Ohio Revised Code Search
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Section 3794.07 | Duties of the department of health.
...Duties of the Department of Health. This chapter shall be enforced by the department of health and its designees. The director of health shall within six months of December 7, 2006: (A) Promulgate rules in accordance with Chapter 119. of the Revised Code to implement and enforce all provisions of this chapter; (B) Promulgate rules in accordance with Chapter 119. of the Revised Code to prescribe a schedule of fines... |
Section 3794.08 | Smoke free indoor air fund.
...Smoke Free Indoor Air Fund. There is hereby created in the state treasury the smoke free indoor air fund. All fines collected pursuant to this chapter and any grant, contribution, or other moneys received by the department of health for the purposes of this chapter shall be credited to the smoke free indoor air fund and used solely for the purposes of this chapter. |
Section 3794.09 | Enforcement; penalties.
...Enforcement; Penalties. (A) Upon the receipt of a first report that a proprietor of a public place or place of employment or an individual has violated any provision of this chapter, the department of health or its designee shall investigate the report and, if it concludes that there was a violation, issue a warning letter to the proprietor or individual. (B) Upon a report of a second or subsequent violation of a... |
Section 3795.01 | Assisted suicide definitions.
...As used in sections 3795.01, 3795.02, and 3795.03 of the Revised Code: (A) "Assist suicide" or "assisting suicide" means knowingly doing either of the following, with the purpose of helping another person to commit or attempt suicide: (1) Providing the physical means by which the person commits or attempts to commit suicide; (2) Participating in a physical act by which the person commits or attempts to commi... |
Section 3795.02 | Declaring public policy of state - injunctions.
...(A) Assisting suicide is hereby declared to be against the public policy of the state. (B) A court of common pleas shall grant an injunction enjoining any action related to assisting suicide if it finds there is reason to believe that the person enjoined is preparing to assist a suicide, is in the course of assisting a suicide, or has assisted a suicide. The injunction shall prohibit the person from assisting any su... |
Section 3795.03 | Exceptions.
...Nothing in section 3795.01, 3795.02, or 3795.04 of the Revised Code shall do any of the following: (A) Prohibit or preclude a physician, certified nurse practitioner, certified nurse-midwife, or clinical nurse specialist who carries out the responsibility to provide comfort care to a patient in good faith and while acting within the scope of the physician's or nurse's authority from prescribing, dispensing, administ... |
Section 3795.04 | Assisted suicide.
...(A) Except as provided in section 3795.03 of the Revised Code, no person shall knowingly cause another person to commit or attempt to commit suicide by doing either of the following: (1) Providing the physical means by which the other person commits or attempts to commit suicide; (2) Participating in a physical act by which the other person commits or attempts to commit suicide. (B) Whoever violates division (A) o... |
Section 3796.01 | Definitions.
...(A) As used in this chapter: (1) "Marijuana" means marihuana as defined in section 3719.01 of the Revised Code. (2) "Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose. (3) "Academic medical center" has the same meaning as in section 4731.297 of the Revised Code. (4) "Drug database" means the database established and maintained by the stat... |
Section 3796.02 | Establishment.
...There is hereby established a division of marijuana control in the department of commerce. The medical marijuana control program is hereby established in the division of marijuana control. The division shall provide for the licensure of medical marijuana cultivators, processors, retail dispensaries, and laboratories that test medical marijuana. The division shall also provide for the registration of patients and thei... |
Section 3796.021 | Medical marijuana advisory committee.
...(A) The medical marijuana advisory committee is hereby created in the state board of pharmacy. The committee shall consist of the following: (1) Two members who are practicing pharmacists, at least one of whom supports the use of marijuana for medical purposes and at least one of whom is a member of the board of pharmacy; (2) Two members who are practicing physicians, at least one of whom supports the use of mariju... |
Section 3796.03 | Adoption of rules and standards.
...and that existed at a location before a school, church, public library, public playground, or public park became established within five hundred feet of the cultivator, processor, retail dispensary, or laboratory, may remain in operation or shall relocate or have its license revoked by the division; (10) Specify, by form and tetrahydrocannabinol content, a maximum ninety-day supply of medical marijuana that may be... |
Section 3796.031 | Closed-loop payment processing system.
...(A) The director of commerce may, in accordance with Chapter 119. of the Revised Code, adopt rules that establish a closed-loop payment processing system under which the state creates accounts to be used only by registered patients and caregivers at licensed dispensaries as well as by all license holders under this chapter. The system may include record-keeping and accounting functions that identify all parties invol... |
Section 3796.032 | Applicability to research and development institutions and organizations.
...This chapter does not authorize the division of marijuana control to oversee or limit research conducted at a state university, academic medical center, or private research and development organization that is related to marijuana and is approved by an agency, board, center, department, or institute of the United States government, including any of the following: (A) The agency for health care research and quality... |
Section 3796.05 | Number of cultivator and dispensary licenses; testing standards and procedures.
...(A) When establishing the number of cultivator licenses that will be permitted at any one time, the division of marijuana control shall consider both of the following: (1) The population of this state; (2) The number of patients seeking to use medical marijuana. (B) When establishing the number of retail dispensary licenses that will be permitted at any one time, the division shall consider all of the follow... |
Section 3796.06 | Forms of medical marijuana.
...(A) Only the following forms of medical marijuana may be dispensed under this chapter: (1) Oils; (2) Tinctures; (3) Plant material; (4) Edibles; (5) Patches; (6) Any other form approved by the division of marijuana control under section 3796.061 of the Revised Code. (B) With respect to the methods of using medical marijuana, all of the following apply: (1) The smoking or combustion of medical ... |
Section 3796.061 | Petition for form or method of use.
...(A) Any person may submit a petition to the state division of marijuana control requesting that a form of or method of using medical marijuana be approved for the purposes of section 3796.06 of the Revised Code. A petition shall be submitted to the division in a manner prescribed by the division. A petition shall not seek to approve a method of using medical marijuana that involves smoking or combustion. (B) On re... |
Section 3796.07 | Electronic database.
...The department of commerce shall establish and maintain an electronic database to monitor medical marijuana from its seed source through its cultivation, processing, testing, and dispensing. The department may contract with a separate entity to establish and maintain all or any part of the electronic database on behalf of the department. The electronic database shall allow for information regarding medical marijuana... |
Section 3796.08 | Registration.
...(A)(1) Until one hundred eighty days following the effective date of this amendment , a patient seeking to use medical marijuana or a caregiver seeking to assist a patient in the use or administration of medical marijuana shall apply to the state board of pharmacy for registration. On and after one hundred eighty days following the effective date of this amendment , a patient seeking to use medical marijuana or a car... |
Section 3796.09 | License to cultivate, process or test medical marijuana.
...e located within five hundred feet of a school, church, public library, public playground, or public park. (5) The information provided to the department pursuant to section 3796.11 of the Revised Code demonstrates that the applicant is in compliance with the applicable tax laws of this state. (6) The applicant meets all other licensure eligibility conditions established in rules adopted under section 3796.03 of ... |
Section 3796.10 | Application to dispense.
...e located within five hundred feet of a school, church, public library, public playground, or public park. (5) The information provided to the division pursuant to section 3796.11 of the Revised Code demonstrates that the applicant is in compliance with the applicable tax laws of this state. (6) The applicant meets all other licensure eligibility conditions established in rules adopted under section 3796.03 of ... |
Section 3796.11 | Information provided by department of taxation.
...(A)(1) Notwithstanding section 149.43 of the Revised Code or any other public records law to the contrary or any law relating to the confidentiality of tax return information, upon the request of the division of marijuana control, the department of taxation shall provide to the division all of the following information: (a) Whether an applicant for licensure under this chapter is in compliance with the applicable ... |
Section 3796.12 | Criminal records check.
...(A) As used in this section, "criminal records check" has the same meaning as in section 109.572 of the Revised Code. (B)(1) As part of the application process for a license issued under this chapter, the division of marijuana 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 the entity seeking the licens... |
Section 3796.13 | Employment.
...(A) Each person seeking employment with an entity licensed under this chapter shall comply with sections 4776.01 to 4776.04 of the Revised Code. Except as provided in division (B) of this section, such an entity shall not employ the person unless the person has submitted a criminal records check under those sections. The report of the resulting criminal records check shall demonstrate that the person has not been con... |
Section 3796.14 | Authority of department of commerce.
...(A) The division of marijuana control may do any of the following for any reason specified in rules adopted under section 3796.03 of the Revised Code: (1) Suspend, suspend without prior hearing, revoke, or refuse to renew a license it issued under this chapter or a license or a registration the state board of pharmacy issued prior to the transfer of regulatory authority over the medical marijuana control program t... |
Section 3796.15 | Enforcement by state board of pharmacy.
...(A) The division of marijuana control shall enforce this chapter, or cause it to be enforced. If the division has information that this chapter or any rule adopted under this chapter has been violated, it shall investigate the matter and take any action as it considers appropriate. (B) Nothing in this chapter shall be construed to require the division to enforce minor violations if the division determines that the... |