorney general may bring a cause of action to restrain a violation of this chapter. Such an action is a civil action, governed by the Rules of Civil Procedure. (B) The court of common pleas of Franklin county shall give any claim filed under division (A) of this section priority over all other civil cases before the court, irrespective of position on the c...