Ohio Administrative Code

19.03 PDF: (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 …

19.03 PDF: (A) In accordance with division (B) of section 3796.05 of the Revised Code, the state board of pharmacy shall consider the population of this state, the number of patients seeking to use medical marijuana and the geographic distribution of dispensary sites in an effort…

19.03 PDF: (A) A provisional dispensary licensee shall notify the board once it is capable of operating in accordance with Chapter 3796. of the Revised Code and this division, and before dispensing any medical marijuana. Before such notification, the provisional dispensary licens…

19.03 PDF: (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 year…

19.03 PDF: (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 r…

19.03 PDF: (A) Every dispensary certificate of operation issued pursuant to this division shall expire on the first day of July of every odd-numbered year regardless of the date on which the certificate of operation was renewed.(B) Every dispensary issued a certificate of operati…

19.03 PDF: (A) A dispensary may relocate in the district where the dispensary is licensed. To relocate a dispensary, the dispensary must submit an application requesting the change and the relocation fee to the state board of pharmacy. Pursuant to division (B) of section 3796.05 …

19.03 PDF: (A) A dispensary that plans to discontinue business activities shall file a written notice with the board of pharmacy. The written notice shall be submitted to the board at least thirty calendar days in advance of the proposed date of discontinuing business, unless wai…

19.03 PDF: (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 certifi…

19.03 PDF: (A) During times when a dispensary is closed, it shall be securely locked and equipped with an alarm system approved by the state board of pharmacy. Such alarm shall be activated and operated separately from any other alarm system at the dispensary and shall be able to…

19.03 PDF: (A) Each dispensary shall:(1) Establish a standard operating procedure for all aspects of the receipt, storage, packaging, labeling, handling, tracking and dispensing of products containing medical marijuana and medical marijuana waste.(2) Use the state inventory track…

19.03 PDF: (A) Pursuant rule 3796:6-3-05 of the Administrative Code, a designated representative shall provide supervision and control of medical marijuana and medical marijuana products and adequate safeguards to ensure that such items are dispensed in accordance with Chapter 37…

19.03 PDF: (A) A dispensary is authorized to sell medical marijuana only to:(1) Qualified patients, eighteen years of age and older, and designated caregivers. No one other than employees of a dispensary shall sell medical marijuana to a patient or caregiver; and(2) Laboratories …

19.03 PDF: (A) A dispensary shall ensure that the following information is clearly provided on the outside of each container or package containing medical marijuana, prior to sale:(1) The business or trade name and the license number of the cultivator that cultivated the marijuan…

19.03 PDF: (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…

19.03 PDF: (A) A dispensary shall display a sign concerning the reporting of dispensing errors in a conspicuous location visible to qualifying patients and caregivers. The sign shall:(1) Measure a minimum of eight inches in height and ten inches in width and the lettering shall b…

19.03 PDF: (A) A dispensary designated representative shall notify all dispensary employees that the discovery or reporting of a dispensing error shall be relayed immediately to a dispensary designated representative.(B) The dispensary designated representative shall report an er…

19.03 PDF: (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…

19.03 PDF: (A) Dispensary records may be maintained either manually and/or electronically and shall be available for inspection by the state board of pharmacy in a readily retrievable manner upon request. The dispensary shall develop recordkeeping policies and procedures consiste…

19.03 PDF: (A) A dispensary designated representative shall have primary oversight of the dispensary's medical marijuana inventory control system. The inventory control system shall be real-time, web-based, backed-up at least daily and accessible by the state board of pharmacy im…

19.03 PDF: (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 all…

19.03 PDF: (A) Except as provided under this division, no person, except a registered patient or caregiver, dispensary employee, or a cultivator or processor employee delivering medical marijuana, shall be granted access to a dispensary. One individual may also accompany a regist…

19.03 PDF: (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" incl…

19.03 PDF: Pursuant to section 3796.15 of the Revised Code, the state board of pharmacy shall regulate activities and enforce compliance with activities as they relate to the dispensing of medical marijuana and medical marijuana products to registered patients and designated care…

19.03 PDF: (A) Dispensaries are subject to random and unannounced dispensary inspections and medical marijuana testing by the state board of pharmacy.(B) The state board of pharmacy and its authorized representatives may:(1) Enter any place, including a vehicle, in which medical …

19.03 PDF: (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 employ…

19.03 PDF: (A) Any dispensary that does not store medical marijuana in compliance with this division, or that stores medical marijuana at a location other than that for which the dispensary license was issued, may have its license suspended or revoked. In such a case, all medical…

19.03 PDF: At any time after the successful completion of a term of probation or suspension of a license, the state board of pharmacy may reinstate the license to active status, if all conditions precedent are demonstrated and are determined by the board to be met. Authorized By:…

19.03 PDF: (A) The state board of pharmacy may grant variances from this division in cases in which:(1) The applicable provision is not statutorily mandated;(2) Granting the variance will not be contrary to public interest;(3) No party will be injured by the granting of the varia…

19.03 PDF: (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 c…

19.03 PDF: (A) "Administer" or "administration" means the direct introduction of medical marijuana into the body of a human, whether inhalation, ingestion, or any other means.(B) "Business day" means any day other than Saturday, Sunday or a holiday recognized by the state of Ohio…

19.03 PDF: (A) Unless otherwise approved by the board, or provided in paragraph (B) of this rule, in order to be eligible to serve a qualifying patient, a caregiver must be:(1) A natural person;(2) At least twenty-one years of age or older;(3) A resident of the state of Ohio.(B) …

19.03 PDF: (A) A patient or caregiver may only purchase medical marijuana pursuant to a valid and active recommendation issued by a physician pursuant to rule 4731-32-03 of the Administrative Code.(B) No patient under eighteen years of age shall purchase medical marijuana.(C) Pat…

19.03 PDF: (A) Patient and caregiver registrations are non-transferrable.(B) Patients and caregivers shall not engage in the cultivation of medical marijuana or the manufacture of medical marijuana extract, unless authorized pursuant to rule 3796:5-2-01 of the Administrative Code…

19.03 PDF: (A) At any time, a patient or caregiver may voluntarily relinquish their patient or caregiver medical marijuana registration by notifying the state board of pharmacy in writing.(B) A patient or caregiver shall, within fourteen calendar days of learning from a recommend…

19.03 PDF: (A) Pursuant to division (B)(3) of section 3796.14 of the Revised Code, if the board determines that there is clear and convincing evidence that the continued dispensing or furnishing medical marijuana to the patient or caregiver or administration of medical marijuana …

19.03 PDF: (A) (1) Except as provided in paragraph (A)(2) of this rule, after providing notice and affording an opportunity for a hearing in accordance with Chapter 119. of the Revised Code, the state board of pharmacy may restrict a person from obtaining information from the reg…

19.03 PDF: For purposes of rules promulgated pursuant to Chapter 3796. of the Revised Code:(A) "Child-resistant" means the packaging standards described in 16 C.F.R. 1700.15 (as in effect on February 1, 2017).(B) "Edible medical marijuana" means a product that:(1) Contains mariju…

19.03 PDF: (A) Pursuant to section 3796.06 of the Revised Code, approved medical marijuana products include the following forms and routes of administration:(1) Oil, tincture, capsule, or edible form for oral administration;(2) Metered oil or solid preparation for vaporization;(3…

19.03 PDF: (A) New forms of medical marijuana or methods of administration shall not be purchased by, stored, possessed, offered for sale, or sold by a dispensary unless the form or method has been approved by the state board of pharmacy.(B) Persons seeking to add a form or metho…

19.03 PDF: (A) All medical marijuana accepted by a dispensary shall be packaged in a child-resistant container.(B) Pursuant to division (C) of section 3796.06 of the Revised Code, the following medical marijuana products are prohibited as attractive to children:(1) Any product be…

19.03 PDF: (A) A patient and a patient's caregiver(s) may collectively purchase no less than a whole day unit at a single time. A whole day unit shall equal the amounts for each authorized form of medical marijuana as listed in the following table:Whole Day Unit of Medical Mariju…

19.03 PDF: (A) Before any medical marijuana product may be sold to a dispensary, the form for each dose and packaged quantity of that product must be registered with the department pursuant to Chapter 3796:5-8 of the Administrative Code and assigned a product identifier pursuant …

19.03 PDF: To be eligible for sale by a dispensary:(A) Edible liquids containing multiple portions, or doses, of medical marijuana shall be packaged in a structure that uses a single mechanism to achieve both child-resistant properties and accurate pouring measurement of portions…

19.03 PDF: The non-refundable fee for the assignment of a product identifier is one hundred dollars.(A) A single fee shall be remitted for each dose of each medical marijuana strain and medical marijuana product. No further fee is required for the assignment of a product identifi…

(A) PurposeThe purpose of this rule is to outline notice by publication under Chapter 1731., 1739., 1751., 1761., or Title XXXIX of the Revised Code, or when otherwise determined by the superintendent of insurance.(B) AuthorityThis rule is promulgated pursuant to the authority ve…

(A) PurposeThe purpose of this rule is to standardize employee access to the confidential personal information that the department of insurance (department) keeps. This rule applies to both electronic records and records kept on paper.(B) AuthorityThis rule is promulgated pursuan…