agency-1301-18•Ohio Administrative Code 1301:18 — Department of Commerce | Division of Cannabis Control
Ohio Administrative Code 1301:18 — Department of Commerce | Division of Cannabis Control
agency-1301-18Ohio Adm.Code 1301:18Regulation
Chapter 1301:18-1 Non-Medical Cannabis Licensing
Ohio Adm.Code 1301:18-1-01 Definitions.
(A) For purposes of this chapter, the following definitions shall apply:
(1) Abandoned application means an application submitted pursuant to division 1301:18 of the Administrative Code which does not meet the minimum eligibility requirements for review, or is otherwise deemed abandoned pursuant to this chapter, and is removed from the application process.
(2) Adult-use consumer: means an individual who is at least twenty-one years of age.
(3) Adulterated cannabis means marijuana as defined by division (A)(1) of section 3796.01 of the Revised Code in which any of the following applies:
(a) A substance has been mixed or packed with the cannabis so as to reduce the quality or strength or the substance has been substituted wholly or in part for the cannabis;
(b) It consists, in whole or in part, of any filthy, putrid, or decomposed substance, including mold, mildew, and other contaminants;
(c) It has been produced, processed, prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or
(d) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.
(4) Advertisement or advertising means any written or verbal statement, illustration, or depiction created, intended, or otherwise calculated to induce sales, through a combination of letters, pictures, objects, lighting effects, illustrations, or other similar means, regardless of form, location, or medium.
(5) Batch number means a unique numeric or alphanumeric identifier assigned prior to testing to allow for inventory tracking and traceability.
(6) Bona fide physician-patient relationship has the same meaning as used in the rule promulgated by the state medical board of Ohio under section 4731.301 of the Revised Code.
(7) Cannabis clone means a non-flowering cannabis plant cut from a mother plant that is no taller than twelve inches and is capable of developing into a new plant.
(8) Cannabis container: a sealed, hard or soft-bodied receptacle in which cannabis or cannabis products are directly placed.
(a) A cannabis container that is not subsequently placed into any secondary package as defined by this rule, shall adhere to all packaging and labeling requirements outlined under rule 1301:18-4-20 of the Administrative Code.
(b) A cannabis container does not mean:
(i) Inner wrapping or lining;
(ii) Any associated device used to administer the cannabis;
(iii) An exit package; or
(iv) Packaging used to transfer cannabis in bulk from one licensee or to another.
(9) Cannabis device means any portable, hand-held cannabis mechanism sold with cannabis or cannabis products utilized for administering the materials contained within. This includes, vaporizers, cannabis inhalers, oral syringe used to administer oil for cannabis extracts intended for oral administration, paper or other materials intended for use in a raw or infused single serving units, and other similar materials.
(10) Cannabis inhaler means a device to administer aerosolized cannabis concentrate and does not further decarboxylate THCA by heated vaporization or combustion.
(11) Cannabis product means any product manufactured by a cannabis processor that is in the final form intended for consumption. A cannabis product contains cannabis extract or dried cannabis plant material, which may be in combination with other approved ingredients to create the final product. This includes, but is not limited to, oils, tinctures, edibles, patches, single serving units, combination inhalable products, vaporization solutions, and any forms approved under division 1301:18 of the Administrative Code.
(12) Church means a church as defined by section 1710.01 of the Revised Code.
(13) Combination inhalable product means a product created by combining one or more cannabis products, including cannabis extracts, with dried plant material into a final form which is intended for inhalation. Combination inhalable products may only be created using cannabis products and dried plant material which passed all state-required testing just prior to use as a component.
(14) Complete registration means the following:
(a) Patient full name;
(b) Patient residential address;
(c) Patient telephone number;
(d) Patient date of birth;
(e) Patient qualifying condition;
(f) State-issued identification number (such as driver's license number) or other identification approved by the division;
(g) Patient registration number;
(h) Recommending physician's full name (first name and last name);
(i) Recommending physician's drug enforcement administration identification number;
(j) Recommending physician's medical license number issued by the state medical board;
(k) Recommending physician's certificate to recommend identification issued by the state medical board;
(l) Date recommendation was issued by the recommending physician;
(m) Recommending physician's business address, telephone number, and email address;
(n) Indication whether the recommendation is new or a refill;
(o) Number of the refill being dispensed; and
(p) Date order written, which shall be the date the written recommendation was issued.
(15) Control means the ability to make or significantly influence the strategic policies or management decisions ordinarily reserved for the majority owners or board of directors of a "person" as defined under these rules. Control may be established through ownership, contract, or otherwise; provided control will not be imputed on a bank or licensed lending institution that holds a mortgage or other lien on the person acquired in the ordinary course of business.
(a) When determining whether a person is exercising control, or has the ability to exercise control, over another, the division may consider, among other factors, whether, and to what extent, the person has any power to do the following on behalf of another:
(i) Adopt or amend governance documents, including articles of incorporation, articles of organization, bylaws, operating agreements, or buy-sell agreements.
(ii) Cause or prevent a merger, dissolution, equity sale, or asset sale.
(iii) Elect or remove directors or officers; or elect or remove other positions that exercise authority similar to those of a director or an officer in an Ohio corporation.
(iv) Exercise voting power similar to a shareholder in an Ohio corporation.
(v) Exercise voting power similar to a director in an Ohio corporation.
(vi) Call meetings of the directors or owners.
(vii) Regulate the authority of the owners, directors, or officers.
(viii) Issue shares, membership interest, or similar equity.
(ix) Declare dividends or distributions.
(x) Enter into contractually binding agreements.
(xi) Authorize a mortgage, pledge, lien or deed of trust on any real property or personal property.
(xii) Hire or fire organizations that manage day-to-day operations.
(b) In addition to the listed factors, the division may consider any other factors listed under paragraph (A)(1) of this rule it deems relevant. Control may be established whether one, any or none of the factors listed are present.
(16) Cultivation area means the boundaries of the enclosed areas in which adult use cannabis is cultivated during the vegetative stage and flowering stage of the cultivation process. For purposes of calculating the cultivation area square footage, enclosed areas used solely for the storage and maintenance of mother plants, clones, or seedlings shall not be included.
(17) Customer: means an adult-use consumer or registered medical patient or caregiver within the context of purchasing cannabis at a licensed dispensary.
(18) Disqualifying offense means a conviction or plea of guilty, including conspiracy to commit, attempt to commit, or aiding and abetting another in committing, the following:
(a) Any offense set forth in Chapter 2925, 3719, or 4729. of the Revised Code, the violation of which constitutes a felony or a misdemeanor of the first degree;
(b) Any theft offense set forth under division (K) in section 2913.01 of the Revised Code, the violation of which constitutes a felony;
(i) Any violation for which a penalty was imposed under section 3715.99 of the Revised Code;
(ii) A crime of moral turpitude as defined in section 4776.10 of the Revised Code; or
(iii) A violation of any former law of this state, any existing or former law of another state, any existing or former law applicable in a military court or Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any of the offenses listed in paragraphs (A)(15)(a)(iv) to (A)(15)(a)(iv) of this rule.
(c) Any first-degree misdemeanor offense listed in paragraphs (A)(15)(a)(i) to (A)(15)(a)(v) of this rule will not automatically disqualify an applicant from licensure if the applicant was convicted of or pleaded guilty to the offense more than five years before the date the application for licensure is filed.
(d) Notwithstanding paragraph (A)(1) or (A)(2) of this rule, no misdemeanor offense, including misdemeanors of the first degree, related to cannabis possession, cannabis trafficking, illegal cultivation of cannabis, illegal use or possession of drug paraphernalia or cannabis drug paraphernalia, or other cannabis related crimes shall be considered a disqualifying offense.
(19) Dual-use license means a license issued by the division that allows:
(a) A cultivator to engage in all permissible activities outlined under sections 3796.18, 3780.12, and 3780.13 of the Revised Code.
(b) A processor to engage in all permissible activities outlined under sections 3796.19 and 3780.14 of the Revised Code.
(c) A testing laboratory to engage in all permissible activities outlined under sections 3796.21 and 3780.16 of the Revised Code.
(d) A dispensary to engage in all permissible activities outlined under sections 3796.20 and 3780.15 of the Revised Code.
(20) Facility visitor means any individual seeking to enter the premises of a licensed entity who does not maintain a valid employee badge pursuant to rule 1301:18-3-09 of the Administrative Code and is not a registered patient, caregiver, or adult-use consumer within a dispensary's retail area.
(21) Final form means the form of cannabis as manicured, trimmed, manufactured, or processed and intended for customer sale.
The intended form of cannabis immediately prior to submission to a testing laboratory licensed pursuant to division 1301:18 of the Administrative Code for all state-required testing. For purposes of submission of final form cannabis for any state-required testing, final form cannabis may, but is not mandated to be, placed in a container or package.
(22) Financial interest means any actual or future right to ownership, or investment, with another person, either directly or indirectly, through business, investment, spouse, parent, or child, in licensed cannabis business. Financial interest does not include ownership of investment securities in a publicly-held corporation that is traded on a national securities exchange or over-the-counter market in the United States, provided the investment securities held by the person and the person's spouse, parent, or child, in the aggregate, do not exceed ten per cent ownership in the licensed cannabis entity.
(23) Flowering stage means the stage of cultivation where and when a cannabis plant is cultivated to produce plant material for products. This includes mature plants which are identified by:
(a) If greater than two stigmas are visible at each internode of the plant; or
(b) If the cannabis plant is in an area that has been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation, from the exact moment the light deprivation has started to occur and for the remainder of the cannabis plant growth cycle in such area.
(24) Health-related statement means any statement, term, reference, or claim related to health and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption or administration of cannabis, or any compound, ingredient, additive, or any combination thereof, found within a cannabis product, and health benefits or effects on health. This includes both specific health claims and general references to alleged health benefits or effects on health associated with the consumption of cannabis. This also includes anything that implies a physical, physiological, or psychological sensation or effect resulting from the consumption or administration of cannabis. Health-related statement also includes statements, symbols, vignettes, or other forms of communication that suggest, within the context in which they are presented, that a relationship exists between the consumption or administration of cannabis and any alleged health benefit.
(25) Indigent status means an individual enrolled in the federal "Social Security Disability Income" (SSDI) or the "Supplemental Security Income" (SSI) disability programs, a copy of a letter or other documentation from the United States social security administration with the individual's identification or other documentation as determined by the division.
(26) Infused single serving unit is a combination inhalable product that consists of dried plant material and cannabis extract, wrapped in rolling paper. The cannabis extract may be included in the product by combining with the dried plant material, applying to the rolling paper, or both. A lot of infused single serving units may not exceed thirty-five thousand units.
(27) Licensed premises means the real property, including any facility, building, storage areas, parking lot or areas, and any surrounding curtilage, to which any person licensed pursuant to division 1301:18 of the Administrative Code maintains ownership or control over via a valid lease or other formal written agreement and as represented to the division of cannabis control pursuant to an application for a license to cultivate, process, test, or dispense cannabis and reflected on the person's certificate of operation.
(28) Live plants means cannabis plants that are no greater than five feet in height and are still in the vegetative state and not flowering;
(29) Mother plant means a cannabis plant that is cultivated or maintained for the purpose of generating clones, and that will not be used to produce plant material for sale to a processor or dispensary.
(30) Ownership means a person's, direct or indirect, present ownership interest in a person, including membership interest in a limited liability company, shares of stock in a corporation, or similar equity interests in any other corporate person; or a person's beneficial interest or proprietary interest in an individual or group of individuals. The definition of ownership does not include passive equity interest of less than ten per cent in a licensed cannabis business which is for investment purposes only.
(31) Packaging intended for direct customer sale: the final cannabis packaging as presented, displayed, and sold to customers at a licensed dispensary. Packaging for direct customer sale, may include a cannabis container and secondary packaging, depending on the product type. All packaging for direct customer shall adhere to all mandates outlined for rule 1301:18-4-20 of the Administrative Code.
(32) Person includes, but is not limited to, an individual or a combination of individuals; a sole proprietorship, a firm, a company, a joint venture, a partnership of any type, a joint-stock company, a corporation of any type, a corporate subsidiary of any type, a limited liability company, a business trust, or any other business entity or organization; an assignee; a receiver; a trustee in bankruptcy; an unincorporated association, club, society, or other unincorporated entity or organization; entities that are disregarded for federal income tax purposes; and any other nongovernmental, artificial, legal entity that is capable of engaging in business.
(33) Product alert: A notice issued from the division to the public when it is determined that a cannabis product is not compliant with Chapter 3780. or 3796. of the Revised Code, or these rules, and has been sold to the public, but the deficiency does not reasonably constitute the product being unfit for consumption or a risk to public health and safety.
(34) Product recall: A notice issued from the division to the public when it is determined that a cannabis product which is not compliant with Chapter 3780. or 3796. of the Revised Code, or these rules, has been sold to the public, and the deficiency may cause serious adverse health consequences.
(35) Prohibited facility means a school, church, public library, public playground, or public park, as defined by this rule.
(36) Provisional license means a temporary license issued to a license applicant that establishes certain conditions that must be met by the provisional licensee before it may be issued a cultivator, processor, testing laboratory, or dispensary certificate of operation and engage in any authorized activity outlined under division 1301:18 of the Administrative Code.
(37) Public library means a library provided for under Chapter 3375. of the Revised Code.
(38) Public park means a park established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.
(39) Public playground means a playground established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.
(40) Range of total THC content means within ten per cent of the total THC content as defined by rule 1301:18-1-01 of the Administrative Code as reflected by the associated certificate of analysis.
(41) Raw single serving unit means a unit that is packed with dried cannabis plant material (such as trim, shake or ground flower) and wrapped in rolling paper. A raw single serving unit contains only dried cannabis plant material. A batch of raw single serving units must be wrapped in rolling paper prior to all state-required testing.
(42) Recommending physician means a physician, as defined by division (A)(5) of section 3796.01 of the Revised Code, that holds a valid certificate to recommend medical cannabis issued by the state medical board of Ohio under section 4731.30 of the Revised Code.
(43) Secondary packaging: if applicable, packaging that holds the cannabis container and does not come into direct contact with any cannabis. The packaging as presented for direct customer sale.
(44) School means a public or nonpublic primary school or secondary school and includes a childcare center as defined under section 5104.01 of the Revised Code, and a preschool, as defined section 2950.034 of the Revised Code.
(45) Shake means the loose, fragmented pieces of cannabis plant material that accumulate at the bottom of a bag or container. It consists of fragmented buds, broken leaves, and resinous trichomes (kief) that naturally separate during transportation or handling.
(46) Single day supply: means up to 2.5 ounces of plant material and cannabis products with a total THC content of no more than fifteen thousand milligrams for purposes of calculation of days and days' supply pursuant to division (B)(1) of section 3796.03 of the Revised Code.
(47) Test sample collector: means an individual who is a registered employee pursuant to rule 1301:18-3-09 of the Administrative Code who retrieves test samples from a licensed entity, conducts all required test sample collection, and adheres to all mandates pertaining to test sample collection on behalf of a testing laboratory licensed pursuant to division 1301:18 of the Administrative Code.
(48) Tetrahydrocannabinol or THC means the sum of the amount of delta-9 tetrahydrocannabinol (THC) and 87.7 per cent of the amount of delta-9-tetrahydrocannabinolic acid (THCA) present in the product or plant material. THC does not include minor cannabinoids
(49) Tetrahydrocannabinol content means tetrahydrocannabinol as defined by this rule and any artificially or naturally derived tetrahydrocannabinols, or any structural, optical or geometric isomers, or analogs of tetrahydrocannabinols derived cannabinoid with an intoxicating or psychoactive effect, as determined by the division of cannabis control.
(50) Trim means the sugar leaves and small pieces of cut-off buds that are intentionally pruned from the cannabis plant post-harvest as part of the trimming or manicuring phase, as well as the resinous trichomes (kief) that are dislodged from the cannabis plant incidental to trimming and manicuring activities.
(51) Veteran status means an individual that may provide the following:
(a) Department of defense identification card (active, retired, temporary disability retirement list (TDRL);
(b) DD214, DD215, or national guard bureau (NGB) military discharge certificate indicating disposition of discharge;
(c) Report of separation from the national archives national personnel records center in St. Louis, Missouri;
(d) Veterans identification card from the department of veterans affairs; or
(e) Other documentation as determined by the division.
(52) Vegetative stage means the stage of cultivation where and when a cannabis plant is propagated to produce additional cannabis plants or reach a sufficient size for production. This includes "seedlings," "clones," "mothers," and other immature cannabis plants identified by:
(a) Having no more than two stigmas visible at each internode of the cannabis plant and if the cannabis plant is in an area that has not been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation; or
(b) Any cannabis plant that is cultivated solely for the purpose of propagating clones and is never used to produce any cannabis intended for direct customer sale.
(B) [Reserved.]
Last updated August 24, 2026 at 2:20 PM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-09
(A) Employee badge required
(1) Each licensee shall ensure all of the following associated individuals obtain an employee badge from the division of cannabis control prior to commencement of business:
(a) Any administrator or individual responsible for the daily operation of the facility;
(b) All owners, officers, and board members, of the licensee; and
(c) All employees and agents of the licensee.
(2) Each licensee shall ensure all associated individuals outlined under paragraph (A)(1) of this rule are appropriately designated as follows:
(a) Responsible party:
(i) Prior to the issuance or renewal of a certificate of operation, each licensee shall designate at least one, but not more than three individuals to serve as the licensee's responsible party.
(ii) The designated responsible party will manage the facility's daily operations and ensure compliance with all standard operating procedures.
(iii) A responsible party is to be physically present at the licensed premises at least twenty hours per week and be immediately available to communicate with facility staff or the division during any operating hours when they are not physically present.
(b) Owner or officer:
Any and all owners, officers, and board members of the licensee.
(c) Employee:
All other employees and agents of the licensee.
(B) Prior to petitioning the division for an employee badge, each licensee shall:
(1) Complete a thorough background evaluation to confirm the applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code; and
(2) Submit a receipt or transaction number confirming that the applicant submitted the following to the Ohio bureau of criminal identification as required by sections 3780.08 and 3796.12 of the Revised Code:
(a) A complete and accurate application for:
(i) An Ohio bureau of criminal identification records check; and
(ii) A federal bureau of criminal identification records check.
(b) Two fingerprint impressions; and
(c) Clearly indicated that both records checks be sent directly to the division.
(C) Application for employee badge
Pursuant to the application process, each licensee shall submit the following to the division on behalf of the applicant:
(1) A complete and accurate application on a form prescribed by the division evidencing the following applicant information:
(a) Full legal name;
(b) The applicant's intended employee designation, as outlined under paragraph (A)(2) of this rule;
(c) Telephone number that may be utilized during normal business hours;
(d) Electronic mail address; and
(e) Mailing address.
(f) All information provided must be in working order and readily available to receive voice messages, electronic messages, or other communication as applicable.
(2) The applicant submitted fingerprint impressions to the Ohio bureau of criminal identification for an Ohio and federal bureau of criminal identification records checks;
(3) The applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code;
(4) A copy of the applicant's valid, unexpired government issued photographic identification evidencing that the applicant is at least twenty-one years of age;
(5) A clear, recognizable photographic headshot of the applicant, captured within the past six months of the date of submission;
(6) The business name and license number for any associated cultivator, processor, testing laboratory, or dispensary at which the applicant seeks employment;
(7) Individuals who have been a resident of the state of Ohio continuously for the past five years may apply for expedited renewal if the applicant consents for enrollment in the Ohio attorney general's retained applicant fingerprint database ("Rapback"), or other third-party database as determined by the division, that monitors publicly available databases for arrests and criminal convictions; and
(8) The non-refundable application fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(D) Provisional employee badge
(1) Upon receipt of a complete application, the division will issue the applicant a provisional employee badge.
(a) Each licensee shall print the applicant's provisional employee badge and ensure the applicant maintains the card on their person while conducting any business within the scope of their employment.
(b) The applicant may then immediately commence business at the associated licensee.
(c) Unless otherwise authorized by this rule, an applicant's provisional employee badge expires ninety calendar days after the date of issuance.
(2) A licensee may petition the division to extend an applicant's provisional employee badge for an additional ninety calendar days all of the following are met:
(a) The licensee submitted the extension request within ten business days of the provisional employee badge expiration;
(b) The licensee and applicant fulfilled all application requirements outlined under this rule; and
(c) Evidence that the licensee would suffer immediate irreparable harm should the extension be denied.
(E) Division review of application.
(1) During the pendency of the provisional employee badge, the division will review the employee badge application and accompanying Ohio and federal criminal identification records checks.
(2) After review of the application, the division may:
(a) Approve the application and issue a badge certificate;
(b) Deny the application; or
(c) Advise the licensee in writing that the applicant failed to meet all application requirements.
(3) Each licensee shall print the applicant's employee badge certificate and ensure the individual maintains the card on their person while engaged in any activity within the scope of their employment.
Each licensee shall ensure all employee badge certificates prevent unauthorized duplication of the badge.
(4) An employee badge certificate shall expire two years after the date of issuance.
(F) Deficiencies in applications.
(1) Upon determination by the division that a licensed entity failed to meet all requirements of paragraph (C) of this rule, the division will notify the associated licensed entity in writing of all deficiencies contained within the application.
(2) Within ten business days of receipt of written notification from the division, the licensee shall ensure that all deficiencies outlined are alleviated and submit any further documentation requested by the division.
(3) Should a licensee fail to cure all application deficiencies, the application shall be deemed abandoned.
(G) Failure to comply with application requirements.
Should a licensee fail to ensure all requirements of this rule are met, the division shall abandon the application and the licensee shall forfeit any non-refundable fee submitted to the division.
(H) Denial of application required.
The division shall deny an application for an employee badge pursuant to any of the following:
(1) The applicant was convicted of a disqualifying offense; or
(2) The applicant is not at least twenty-one years of age or older.
(I) Notification requirements.
(1) Each licensee shall notify the division of any of the following:
(a) Any employee badge that is lost, destroyed, stolen is to be immediately reported.
(b) Any modifications or changes to any information contained within their employee badge application within five business days of such change;
(c) A change of a designated responsible party within ten calendar days of the effective date of the appointment of a new designated responsible party.
(2) An individual registered pursuant to this rule arrested for activities that, if convicted, would constitute a disqualifying offense as defined by rule 1301:18-1-01 shall immediately notify the division.
If the associated licensed entity has knowledge of such arrest, it shall notify the division.
(3) In the event an individual is no longer employed or associated with a licensee, the licensee shall update all accompanying information provided to the division, within one business day and ensure that the employee badge certificate is returned and destroyed upon separation.
(J) Employee badge renewal.
(1) Pursuant to the renewal process, the licensed entity shall submit the following to the division on behalf of the applicant prior to the badge's expiration:
(a) A complete and accurate renewal application in a manner prescribed by the division; and
(b) The non-refundable renewal fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(K) An individual whose employee badge was revoked, and any individual whose actions directly caused a license entity's license revocation, is precluded from applying for an employee identification for at least five years from the date of revocation or final judicial decision upon of an order of revocation.
Last updated December 20, 2024 at 7:41 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Chapter 1301:18-2 License Application Requirements
Ohio Adm.Code 1301:18-2-01 Applications Generally.
The division shall provide notice in advance of its intent to accept applications for licensure. The application notice shall be published on the division's internet website and contain the following information:
(A) The type of applicants authorized to apply;
(B) Requirements for a complete application including:
(1) A list of all application information and materials needed; and
(2) Requisite non-refundable application fee.
(C) Minimum eligibility requirements for licensure;
(D) The deadline to submit an application;
(E) The number of available licenses, if applicable;
(F) Any geographical or regional considerations associated with the available licenses; and
(G) Any other criteria the division determines is necessary for the issuance of licenses.
Last updated June 25, 2025 at 5:47 PM
History
- Effective: June 7, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-02 Authorized Initial Application Periods.
(A) The following applicants are authorized to file an application for licensure with the division:
(1) Cultivators, processors, testing laboratories, and dispensaries currently licensed as a chapter 3796 medical marijuana facility seeking license conversion to a dual-use license as defined by rule 1301:18-1-01 of the Administrative Code.
(2) Entities eligible for a 10(B) dispensary license as established by rule 1301:18-2-06 of the Administrative Code.
(B) All application materials for the applicants authorized to apply in accordance with paragraph (A) of this rule will be published no later than June 7, 2024.
Last updated June 7, 2024 at 7:42 AM
History
- Effective: June 7, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-1-01
(A) For purposes of this chapter, the following definitions shall apply:
(1) Abandoned application means an application submitted pursuant to division 1301:18 of the Administrative Code which does not meet the minimum eligibility requirements for review, or is otherwise deemed abandoned pursuant to this chapter, and is removed from the application process.
(2) Adult-use consumer: means an individual who is at least twenty-one years of age.
(3) Adulterated cannabis means marijuana as defined by division (A)(1) of section 3796.01 of the Revised Code in which any of the following applies:
(a) A substance has been mixed or packed with the cannabis so as to reduce the quality or strength or the substance has been substituted wholly or in part for the cannabis;
(b) It consists, in whole or in part, of any filthy, putrid, or decomposed substance, including mold, mildew, and other contaminants;
(c) It has been produced, processed, prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or
(d) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.
(4) Advertisement or advertising means any written or verbal statement, illustration, or depiction created, intended, or otherwise calculated to induce sales, through a combination of letters, pictures, objects, lighting effects, illustrations, or other similar means, regardless of form, location, or medium.
(5) Batch number means a unique numeric or alphanumeric identifier assigned prior to testing to allow for inventory tracking and traceability.
(6) Bona fide physician-patient relationship has the same meaning as used in the rule promulgated by the state medical board of Ohio under section 4731.301 of the Revised Code.
(7) Cannabis clone means a non-flowering cannabis plant cut from a mother plant that is no taller than twelve inches and is capable of developing into a new plant.
(8) Cannabis container: a sealed, hard or soft-bodied receptacle in which cannabis or cannabis products are directly placed.
(a) A cannabis container that is not subsequently placed into any secondary package as defined by this rule, shall adhere to all packaging and labeling requirements outlined under rule 1301:18-4-20 of the Administrative Code.
(b) A cannabis container does not mean:
(i) Inner wrapping or lining;
(ii) Any associated device used to administer the cannabis;
(iii) An exit package; or
(iv) Packaging used to transfer cannabis in bulk from one licensee or to another.
(9) Cannabis device means any portable, hand-held cannabis mechanism sold with cannabis or cannabis products utilized for administering the materials contained within. This includes, vaporizers, cannabis inhalers, oral syringe used to administer oil for cannabis extracts intended for oral administration, paper or other materials intended for use in a raw or infused single serving units, and other similar materials.
(10) Cannabis inhaler means a device to administer aerosolized cannabis concentrate and does not further decarboxylate THCA by heated vaporization or combustion.
(11) Cannabis product means any product manufactured by a cannabis processor that is in the final form intended for consumption. A cannabis product contains cannabis extract or dried cannabis plant material, which may be in combination with other approved ingredients to create the final product. This includes, but is not limited to, oils, tinctures, edibles, patches, single serving units, combination inhalable products, vaporization solutions, and any forms approved under division 1301:18 of the Administrative Code.
(12) Church means a church as defined by section 1710.01 of the Revised Code.
(13) Combination inhalable product means a product created by combining one or more cannabis products, including cannabis extracts, with dried plant material into a final form which is intended for inhalation. Combination inhalable products may only be created using cannabis products and dried plant material which passed all state-required testing just prior to use as a component.
(14) Complete registration means the following:
(a) Patient full name;
(b) Patient residential address;
(c) Patient telephone number;
(d) Patient date of birth;
(e) Patient qualifying condition;
(f) State-issued identification number (such as driver's license number) or other identification approved by the division;
(g) Patient registration number;
(h) Recommending physician's full name (first name and last name);
(i) Recommending physician's drug enforcement administration identification number;
(j) Recommending physician's medical license number issued by the state medical board;
(k) Recommending physician's certificate to recommend identification issued by the state medical board;
(l) Date recommendation was issued by the recommending physician;
(m) Recommending physician's business address, telephone number, and email address;
(n) Indication whether the recommendation is new or a refill;
(o) Number of the refill being dispensed; and
(p) Date order written, which shall be the date the written recommendation was issued.
(15) Control means the ability to make or significantly influence the strategic policies or management decisions ordinarily reserved for the majority owners or board of directors of a "person" as defined under these rules. Control may be established through ownership, contract, or otherwise; provided control will not be imputed on a bank or licensed lending institution that holds a mortgage or other lien on the person acquired in the ordinary course of business.
(a) When determining whether a person is exercising control, or has the ability to exercise control, over another, the division may consider, among other factors, whether, and to what extent, the person has any power to do the following on behalf of another:
(i) Adopt or amend governance documents, including articles of incorporation, articles of organization, bylaws, operating agreements, or buy-sell agreements.
(ii) Cause or prevent a merger, dissolution, equity sale, or asset sale.
(iii) Elect or remove directors or officers; or elect or remove other positions that exercise authority similar to those of a director or an officer in an Ohio corporation.
(iv) Exercise voting power similar to a shareholder in an Ohio corporation.
(v) Exercise voting power similar to a director in an Ohio corporation.
(vi) Call meetings of the directors or owners.
(vii) Regulate the authority of the owners, directors, or officers.
(viii) Issue shares, membership interest, or similar equity.
(ix) Declare dividends or distributions.
(x) Enter into contractually binding agreements.
(xi) Authorize a mortgage, pledge, lien or deed of trust on any real property or personal property.
(xii) Hire or fire organizations that manage day-to-day operations.
(b) In addition to the listed factors, the division may consider any other factors listed under paragraph (A)(1) of this rule it deems relevant. Control may be established whether one, any or none of the factors listed are present.
(16) Cultivation area means the boundaries of the enclosed areas in which adult use cannabis is cultivated during the vegetative stage and flowering stage of the cultivation process. For purposes of calculating the cultivation area square footage, enclosed areas used solely for the storage and maintenance of mother plants, clones, or seedlings shall not be included.
(17) Customer: means an adult-use consumer or registered medical patient or caregiver within the context of purchasing cannabis at a licensed dispensary.
(18) Disqualifying offense means a conviction or plea of guilty, including conspiracy to commit, attempt to commit, or aiding and abetting another in committing, the following:
(a) Any offense set forth in Chapter 2925, 3719, or 4729. of the Revised Code, the violation of which constitutes a felony or a misdemeanor of the first degree;
(b) Any theft offense set forth under division (K) in section 2913.01 of the Revised Code, the violation of which constitutes a felony;
(i) Any violation for which a penalty was imposed under section 3715.99 of the Revised Code;
(ii) A crime of moral turpitude as defined in section 4776.10 of the Revised Code; or
(iii) A violation of any former law of this state, any existing or former law of another state, any existing or former law applicable in a military court or Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any of the offenses listed in paragraphs (A)(15)(a)(iv) to (A)(15)(a)(iv) of this rule.
(c) Any first-degree misdemeanor offense listed in paragraphs (A)(15)(a)(i) to (A)(15)(a)(v) of this rule will not automatically disqualify an applicant from licensure if the applicant was convicted of or pleaded guilty to the offense more than five years before the date the application for licensure is filed.
(d) Notwithstanding paragraph (A)(1) or (A)(2) of this rule, no misdemeanor offense, including misdemeanors of the first degree, related to cannabis possession, cannabis trafficking, illegal cultivation of cannabis, illegal use or possession of drug paraphernalia or cannabis drug paraphernalia, or other cannabis related crimes shall be considered a disqualifying offense.
(19) Dual-use license means a license issued by the division that allows:
(a) A cultivator to engage in all permissible activities outlined under sections 3796.18, 3780.12, and 3780.13 of the Revised Code.
(b) A processor to engage in all permissible activities outlined under sections 3796.19 and 3780.14 of the Revised Code.
(c) A testing laboratory to engage in all permissible activities outlined under sections 3796.21 and 3780.16 of the Revised Code.
(d) A dispensary to engage in all permissible activities outlined under sections 3796.20 and 3780.15 of the Revised Code.
(20) Facility visitor means any individual seeking to enter the premises of a licensed entity who does not maintain a valid employee badge pursuant to rule 1301:18-3-09 of the Administrative Code and is not a registered patient, caregiver, or adult-use consumer within a dispensary's retail area.
(21) Final form means the form of cannabis as manicured, trimmed, manufactured, or processed and intended for customer sale.
The intended form of cannabis immediately prior to submission to a testing laboratory licensed pursuant to division 1301:18 of the Administrative Code for all state-required testing. For purposes of submission of final form cannabis for any state-required testing, final form cannabis may, but is not mandated to be, placed in a container or package.
(22) Financial interest means any actual or future right to ownership, or investment, with another person, either directly or indirectly, through business, investment, spouse, parent, or child, in licensed cannabis business. Financial interest does not include ownership of investment securities in a publicly-held corporation that is traded on a national securities exchange or over-the-counter market in the United States, provided the investment securities held by the person and the person's spouse, parent, or child, in the aggregate, do not exceed ten per cent ownership in the licensed cannabis entity.
(23) Flowering stage means the stage of cultivation where and when a cannabis plant is cultivated to produce plant material for products. This includes mature plants which are identified by:
(a) If greater than two stigmas are visible at each internode of the plant; or
(b) If the cannabis plant is in an area that has been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation, from the exact moment the light deprivation has started to occur and for the remainder of the cannabis plant growth cycle in such area.
(24) Health-related statement means any statement, term, reference, or claim related to health and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption or administration of cannabis, or any compound, ingredient, additive, or any combination thereof, found within a cannabis product, and health benefits or effects on health. This includes both specific health claims and general references to alleged health benefits or effects on health associated with the consumption of cannabis. This also includes anything that implies a physical, physiological, or psychological sensation or effect resulting from the consumption or administration of cannabis. Health-related statement also includes statements, symbols, vignettes, or other forms of communication that suggest, within the context in which they are presented, that a relationship exists between the consumption or administration of cannabis and any alleged health benefit.
(25) Indigent status means an individual enrolled in the federal "Social Security Disability Income" (SSDI) or the "Supplemental Security Income" (SSI) disability programs, a copy of a letter or other documentation from the United States social security administration with the individual's identification or other documentation as determined by the division.
(26) Infused single serving unit is a combination inhalable product that consists of dried plant material and cannabis extract, wrapped in rolling paper. The cannabis extract may be included in the product by combining with the dried plant material, applying to the rolling paper, or both. A lot of infused single serving units may not exceed thirty-five thousand units.
(27) Licensed premises means the real property, including any facility, building, storage areas, parking lot or areas, and any surrounding curtilage, to which any person licensed pursuant to division 1301:18 of the Administrative Code maintains ownership or control over via a valid lease or other formal written agreement and as represented to the division of cannabis control pursuant to an application for a license to cultivate, process, test, or dispense cannabis and reflected on the person's certificate of operation.
(28) Live plants means cannabis plants that are no greater than five feet in height and are still in the vegetative state and not flowering;
(29) Mother plant means a cannabis plant that is cultivated or maintained for the purpose of generating clones, and that will not be used to produce plant material for sale to a processor or dispensary.
(30) Ownership means a person's, direct or indirect, present ownership interest in a person, including membership interest in a limited liability company, shares of stock in a corporation, or similar equity interests in any other corporate person; or a person's beneficial interest or proprietary interest in an individual or group of individuals. The definition of ownership does not include passive equity interest of less than ten per cent in a licensed cannabis business which is for investment purposes only.
(31) Packaging intended for direct customer sale: the final cannabis packaging as presented, displayed, and sold to customers at a licensed dispensary. Packaging for direct customer sale, may include a cannabis container and secondary packaging, depending on the product type. All packaging for direct customer shall adhere to all mandates outlined for rule 1301:18-4-20 of the Administrative Code.
(32) Person includes, but is not limited to, an individual or a combination of individuals; a sole proprietorship, a firm, a company, a joint venture, a partnership of any type, a joint-stock company, a corporation of any type, a corporate subsidiary of any type, a limited liability company, a business trust, or any other business entity or organization; an assignee; a receiver; a trustee in bankruptcy; an unincorporated association, club, society, or other unincorporated entity or organization; entities that are disregarded for federal income tax purposes; and any other nongovernmental, artificial, legal entity that is capable of engaging in business.
(33) Product alert: A notice issued from the division to the public when it is determined that a cannabis product is not compliant with Chapter 3780. or 3796. of the Revised Code, or these rules, and has been sold to the public, but the deficiency does not reasonably constitute the product being unfit for consumption or a risk to public health and safety.
(34) Product recall: A notice issued from the division to the public when it is determined that a cannabis product which is not compliant with Chapter 3780. or 3796. of the Revised Code, or these rules, has been sold to the public, and the deficiency may cause serious adverse health consequences.
(35) Prohibited facility means a school, church, public library, public playground, or public park, as defined by this rule.
(36) Provisional license means a temporary license issued to a license applicant that establishes certain conditions that must be met by the provisional licensee before it may be issued a cultivator, processor, testing laboratory, or dispensary certificate of operation and engage in any authorized activity outlined under division 1301:18 of the Administrative Code.
(37) Public library means a library provided for under Chapter 3375. of the Revised Code.
(38) Public park means a park established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.
(39) Public playground means a playground established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.
(40) Range of total THC content means within ten per cent of the total THC content as defined by rule 1301:18-1-01 of the Administrative Code as reflected by the associated certificate of analysis.
(41) Raw single serving unit means a unit that is packed with dried cannabis plant material (such as trim, shake or ground flower) and wrapped in rolling paper. A raw single serving unit contains only dried cannabis plant material. A batch of raw single serving units must be wrapped in rolling paper prior to all state-required testing.
(42) Recommending physician means a physician, as defined by division (A)(5) of section 3796.01 of the Revised Code, that holds a valid certificate to recommend medical cannabis issued by the state medical board of Ohio under section 4731.30 of the Revised Code.
(43) Secondary packaging: if applicable, packaging that holds the cannabis container and does not come into direct contact with any cannabis. The packaging as presented for direct customer sale.
(44) School means a public or nonpublic primary school or secondary school and includes a childcare center as defined under section 5104.01 of the Revised Code, and a preschool, as defined section 2950.034 of the Revised Code.
(45) Shake means the loose, fragmented pieces of cannabis plant material that accumulate at the bottom of a bag or container. It consists of fragmented buds, broken leaves, and resinous trichomes (kief) that naturally separate during transportation or handling.
(46) Single day supply: means up to 2.5 ounces of plant material and cannabis products with a total THC content of no more than fifteen thousand milligrams for purposes of calculation of days and days' supply pursuant to division (B)(1) of section 3796.03 of the Revised Code.
(47) Test sample collector: means an individual who is a registered employee pursuant to rule 1301:18-3-09 of the Administrative Code who retrieves test samples from a licensed entity, conducts all required test sample collection, and adheres to all mandates pertaining to test sample collection on behalf of a testing laboratory licensed pursuant to division 1301:18 of the Administrative Code.
(48) Tetrahydrocannabinol or THC means the sum of the amount of delta-9 tetrahydrocannabinol (THC) and 87.7 per cent of the amount of delta-9-tetrahydrocannabinolic acid (THCA) present in the product or plant material. THC does not include minor cannabinoids
(49) Tetrahydrocannabinol content means tetrahydrocannabinol as defined by this rule and any artificially or naturally derived tetrahydrocannabinols, or any structural, optical or geometric isomers, or analogs of tetrahydrocannabinols derived cannabinoid with an intoxicating or psychoactive effect, as determined by the division of cannabis control.
(50) Trim means the sugar leaves and small pieces of cut-off buds that are intentionally pruned from the cannabis plant post-harvest as part of the trimming or manicuring phase, as well as the resinous trichomes (kief) that are dislodged from the cannabis plant incidental to trimming and manicuring activities.
(51) Veteran status means an individual that may provide the following:
(a) Department of defense identification card (active, retired, temporary disability retirement list (TDRL);
(b) DD214, DD215, or national guard bureau (NGB) military discharge certificate indicating disposition of discharge;
(c) Report of separation from the national archives national personnel records center in St. Louis, Missouri;
(d) Veterans identification card from the department of veterans affairs; or
(e) Other documentation as determined by the division.
(52) Vegetative stage means the stage of cultivation where and when a cannabis plant is propagated to produce additional cannabis plants or reach a sufficient size for production. This includes "seedlings," "clones," "mothers," and other immature cannabis plants identified by:
(a) Having no more than two stigmas visible at each internode of the cannabis plant and if the cannabis plant is in an area that has not been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation; or
(b) Any cannabis plant that is cultivated solely for the purpose of propagating clones and is never used to produce any cannabis intended for direct customer sale.
(B) [Reserved.]
Last updated August 24, 2026 at 2:20 PM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-06
(A) For purposes of this rule, the following definitions apply:
(1) "10(B) applicant" means any cultivator or dispensary who is eligible pursuant to division (B) of section 3780.10 of the Revised Code to apply, and submits an application for, a 10(B) license in accordance with this rule.
(2) "10(B) license" means a dispensary license issued pursuant to division (B) of section 3780.10 of the Revised Code and this rule.
(3) "Facility site location application" means an application for selection of a facility site for a 10(B) license.
(B) All 10(B) applicants authorized to apply for 10(B) licensure shall abide by all application requirements outlined under this rule.
(C) An applicant that fails to abide by all application requirements may have its application eligibility adjusted, or its application abandoned, by the division.
(D) Distribution of 10(B) application materials shall occur on the division's internet website located at www.com.ohio.gov/divisions-and-programs/cannabis-control.
(1) Any and all updates and ongoing public notices shall be conspicuously posted on the division's internet website.
(2) All 10(B) applicants have a duty to regularly monitor and review all notices provided on the division's internet website throughout the application process.
(E) Determination of authorized 10(B) applicants.
(1) Prior to publishing 10(B) application materials, the division shall determine which entities are authorized to apply for 10(B) licensure.
(a) The division shall notify all authorized entities in writing of the following:
(i) That the entity is authorized to apply for 10(B) licensure;
(ii) The total number of 10(B) licenses for which the entity may apply;
(iii) The number of licenses an entity is authorized to apply for that are eligible for the phase one site selection process; and
(iv) The number of licenses an entity is authorized to apply for which are eligible for the phase two site selection process.
(b) Each entity authorized to apply shall have one 10(B) license eligible for the phase one site selection process.
Any additional 10(B) licenses issued to the same entity shall be eligible for the phase two site selection process.
(2) Upon receipt of its authorization to apply, all eligible 10(B) applicants may submit an initial application as outlined by paragraph (F) of this rule.
(F) Submission of initial application
(1) All 10(B) initial applications shall be completed on a form prescribed by the division that demonstrates or attests the following:
(a) The applicant's designated point of contact that shall serve as the main contact for the division for the duration of the application period.
The following information for the applicant's point of contact:
(i) Full legal name;
(ii) Telephone number that may be utilized during normal business hours;
(iii) Electronic mail address;
(iv) Mailing address; and
(v) All information provided must be in working order and readily available to receive voice messages, electronic messages, or other communication as applicable.
(b) The identity of all of following associated with the applicant:
(i) All current owners, officers, and board members;
(ii) All proposed owners, officers, and board members;
(iii) All institutional or private investors;
(iv) Any individual with a financial interest in the applicant; and
(v) Any individual with significant influence or control over the applicant.
(c) Applicant does not have an ownership or investment interest in, or compensation arrangement with:
(i) An adult use testing laboratory licensed pursuant to Chapter 3780. of the Revised Code; or
(ii) An applicant for a license to conduct adult use laboratory testing.
(d) Applicant does not share any corporate officers or employees with:
(i) An adult use testing laboratory licensed pursuant to Chapter 3780. of the Revised Code; or
(ii) An applicant for a license to conduct adult use laboratory testing.
(e) All of the following individuals associated with applicant do not have a disqualifying offense as defined by rule 1301:18-1-01 of the Administrative Code which would preclude individual licensure:
(i) Any administrator or individual responsible for the daily operation of the proposed facility;
(ii) All owners, officers, and board members, of the applicant seeking licensure; and
(iii) All employees and agents of the proposed facility.
(f) Applicant will not operate within five hundred feet of a prohibited facility as defined by division (A)(35) of section 3780.01 of the Revised Code.
(g) Compliance with all applicable tax laws within the state of Ohio;
(h) Applicant is not contemporaneously employed by a regulatory agency or governmental entity within the state of Ohio that within that role may significantly influence or control entities licensed under chapter 3796. or 3780. of the Revised Code.
(i) Selection of one of the following categories for licensure:
(i) Dual-use cannabis dispensary license
(a) For purposes of this rule, a dual-use license has the same meaning as defined by rule 1301:18-1-01 of the Administrative Code.
(b) Applicants who choose to apply for a dual-use license shall:
(i) Adhere to all dual-use licensing requirements for a period of four years.
(ii) Ensure that its facility equally serves and accommodates medical patients and caregivers and non-medical consumers alike.
(iii) Ensure ongoing inventory sufficient to maintain an adequate supply of medical marijuana to meet the current demand and projected patient and caregiver population.
(iv) Provide accommodations to medical cannabis patients and caregivers that may include, but is not limited to, the following:
(A) Dedicated hours of operation limited to medical-only patients and caregivers during which adult-use consumers are prohibited from the facility.
(B) Expanded options for medical cannabis delivery and online ordering.
(C) Efficient point-of-sale accommodations that similarly and expeditiously serve medical patients, caregivers, and adult-use consumers.
(ii) Adult-use only dispensary license.
An adult-use only dispensary license may engage in all permissible activities outlined under section 3780.15 of the Revised Code.
(j) Payment of the non-refundable application fee in the amount of five-thousand dollars, to be submitted via a method approved by the division.
(2) Deficiencies in applications:
(a) Upon determination by the division that a 10(B) applicant failed to meet all requirements of paragraph (F) of this rule, the division shall notify the applicant in writing of all deficiencies contained within the application.
(b) Within ten business days of receipt of written notification from the division, the applicant shall alleviate all deficiencies outlined and submit any further documentation requested by the division.
(c) Should an applicant fail to cure all application deficiencies, the application shall be deemed abandoned.
(3) The division shall establish a date and time by which all 10(B) initial applications must be submitted. Any application submitted to the division after the deadline shall be ineligible for licensure and returned to the applicant at the mailing address outlined in the application.
(G) The 10(B) application drawing.
(1) The division shall contract with a third-party operator to randomly rank all 10(B) applications.
(2) 10(B) applicants that choose to apply for a dual-use license shall have two times the number of opportunities of selection in the drawing.
(3) Drawing process.
(a) The third-party operator shall randomly rank all 10(B) applicants, beginning with one and continuing sequentially.
(b) All 10(B) applicants shall be ranked numerically in the order in which the application was drawn by the third-party operator.
(c) The third-party operator shall not have access to any information, including the initial applications, that would allow the operator to correlate a 10(B) applicant with its randomly assigned rank.
(H) Facility site selection process.
(1) After the drawing as outlined in paragraph (G) of this rule, the division shall proceed with the facility site selection process.
(2) The site selection process shall occur in two phases.
(I) Phase one facility site selection.
(1) Applicants who are eligible for phase one facility site selection process shall submit their materials on a form prescribed by the division.
(2) The division shall establish a date and time by which all phase one facility site selection applications must be submitted. Should an eligible 10(B) applicant fail to comply with all requirements of this paragraph, or fail to submit an initial facility site application that meets all required criteria by the deadline, the division may modify the applicant's rank or move the applicant into the phase two site selection process.
(3) Throughout the facility site selection process, the division shall establish one or more days to publish to all applicants all phase one facility site business addresses received and approved by the division up to the date of publication.
(4) A 10(B) applicant that is eligible for phase one facility site selection may submit up to three facility sites per phase one application that shall demonstrate the following for each facility site:
(a) The business address for the proposed facility;
(b) The proposed facility site will not be located within one mile of
(i) An existing licensed dispensary; or
(ii) The proposed facility site of another phase one applicant as published under paragraph (I)(3) of this rule.
(c) The proposed facility site is not located within five hundred feet of the end boundaries of a parcel of real estate having situated on it a prohibited facility as defined by division (A)(35) of section 3780.01 of the Revised Code;
(d) The proposed facility site is not subject to any local ordinances or prohibitions from operation as outlined under section 3780.25 of the Revised Code;
(e) The proposed facility site meets all zoning or other local requirements for operation of a dispensary at the proposed facility site;
(f) If more than one facility site was submitted, the preferred order of selection; and
(g) Any other information required by the division.
(5) In the event that more than one 10(B) applicant submits the same facility site, the applicant issued the lower rank pursuant to paragraph (G) of this rule, will be required to select a different facility site and will be authorized to submit a substitute location site application.
If an applicant is required to select a different facility site and submitted more than one phase one facility site, the division will immediately review that applicant's additional facility sites in the order the applicant selected pursuant to paragraph (I)(4)(a) of this rule.
(6) In the event a 10(B) applicant submits a facility site that is within one mile of another phase one facility site as published by the division pursuant to paragraph (I)(3) of this rule, the 10(B) applicant issued the lower rank pursuant paragraph (G) of this rule, will be required to select a different facility site and will be authorized to submit a substitute location site application.
If an applicant is required to select a different facility site and submitted more than one phase one facility site, the division will immediately review that applicant's additional facility sites in the order the applicant selected pursuant to paragraph (I)(5)(a) of this rule.
(J) Phase two site selection.
(1) After the phase one site selection process, the division will establish and publish regional districts for the phase two site selection process.
(2) Applicants who are eligible for the phase two site selection process will submit their preferred regional districts on a form prescribed by the division.
The division shall establish a date and time by which all regional preference forms must be submitted. Any phase two applicant who fails to submit a regional preference form pursuant to this paragraph will have their preferences determined by the division.
(3) After receipt and review of the regional preference forms, the division shall notify each phase two applicant of its assigned regional district for its 10(B) license. The assigned regional district shall be based upon the applicant's:
(a) Regional preference form pursuant to paragraph (J)(2) of this rule; and
(b) Assigned pursuant to the drawing outlined under paragraph (G) of this rule.
(4) Upon receipt of its regional district pursuant to paragraph (J)(3) of this rule, phase two applicants may submit a phase two facility site location application on a form prescribed by the division.
(5) The facility site location application for phase two site selection shall demonstrate the following:
(a) The business address for the proposed facility;
(b) The proposed facility site will not be located within one mile of:
(i) An existing licensed dispensary; or
(ii) The proposed facility site of another phase two applicant as published under paragraph (J)(6) of this rule.
(c) The proposed facility site is not located within five hundred feet of the end boundaries of a parcel of real estate having situated on it a prohibited facility as defined by division (A)(35) of section 3780.01 of the Revised Code;
(d) The proposed facility site is located within the regional district assigned to the 10(B) applicant pursuant to paragraph (J)(3) of this rule.
(e) The proposed facility site is not subject to any local ordinances or prohibitions from operation as outlined under section 3780.25 of the Revised Code;
(f) The proposed facility site meets all zoning or other local requirements for operation of a dispensary at the proposed facility site; and
(g) Any other information required by the division.
(6) Throughout the phase two facility site selection process, the division shall establish one or more days to publish to all applicants all phase one facility site business addresses received and approved by the division up to the date of publication.
(7) In the event that more than one 10(B) applicant submits the same phase two facility site, the 10(B) applicant issued the lower rank pursuant to paragraph (G) of this rule, will be required to select a different facility site and will be authorized to submit a substitute facility site location application.
(8) In the event a 10(B) applicant submits a facility site that is within one mile of another phase two facility site as published by the division pursuant to paragraph (J)(6) of this rule, the 10(B) applicant issued the lower rank pursuant paragraph (G) of this rule, will be required to select a different facility site and will be authorized to submit a substitute facility site location application.
(K) Provisional licenses. After receiving a facility site location application from a 10(B) applicant and determining that the applicant has met all requirements for provisional licensure established in Chapter 3780. of the Revised Code and division 1301:18 of the Administrative Code, the division shall issue a provisional 10(B) license to the applicant for the facility site identified in the facility site location application.
(L) Change of location. The division may consider a request to change the location of a provisional 10(B) license due to circumstances outside the control of the applicant.
(1) Circumstances outside the control of the applicant include, but are not limited to:
(a) Enactment of a local moratorium as outlined under section 3780.25 of the Revised Code subsequent to the facility site selection process;
(b) Unilateral revocation by a property owner for use of the licensed premises of the facility site selected;
(c) Establishment of a prohibited facility as defined by division (A)(35) of section 3780.01 of the Revised Code within five hundred feet of the proposed facility site subsequent to the facility site selection process.
(2) If the division approves a relocation, the applicant must submit a new facility site for approval that meets the criteria established in paragraph (I) or (J) of this rule, as applicable.
(M) Certificate of operation. All 10(B) licenses must obtain a certificate of operation within twelve months of receipt of its provisional license.
Last updated June 7, 2024 at 7:43 AM
History
- Effective: June 7, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-03 Cannabis Social Equity and Jobs Program.
In accordance with sections 3780.18 and 3780.19 of the Revised Code and coordination with the department of development cannabis social equity jobs program, the division shall provide notice in advance of an application period for which preference shall be given to applicants certified as cannabis social equity and jobs program participants.
Last updated June 25, 2025 at 10:44 PM
History
- Effective: June 7, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-04 Additional Cannabis Operator Licenses.
(A) Following twenty-four months from the first date of issuance of an adult use operator license, the division of cannabis control shall review the number of cannabis operator licenses on a biannual basis and may authorize additional application periods after considering:
(1) The current and anticipated market growth and consumer demand, including the number registered patients and adult use consumers seeking cannabis;
(2) The current and projected supply of cannabis produced by licensed cultivators and processors; and
(3) The geographic distribution of dispensary sites in an effort to ensure patient and consumer access to cannabis.
(B) All application periods shall comply with rule 1301:18-2-01 of the Administrative Code.
Last updated June 7, 2024 at 7:42 AM
History
- Effective: June 7, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-05 Application to Convert Chapter 3796 license to dual-use cannabis license.
(A) Pursuant to paragraph (A)(1) of rule 1301:18-2-02 of the Administrative Code a cultivator, processor, testing laboratory, or dispensary that is currently licensed pursuant to Chapter 3796. may apply to convert its current medical facility and site to a dual-use facility. To be eligible for conversion, the applicant must comply with all dual-use application requirements outlined under this rule.
(B) A chapter 3796. of the Revised Code licensed entity seeking to convert its current facility to a dual-use facility must submit a complete application on a form as prescribed by the division. This application will demonstrate, at a minimum:
(1) The applicant's designated point of contact that shall serve as the main contact for the division for the duration of the application period.
(2) Applicant does not have an ownership or investment interest in, or compensation arrangement with:
(a) An adult use testing laboratory licensed pursuant to Chapter 3780. of the Revised Code; or
(b) An applicant for a license to conduct adult use laboratory testing.
(3) Applicant does not share any corporate officers or employees with:
(a) An adult use testing laboratory licensed pursuant to Chapter 3780. of the Revised Code; or
(b) An applicant for a license to conduct adult use laboratory testing.
(4) Compliance with all applicable tax laws within the state of Ohio; and
(5) Applicant is not contemporaneously employed by a regulatory agency or governmental entity within the state of Ohio that within that role may significantly influence or control entities licensed under Chapter 3796. or 3780. of the Revised Code.
(C) Upon receipt of a complete application for a dual-use license, the division shall review the application.
(D) After review of the application, the division may:
(1) Approve the application and issue a dual-use provisional license;
(2) Deny the application; or
(3) Advise in writing that the applicant failed to meet all application requirements.
(E) Upon determination that an applicant failed to meet all requirements of paragraph (B) of this rule, the division shall notify the applicant in writing of all deficiencies contained within the application.
(F) Within ten business days of receipt of written notification from the division, the applicant shall alleviate all deficiencies outlined and submit any further documentation requested by the division. If an applicant fails to alleviate all deficiencies in the time provided their application will be abandoned by the division.
Last updated June 7, 2024 at 7:43 AM
History
- Effective: June 7, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-07 Cannabis Entity Provisional Licenses.
(A) The division of cannabis control may issue a provisional license to a license applicant if it demonstrates, at a minimum:
(1) Compliance with all mandates outlined in the application for licensure;
(2) Compliance with all applicable tax laws within the state of Ohio;
(3) Proper, accurate, and appropriate disclosure of all information outlined under rule 1301:18-3-04 of the Administrative Code;
(4) Applicant owns, or maintains a valid lease for, the property upon which the proposed licensed premises is located;
(5) The proposed facility site is not within five hundred feet of the end boundaries of a parcel of real estate having situated on it a prohibited facility as outlined under rule 1301:18-3-01 of the Administrative Code;
(6) The licensed premises is:
(a) Not subject to a local moratorium or other action that would prohibit operation;
(b) Compliant with all applicable local ordinances, rules, and regulations adopted by the locality in which the facility is located including:
(i) Local building standards adopted pursuant to Chapters 3781. and 3791. of the Revised Code; and
(ii) Local approval to operate as a cannabis business.
(7) An applicant will be non-compliant with this paragraph if any of the above-referenced mandates in this paragraph are subject to ongoing negotiations, litigation, or other un-resolved inquiry.
(B) Upon determination that a license applicant met all mandates for a provisional license, the division may issue the provisional license outlining the business entity and licensed premises as specified in its application for licensure.
(1) In addition to the requirements outlined under this paragraph, a provisional license shall be issued only to the persons and individuals disclosed pursuant to paragraph (A)(3) of this rule.
(2) Unless otherwise authorized by the division, all provisional licenses issued pursuant to division 1301:18 of the Administrative Code are non-transferable.
(C) The division reserves the right to cancel a notice of an open application period pursuant to rule 1301:18-2-01 of the Administrative Code prior to issuance of a provisional license.
Last updated August 28, 2025 at 7:32 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-04
(A) Pursuant to Chapter 1301:18-2 of the Administrative Code, each applicant shall submit to the division all of the following:
(1) Applicant's ownership list and capitalization table;
Each applicant shall identify any person who has a ten percent or greater ownership interest within the applicant's ownership structure.
(2) An organizational chart identifying all owners, officers, and board members of the applicant;
(3) For each proposed owner, officer, and board member:
(a) Full legal name;
(b) Address;
(c) Date of birth, evidencing the individual is at least twenty-one years of age or older;
(d) The individual's proposed role with the applicant; and
(e) If applicable any ownership, financial interest, or control in any other cannabis entity.
(4) For any instance in which the applicant or any person associated with the applicant is currently or was previously licensed or authorized in another state or jurisdiction to cultivate, produce, test, dispense, or otherwise deal in the distribution of marijuana in any form, the following:
(a) A statement granting permission to contact the regulatory agency that granted the license, accompanied by the contact information, to confirm the information contained in the application; and
(b) If the license, authorization, or application was ever fined, denied, suspended, revoked, or otherwise sanctioned, a copy of documentation so indicating, or a statement that the applicant was so licensed and was never sanctioned.
(5) A list of any person with a direct or indirect financial interest in, the applicant;
(6) A list of any person with direct or indirect control over, the applicant;
(a) This applies to any current or future right to control.
(7) A list of any of the following regardless of whether they meet the definition of ownership, financial interest, or control:
(a) Option agreement, debt conversion, or other agreement which creates a current or future right in equity in the applicant.
(b) Disclosure pursuant to this rule is mandatory regardless of whether such modification is contingent upon certain acts or omissions.
(8) A copy of any pending or executed merger, sale, option to purchase, letter of intent, consulting, management, support, administrative services, or other similar agreements between applicant and any other person or that person's affiliates; and
(9) Any other documentation evidencing the ownership structure, financial interest, or control of the applicant.
(B) At least thirty calendar days prior to the issuance or renewal of a certificate of operation, each licensee shall review all documentation provided under paragraph (A) of this rule.
(1) Each licensee shall ensure all information remains true, accurate, and complete as of the date of the review.
(2) Each licensee shall submit to the division evidence of compliance with this paragraph and include the following:
(a) The date of the review;
(b) Updated documentation containing all information mandated under paragraph (A) of this rule; and
(c) Certification by a third-party, independent licensed auditor or certified public accountant attesting all documentation propounded is true, accurate, and complete representation of the information contained therein.
Last updated November 1, 2024 at 3:23 AM
History
- Effective: November 1, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-01
(A) Unless otherwise authorized pursuant to this rule, no cultivator, processor, testing laboratory, or dispensary shall be located within five hundred feet of the end boundaries of a parcel of real estate having situated on it a prohibited facility, as defined by rule 1301:8-1-01 of the Administrative Code.
(B) To determine compliance with paragraph (A) of this rule, the following applies:
(1) The distance shall be measured linearly; and
(2) The measurement shall occur at the shortest distance between the parcel line of the prohibited facility and the physical structure under the control of the cannabis facility.
(C) Paragraph (A) of this rule does not apply to the following:
(1) Cannabis entities issued a certificate of operation pursuant to Chapter 3796. of the Revised Code for the same licensed premises; and
(2) Any state university, academic medical center, or private research and development organization conducting research related to cannabis pursuant to research protocol approved by an institutional review board or equivalent entity.
(D) The division shall deny a request for a change in location or a request for cultivation area expansion that violates this rule.
A licensed entity that is issued a denial pursuant to this paragraph may submit a subsequent request for a change of location or cultivation area expansion that conforms with the mandates of this rule.
(E) An entity licensed pursuant to these rules may continue to operate in the event a prohibited facility is established within five hundred feet of the facility subsequent to the issuance of a provisional license or certificate of operation, provided the entity does the following:
(1) Notifies the division in writing; and
(2) Submits to the division any necessary modifications to ensure ongoing facility security and surveillance and public safety for review and approval.
Last updated October 31, 2024 at 9:34 AM
History
- Effective: October 31, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-08 Cannabis Entity License Renewals.
(A) A certificate of operation issued pursuant to division 1301:18 of the Administrative Code shall expire as follows:
(1) Cultivators: annually on the date of issuance
(2) Processors: annually on the date of issuance
(3) Testing laboratories: biennially on the date of issuance
(4) Dispensaries: biennially on the date of issuance.
(B) At least thirty calendar days prior to the expiration of its certificate of operation, each licensee shall:
(1) Submit the following in a manner prescribed by the division:
(a) A complete renewal application;
(b) Evidence of compliance with all applicable tax laws;
(c) The non-refundable renewal fee as outlined under rule 1301:18-2-09 of the Administrative Code; and
(2) Pursuant to rule 1301:18-9-01 of the Administrative Code, pass a full inspection within each licensee's respective renewal period as outlined under paragraph (A) of this rule.
(C) Upon receipt and completion of all requirements outlined under paragraph (B) of this rule, the division will review all associated materials
After confirmation that nothing warrants the denial of renewal pursuant to rule 1301:18-9-01 of the Administrative Code, the division will grant the license renewal.
(D) In the event a licensee fails to meet all requirements outlined under paragraph (B) of this rule prior to the expiration date of the certificate of operation, the certificate of operation shall be suspended for a maximum of thirty calendar days.
(1) In the event a licensee fails to meet all requirements under paragraph (B) of this rule during its mandatory suspension, the certificate of operation shall be deemed revoked.
(2) Upon revocation of a certificate of operation, the division shall not renew the certificate of operation.
The licensee shall:
(a) Permanently cease all operations;
(b) Not engage in any activities authorized under this division; and
(c) Destroy the certificate of operation and all affiliated employee badges.
Last updated December 20, 2024 at 7:40 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-09
(A) The following non-refundable fees shall be paid to the division of cannabis control
(1) Initial applications
(a) Level I cultivators: twenty thousand dollars
(b) Level II cultivators: two thousand dollars
(c) Processors: ten thousand dollars
(d) Testing laboratories: two thousand dollars
(e) Dispensaries: five thousand dollars
(2) Issuance of a certificate of operation
(a) Level I cultivators: one hundred eighty thousand dollars
(b) Level II cultivators: eighteen thousand dollars
(c) Processors: forty thousand dollars
(d) Testing laboratories: eighteen thousand dollars
(e) Dispensaries: seventy thousand dollars
(3) Renewal of certificate of operation
(a) Level I cultivators: two hundred thousand dollars
(b) Level II cultivators: twenty thousand dollars
(c) Processors: fifty thousand dollars
(d) Testing laboratories: twenty thousand dollars per year, which may be paid in one sum of forty-thousand dollars prior to renewal.
(e) Dispensaries: thirty-five thousand dollars per year, which may be paid in one sum of seventy thousand dollars prior to renewal.
(4) Employees
(a) Initial applications:
(i) Responsible party badge: one hundred dollars
(ii) Owner or officer badge: one hundred dollars
(iii) Employee badge: one hundred dollars
(b) Renewal of badge certificate:
(i) Responsible party badge: one hundred dollars
(ii) Owner or officer badge: one hundred dollars
(iii) Employee badge: one hundred dollars
(5) Change of ownership: one thousand dollars
(6) Change of business or trade name: five hundred dollars
(7) Change of location: one thousand dollars
(8) Major modification: one thousand dollars
(9) Product registration: one hundred dollars
(B) Any fees due and payable to the division shall be submitted via credit card, electronic transfer utilizing the automated clearing house network (ACH), a certified check or money order payable to the "Treasurer, State of Ohio," or by such other means as approved by the division.
Last updated July 21, 2026 at 12:35 PM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-9-01
(A) The Ohio division of cannabis control may, at any time, with or without notice, conduct an inspection to ensure compliance with all representations made to the division, state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(B) Notwithstanding the requirements of division 1301:18 of the Administrative Code, nothing shall prohibit the Ohio division of cannabis control, the division's designee, law enforcement, or other federal, state, or local government officials from entering any area of a cannabis entity's licensed premises if necessary to perform their governmental duties.
(C) The submission of an application that results in the issuance of a provisional license or certificate of operation irrevocably gives the Ohio division of cannabis control consent to conduct all inspections necessary to ensure compliance with state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(1) The Ohio division of cannabis control may conduct the inspection independently, or may work with third parties, other divisions, state agencies, or local authorities, including the Ohio division of agriculture, the division of industrial compliance, and the division of state fire marshal, to ensure compliance with, state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(2) An inspection of a licensee may include, without limitation, investigation of standards for safety from fire on behalf of the division by the local fire protection agency.
If a local fire protection agency is not available, the division of state fire marshal may conduct the inspection after the licensee pays the appropriate fee to the division of state fire marshal for such inspection.
(D) Pursuant to an inspection, the division may do any of the following:
(1) Access and inspect:
(a) The entirety of the licensed premises, including any off-site facilities;
(b) Any area within the licensed premises;
(c) Any secure, limited access area or other locked area of the licensed premises;
(d) Facility motor vehicles;
(e) All inventory; and
(f) All equipment, instruments, tools, containers, materials, machinery, or any other resource utilized at the licensed premises;
(2) Obtain samples for testing of any cannabis maintained at the licensed premises, media used to grow cannabis, chemicals and ingredients used in any cultivation, manufacturing, and extracting process, any labels or containers for cannabis, or any raw packaged cannabis.
(3) Question and interview registered responsible parties, owners, officers, board members, and all other employees or agents of the licensee;
(4) Review any and all policies and procedures; and
(5) Make and obtain copies of any and all records pursuant to rule 1301:18-3-17 of the Administrative Code.
(E) Prior to the issuance or renewal of a certificate of operation or change of location each licensee must pass a pre-approval inspection to ensure the licensed premises comply with all of the following:
(1) All representations made to the division;
(2) All specifications outlined in written policies and procedures as required by this chapter;
(3) All requirements outlined under Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(4) The pre-approval inspection will occur at a mutually agreeable time.
(5) Upon the completion of the pre-approval inspection, the division may issue either of the following:
(a) A certificate of operation in accordance with this division; or
(b) A written statement listing the deficiencies identified during the inspection that must be remedied before a certificate of operation will be issued by the division.
(F) Following an inspection conducted pursuant to this rule, the division will issue an inspection report that documents the following:
(1) The observations and findings of the inspections;
(2) The outcome of the inspection;
(3) Any suggestions for the licensee to take into consideration; and
(4) If applicable, a written statement listing the deficiencies identified during the inspection pursuant to paragraphs (E)(5)(b) and (G) of this rule.
(G) Deficiencies
(1) Upon receipt of a statement of deficiencies, unless otherwise authorized by the division, the licensee shall develop a plan of correction for each deficiency and submit the plan in writing to the division for review and approval within ten business days of receipt of the statement of deficiencies.
(a) The plan of correction must include specific requirements for corrective action that will be performed within thirty calendar days after the division's approval of the plan of correction
(b) If the plan of correction submitted is not acceptable to the division, the division may either direct the licensee to resubmit a plan of correction or the division may develop a directed plan of correction with which the licensee must comply.
(2) Upon approval of the written plan of correction, the licensee shall sign the plan of correction, binding the licensee to the terms under which the licensee may be issued a certificate of operation.
(a) If the licensee and the division are unable to come to terms on the written plan of correction, the division may take action in accordance with Chapter 1301:18-9 of the Administrative Code.
(3) The division will re-inspect a licensee upon the completion of the written plan of correction.
(a) If the corrective measures meet the division's satisfaction, the division will issue a certificate of operation.
(b) If the corrective measures do not meet the requirements of the written plan of correction, the division may take action in accordance with Chapter 1301:18-9 of the Administrative Code.
(H) If an inspector finds evidence of operational failures or conditions that create a likelihood of diversion, contamination, risk to public health, or a violation of any representation made to the division, state and local law, Chapters 3780 and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780 and 3796. of the Revised Code, the division may take any action authorized under Chapter 1301:18-9 of the Administrative Code.
(I) To prevent destruction of evidence, diversion, or other threats to public safety, the division may order an administrative hold of cannabis or cannabis products or any records of any licensee. The division may assess the costs of an investigation, including travel and the time of any and all division employees, to a licensee.
Last updated December 20, 2024 at 7:45 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Chapter 1301:18-3 Cannabis Entity Ownership
Ohio Adm.Code 1301:18-3-01 Cannabis Entity Distance from Prohibited Facilities.
(A) Unless otherwise authorized pursuant to this rule, no cultivator, processor, testing laboratory, or dispensary shall be located within five hundred feet of the end boundaries of a parcel of real estate having situated on it a prohibited facility, as defined by rule 1301:8-1-01 of the Administrative Code.
(B) To determine compliance with paragraph (A) of this rule, the following applies:
(1) The distance shall be measured linearly; and
(2) The measurement shall occur at the shortest distance between the parcel line of the prohibited facility and the physical structure under the control of the cannabis facility.
(C) Paragraph (A) of this rule does not apply to the following:
(1) Cannabis entities issued a certificate of operation pursuant to Chapter 3796. of the Revised Code for the same licensed premises; and
(2) Any state university, academic medical center, or private research and development organization conducting research related to cannabis pursuant to research protocol approved by an institutional review board or equivalent entity.
(D) The division shall deny a request for a change in location or a request for cultivation area expansion that violates this rule.
A licensed entity that is issued a denial pursuant to this paragraph may submit a subsequent request for a change of location or cultivation area expansion that conforms with the mandates of this rule.
(E) An entity licensed pursuant to these rules may continue to operate in the event a prohibited facility is established within five hundred feet of the facility subsequent to the issuance of a provisional license or certificate of operation, provided the entity does the following:
(1) Notifies the division in writing; and
(2) Submits to the division any necessary modifications to ensure ongoing facility security and surveillance and public safety for review and approval.
Last updated October 31, 2024 at 9:34 AM
History
- Effective: October 31, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-02 Change of Location.
(A) A licensee shall not change the location of its licensed premises without prior approval from the division of cannabis control.
(B) Prior to any proposed change, a licensee shall submit the following to the division:
(1) A complete and accurate application on a form prescribed by the division evidencing the following:
(a) The proposed location of the licensed premises;
For licensed dispensaries, any proposed location must the following:
(i) Located within the same dispensary district as the existing location; and
(ii) Unless otherwise authorized by the division, not located within one mile of another licensed dispensary.
(b) The associated plans and specifications for the proposed location;
(c) Evidence the proposed location meets all applicable requirements under rules 1301:18-5-02, 1301:18-6-02, 1301:18-7-02, and 1301:18-8-02 of the Administrative Code;
(d) The licensee will remain in compliance with division 1301:18 of the Administrative Code at the proposed location;
(e) Any supporting documentation evidencing the requirements outlined under this paragraph; and
(f) The non-refundable change of location fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(2) After review of the application for a change of location, the division may:
(a) Approve the application;
(b) Deny the application; or
(c) Advise the licensee in writing that the applicant failed to meet all application requirements.
(3) Upon receipt of written approval, the licensee may construct and prepare the new location.
(C) Once the new location is fully constructed and prepared to commence all business, the licensee shall submit in a manner prescribed by the division a proposed transition plan outlining the following:
(1) A proposed procedure for the safe and secure transfer all inventory and other materials maintained at the original location to the proposed location within ninety calendar days as outlined under paragraph (E) of this rule;
(2) Confirmation that the licensee's transition plan will ensure proper security and surveillance of the original location and the proposed location during the transition period that mitigates the risk of theft, loss, and diversion; and
(3) Assurance the licensee will maintain ongoing compliance with all requirements outlined under this chapter.
(D) Upon receipt of a licensee's proposed transition plan, the division will:
(1) Review the proposed transition plan and advise of any necessary modifications; and
(2) Conduct a change of location inspection pursuant to rule 1301:18-9-01 of the Administrative Code.
(E) Unless otherwise authorized by the division, the licensee shall have ninety calendar days from the date the licensee passes the change of location inspection pursuant to paragraph (D) of this rule to transfer all inventory.
(1) No inventory may be transferred prior to the beginning date of the approved transition period.
(2) Any cannabis remaining at the original location past the ninety-day transition period shall be destroyed in accordance with rule 1301:18-3-12 of the Administrative Code.
(3) The licensee shall notify the division once the transfer of inventory is complete and business may commence at the new location.
(4) Pursuant to rule 1301:18-9-01 of the Administrative Code, the division may conduct an inspection at the original location and the proposed location to ensure compliance with all requirements outlined under this chapter.
(F) After verification by the division that the new location is in full compliance with these rules, the division will issue a modified certificate of operation reflecting the new location.
(1) The licensee shall not operate at the new location until the division approves and issues an amended certificate of operation outlining the new location.
(2) A licensee's modified certificate of operation has the same expiration date as the previously issued license.
(G) Upon receipt of the modified certificate of operation, the licensee may commence business.
Unless otherwise authorized by the division, a licensee shall not operate in two locations pursuant to the same certificate of operation.
Last updated December 20, 2024 at 7:41 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-5-02
(A) Each cultivator shall conduct its daily business and cultivation activities in a manner that ensures a consistent supply of cannabis plant material is available for sale to customers.
Evidence of a cultivator's consistent supply pursuant to this rule is shown by not more than one hundred twenty calendar days elapsing between both of the following:
(1) Harvests totaling at least fifteen pounds of cannabis plant material; and
(2) Sale or transfer totaling at least twenty pounds of cannabis plant material for level I cultivators and ten pounds of cannabis plant material for level II cultivators.
(B) A cultivator may petition the division of cannabis control to toll computation of the timeframes provided in paragraph (A) of this rule. Such a petition shall be in writing and provide:
(1) An explanation of the facts and circumstances that prevent the cultivator's compliance with paragraph (A) of this rule; and
(2) A written plan, outlined in specific detail with the cultivator's intended actions and projected timeline, to ensure the cultivator complies with this rule.
(3) Upon receipt of a petition under this paragraph, the division may stay the requirement of paragraph (A) of this rule for the cultivator. A division order staying the requirement of paragraph (A) of this rule will state the date upon which the stay is lifted.
Last updated December 20, 2024 at 7:42 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-09
(A) The following non-refundable fees shall be paid to the division of cannabis control
(1) Initial applications
(a) Level I cultivators: twenty thousand dollars
(b) Level II cultivators: two thousand dollars
(c) Processors: ten thousand dollars
(d) Testing laboratories: two thousand dollars
(e) Dispensaries: five thousand dollars
(2) Issuance of a certificate of operation
(a) Level I cultivators: one hundred eighty thousand dollars
(b) Level II cultivators: eighteen thousand dollars
(c) Processors: forty thousand dollars
(d) Testing laboratories: eighteen thousand dollars
(e) Dispensaries: seventy thousand dollars
(3) Renewal of certificate of operation
(a) Level I cultivators: two hundred thousand dollars
(b) Level II cultivators: twenty thousand dollars
(c) Processors: fifty thousand dollars
(d) Testing laboratories: twenty thousand dollars per year, which may be paid in one sum of forty-thousand dollars prior to renewal.
(e) Dispensaries: thirty-five thousand dollars per year, which may be paid in one sum of seventy thousand dollars prior to renewal.
(4) Employees
(a) Initial applications:
(i) Responsible party badge: one hundred dollars
(ii) Owner or officer badge: one hundred dollars
(iii) Employee badge: one hundred dollars
(b) Renewal of badge certificate:
(i) Responsible party badge: one hundred dollars
(ii) Owner or officer badge: one hundred dollars
(iii) Employee badge: one hundred dollars
(5) Change of ownership: one thousand dollars
(6) Change of business or trade name: five hundred dollars
(7) Change of location: one thousand dollars
(8) Major modification: one thousand dollars
(9) Product registration: one hundred dollars
(B) Any fees due and payable to the division shall be submitted via credit card, electronic transfer utilizing the automated clearing house network (ACH), a certified check or money order payable to the "Treasurer, State of Ohio," or by such other means as approved by the division.
Last updated July 21, 2026 at 12:35 PM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-9-01
(A) The Ohio division of cannabis control may, at any time, with or without notice, conduct an inspection to ensure compliance with all representations made to the division, state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(B) Notwithstanding the requirements of division 1301:18 of the Administrative Code, nothing shall prohibit the Ohio division of cannabis control, the division's designee, law enforcement, or other federal, state, or local government officials from entering any area of a cannabis entity's licensed premises if necessary to perform their governmental duties.
(C) The submission of an application that results in the issuance of a provisional license or certificate of operation irrevocably gives the Ohio division of cannabis control consent to conduct all inspections necessary to ensure compliance with state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(1) The Ohio division of cannabis control may conduct the inspection independently, or may work with third parties, other divisions, state agencies, or local authorities, including the Ohio division of agriculture, the division of industrial compliance, and the division of state fire marshal, to ensure compliance with, state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(2) An inspection of a licensee may include, without limitation, investigation of standards for safety from fire on behalf of the division by the local fire protection agency.
If a local fire protection agency is not available, the division of state fire marshal may conduct the inspection after the licensee pays the appropriate fee to the division of state fire marshal for such inspection.
(D) Pursuant to an inspection, the division may do any of the following:
(1) Access and inspect:
(a) The entirety of the licensed premises, including any off-site facilities;
(b) Any area within the licensed premises;
(c) Any secure, limited access area or other locked area of the licensed premises;
(d) Facility motor vehicles;
(e) All inventory; and
(f) All equipment, instruments, tools, containers, materials, machinery, or any other resource utilized at the licensed premises;
(2) Obtain samples for testing of any cannabis maintained at the licensed premises, media used to grow cannabis, chemicals and ingredients used in any cultivation, manufacturing, and extracting process, any labels or containers for cannabis, or any raw packaged cannabis.
(3) Question and interview registered responsible parties, owners, officers, board members, and all other employees or agents of the licensee;
(4) Review any and all policies and procedures; and
(5) Make and obtain copies of any and all records pursuant to rule 1301:18-3-17 of the Administrative Code.
(E) Prior to the issuance or renewal of a certificate of operation or change of location each licensee must pass a pre-approval inspection to ensure the licensed premises comply with all of the following:
(1) All representations made to the division;
(2) All specifications outlined in written policies and procedures as required by this chapter;
(3) All requirements outlined under Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(4) The pre-approval inspection will occur at a mutually agreeable time.
(5) Upon the completion of the pre-approval inspection, the division may issue either of the following:
(a) A certificate of operation in accordance with this division; or
(b) A written statement listing the deficiencies identified during the inspection that must be remedied before a certificate of operation will be issued by the division.
(F) Following an inspection conducted pursuant to this rule, the division will issue an inspection report that documents the following:
(1) The observations and findings of the inspections;
(2) The outcome of the inspection;
(3) Any suggestions for the licensee to take into consideration; and
(4) If applicable, a written statement listing the deficiencies identified during the inspection pursuant to paragraphs (E)(5)(b) and (G) of this rule.
(G) Deficiencies
(1) Upon receipt of a statement of deficiencies, unless otherwise authorized by the division, the licensee shall develop a plan of correction for each deficiency and submit the plan in writing to the division for review and approval within ten business days of receipt of the statement of deficiencies.
(a) The plan of correction must include specific requirements for corrective action that will be performed within thirty calendar days after the division's approval of the plan of correction
(b) If the plan of correction submitted is not acceptable to the division, the division may either direct the licensee to resubmit a plan of correction or the division may develop a directed plan of correction with which the licensee must comply.
(2) Upon approval of the written plan of correction, the licensee shall sign the plan of correction, binding the licensee to the terms under which the licensee may be issued a certificate of operation.
(a) If the licensee and the division are unable to come to terms on the written plan of correction, the division may take action in accordance with Chapter 1301:18-9 of the Administrative Code.
(3) The division will re-inspect a licensee upon the completion of the written plan of correction.
(a) If the corrective measures meet the division's satisfaction, the division will issue a certificate of operation.
(b) If the corrective measures do not meet the requirements of the written plan of correction, the division may take action in accordance with Chapter 1301:18-9 of the Administrative Code.
(H) If an inspector finds evidence of operational failures or conditions that create a likelihood of diversion, contamination, risk to public health, or a violation of any representation made to the division, state and local law, Chapters 3780 and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780 and 3796. of the Revised Code, the division may take any action authorized under Chapter 1301:18-9 of the Administrative Code.
(I) To prevent destruction of evidence, diversion, or other threats to public safety, the division may order an administrative hold of cannabis or cannabis products or any records of any licensee. The division may assess the costs of an investigation, including travel and the time of any and all division employees, to a licensee.
Last updated December 20, 2024 at 7:45 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-12
(A) All licensees shall destroy and dispose of all excess, unwanted, outdated, deteriorated, adulterated, or misbranded cannabis under video surveillance and in a manner as to render the cannabis unusable and non-retrievable.
(B) All cannabis intended for destruction shall be weighed and recorded into the state inventory tracking system, separated from other viable inventory intended for distribution, and maintained in a secure location.
(C) Cannabis intended for disposal shall be weighed and recorded into the statewide inventory tracking system.
(D) Pursuant to paragraph (A) of this rule, cannabis shall be rendered unusable and non-retrievable by grinding and incorporating the waste with one or more of the following materials such that the resulting mixture is at least fifty-one per cent non-cannabis waste:
(1) Paper waste;
(2) Cardboard waste;
(3) Food waste;
(4) Yard or garden waste;
(5) Grease or other compostable oil waste;
(6) Bokashi, or other compost activators; or
(7) Any other waste as approved by the division.
(E) Licensed entities shall conduct all cannabis destruction and disposal in a secure, limited access area that is surveilled and accessible only to registered employees.
(F) In addition to paragraph (C) of this rule, all licensed entities shall maintain records of all cannabis destruction and disposal in accordance with rule 1301:18-3-16 of the Administrative Code and memorialize the following information for each occurrence:
(1) Manner of destruction;
(2) Rationale for destruction;
(3) Date and time of disposal;
(4) The volume or weight of the associated waste; and
(5) If applicable
(a) The registered strain or product name and form;
(b) The date of production or removal from production;
(c) Assigned state inventory tracking information.
(G) Licensed entities shall ensure that all other non-cannabis waste, including hazardous materials, is disposed of in a manner consistent with state and federal law. For purposes of this rule, non-cannabis waste includes the following:
Stalks, stems, fan leaves, or roots of the cannabis plant.
Last updated October 31, 2024 at 9:34 AM
History
- Effective: October 31, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-03 Ownership, Financial Interest, and Control.
(A) No person shall be issued more than:
(1) One cultivator provisional license or certificate of operation;
(2) One processor provisional license or certificate of operation; or
(3) Eight dispensary provisional licenses or certificates of operation.
(B) No person shall maintain ownership or a financial interest in more than:
(1) One cultivator provisional license or certificate of operation;
(2) One processor provisional license or certificate of operation; or
(3) Eight dispensary provisional licenses or certificates of operation.
(C) No person shall control more than:
(1) One cultivator provisional license or certificate of operation;
(2) One processor provisional license or certificate of operation; or
(3) Eight dispensary provisional licenses or certificates of operation.
(D) With regard to testing laboratories:
(1) No person shall be issued more than one testing laboratory provisional license or certificate of operation;
(2) No person shall maintain ownership or a financial interest in more than one testing laboratory provisional license or certificate of operation;
(3) No person shall control more than one testing laboratory provisional license or certificate of operation;
(4) No person shall be issued a testing laboratory provisional license or certificate of operation, or maintain ownership, financial interest, or control in a testing laboratory provisional license or certificate of operation and do any of the following:
(a) Acquire a provisional license or certificate of operation for any other cannabis entity licensed pursuant to this chapter;
(b) Maintain ownership or financial interest in any other cannabis entity licensed pursuant to this chapter;
(c) Control any other cannabis entity licensed pursuant to this chapter; or
(d) Share any corporate officers or employees with any other cannabis entity licensed pursuant to this chapter.
Last updated November 1, 2024 at 3:23 AM
History
- Effective: November 1, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-04 Disclosure of Ownership, Financial Interest, and Control.
(A) Pursuant to Chapter 1301:18-2 of the Administrative Code, each applicant shall submit to the division all of the following:
(1) Applicant's ownership list and capitalization table;
Each applicant shall identify any person who has a ten percent or greater ownership interest within the applicant's ownership structure.
(2) An organizational chart identifying all owners, officers, and board members of the applicant;
(3) For each proposed owner, officer, and board member:
(a) Full legal name;
(b) Address;
(c) Date of birth, evidencing the individual is at least twenty-one years of age or older;
(d) The individual's proposed role with the applicant; and
(e) If applicable any ownership, financial interest, or control in any other cannabis entity.
(4) For any instance in which the applicant or any person associated with the applicant is currently or was previously licensed or authorized in another state or jurisdiction to cultivate, produce, test, dispense, or otherwise deal in the distribution of marijuana in any form, the following:
(a) A statement granting permission to contact the regulatory agency that granted the license, accompanied by the contact information, to confirm the information contained in the application; and
(b) If the license, authorization, or application was ever fined, denied, suspended, revoked, or otherwise sanctioned, a copy of documentation so indicating, or a statement that the applicant was so licensed and was never sanctioned.
(5) A list of any person with a direct or indirect financial interest in, the applicant;
(6) A list of any person with direct or indirect control over, the applicant;
(a) This applies to any current or future right to control.
(7) A list of any of the following regardless of whether they meet the definition of ownership, financial interest, or control:
(a) Option agreement, debt conversion, or other agreement which creates a current or future right in equity in the applicant.
(b) Disclosure pursuant to this rule is mandatory regardless of whether such modification is contingent upon certain acts or omissions.
(8) A copy of any pending or executed merger, sale, option to purchase, letter of intent, consulting, management, support, administrative services, or other similar agreements between applicant and any other person or that person's affiliates; and
(9) Any other documentation evidencing the ownership structure, financial interest, or control of the applicant.
(B) At least thirty calendar days prior to the issuance or renewal of a certificate of operation, each licensee shall review all documentation provided under paragraph (A) of this rule.
(1) Each licensee shall ensure all information remains true, accurate, and complete as of the date of the review.
(2) Each licensee shall submit to the division evidence of compliance with this paragraph and include the following:
(a) The date of the review;
(b) Updated documentation containing all information mandated under paragraph (A) of this rule; and
(c) Certification by a third-party, independent licensed auditor or certified public accountant attesting all documentation propounded is true, accurate, and complete representation of the information contained therein.
Last updated November 1, 2024 at 3:23 AM
History
- Effective: November 1, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-05 Notice of Intent.
(A) Except as mandated under rules 1301:18-3-06 and 1301:18-3-07 of the Administrative Code, a licensee may modify its ownership, financial interest, or control without prior approval by the division.
(B) Prior to entering into any agreement, a licensee shall provide written notice to the division of its intent to create or modify the following:
(1) Licensee's ownership list and capitalization table as outlined under paragraph (A)(1) of rule 1301:18-3-04 of the Administrative Code;
(2) Licensee's organizational chart identifying all owners, officers, and board members of the applicant as outlined under paragraph (A)(2) of rule 1301:18-3-04 of the Administrative Code;
(3) The list of any person with a direct or indirect financial interest in, the licensee as outlined under paragraph (A)(5) of rule 1301:18-3-04 of the Administrative Code;
(4) The list of any person with direct or indirect control over, the licensee as outlined under paragraph (A)(6) of rule 1301:18-3-04 of the Administrative Code;
(5) The list of any of the following regardless of whether they meet the definition of ownership, financial interest, or control:
(a) Option agreement, debt conversion, or other agreement which creates a current or future right in equity in the applicant.
(b) Disclosure pursuant to this rule is mandatory regardless of whether such modification is contingent upon certain acts or omissions.
(C) Each licensee shall submit to the division any accompanying documentation evidencing any modification as outlined under this rule.
Last updated November 1, 2024 at 3:23 AM
History
- Effective: November 1, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-06
(A) A licensee shall not modify its ownership without prior approval from the division, provided modifications involving less than ten per cent of the ownership in a licensee do not mandate prior approval.
For purposes of this rule, all changes of ownership that occur within a given calendar year shall be calculated in the aggregate.
(B) Prior to any proposed change, a licensee shall apply on a form prescribed by the division and demonstrate all of the following:
(1) The licensee's current:
(a) Ownership list and capitalization table;
Each applicant shall identify any person who owns ten per cent or greater ownership interest within the applicant's ownership structure;
(b) Ownership structure;
(c) Organizational chart identifying all owners, officers, and board members of the applicant; and
(d) Any supporting documentation evidencing the mandates outlined under this paragraph.
(2) The licensee's proposed:
(a) Ownership list and capitalization table;
Each applicant shall identify any person who owns ten per cent or greater ownership interest within the applicant's ownership structure.
(b) Ownership structure;
(c) Organizational chart identifying all owners, officers, and board members of the applicant; and
(d) Any supporting documentation evidencing the mandates outlined under this paragraph.
(3) Every proposed owner has submitted one of the following:
(a) Verification of an active employee badge pursuant to rule 1301:18-3-09; or
(b) Both of the following:
(i) An application for an employee badge pursuant to rule 1301:18-3-09 of the Administrative Code; and
(ii) Evidence showing that the proposed owner has submitted fingerprints to the Ohio bureau of criminal identification and investigation for an Ohio and federal criminal records check within the past sixty calendar days.
(4) For any instance in which a proposed owner, or any person associated with the proposed owner, is currently or was previously licensed or authorized in another state or jurisdiction to cultivate, produce, test, dispense, or otherwise deal in the distribution cannabis in any form, the following:
(a) A statement granting permission to contact the regulatory agency that granted the license, accompanied by the contact information, to confirm the information contained in the application; and
(b) If the license, authorization or application was ever fined, denied, suspended, revoked or otherwise sanctioned, a copy of documentation so indicating, or a statement that the applicant was so licensed and was never sanctioned.
(c) This paragraph does not apply to proposed owners who are all of the following:
(i) An active employee badged pursuant to rule 1301:18-3-09 of the Administrative Code;
(ii) A current owner, as outlined in the documentation submitted pursuant to paragraph (B)(1) of this rule; and
(iii) A proposed owner, as outlined in the documentation submitted pursuant to paragraph (B)(2) of this rule.
(5) Any proposed owner meets all ownership, financial interest, and control requirements under rule 1301:18-3-04 of the Administrative Code;
(6) The licensee shall remain in compliance with all other licensure mandates outlined under this chapter; and
(7) Payment of the requisite fee pursuant to rule 1301:18-2-09 of the Administrative Code.
(C) A proposed change of ownership shall not be effective unless and until approved in writing by the division.
Last updated November 1, 2024 at 3:23 AM
History
- Effective: November 1, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-07
(A) A licensee shall not use an entity name or registered trade name without prior written approval from the division.
(B) Prior to any proposed change, a licensee is to apply on a form prescribed by the division and demonstrate all of the following:
(1) The proposed entity name or registered trade name, and any supporting documentation evidencing the licensee's registered use of the name;
(2) That the proposed entity name or registered trade name change does not constitute a change of ownership; and
(3) Any other supporting documentation evidencing compliance with this chapter.
Last updated November 1, 2024 at 3:23 AM
History
- Effective: November 1, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-09
(A) Employee badge required
(1) Each licensee shall ensure all of the following associated individuals obtain an employee badge from the division of cannabis control prior to commencement of business:
(a) Any administrator or individual responsible for the daily operation of the facility;
(b) All owners, officers, and board members, of the licensee; and
(c) All employees and agents of the licensee.
(2) Each licensee shall ensure all associated individuals outlined under paragraph (A)(1) of this rule are appropriately designated as follows:
(a) Responsible party:
(i) Prior to the issuance or renewal of a certificate of operation, each licensee shall designate at least one, but not more than three individuals to serve as the licensee's responsible party.
(ii) The designated responsible party will manage the facility's daily operations and ensure compliance with all standard operating procedures.
(iii) A responsible party is to be physically present at the licensed premises at least twenty hours per week and be immediately available to communicate with facility staff or the division during any operating hours when they are not physically present.
(b) Owner or officer:
Any and all owners, officers, and board members of the licensee.
(c) Employee:
All other employees and agents of the licensee.
(B) Prior to petitioning the division for an employee badge, each licensee shall:
(1) Complete a thorough background evaluation to confirm the applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code; and
(2) Submit a receipt or transaction number confirming that the applicant submitted the following to the Ohio bureau of criminal identification as required by sections 3780.08 and 3796.12 of the Revised Code:
(a) A complete and accurate application for:
(i) An Ohio bureau of criminal identification records check; and
(ii) A federal bureau of criminal identification records check.
(b) Two fingerprint impressions; and
(c) Clearly indicated that both records checks be sent directly to the division.
(C) Application for employee badge
Pursuant to the application process, each licensee shall submit the following to the division on behalf of the applicant:
(1) A complete and accurate application on a form prescribed by the division evidencing the following applicant information:
(a) Full legal name;
(b) The applicant's intended employee designation, as outlined under paragraph (A)(2) of this rule;
(c) Telephone number that may be utilized during normal business hours;
(d) Electronic mail address; and
(e) Mailing address.
(f) All information provided must be in working order and readily available to receive voice messages, electronic messages, or other communication as applicable.
(2) The applicant submitted fingerprint impressions to the Ohio bureau of criminal identification for an Ohio and federal bureau of criminal identification records checks;
(3) The applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code;
(4) A copy of the applicant's valid, unexpired government issued photographic identification evidencing that the applicant is at least twenty-one years of age;
(5) A clear, recognizable photographic headshot of the applicant, captured within the past six months of the date of submission;
(6) The business name and license number for any associated cultivator, processor, testing laboratory, or dispensary at which the applicant seeks employment;
(7) Individuals who have been a resident of the state of Ohio continuously for the past five years may apply for expedited renewal if the applicant consents for enrollment in the Ohio attorney general's retained applicant fingerprint database ("Rapback"), or other third-party database as determined by the division, that monitors publicly available databases for arrests and criminal convictions; and
(8) The non-refundable application fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(D) Provisional employee badge
(1) Upon receipt of a complete application, the division will issue the applicant a provisional employee badge.
(a) Each licensee shall print the applicant's provisional employee badge and ensure the applicant maintains the card on their person while conducting any business within the scope of their employment.
(b) The applicant may then immediately commence business at the associated licensee.
(c) Unless otherwise authorized by this rule, an applicant's provisional employee badge expires ninety calendar days after the date of issuance.
(2) A licensee may petition the division to extend an applicant's provisional employee badge for an additional ninety calendar days all of the following are met:
(a) The licensee submitted the extension request within ten business days of the provisional employee badge expiration;
(b) The licensee and applicant fulfilled all application requirements outlined under this rule; and
(c) Evidence that the licensee would suffer immediate irreparable harm should the extension be denied.
(E) Division review of application.
(1) During the pendency of the provisional employee badge, the division will review the employee badge application and accompanying Ohio and federal criminal identification records checks.
(2) After review of the application, the division may:
(a) Approve the application and issue a badge certificate;
(b) Deny the application; or
(c) Advise the licensee in writing that the applicant failed to meet all application requirements.
(3) Each licensee shall print the applicant's employee badge certificate and ensure the individual maintains the card on their person while engaged in any activity within the scope of their employment.
Each licensee shall ensure all employee badge certificates prevent unauthorized duplication of the badge.
(4) An employee badge certificate shall expire two years after the date of issuance.
(F) Deficiencies in applications.
(1) Upon determination by the division that a licensed entity failed to meet all requirements of paragraph (C) of this rule, the division will notify the associated licensed entity in writing of all deficiencies contained within the application.
(2) Within ten business days of receipt of written notification from the division, the licensee shall ensure that all deficiencies outlined are alleviated and submit any further documentation requested by the division.
(3) Should a licensee fail to cure all application deficiencies, the application shall be deemed abandoned.
(G) Failure to comply with application requirements.
Should a licensee fail to ensure all requirements of this rule are met, the division shall abandon the application and the licensee shall forfeit any non-refundable fee submitted to the division.
(H) Denial of application required.
The division shall deny an application for an employee badge pursuant to any of the following:
(1) The applicant was convicted of a disqualifying offense; or
(2) The applicant is not at least twenty-one years of age or older.
(I) Notification requirements.
(1) Each licensee shall notify the division of any of the following:
(a) Any employee badge that is lost, destroyed, stolen is to be immediately reported.
(b) Any modifications or changes to any information contained within their employee badge application within five business days of such change;
(c) A change of a designated responsible party within ten calendar days of the effective date of the appointment of a new designated responsible party.
(2) An individual registered pursuant to this rule arrested for activities that, if convicted, would constitute a disqualifying offense as defined by rule 1301:18-1-01 shall immediately notify the division.
If the associated licensed entity has knowledge of such arrest, it shall notify the division.
(3) In the event an individual is no longer employed or associated with a licensee, the licensee shall update all accompanying information provided to the division, within one business day and ensure that the employee badge certificate is returned and destroyed upon separation.
(J) Employee badge renewal.
(1) Pursuant to the renewal process, the licensed entity shall submit the following to the division on behalf of the applicant prior to the badge's expiration:
(a) A complete and accurate renewal application in a manner prescribed by the division; and
(b) The non-refundable renewal fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(K) An individual whose employee badge was revoked, and any individual whose actions directly caused a license entity's license revocation, is precluded from applying for an employee identification for at least five years from the date of revocation or final judicial decision upon of an order of revocation.
Last updated December 20, 2024 at 7:41 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-08 Financial Responsibility.
(A) Prior to the issuance or renewal of a certificate of operation, each licensee shall acquire and maintain evidence of financial responsibility as outlined under this rule.
(B) Financial responsibility maintained pursuant to this rule may be payable to the division in the event a licensee fails to comply with any mandates under this chapter.
(C) Each licensee shall evidence financial responsibility by acquiring and maintaining both of the following:
(1) Commercial general liability insurance covering products liability through an insurance company authorized to conduct business within the state of Ohio; and
(2) One of the following:
(a) An escrow account with a chartered financial institution within the state of Ohio acting as the escrow agent, in the amount as follows:
(i) Level one cultivators: seven hundred fifty thousand dollars
(ii) Level two cultivators: seventy-five thousand dollars
(iii) Processors: two hundred fifty thousand dollars
(iv) Testing laboratories: seventy-five thousand dollars
(v) Dispensaries: fifty thousand dollars
(vi) The escrow terms shall include the following:
(a) The licensee's business name and license number issued by the division; and
(b) Preclusion of the financial institution to release or return any escrow funds maintained pursuant to this rule without prior written authorization by the division.
(b) A surety bond executed by a corporate surety company licensed by the state of Ohio and authorized to execute surety bonds pursuant to Chapter 3929. of the Revised Code naming the licensee as the principal of the bond, in the amount as follows:
(i) Level one cultivators: seven hundred fifty thousand dollars
(ii) Level two cultivators: seventy-five thousand dollars
(iii) Processors: two hundred fifty thousand dollars
(iv) Testing laboratories: seventy-five thousand dollars
(v) Dispensaries: fifty thousand dollars
(vi) The bond terms shall include the following:
(a) ) The licensee's business name and license number issued by the division; and
(b) Preclusion of the surety to cancel a bond maintained pursuant to this rule without prior written authorization by the division.
(c) In the event that a licensee's escrow funds are released, or a bond is cancelled, the licensee shall immediately submit evidence of financial responsibility to the division on or before the effective date of cancellation.
(D) A licensee may petition the division to reduce its financial responsibility maintained pursuant to paragraph (C) of this rule in the amount as follows:
(1) Level one cultivators: two hundred fifty thousand dollars
(2) Level two cultivators: twenty-five thousand dollars
(3) Processors: seventy-five thousand dollars
(4) Testing laboratories: twenty-five thousand dollars
(5) Dispensaries: fifteen thousand dollars
(E) The division will approve a licensee to reduce its financial responsibility in the amount outlined in paragraph (D) of this rule if all of the following are met:
A determination by the division that for a period of one calendar year, the licensee:
(1) Remained fully operational without substantial interruption; and
(2) Demonstrated compliance with all mandates of this chapter and Chapters 3780. and 3796. of the Revised Code.
(F) The division will approve a licensee to further reduce its financial responsibility in the amount outlined in paragraph (D) of this rule if all of the following are met:
A determination by the division that for a period of two consecutive calendar years, the licensee:
(1) Remained fully operational without substantial interruption; and
(2) Demonstrated compliance with all mandates of this chapter and Chapters 3780. and 3796. of the Revised Code.
(G) A licensee may petition the division to terminate its financial responsibility. The division will approve a request pursuant to this paragraph if it determines that that for a period of three consecutive calendar years, the licensee:
(1) Remained fully operational without substantial interruption; and
(2) Demonstrated compliance with all mandates of this chapter and Chapters 3780. and 3796. of the Revised Code.
Last updated October 31, 2024 at 9:34 AM
History
- Effective: October 31, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-1-01
(A) For purposes of this chapter, the following definitions shall apply:
(1) Abandoned application means an application submitted pursuant to division 1301:18 of the Administrative Code which does not meet the minimum eligibility requirements for review, or is otherwise deemed abandoned pursuant to this chapter, and is removed from the application process.
(2) Adult-use consumer: means an individual who is at least twenty-one years of age.
(3) Adulterated cannabis means marijuana as defined by division (A)(1) of section 3796.01 of the Revised Code in which any of the following applies:
(a) A substance has been mixed or packed with the cannabis so as to reduce the quality or strength or the substance has been substituted wholly or in part for the cannabis;
(b) It consists, in whole or in part, of any filthy, putrid, or decomposed substance, including mold, mildew, and other contaminants;
(c) It has been produced, processed, prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or
(d) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.
(4) Advertisement or advertising means any written or verbal statement, illustration, or depiction created, intended, or otherwise calculated to induce sales, through a combination of letters, pictures, objects, lighting effects, illustrations, or other similar means, regardless of form, location, or medium.
(5) Batch number means a unique numeric or alphanumeric identifier assigned prior to testing to allow for inventory tracking and traceability.
(6) Bona fide physician-patient relationship has the same meaning as used in the rule promulgated by the state medical board of Ohio under section 4731.301 of the Revised Code.
(7) Cannabis clone means a non-flowering cannabis plant cut from a mother plant that is no taller than twelve inches and is capable of developing into a new plant.
(8) Cannabis container: a sealed, hard or soft-bodied receptacle in which cannabis or cannabis products are directly placed.
(a) A cannabis container that is not subsequently placed into any secondary package as defined by this rule, shall adhere to all packaging and labeling requirements outlined under rule 1301:18-4-20 of the Administrative Code.
(b) A cannabis container does not mean:
(i) Inner wrapping or lining;
(ii) Any associated device used to administer the cannabis;
(iii) An exit package; or
(iv) Packaging used to transfer cannabis in bulk from one licensee or to another.
(9) Cannabis device means any portable, hand-held cannabis mechanism sold with cannabis or cannabis products utilized for administering the materials contained within. This includes, vaporizers, cannabis inhalers, oral syringe used to administer oil for cannabis extracts intended for oral administration, paper or other materials intended for use in a raw or infused single serving units, and other similar materials.
(10) Cannabis inhaler means a device to administer aerosolized cannabis concentrate and does not further decarboxylate THCA by heated vaporization or combustion.
(11) Cannabis product means any product manufactured by a cannabis processor that is in the final form intended for consumption. A cannabis product contains cannabis extract or dried cannabis plant material, which may be in combination with other approved ingredients to create the final product. This includes, but is not limited to, oils, tinctures, edibles, patches, single serving units, combination inhalable products, vaporization solutions, and any forms approved under division 1301:18 of the Administrative Code.
(12) Church means a church as defined by section 1710.01 of the Revised Code.
(13) Combination inhalable product means a product created by combining one or more cannabis products, including cannabis extracts, with dried plant material into a final form which is intended for inhalation. Combination inhalable products may only be created using cannabis products and dried plant material which passed all state-required testing just prior to use as a component.
(14) Complete registration means the following:
(a) Patient full name;
(b) Patient residential address;
(c) Patient telephone number;
(d) Patient date of birth;
(e) Patient qualifying condition;
(f) State-issued identification number (such as driver's license number) or other identification approved by the division;
(g) Patient registration number;
(h) Recommending physician's full name (first name and last name);
(i) Recommending physician's drug enforcement administration identification number;
(j) Recommending physician's medical license number issued by the state medical board;
(k) Recommending physician's certificate to recommend identification issued by the state medical board;
(l) Date recommendation was issued by the recommending physician;
(m) Recommending physician's business address, telephone number, and email address;
(n) Indication whether the recommendation is new or a refill;
(o) Number of the refill being dispensed; and
(p) Date order written, which shall be the date the written recommendation was issued.
(15) Control means the ability to make or significantly influence the strategic policies or management decisions ordinarily reserved for the majority owners or board of directors of a "person" as defined under these rules. Control may be established through ownership, contract, or otherwise; provided control will not be imputed on a bank or licensed lending institution that holds a mortgage or other lien on the person acquired in the ordinary course of business.
(a) When determining whether a person is exercising control, or has the ability to exercise control, over another, the division may consider, among other factors, whether, and to what extent, the person has any power to do the following on behalf of another:
(i) Adopt or amend governance documents, including articles of incorporation, articles of organization, bylaws, operating agreements, or buy-sell agreements.
(ii) Cause or prevent a merger, dissolution, equity sale, or asset sale.
(iii) Elect or remove directors or officers; or elect or remove other positions that exercise authority similar to those of a director or an officer in an Ohio corporation.
(iv) Exercise voting power similar to a shareholder in an Ohio corporation.
(v) Exercise voting power similar to a director in an Ohio corporation.
(vi) Call meetings of the directors or owners.
(vii) Regulate the authority of the owners, directors, or officers.
(viii) Issue shares, membership interest, or similar equity.
(ix) Declare dividends or distributions.
(x) Enter into contractually binding agreements.
(xi) Authorize a mortgage, pledge, lien or deed of trust on any real property or personal property.
(xii) Hire or fire organizations that manage day-to-day operations.
(b) In addition to the listed factors, the division may consider any other factors listed under paragraph (A)(1) of this rule it deems relevant. Control may be established whether one, any or none of the factors listed are present.
(16) Cultivation area means the boundaries of the enclosed areas in which adult use cannabis is cultivated during the vegetative stage and flowering stage of the cultivation process. For purposes of calculating the cultivation area square footage, enclosed areas used solely for the storage and maintenance of mother plants, clones, or seedlings shall not be included.
(17) Customer: means an adult-use consumer or registered medical patient or caregiver within the context of purchasing cannabis at a licensed dispensary.
(18) Disqualifying offense means a conviction or plea of guilty, including conspiracy to commit, attempt to commit, or aiding and abetting another in committing, the following:
(a) Any offense set forth in Chapter 2925, 3719, or 4729. of the Revised Code, the violation of which constitutes a felony or a misdemeanor of the first degree;
(b) Any theft offense set forth under division (K) in section 2913.01 of the Revised Code, the violation of which constitutes a felony;
(i) Any violation for which a penalty was imposed under section 3715.99 of the Revised Code;
(ii) A crime of moral turpitude as defined in section 4776.10 of the Revised Code; or
(iii) A violation of any former law of this state, any existing or former law of another state, any existing or former law applicable in a military court or Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any of the offenses listed in paragraphs (A)(15)(a)(iv) to (A)(15)(a)(iv) of this rule.
(c) Any first-degree misdemeanor offense listed in paragraphs (A)(15)(a)(i) to (A)(15)(a)(v) of this rule will not automatically disqualify an applicant from licensure if the applicant was convicted of or pleaded guilty to the offense more than five years before the date the application for licensure is filed.
(d) Notwithstanding paragraph (A)(1) or (A)(2) of this rule, no misdemeanor offense, including misdemeanors of the first degree, related to cannabis possession, cannabis trafficking, illegal cultivation of cannabis, illegal use or possession of drug paraphernalia or cannabis drug paraphernalia, or other cannabis related crimes shall be considered a disqualifying offense.
(19) Dual-use license means a license issued by the division that allows:
(a) A cultivator to engage in all permissible activities outlined under sections 3796.18, 3780.12, and 3780.13 of the Revised Code.
(b) A processor to engage in all permissible activities outlined under sections 3796.19 and 3780.14 of the Revised Code.
(c) A testing laboratory to engage in all permissible activities outlined under sections 3796.21 and 3780.16 of the Revised Code.
(d) A dispensary to engage in all permissible activities outlined under sections 3796.20 and 3780.15 of the Revised Code.
(20) Facility visitor means any individual seeking to enter the premises of a licensed entity who does not maintain a valid employee badge pursuant to rule 1301:18-3-09 of the Administrative Code and is not a registered patient, caregiver, or adult-use consumer within a dispensary's retail area.
(21) Final form means the form of cannabis as manicured, trimmed, manufactured, or processed and intended for customer sale.
The intended form of cannabis immediately prior to submission to a testing laboratory licensed pursuant to division 1301:18 of the Administrative Code for all state-required testing. For purposes of submission of final form cannabis for any state-required testing, final form cannabis may, but is not mandated to be, placed in a container or package.
(22) Financial interest means any actual or future right to ownership, or investment, with another person, either directly or indirectly, through business, investment, spouse, parent, or child, in licensed cannabis business. Financial interest does not include ownership of investment securities in a publicly-held corporation that is traded on a national securities exchange or over-the-counter market in the United States, provided the investment securities held by the person and the person's spouse, parent, or child, in the aggregate, do not exceed ten per cent ownership in the licensed cannabis entity.
(23) Flowering stage means the stage of cultivation where and when a cannabis plant is cultivated to produce plant material for products. This includes mature plants which are identified by:
(a) If greater than two stigmas are visible at each internode of the plant; or
(b) If the cannabis plant is in an area that has been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation, from the exact moment the light deprivation has started to occur and for the remainder of the cannabis plant growth cycle in such area.
(24) Health-related statement means any statement, term, reference, or claim related to health and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption or administration of cannabis, or any compound, ingredient, additive, or any combination thereof, found within a cannabis product, and health benefits or effects on health. This includes both specific health claims and general references to alleged health benefits or effects on health associated with the consumption of cannabis. This also includes anything that implies a physical, physiological, or psychological sensation or effect resulting from the consumption or administration of cannabis. Health-related statement also includes statements, symbols, vignettes, or other forms of communication that suggest, within the context in which they are presented, that a relationship exists between the consumption or administration of cannabis and any alleged health benefit.
(25) Indigent status means an individual enrolled in the federal "Social Security Disability Income" (SSDI) or the "Supplemental Security Income" (SSI) disability programs, a copy of a letter or other documentation from the United States social security administration with the individual's identification or other documentation as determined by the division.
(26) Infused single serving unit is a combination inhalable product that consists of dried plant material and cannabis extract, wrapped in rolling paper. The cannabis extract may be included in the product by combining with the dried plant material, applying to the rolling paper, or both. A lot of infused single serving units may not exceed thirty-five thousand units.
(27) Licensed premises means the real property, including any facility, building, storage areas, parking lot or areas, and any surrounding curtilage, to which any person licensed pursuant to division 1301:18 of the Administrative Code maintains ownership or control over via a valid lease or other formal written agreement and as represented to the division of cannabis control pursuant to an application for a license to cultivate, process, test, or dispense cannabis and reflected on the person's certificate of operation.
(28) Live plants means cannabis plants that are no greater than five feet in height and are still in the vegetative state and not flowering;
(29) Mother plant means a cannabis plant that is cultivated or maintained for the purpose of generating clones, and that will not be used to produce plant material for sale to a processor or dispensary.
(30) Ownership means a person's, direct or indirect, present ownership interest in a person, including membership interest in a limited liability company, shares of stock in a corporation, or similar equity interests in any other corporate person; or a person's beneficial interest or proprietary interest in an individual or group of individuals. The definition of ownership does not include passive equity interest of less than ten per cent in a licensed cannabis business which is for investment purposes only.
(31) Packaging intended for direct customer sale: the final cannabis packaging as presented, displayed, and sold to customers at a licensed dispensary. Packaging for direct customer sale, may include a cannabis container and secondary packaging, depending on the product type. All packaging for direct customer shall adhere to all mandates outlined for rule 1301:18-4-20 of the Administrative Code.
(32) Person includes, but is not limited to, an individual or a combination of individuals; a sole proprietorship, a firm, a company, a joint venture, a partnership of any type, a joint-stock company, a corporation of any type, a corporate subsidiary of any type, a limited liability company, a business trust, or any other business entity or organization; an assignee; a receiver; a trustee in bankruptcy; an unincorporated association, club, society, or other unincorporated entity or organization; entities that are disregarded for federal income tax purposes; and any other nongovernmental, artificial, legal entity that is capable of engaging in business.
(33) Product alert: A notice issued from the division to the public when it is determined that a cannabis product is not compliant with Chapter 3780. or 3796. of the Revised Code, or these rules, and has been sold to the public, but the deficiency does not reasonably constitute the product being unfit for consumption or a risk to public health and safety.
(34) Product recall: A notice issued from the division to the public when it is determined that a cannabis product which is not compliant with Chapter 3780. or 3796. of the Revised Code, or these rules, has been sold to the public, and the deficiency may cause serious adverse health consequences.
(35) Prohibited facility means a school, church, public library, public playground, or public park, as defined by this rule.
(36) Provisional license means a temporary license issued to a license applicant that establishes certain conditions that must be met by the provisional licensee before it may be issued a cultivator, processor, testing laboratory, or dispensary certificate of operation and engage in any authorized activity outlined under division 1301:18 of the Administrative Code.
(37) Public library means a library provided for under Chapter 3375. of the Revised Code.
(38) Public park means a park established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.
(39) Public playground means a playground established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.
(40) Range of total THC content means within ten per cent of the total THC content as defined by rule 1301:18-1-01 of the Administrative Code as reflected by the associated certificate of analysis.
(41) Raw single serving unit means a unit that is packed with dried cannabis plant material (such as trim, shake or ground flower) and wrapped in rolling paper. A raw single serving unit contains only dried cannabis plant material. A batch of raw single serving units must be wrapped in rolling paper prior to all state-required testing.
(42) Recommending physician means a physician, as defined by division (A)(5) of section 3796.01 of the Revised Code, that holds a valid certificate to recommend medical cannabis issued by the state medical board of Ohio under section 4731.30 of the Revised Code.
(43) Secondary packaging: if applicable, packaging that holds the cannabis container and does not come into direct contact with any cannabis. The packaging as presented for direct customer sale.
(44) School means a public or nonpublic primary school or secondary school and includes a childcare center as defined under section 5104.01 of the Revised Code, and a preschool, as defined section 2950.034 of the Revised Code.
(45) Shake means the loose, fragmented pieces of cannabis plant material that accumulate at the bottom of a bag or container. It consists of fragmented buds, broken leaves, and resinous trichomes (kief) that naturally separate during transportation or handling.
(46) Single day supply: means up to 2.5 ounces of plant material and cannabis products with a total THC content of no more than fifteen thousand milligrams for purposes of calculation of days and days' supply pursuant to division (B)(1) of section 3796.03 of the Revised Code.
(47) Test sample collector: means an individual who is a registered employee pursuant to rule 1301:18-3-09 of the Administrative Code who retrieves test samples from a licensed entity, conducts all required test sample collection, and adheres to all mandates pertaining to test sample collection on behalf of a testing laboratory licensed pursuant to division 1301:18 of the Administrative Code.
(48) Tetrahydrocannabinol or THC means the sum of the amount of delta-9 tetrahydrocannabinol (THC) and 87.7 per cent of the amount of delta-9-tetrahydrocannabinolic acid (THCA) present in the product or plant material. THC does not include minor cannabinoids
(49) Tetrahydrocannabinol content means tetrahydrocannabinol as defined by this rule and any artificially or naturally derived tetrahydrocannabinols, or any structural, optical or geometric isomers, or analogs of tetrahydrocannabinols derived cannabinoid with an intoxicating or psychoactive effect, as determined by the division of cannabis control.
(50) Trim means the sugar leaves and small pieces of cut-off buds that are intentionally pruned from the cannabis plant post-harvest as part of the trimming or manicuring phase, as well as the resinous trichomes (kief) that are dislodged from the cannabis plant incidental to trimming and manicuring activities.
(51) Veteran status means an individual that may provide the following:
(a) Department of defense identification card (active, retired, temporary disability retirement list (TDRL);
(b) DD214, DD215, or national guard bureau (NGB) military discharge certificate indicating disposition of discharge;
(c) Report of separation from the national archives national personnel records center in St. Louis, Missouri;
(d) Veterans identification card from the department of veterans affairs; or
(e) Other documentation as determined by the division.
(52) Vegetative stage means the stage of cultivation where and when a cannabis plant is propagated to produce additional cannabis plants or reach a sufficient size for production. This includes "seedlings," "clones," "mothers," and other immature cannabis plants identified by:
(a) Having no more than two stigmas visible at each internode of the cannabis plant and if the cannabis plant is in an area that has not been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation; or
(b) Any cannabis plant that is cultivated solely for the purpose of propagating clones and is never used to produce any cannabis intended for direct customer sale.
(B) [Reserved.]
Last updated August 24, 2026 at 2:20 PM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-10 Employee Training and Qualification Requirements.
(A) Pursuant to section 3780.03 of the Revised Code, each licensee shall establish and oversee an employee training program.
(1) Each licensee shall submit in a manner prescribed by the division of cannabis control evidence of ongoing compliance with this rule and ensure:
(a) All training is reviewed annually and updated as necessary and appropriate; and
(b) All employees regularly receive training on all applicable materials.
(B) Foundational Training. Prior to commencing business, each person registered pursuant to rule 1301:18-3-09 of the Administrative Code, shall receive foundational training on the following:
(1) All applicable written policies and procedures associated with their respective assigned function.
(2) Use and proper documentation of all cannabis maintained at the licensed premises in the state inventory tracking system established pursuant to sections 3780.05 and 3796.07 of the Revised Code;
(3) Preparation for regulatory inspections;
(4) Mandates for maintaining their respective badge certificate pursuant to rule 1301:18-3-09 of the Administrative Code;
(5) All applicable statutes and regulations pertaining to Ohio cannabis law; and
(6) Responsible use training and available associated resources for addiction services established pursuant to section 3780.30 of the Revised Code.
(C) Additional Requirements. In addition to the foundational training outlined under paragraph (B) of this rule, each licensee shall train all applicable employees as follows:
(1) Security Personnel. Prior to gaining access to the licensed premises' designated security and surveillance area, or commencing any security or surveillance function, each authorized registered employee shall successfully complete the Ohio homeland security private investigators and security guards ('PISGS') training located at:
(a) https://homelandsecurity.ohio.gov/private-investigators-and-security-guards/training-opportunities/online-training
(2) OSHA training. Each cultivator and processor shall ensure on an annual basis:
(a) At least one registered responsible party or other person in a safety supervisory or managerial role completes the thirty-hour OSHA course; or
(b) The licensee maintains a contract with a third-party OSHA safety consultant approved by the division to provide all registered employees regular trainings and safety audits.
(3) Processors.
(a) Each processor shall ensure at least one employee is available during all operating hours when cannabis products are prepared or packaged, who is a certified food protection manager through a program accepted by the Ohio department of health, or a nationally recognized accrediting agency as approved by the division.
(b) A processor using hydrocarbon solvent-based or carbon dioxide extraction methods shall designate at least one person to train and supervise employees engaged in extracting cannabis, producing cannabis products, or the handling of such products on the proper, sanitary, and safe use of extraction equipment and associated solvents.
(i) The supervisor shall meet the following minimum qualifications:
(a) A bachelor's degree in engineering or physical sciences from an accredited university; or
(b) At least three years of experience operating the same or similar processing and extraction equipment utilized at the facility.
(4) Dispensaries.
(a) Prior to commencing business, all dispensary employees with access to confidential patient information or the patient registry shall receive foundational training pertaining to the confidentiality requirements pursuant to rule 1301:18-8-07 of the Administrative Code;
(b) Prior to dispensing cannabis, all dispensary employees dispensing cannabis shall receive the following training:
(i) Relevant registration and training on the drug database established pursuant to section 4729.75 of the Revised Code;
(ii) Instruction on the different forms and methods of administration;
(iii) Instruction on qualifying conditions for medical cannabis patients;
(iv) Authorized uses of medical cannabis in the treatment of qualifying conditions;
(v) Guidelines for providing information to patients and caregivers related to patients' symptoms and risks associated with medical cannabis, including possible drug interactions;
(vi) Recognizing signs and symptoms of substance abuse; and
(vii) Guidelines for refusing to provide cannabis to an individual who appears to be impaired or abusing cannabis.
(D) Pursuant to rule 1301:18-3-14 of the Administrative Code, each licensee shall document all training pursuant to this rule and include the following:
(1) Names and qualifications of the person responsible for training content;
(2) A set of training materials, to be provided to each participant; and o (3) Date(s) of training.
Last updated January 5, 2026 at 10:10 AM
History
- Effective: January 1, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-07
(A) Each dispensary shall ensure the confidentiality of all records related to patient transactions. Except as authorized under paragraph (B) of this rule, patient records may only be released via written authorization and consent by the patient.
(1) Any consent must be signed by the patient and dated.
If a patient is unable to provide written consent, consent may only be provided by the patient's caregiver or legal guardian.
(2) Any consent for disclosure is valid until rescinded by the patient.
(B) A dispensary may release patient records to the following individuals:
(1) The patient;
(2) The patient's designated caregiver;
(3) The certified physician who issued the recommendation to the patient;
(4) Certified or licensed health care personnel responsible for the care of the patient;
(5) Any person that the dispensary is legally required to release the information to, including upon issuance of a valid subpoena, court order, or other similar document only in a criminal matter or an equivalent juvenile matter
(6) An agent who contracts with the dispensary as a "business associate" in accordance with the regulations promulgated by the secretary of the United States department of health and human services pursuant to the federal standards for the privacy of individually identifiable health information;
(7) If applicable, an agent of a medical insurance company who provides insurance coverage for medical cannabis upon authorization and proof of insurance by the patient or proof by the insurance company for those medications requested; and
(8) The Ohio division of cannabis control.
(C) In an emergency, a dispensary may disclose the recommendation information when it is deemed to be in the best interest of the patient.
A dispensary employee that orally discloses patient information pursuant to an emergency must prepare a written statement outlining the following:
(1) The name of the dispensary employee who disclosed the information;
(2) The patient's name;
(3) The date and time of disclosure;
(4) The nature of the emergency; and
(5) The names of the individuals to whom the information was disclosed.
Last updated December 20, 2024 at 7:44 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-14
(A) Each licensee shall maintain all books, records, policies, procedures, and documentation evidencing the daily operations and business transactions conducted at the licensed premises.
(1) Unless otherwise approved by the division of cannabis control, all records must be maintained upon the licensed premises.
(2) All records shall be maintained in an auditable format and immediately available for inspection and duplication upon the division of cannabis control's request.
(3) A licensee may use an electronic system for storage and retrieval of records so long as the system meets the following:
(a) Guarantees the confidentiality of the information stored in the system;
(b) Is capable of providing safeguards against erasures and unauthorized changes; in data after the information has been entered and verified by the licensee;
(c) Can implement an administrative hold for investigative or inspection purposes; and
(d) Is capable of being reconstructed in the event of a computer malfunction or accident resulting in the destruction of the data bank.
(4) Any loss of electronically maintained records shall not mitigate any violations of this rule.
(B) Documentation maintained within the normal course of business and as required by paragraph (A) of this rule shall be retained for the current calendar year, and the preceding calendar year, and include the following:
(1) Any and all written policies and procedures utilized at the licensed premises including those mandated by division 1301:18 of the Administrative Code, including:
(a) Standard operating procedures;
(b) Cleaning and sanitization procedures of the licensed premises;
(c) In accordance with rule 1301:18-3-12 of the Administrative Code, waste disposal records;
(d) Inventory records;
(e) Security and surveillance records;
(f) Production records;
(g) Packaging and labeling records;
(h) Records of all test samples sent to a licensed testing laboratory and the associated certificate of analysis for each batch or lot;
(i) In accordance with rule 1301:18-3-13 of the Administrative Code, transportation records;
(j) In accordance with rule 1301:18-9-04 of the Administrative Code, product alerts and recall procedures; and
(k) In accordance with rule 1301:18-3-11 of the Administrative Code, visitor logs.
(2) If applicable:
(a) Dispensing records, as required by Chapter 1301:18-8 of the Administrative Code;
(b) Records of any theft, loss, or other unaccountability of any cannabis as required by rule 1301:18-9-02 of the Administrative Code;
(c) All complaints received pertaining to the quality or efficacy of the licensee's cannabis cultivated, processed, tested, or dispensed at the licensed premises; and
(d) All complaints received alleging the cannabis cultivated, processed, tested, or dispensed at the licensed premises, directly caused a negative health or adverse event resulting in serious bodily harm to the complainant, as required by rule 1301:18-9-02 of the Administrative Code.
(3) Business records, including:
(a) Licensee's ownership list and capitalization table;
(b) An organizational chart identifying all owners, officers, and board members of the licensee;
(c) For each owner, officer, and board member:
(i) Full legal name;
(ii) Mailing address;
(iii) Date of birth, evidencing the individual is at least twenty-one years of age or older; and
(iv) The individual's role with the licensee.
(d) A list of any person with a direct or indirect financial interest in, the licensee;
(e) A list of any person with direct or indirect control over, the licensee.
This applies to any current or future right to control;
(f) A list of any of the following regardless of whether they meet the definition of ownership, financial interest, or control:
(i) Option agreement, debt conversion, or other agreement which creates a current or future right in equity in the licensee, regardless of whether such modification is contingent upon certain acts or omissions;
(ii) A copy of any executed merger, sale, option to purchase, letter of intent, consulting, management, support, administrative services, or other similar agreements between applicant and any other person or that person's affiliates; and
(iii) Any other documentation evidencing the ownership structure, financial interest, or control of the licensee.
(4) All financial records reasonably related to operations, including but not limited to:
(a) Records that clearly reflect all financial transactions and the financial condition of the business, including contracts for services performed or received that relate to the licensee;
(b) Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale, and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;
(c) Accounting and tax records related to the licensee and all investors in the licensee;
(d) Bank statements;
(e) Cancelled checks; and
(f) Third-party vendor contracts.
(5) All advertising records related to advertising, promotional, or other marketing materials;
(6) Employee records, including:
(a) Employee hiring records, including the applicable background evaluation conducted by the licensee pursuant to paragraph (B)(1) of rule 1301:18-3-09 of the Administrative Code;
(b) An employee list of all current and former employees, outlining the following information:
(i) Full legal name, address, phone number, and electronic mail address;
(ii) Badge certificate number pursuant to rule 1301:18-3-09 of the Administrative Code;
(iii) Access designation credentials;
(iv) Date of hire; and
(v) If applicable:
(a) Date and rationale for separation; and
(b) History of disciplinary actions.
(c) Salary and wages paid to each employee, and any executive compensation, bonus, benefit, or item of value paid to any individual affiliated with any cannabis entity, including members of a non-profit corporation, if any; and
(d) Training and educational records, pursuant to rule 1301:18-3-10 of the Administrative Code.
Last updated October 15, 2025 at 1:03 PM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-11 Facility Visitors.
(A) Upon entering the premises of a licensed entity, all facility visitors must:
(1) Provide valid, government issued photographic identification evidencing that they are twenty-one years of age or older;
(2) Obtain a visitor badge, to be visibly displayed at all times, and returned upon their departure; and
(3) Escorted and monitored by an assigned registered employee at all times.
(B) Each licensee shall maintain a visitor log memorializing all facility visitors that enter the licensed premises. The visitor log will include all of the following information for each visitor:
(1) Full legal name of the visitor;
(2) The date and time of the visitor's arrival and departure;
(3) The employee assigned to escort visitor; and
(4) The purpose of the facility visit.
Last updated October 31, 2024 at 9:34 AM
History
- Effective: October 31, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-16
(A) Bulk packaging:
Prior to transfer to another licensee, each cultivator and processor shall place the cannabis in a separate, clean food-grade package that is tamper-evident and maintains the integrity and stability of the cannabis contained within.
(B) Bulk shipping label: Each cultivator and processor shall ensure all cannabis intended for transfer to another licensee is affixed with a label on the exterior of every bulk package and states in legible English at least the following information, as applicable:
(1) The business name and license number of the cultivator where the cannabis plant material was cultivated and harvested;
(2) The business name and license number of the processor where the cannabis products were manufactured;
(3) The batch or lot number that corresponds with the batch or lot number associated with all state-required testing;
(4) The net weight of the cannabis contained within the package or the quantity of units contained within the package;
(5) The universal THC symbol;
(6) The division seal, as prescribed by the division;
(7) The following warning: This product contains cannabis, Keep out of reach of children; and
(8) If the plant material or cannabis product was mislabeled by the originating licensee, or is damaged, defective, or adulterated, a disclaimer that states as such.
(C) Transfer manifests. Prior to any transfer, sale, or distribution to another licensed entity, the originating licensee shall prepare a transfer manifest utilizing the state inventory tracking system and include the following information for each transfer:
(1) The business names and facility address of the licensees sending and receiving the shipment;
(2) The time of departure and estimated time of arrival;
(3) Within each transfer the following information for each individual package:
(a) A description of each individual package that is part of the transfer;
(b) The total number of individual packages;
(c) The unique identifying number generated within the state inventory tracking associated with the package;
(d) The units of measure as reported within the state inventory tracking system as follows:
(i) The net weight of the cannabis contained within the package; or
(ii) The quantity of units contained within the package;
(e) The unique identifying number generated within the state inventory tracking system associated with the transfer manifest; and
(f) If applicable:
(i) The names of the registered employees transporting the cannabis and their respective badge certificate number as provided by rule 1301:18-3-09 of the Administrative Code;
(ii) The license plate number and vehicle type that will transport the shipment; and
(iii) The specific delivery route, which includes street names and distances.
(4) Prior to the delivery, provide a copy of the transfer manifest to the recipient licensee and the division, via the state inventory tracking system.
(D) Prior to receipt, each licensee shall ensure that all cannabis received from another licensee adheres to the following:
(1) Meets all standards for all applicable state-required testing;
(2) Meets all packaging and labeling standards; and
(3) The accompanying certificate of analysis is uploaded in the state inventory tracking system with each batch or lot.
Last updated August 28, 2025 at 7:32 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-13 Transportation of Cannabis to Another Licensed Entity.
(A) Each licensee shall establish, maintain, and comply with written policies and procedures for the transportation of cannabis and ensure the following:
(1) Implementation of proper security protocols to mitigate the risk of diversion, theft, or loss and safety measures for possible emergency scenarios;
(2) Real-time knowledge of the location of all motor vehicles while in transit;
(3) Pursuant to this chapter, the originating licensee transporting cannabis creates a transfer manifest within the state inventory tracking system and ensure all information contained within the transfer manifest is transmitted to the recipient entity and the division.
(4) All individuals transporting cannabis shall:
(a) Be registered pursuant to rule 1301:18-3-09 of the Administrative Code and issued a badge certificate;
(b) Maintain and display their registered badge during transportation;
(c) Ensure the transportation vehicle containing cannabis is attended to by at least one badged employee;
(d) Ensure delivery times vary and routes are randomized;
(e) Maintain a physical copy of the transfer manifest completed pursuant to paragraph (A)(3) of this rule for the duration of the transportation;
(f) Notify the originating cannabis entity when the delivery has reached the recipient entity and the delivery is completed; and
(g) Report the following:
(i) Any vehicle accident that occurs during the transportation to a person designated by the transporting cannabis entity to receive such reports within two hours after the accident occurs;
(ii) Any loss or theft of cannabis that occurs during the transportation of cannabis in accordance with rule 1301:18-9-02 of the Administrative Code; and
(iii) In the event of an emergency, immediately notify law enforcement through the 911 emergency system and to the cannabis entities, which will immediately notify the division, unless the notification is impractical under the circumstances.
(B) The vehicle transporting the cannabis shall:
(1) Be registered in the state of Ohio and insured as required by the law;
(2) Store the cannabis in a locked, safe, and secure storage compartment affixed to the motor vehicle, or in a locked storage container that has a separate key or combination pad;
(3) Ensure all product is not visible from the outside of the vehicle;
(4) Have access to a secure form of communication with personnel at the cannabis entity and the ability to contact law enforcement through the 911 emergency system at all times that the vehicle contains cannabis, unless notification is impractical under the circumstances; and
(5) Not contain any marks, logos, brands, or other illustrations on the exterior of the vehicle, other than those affixed to the vehicle by the vehicle manufacturer or dealership.
Last updated December 20, 2024 at 7:41 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-9-04
(A) Each licensee shall establish, maintain, and comply with written policies and procedures to conduct product alerts and recalls of cannabis and ensure the following:
(1) A designated recall coordinator is trained and prepared to manage complaint and product investigations. The designated recall coordinator is responsible for:
(a) Communicating timely and accurate information to the division of cannabis control.
(b) Maintaining up-to-date communication and contact lists for the licensee's recall team members.
(2) Each of the following elements are included:
(a) Identification of the product name, unique product identification, description, batch or lot number;
(b) Identification of any reports or complaints made to the licensee about the product;
(c) Inventory and sales review of the affected products including products in the licensee's inventory, products transferred, dispensaries transferred to, and products sold;
(d) Adequate product quarantine steps; and
(e) Notification templates for the groups described in paragraph (A)(4) of this rule.
(3) Appropriately address product alerts and recalls, whether initiated by the licensee or by the division.
(4) All affected product is immediately quarantined from other viable inventory intended for distribution and maintained in a secure location.
(5) The licensee notifies the following individuals about the alert or recall:
(a) All associated licensees that cultivated, processed, or dispensed the affected cannabis;
(b) All patients who have, or likely have, obtained the affected product;
(c) All customers who have, or may have, obtained the affected product are notified via a conspicuous posting at the dispensary of the alert or recall notice by each dispensary where the product was sold;
(d) The communication must include information on the process for return of the recalled product; and
(e) If the alert or recall is initiated by a licensee, notification to the division immediately after initial determination that an alert or recall is necessary and proper.
(6) Pursuant to paragraph (A)(5) of this rule, the licensee contains the following information within the notice:
(a) The business name and license number of all licensed entities that received the affected product;
(b) The product identity;
(c) Product description;
(d) Net contents;
(e) Batch or lot number; and
(f) If applicable, notice that the customer must return the affected product within thirty calendar days of the notice to receive a refund and revision of a patient's days' supply.
(7) In the event of a product alert or product recall directs a customer to return the affected product to a dispensary, the dispensary shall do the following:
(a) If the product is returned within thirty calendar days of the notice, accept any unused affected product;
(b) If the dispensary has established a more expansive return policy in accordance with rule 1301:18-8-12 of the Administrative Code and the product is returned within that policy, accept any affected product;
(c) Provide the customer a refund of the purchase of the product contemporaneously with the return; and
(d) If applicable, revise the patient's days' supply to reflect the returned product.
(e) Unless otherwise authorized by the division, the dispensary shall destroy and dispose of any cannabis returned pursuant to this rule in accordance with rule 1301:18-3-12 of the Administrative Code.
(B) [Reserved.]
Last updated August 28, 2025 at 7:35 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-15 Discontinuing Business.
(A) In the event a licensee permanently ceases all business operations, the licensee shall provide written notice to the division of cannabis control at least ninety calendar days prior to the effective date of the closure.
(B) A licensee that intends to permanently cease all business operations under paragraph (A) of this rule shall submit a written closure plan to the division at least sixty calendar days prior to the effective date of the closure, and include, at a minimum, the following:
(1) The sale of cannabis inventory at market rate;
(2) The destruction of cannabis on hand at the facility on the effective date of the closure;
(3) The sale or removal of equipment and products ancillary to the business;
(4) The retention of all records required to be maintained in accordance with the applicable records retention schedules;
(5) The steps that will be taken to maintain compliance with these rules, and any other conditions required by the division until the approved closure date; and
(6) The closure and intended use of the premises at which the licensee was located.
(C) Within thirty calendar days of receipt of a licensee's closure plan, the division will review the plan and may:
(1) Approve the plan;
(2) Deny the plan; or
(3) Advise the licensee in writing that additional information is needed for review.
(D) Upon discontinuing business, the division shall not renew the certificate of operation.
(1) The licensee shall:
(a) Permanently cease all operations;
(b) Not engage in any activities authorized under this chapter; and
(c) Destroy the certificate of operation and all affiliated employee badges.
(E) If the closure is the result of an eviction notice, the licensed entity shall immediately notify the division of the eviction notice and the effective date of the notice.
This notice shall be provided prior to the licensed entity taking any steps to wind down and discontinue business operations.
Last updated December 20, 2024 at 7:42 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Chapter 1301:18-4 Manufacturing Practices, Administration, Testing, and Customer Sales of Cannabis
Ohio Adm.Code 1301:18-4-01 Cultivator and Processor Good Manufacturing Processes.
Each cultivator and processor shall establish, maintain, and comply with written policies and procedures for the safe, sanitary, and clean cultivation and manufacturing of cannabis at the licensed premises. Each cultivator and processor shall ensure all policies and procedures include the following:
(A) Personnel:
(1) Disease control. Any employee who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of cannabis, cannabis-contact surfaces, or cannabis-packaging materials becoming contaminated, is to be excluded from any operations which may be expected to result in such contamination until the condition is corrected, unless conditions such as open lesions, boils, and infected wounds are adequately covered (e.g., by an impermeable cover).
Personnel are to be instructed to report such health conditions to their supervisors.
(2) Cleanliness. All employees working in direct contact with cannabis, cannabis-contact surfaces, and cannabis-packaging materials are to conform to hygienic practices while engaged in employment activities to the extent necessary to protect against allergen cross-contact and against contamination of cannabis. The methods for maintaining cleanliness include:
(a) Wearing outer garments suitable to the operation in a manner that protects against allergen cross-contact and against the contamination of cannabis, cannabis-contact surfaces, or cannabis-packaging materials.
(b) Maintaining adequate personal cleanliness.
(c) Removing all unsecured jewelry and other objects that might fall into cannabis, equipment, or containers, and removing hand jewelry that cannot be adequately sanitized during periods in which cannabis is manipulated by hand. If such hand jewelry cannot be removed, it may be covered by material which can be maintained in an intact, clean, and sanitary condition and which effectively protects against the contamination by these objects of the cannabis, cannabis-contact surfaces, or cannabis-packaging materials.
(d) Maintaining gloves, if they are used in cannabis handling, in an intact, clean, and sanitary condition.
(e) Wearing, where appropriate, in an effective manner, hair nets, headbands, caps, beard covers, or other effective hair restraints.
(f) Storing clothing or other personal belongings in areas other than where cannabis is exposed or where equipment or utensils are washed.
(g) Confining the following to areas other than where cannabis may be exposed or where equipment or utensils are washed: eating food, chewing gum, drinking beverages, or using tobacco.
(h) Taking any other necessary precautions to protect against allergen cross-contact and against contamination of cannabis, cannabis-contact surfaces, or cannabis-packaging materials with microorganisms or foreign substances (including perspiration, hair, cosmetics, tobacco, chemicals, and medicines applied to the skin).
(3) Hand washing.
(a) Each employee is to clean their hands and the exposed portions their arms using a cleaning compound in a hand-washing sink that is appropriately equipped, at the following times:
(i) Immediately before working with cannabis plants;
(ii) Immediately before preparing or packaging cannabis, including, without limitation, working with exposed cannabis, cleaning equipment and utensils or unwrapped single-service and single-use articles;
(iii) After touching any bare human body parts other than their clean hands and exposed portions of arms, including, without limitation, surrogate prosthetic devices for hands and arms;
(iv) After using the toilet facilities;
(v) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking;
(vi) After handling soiled equipment or utensils;
(vii) During preparation or packaging of cannabis, as often as necessary to remove soil and contamination and to prevent cross- contamination when changing tasks;
(viii) Before donning gloves for working with cannabis; and
(ix) After engaging in other activities that contaminate the hands.
(b) Each employee is to use the following cleaning procedure in the order stated to clean their hands and the exposed portions of their arms, including, without limitation, surrogate prosthetic devices for hands and arms:
(i) Rinse under clean, running, warm water
(ii) Apply an amount of cleaning compound recommended by the manufacturer of the cleaning compound.
(iii) Rub together vigorously for at least fifteen seconds while:
(a) Paying particular attention to removing soil from underneath the fingernails during the cleaning procedure;
(b) Creating friction on the surfaces of the hands and arms, fingertips and areas between the fingers;
(c) Thoroughly rinse under clean, running warm water; and
(d) Immediately follow the cleaning procedure with thorough drying using a clean paper towel.
(B) Facility and grounds.
(1) Grounds. The grounds about the licensed premises under the control of the licensee are to be kept in a condition that will protect against the contamination of cannabis. The methods for adequate maintenance of grounds are to include:
(a) Properly storing equipment, removing litter and waste, and cutting weeds or grass within the immediate vicinity of the licensed premises that may constitute an attractant, breeding place, or harborage for pests.
(b) Maintaining roads, yards, and parking lots so that they do not constitute a source of contamination in areas where cannabis is exposed.
(c) Adequately draining areas that may contribute contamination to cannabis by seepage, foot-borne filth, or providing a breeding place for pests.
(d) Operating systems for waste treatment and disposal in an adequate manner so that they do not constitute a source of contamination in areas where cannabis is exposed.
(e) If the licensed premises grounds are bordered by grounds not under the licensee's control and not maintained in the manner described in paragraphs (B)(1)(a) to (B)(1)(d) of this rule, care is to be exercised in the facility by inspection, extermination, or other means to exclude pests, dirt, and filth that may be a source of cannabis contamination.
(2) Facility construction and design. The facility is to be suitable in size, construction, and design to facilitate maintenance and sanitary operations for cannabis-production purposes (i.e., cultivating, manufacturing, processing, packing, and holding). The facility is to:
(a) Provide adequate space for such placement of equipment and storage of materials as is necessary for maintenance, sanitary operations, and the production of safe cannabis.
(b) Reduce the potential for allergen cross-contact and for contamination of cannabis, cannabis-contact surfaces, or cannabis-packaging materials with microorganisms, chemicals, filth, and other extraneous material.
The potential for allergen cross-contact and for contamination may be reduced by adequate cannabis safety controls and operating procedures or effective design, including the separation of operations in which allergen cross-contact and contamination are likely to occur, by one or more of the following means: location, time, partition, air flow systems, dust control systems, enclosed systems, or other effective means.
(c) Be constructed in such a manner that floors, walls, and ceilings may be adequately cleaned and kept clean and kept in good repair; that drip or condensate from fixtures, ducts and pipes does not contaminate cannabis, cannabis-contact surfaces, or cannabis-packaging materials; and that aisles or working spaces are provided between equipment and walls and are adequately unobstructed and of adequate width to permit employees to perform their duties and to protect against contaminating cannabis, cannabis-contact surfaces, or cannabis-packaging materials with clothing or personal contact.
(d) Provide adequate lighting in hand-washing areas, dressing and locker rooms, and toilet rooms and in all areas where cannabis is harvested, examined, manufactured, produced, processed, packed, tested, or held and where equipment or utensils are cleaned; and provide shatter-resistant light bulbs, fixtures, skylights, or other glass suspended over exposed cannabis in any step of preparation or otherwise protect against cannabis contamination in case of glass breakage.
(e) Provide adequate ventilation or control equipment to minimize dust, odors, and vapors (including steam and noxious fumes) in areas where they may cause allergen cross-contact or contaminate cannabis; and locate and operate fans and other air-blowing equipment in a manner that minimizes the potential for allergen cross-contact and for contaminating cannabis, cannabis-packaging materials, and cannabis-contact surfaces.
(f) Provide, where necessary, adequate screening or other protection against pests.
(C) Sanitary operations
(1) General maintenance. Buildings, fixtures, and other physical facilities of the licensed premises are to be maintained in a clean and sanitary condition and be kept in repair adequate to prevent cannabis from becoming adulterated.
Cleaning and sanitizing of utensils and equipment are to be conducted in a manner that protects against allergen cross-contact and against contamination of cannabis, cannabis-contact surfaces, or cannabis-packaging materials.
(2) Substances used in cleaning and sanitizing; storage of toxic materials.
(a) Cleaning compounds and sanitizing agents used in cleaning and sanitizing procedures are to be free from undesirable microorganisms and safe and adequate under the conditions of use.
(i) Cleaning compounds and sanitizing agents are to be used in accordance with the labeling requirements.
(ii) Processors are to use food-safe sanitizers for all utensils and contact surfaces.
(b) Only the following toxic materials may be used or stored in a facility where cannabis is processed or exposed:
(i) Those necessary to maintain clean and sanitary conditions;
(ii) Those necessary for use in the facility's operations;
(iii) Those necessary for use in laboratory testing procedures; and
(iv) Those necessary for facility and equipment maintenance and operation.
(c) Toxic cleaning compounds, sanitizing agents, and pesticide chemicals are to be identified, held, and stored in a manner that protects against contamination of cannabis, cannabis-contact surfaces, or cannabis-packaging materials.
(3) Pest control. Pests are not allowed in any area of a cannabis facility.
(a) ) Guard, guide, or pest-detecting dogs may be allowed in some areas of a facility if the presence of the dogs is unlikely to result in contamination of cannabis, cannabis-contact surfaces, or cannabis-packaging materials.
(b) Effective measures are to be taken to exclude pests from the cultivation, production, manufacturing, processing, testing, packing, and holding areas and to protect against the contamination of cannabis on the premises by pests.
(c) The use of pesticides to control pests in the facility is permitted only under precautions and restrictions that will protect against the contamination of cannabis, cannabis-contact surfaces, and cannabis-packaging materials.
(4) Sanitation of cannabis-contact surfaces. All cannabis-contact surfaces, including utensils and cannabis-contact surfaces of equipment, are to be cleaned as frequently as necessary to protect against allergen cross-contact and against contamination of cannabis.
(a) Cannabis-contact surfaces used for cultivating, producing, manufacturing, processing, testing, packing, or holding low-moisture cannabis are to be in a clean, dry, sanitary condition before use. When the surfaces are wet-cleaned, they are to be, when necessary, sanitized and thoroughly dried before subsequent use.
(b) In wet processing, when cleaning is necessary to protect against allergen cross-contact or the introduction of microorganisms into cannabis, all cannabis-contact surfaces are to be cleaned and sanitized before use and after any interruption during which the cannabis-contact surfaces may have become contaminated. Where equipment and utensils are used in a continuous production operation, the utensils and cannabis-contact surfaces of the equipment must be cleaned and sanitized as necessary.
(c) Single-service articles (such as utensils intended for one-time use, paper cups, and paper towels) are to be stored, handled, and disposed of in a manner that protects against allergen cross-contact and against contamination of cannabis, cannabis-contact surfaces, or cannabis-packaging materials.
(5) Non-cannabis-contact surfaces of equipment used in the operation of a cannabis facility are to be cleaned in a manner and as frequently as necessary to protect against allergen cross-contact and against contamination of cannabis, cannabis-contact surfaces, and cannabis-packaging materials.
(6) Cleaned and sanitized portable equipment with cannabis-contact surfaces and utensils are to be stored in a location and manner that protects cannabis-contact surfaces from allergen cross-contact and from contamination.
(D) Sanitary facilities and controls
Each facility is to be equipped with adequate sanitary facilities and accommodations including:
(1) The water supply is to provide potable water that meets the standards prescribed in the Primary Drinking Water Regulations, 40 C.F.R. Part 141 and be adequate for the operations intended and derived from an adequate source.
(a) Any water that contacts cannabis, cannabis-contact surfaces, or cannabis-packaging materials is to be safe and of adequate sanitary quality.
(b) All running water is to be a suitable temperature, and under pressure as needed, in all areas where required for the cultivation, manufacture, and processing of cannabis, for the cleaning of equipment, utensils, and cannabis-packaging materials, or for employee sanitary facilities.
(2) Plumbing is to be of adequate size and design and adequately installed and maintained to:
(a) Carry adequate quantities of water to required locations throughout the facility.
(b) Properly convey sewage and liquid disposable waste from the facility.
(c) Avoid constituting a source of contamination to cannabis, water supplies, equipment, or utensils or creating an unsanitary condition.
(d) Provide adequate floor drainage in all areas where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor.
(e) Provide that there is not backflow from, or cross-connection between, piping systems that discharge wastewater or sewage and piping systems that carry water for cannabis cultivation, production, or manufacturing.
(3) Sewage is to be disposed of into an adequate sewerage system or disposed of through other adequate means.
(4) Toilet facilities. Each facility is to provide employees with adequate, readily accessible toilet facilities.
Toilet facilities are to be kept clean and cannot be a potential source of contamination of cannabis, cannabis-contact surfaces, or cannabis-packaging materials.
(5) Each facility where employees will have direct contact with cannabis, cannabis-contact surfaces, and cannabis-packaging materials are to contain a fully-stocked hand-washing sink limited to hand washing only with the following:
(a) Disposable, single-use paper towels in a mounted dispenser;
(b) Hand washing soap contained in a dispenser; and
(c) A trash can conveniently located near the sink.
(6) Waste disposal. In accordance with rule 1301:18-3-12 of the Administrative Code, waste must be so conveyed, stored, and disposed of as to minimize the development of odor, minimize the potential for the waste becoming an attractant and harborage or breeding place for pests, and protect against contamination of cannabis, cannabis-contact surfaces, cannabis-packaging materials, water supplies, and ground surfaces.
(E) Equipment and utensils
(1) All cannabis not contained within packaging intended for direct customer sale is to be maintained in food grade containers.
(2) All facility equipment and utensils used in cultivating, producing, manufacturing, processing, testing, packing, or holding cannabis are to be so designed and of such material and workmanship as to be adequately cleanable, and adequately maintained to protect against allergen cross-contact and contamination.
(a) Equipment and utensils are to be designed, constructed, and used appropriately to avoid the adulteration of cannabis with lubricants, fuel, metal fragments, contaminated water, or any other contaminants.
(b) Equipment is to be installed so as to facilitate the cleaning and maintenance of the equipment and of adjacent spaces.
(c) Cannabis-contact surfaces are to be corrosion-resistant when in contact with cannabis.
(d) Cannabis-contact surfaces are to be made of nontoxic materials and designed to withstand the environment of their intended use and the action of cannabis, and, if applicable, cleaning compounds, sanitizing agents, and cleaning procedures.
(e) Cannabis-contact surfaces are to be maintained to protect cannabis from allergen cross-contact and from being contaminated by any source, including unlawful indirect cannabis additives.
(3) Seams on cannabis-contact surfaces are to be smoothly bonded or maintained so as to minimize accumulation of cannabis particles, dirt, and organic matter and thus minimize the opportunity for growth of microorganisms and allergen cross-contact.
(4) Equipment that is in areas where cannabis is cultivated, manufactured, processed, tested, packed, or held and that does not come into contact with cannabis is to be so constructed that it can be kept in a clean and sanitary condition.
(5) Trimming, holding, conveying, and manufacturing systems, including gravimetric, pneumatic, closed, and automated systems, is to be of a design and construction that enables them to be maintained in an appropriate clean and sanitary condition.
(6) Each freezer and cold storage compartment used to store and hold cannabis capable of supporting growth of microorganisms is to be fitted with an indicating thermometer, temperature-measuring device, or temperature-recording device so installed as to show the temperature accurately within the compartment.
(7) Instruments and controls used for measuring, regulating, or recording temperatures, pH, acidity, water activity, or other conditions that control or prevent the growth of undesirable microorganisms in cannabis are to be accurate and precise and adequately maintained, and adequate in number for their designated uses.
(8) Compressed air or other gases mechanically introduced into cannabis or used to clean cannabis-contact surfaces or equipment are to be treated in such a way that cannabis is not contaminated with unlawful indirect cannabis additives.
(F) Processes and controls
(1) All operations in the cultivation, production, manufacturing, processing, testing, dispensing, packing, and holding of cannabis (including operations directed to receiving, inspecting, transporting, and segregating) are to be conducted in accordance with adequate sanitation principles.
(a) Appropriate quality control operations are to be employed to ensure that cannabis is suitable for human consumption and that cannabis-packaging materials are safe and suitable.
(b) Overall sanitation of the facility is to be under the supervision of one or more competent individuals assigned responsibility for this function.
(c) Adequate precautions are to be taken to ensure that production procedures do not contribute to allergen cross-contact and to contamination from any source.
(d) Chemical, microbial, or extraneous-material testing procedures are to be used where necessary to identify sanitation failures or possible allergen cross-contact and cannabis contamination.
(e) All cannabis that has become contaminated to the extent that it is adulterated must be rejected, or if appropriate, treated or processed to eliminate the contamination.
(2) Raw materials and other ingredients. Raw materials and other ingredients are to be inspected and segregated or otherwise handled as necessary to ascertain that they are clean and suitable for processing into cannabis and stored under conditions that will protect against allergen cross-contact and against contamination and minimize deterioration.
(a) Raw materials are to be washed or cleaned as necessary to remove soil or other contamination.
(b) Water used for washing, rinsing, or conveying cannabis are to be safe and of adequate sanitary quality.
Water may be reused for washing, rinsing, or conveying cannabis if it does not cause allergen cross-contact or increase the level of contamination of the cannabis.
(c) Raw materials and other ingredients are to either not contain levels of microorganisms that may render the cannabis injurious to the health of humans, or otherwise treated during production and manufacturing operations so that they no longer contain levels that would cause the product to be adulterated.
(d) Raw materials and other ingredients susceptible to contamination with aflatoxin or other natural toxins are to comply with FDA regulations for poisonous or deleterious substances before these raw materials or other ingredients are incorporated into finished cannabis.
(e) Raw materials, other ingredients, and rework susceptible to contamination with pests, undesirable microorganisms, or extraneous material are to comply with applicable FDA regulations for natural or unavoidable defects if a manufacturer wishes to use the materials in manufacturing cannabis.
(f) Raw materials, other ingredients, and rework are to be held in bulk, or in containers designed and constructed so as to protect against allergen cross-contact and against contamination and held at such temperature and relative humidity and in such a manner as to prevent the cannabis from becoming adulterated. Material scheduled for rework must be identified as such.
(g) Frozen raw materials and other ingredients are to be kept frozen. If thawing is required prior to use, it to be done in a manner that prevents the raw materials and other ingredients from becoming adulterated.
(h) Liquid or dry raw materials and other ingredients received and stored in bulk form are to be held in a manner that protects against allergen cross-contact and against contamination.
(i) Raw materials and other ingredients that are cannabis allergens, and rework that contains cannabis allergens, are to be identified and held in a manner that prevents allergen cross-contact.
(3) Manufacturing operations. Equipment and utensils and cannabis containers are to be maintained in an adequate condition through appropriate cleaning and sanitizing, as necessary. Insofar as necessary, equipment is to be taken apart for thorough cleaning.
(a) All cannabis cultivation, manufacturing, processing, packing, testing, and holding are to be conducted under such conditions and controls as are necessary to minimize the potential for the growth of microorganisms, allergen cross-contact, contamination of cannabis, and deterioration of cannabis.
(b) Cannabis that can support the rapid growth of undesirable microorganisms is to be held at temperatures that will prevent the cannabis from becoming adulterated during cultivation, production, manufacturing, processing, packing, testing, and holding.
(c) Measures such as sterilizing, irradiating, cooking, freezing, refrigerating, controlling pH, or controlling aw that are taken to destroy or prevent the growth of undesirable microorganisms are to be adequate under the conditions of manufacture, handling, and distribution to prevent cannabis from being adulterated.
(d) Work-in-process and rework is to be handled in a manner that protects against allergen cross-contact, contamination, and growth of undesirable microorganisms.
(e) Effective measures are to be taken to protect finished cannabis from allergen cross-contact and from contamination by raw materials, other ingredients, or refuse.
(i) When raw materials, other ingredients, or refuse are unprotected, they cannot be handled simultaneously in a receiving, loading, or shipping area if that handling could result in allergen cross-contact or contaminated cannabis.
(ii) During transportation, cannabis is to be protected against allergen cross-contact and against contamination as necessary.
(f) Equipment, containers, and utensils used to cultivate, process, manufacture, test, convey, hold, or store raw materials and other ingredients, work-in-process, rework, or other cannabis is to be constructed, handled, and maintained during manufacturing, processing, packing, and holding in a manner that protects against allergen cross-contact and against contamination.
(g) Adequate measures are to be taken to protect against the inclusion of metal or other extraneous material in cannabis.
(h) Cannabis, raw materials, and other ingredients that are adulterated are to be disposed of in a manner that protects against the contamination of other cannabis.
(i) Steps such as washing, trimming, cutting, sorting and inspecting, mashing, dewatering, cooling, shredding, extruding, drying, whipping, defatting, and forming is to be performed so as to protect cannabis against allergen cross-contact and against contamination.
(j) Cannabis is to be protected from contaminants that may drip, drain, or be drawn into the cannabis.
(k) Heat blanching, when required in the preparation of cannabis products capable of supporting microbial growth, is to be effected by heating the cannabis to the required temperature, holding it at this temperature for the necessary time, and then either rapidly cooling the cannabis or passing it to subsequent manufacturing without delay. Growth and contamination by thermophilic microorganisms in blanchers is to be minimized by the use of adequate operating temperatures and by periodic cleaning and sanitizing as necessary.
(l) Batters, breading, sauces, gravies, dressings, dipping solutions, and other similar preparations that are held and used repeatedly over time are to be treated or maintained in such a manner that they are protected against allergen cross-contact and against contamination, and minimizing the potential for the growth of undesirable microorganisms.
(m) Filling, assembling, packaging, and other operations are to be performed in such a way that the cannabis is protected against allergen cross-contact, contamination and growth of undesirable microorganisms.
(n) Food, such as dry mixes, nuts, intermediate moisture food, and dehydrated food, that relies principally on the control of aw for preventing the growth of undesirable microorganisms is to be processed to and maintained at a safe moisture level.
(o) Cannabis that relies principally on the control of pH for preventing the growth of undesirable microorganisms is to be monitored and maintained at a pH of 4.6 or below.
(p) When ice is used in contact with cannabis, it is to be made from water that is safe and of adequate sanitary quality in accordance with this rule and used only if it has been manufactured in accordance with current good manufacturing practice as outlined in this part.
(G) Cannabis storage and distribution
Storage and transportation of cannabis is to be under conditions that will protect against allergen cross-contact and against biological, chemical (including radiological), and physical contamination of cannabis, as well as against deterioration of the cannabis and the container.
(H) A cultivator or processor may request exemption of a specific mandate outlined under this rule so long as the following apply:
(1) The division issued the licensee a certificate of operation prior to the initial effective date of this rule; and
(2) The licensee demonstrates the following:
(a) The specific mandate would require a major modification of an immutable, structural aspect of the licensed premises; and
(b) All other factors outlined under rule 1301:18-9-06 of the Administrative Code.
Last updated January 5, 2026 at 10:10 AM
History
- Effective: January 1, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-12
(A) All licensees shall destroy and dispose of all excess, unwanted, outdated, deteriorated, adulterated, or misbranded cannabis under video surveillance and in a manner as to render the cannabis unusable and non-retrievable.
(B) All cannabis intended for destruction shall be weighed and recorded into the state inventory tracking system, separated from other viable inventory intended for distribution, and maintained in a secure location.
(C) Cannabis intended for disposal shall be weighed and recorded into the statewide inventory tracking system.
(D) Pursuant to paragraph (A) of this rule, cannabis shall be rendered unusable and non-retrievable by grinding and incorporating the waste with one or more of the following materials such that the resulting mixture is at least fifty-one per cent non-cannabis waste:
(1) Paper waste;
(2) Cardboard waste;
(3) Food waste;
(4) Yard or garden waste;
(5) Grease or other compostable oil waste;
(6) Bokashi, or other compost activators; or
(7) Any other waste as approved by the division.
(E) Licensed entities shall conduct all cannabis destruction and disposal in a secure, limited access area that is surveilled and accessible only to registered employees.
(F) In addition to paragraph (C) of this rule, all licensed entities shall maintain records of all cannabis destruction and disposal in accordance with rule 1301:18-3-16 of the Administrative Code and memorialize the following information for each occurrence:
(1) Manner of destruction;
(2) Rationale for destruction;
(3) Date and time of disposal;
(4) The volume or weight of the associated waste; and
(5) If applicable
(a) The registered strain or product name and form;
(b) The date of production or removal from production;
(c) Assigned state inventory tracking information.
(G) Licensed entities shall ensure that all other non-cannabis waste, including hazardous materials, is disposed of in a manner consistent with state and federal law. For purposes of this rule, non-cannabis waste includes the following:
Stalks, stems, fan leaves, or roots of the cannabis plant.
Last updated October 31, 2024 at 9:34 AM
History
- Effective: October 31, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-9-06
The division may grant variances from rules promulgated in accordance with Chapters 3796. and 3780. of the Revised Code when:
(A) The applicable provision is not statutorily mandated;
(B) The proposed variance is within public interest;
(C) Individuals will not be injured by the proposed variance; and
(D) The applicable provision would, in the particular case, be unreasonable or unnecessarily burdensome.
Last updated December 20, 2024 at 7:45 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-4-02 Authorized cannabis forms and methods of administration.
(A) Pursuant to sections 3780.04 and 3796.06 of the Revised Code, and in accordance with all mandates outlined under Chapters 3780. and 3796. of the Revised Code and division 1301:18 of the Administrative Code, a cultivator or processor shall only produce the following forms and methods of administration:
(1) For adult-use cannabis, smoking, combustion, or vaporization:
(a) Seeds;
(b) Live plants;
(c) Clones;
(d) Plant material; and
(e) Cannabis extracts.
(2) For medical cannabis, vaporization:
(a) Seeds;
(b) Live plants;
(c) Clones;
(d) Plant material; and
(e) Cannabis extracts.
(3) Oral administration:
(a) Capsules;
(b) Pills;
(c) Tablets;
(d) Drops;
(e) Oils;
(f) Edibles; and
(g) Cannabis beverages.
(4) Topical administration:
(a) Salves;
(b) Ointments;
(c) Lotions or similar cosmetic products; and
(d) Topical sprays.
(5) Transdermal administration, patches.
(6) Inhalation, inhalers.
(7) Sublingual or oromucosal:
(a) Lozenges;
(b) Oral pouches;
(c) Oral strips;
(d) Oral sprays; and
(e) Tinctures.
(8) Rectal, suppositories.
(B) The following limitations apply for medical cannabis:
(1) The smoking or combustion of medical cannabis is prohibited.
(2) Vaporization is not an authorized method of administration for registered patients under the age of eighteen.
Last updated April 13, 2026 at 1:45 PM
History
- Effective: March 24, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-4-03 Petition for Additional Forms and Methods.
(A) A person seeking to add an approved form or method of administration as outlined under rule 1301:18-4-03 of the Administrative Code shall apply in a manner prescribed by the division of cannabis control and demonstrate the following:
(1) Multiple scientific experts support the addition of the form or method of administration.
The scientific experts must have specialized knowledge acquired through experience, education or observation, or study that is not possessed by the average layperson.
(2) The extent to which the prospective form or method of administration is generally accepted by the medical community;
(3) Information or studies known to the petitioner regarding any benefit or adverse effects from the use of the proposed form or method of administration; and
(4) Benefits to approving the proposed form or method of administration.
(B) In addition to information provided in a petition, the division may examine scientific, medical, or other evidence and research pertaining to the petition and may gather information, in person or in writing, from other persons knowledgeable about the form or method of administration included in the petition.
(C) Division review of application.
(1) Upon receipt of an application pursuant to paragraph (A) of this rule, the division will review the application and within sixty calendar days may:
(a) Approve the form or method;
(b) Deny the application; or
(c) Advise in writing that the applicant failed to meet all application requirements.
(2) Upon determination by the division that an applicant failed to meet all requirements of paragraph (A) of this rule, the division will notify the applicant in writing of all deficiencies contained within the application.
(3) Within ten business days of receipt of written notification from the division, the applicant shall ensure that all deficiencies outlined are alleviated and submit any further documentation requested by the division.
(4) Should an applicant fail to cure all application deficiencies, the application shall be deemed abandoned.
(D) If a form or method has been previously considered and rejected by the division, or is determined by the division to be substantially similar to a rejected form or method of administration, the division may deny the petition without first considering the appropriateness, unless new scientific research supporting the request is included in the petition.
Last updated August 28, 2025 at 7:33 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-4-08 Limitations on Cannabis Products.
(A) No licensee shall manufacture, process, or distribute, or cause to be created, used, or distributed, any cannabis product that is any of the following:
(1) False or misleading;
(2) Obscene or indecent;
(3) Attractive to children;
(4) Resembles any of the following:
(a) A cartoon character, fictional character, or pop culture icon whose target audience is children or youth;
(b) A product available for consumption as a commercially available candy; or
(c) A realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon renderings.
(5) Encourages the consumption of cannabis in a manner that leads to excessive use, intoxication, overconsumption, or in combination or conjunction with other intoxicants, illegal substances, or in a method not otherwise authorized by this chapter;
(6) Departs from the registered product name as submitted pursuant to rule 1301:18-4-09 of the Administrative Code, including, slang terms, and similar references;
(7) Contains a health-related statement;
(8) Suggests, or otherwise indicates, that the product has been approved or endorsed by the division of cannabis control, the state of Ohio or any person or entity associated with the state of Ohio, or any other person without their consent;
(9) Violates state of Ohio or federal trademark or copyright law; or
(10) Otherwise violates any provision of Chapters 3780. and 3796. of the Revised Code or the rules promulgated pursuant to Chapters 3780. and 3796. of the Revised Code.
(B) Products intended for smoking, combustion, or vaporization cannot contain characterizing flavors, except those intended to mimic the cannabis strain.
Last updated December 29, 2025 at 8:00 AM
History
- Effective: December 26, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-4-09
(A) Each cultivator and processor shall not package, produce, transfer, distribute, or sell cannabis plant material or a cannabis product variation without prior written approval from the division of cannabis control.
(B) Each cannabis product variation shall be registered and designated by a unique identifying number to the product variation by the division.
(C) Prior to packaging, producing, transferring, distributing, or selling a cannabis product, each licensee shall apply in a manner prescribed by the division.
(D) Pursuant this rule, the division may:
(1) Pursuant to rule 1301:18-9-01 of the Administrative Code, conduct an inspection at the licensed premises and investigate any proposed product or associated procedure or equipment;
(2) Require testing or process verification pertaining to the new product;
(3) Approve the product registration;
(4) Deny the product registration; or
(5) Advise the licensee in writing that it failed to meet all mandates as established by the division.
(E) Upon receipt of written approval, the licensee may proceed with cultivating, manufacturing, and distributing the proposed product variation.
Last updated August 28, 2025 at 7:33 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-9-01
(A) The Ohio division of cannabis control may, at any time, with or without notice, conduct an inspection to ensure compliance with all representations made to the division, state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(B) Notwithstanding the requirements of division 1301:18 of the Administrative Code, nothing shall prohibit the Ohio division of cannabis control, the division's designee, law enforcement, or other federal, state, or local government officials from entering any area of a cannabis entity's licensed premises if necessary to perform their governmental duties.
(C) The submission of an application that results in the issuance of a provisional license or certificate of operation irrevocably gives the Ohio division of cannabis control consent to conduct all inspections necessary to ensure compliance with state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(1) The Ohio division of cannabis control may conduct the inspection independently, or may work with third parties, other divisions, state agencies, or local authorities, including the Ohio division of agriculture, the division of industrial compliance, and the division of state fire marshal, to ensure compliance with, state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(2) An inspection of a licensee may include, without limitation, investigation of standards for safety from fire on behalf of the division by the local fire protection agency.
If a local fire protection agency is not available, the division of state fire marshal may conduct the inspection after the licensee pays the appropriate fee to the division of state fire marshal for such inspection.
(D) Pursuant to an inspection, the division may do any of the following:
(1) Access and inspect:
(a) The entirety of the licensed premises, including any off-site facilities;
(b) Any area within the licensed premises;
(c) Any secure, limited access area or other locked area of the licensed premises;
(d) Facility motor vehicles;
(e) All inventory; and
(f) All equipment, instruments, tools, containers, materials, machinery, or any other resource utilized at the licensed premises;
(2) Obtain samples for testing of any cannabis maintained at the licensed premises, media used to grow cannabis, chemicals and ingredients used in any cultivation, manufacturing, and extracting process, any labels or containers for cannabis, or any raw packaged cannabis.
(3) Question and interview registered responsible parties, owners, officers, board members, and all other employees or agents of the licensee;
(4) Review any and all policies and procedures; and
(5) Make and obtain copies of any and all records pursuant to rule 1301:18-3-17 of the Administrative Code.
(E) Prior to the issuance or renewal of a certificate of operation or change of location each licensee must pass a pre-approval inspection to ensure the licensed premises comply with all of the following:
(1) All representations made to the division;
(2) All specifications outlined in written policies and procedures as required by this chapter;
(3) All requirements outlined under Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(4) The pre-approval inspection will occur at a mutually agreeable time.
(5) Upon the completion of the pre-approval inspection, the division may issue either of the following:
(a) A certificate of operation in accordance with this division; or
(b) A written statement listing the deficiencies identified during the inspection that must be remedied before a certificate of operation will be issued by the division.
(F) Following an inspection conducted pursuant to this rule, the division will issue an inspection report that documents the following:
(1) The observations and findings of the inspections;
(2) The outcome of the inspection;
(3) Any suggestions for the licensee to take into consideration; and
(4) If applicable, a written statement listing the deficiencies identified during the inspection pursuant to paragraphs (E)(5)(b) and (G) of this rule.
(G) Deficiencies
(1) Upon receipt of a statement of deficiencies, unless otherwise authorized by the division, the licensee shall develop a plan of correction for each deficiency and submit the plan in writing to the division for review and approval within ten business days of receipt of the statement of deficiencies.
(a) The plan of correction must include specific requirements for corrective action that will be performed within thirty calendar days after the division's approval of the plan of correction
(b) If the plan of correction submitted is not acceptable to the division, the division may either direct the licensee to resubmit a plan of correction or the division may develop a directed plan of correction with which the licensee must comply.
(2) Upon approval of the written plan of correction, the licensee shall sign the plan of correction, binding the licensee to the terms under which the licensee may be issued a certificate of operation.
(a) If the licensee and the division are unable to come to terms on the written plan of correction, the division may take action in accordance with Chapter 1301:18-9 of the Administrative Code.
(3) The division will re-inspect a licensee upon the completion of the written plan of correction.
(a) If the corrective measures meet the division's satisfaction, the division will issue a certificate of operation.
(b) If the corrective measures do not meet the requirements of the written plan of correction, the division may take action in accordance with Chapter 1301:18-9 of the Administrative Code.
(H) If an inspector finds evidence of operational failures or conditions that create a likelihood of diversion, contamination, risk to public health, or a violation of any representation made to the division, state and local law, Chapters 3780 and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780 and 3796. of the Revised Code, the division may take any action authorized under Chapter 1301:18-9 of the Administrative Code.
(I) To prevent destruction of evidence, diversion, or other threats to public safety, the division may order an administrative hold of cannabis or cannabis products or any records of any licensee. The division may assess the costs of an investigation, including travel and the time of any and all division employees, to a licensee.
Last updated December 20, 2024 at 7:45 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-4-12 Transfer Manifests for Test Samples.
Prior to a test sample collector transporting a test sample to a testing laboratory, the originating licensee shall prepare a transfer manifest utilizing the state inventory tracking system. Each transfer manifest shall include the following for each transfer:
(A) The names and facility addresses of the originating licensee and recipient testing laboratory;
(B) The time of departure and estimated time of arrival;
(C) Within each transfer the following information for each individual package:
(1) A description of each individual test sample that is part of the transport;
(2) The total number of individual test samples;
(3) The unique identifying number generated within the state inventory tracking system associated with the test sample;
(4) The units of measure as reported within the state inventory tracking system as follows:
(a) The net weight of the cannabis contained within the test sample; or
(b) The quantity of units contained within the test sample.
(5) The unique identifying number generated within the state inventory tracking system associated with the transfer manifest;
(6) The names of the registered employees transporting the cannabis and their respective badge certificate number as provided by rule 1301:18-3-09 of the Administrative Code;
(7) The license plate number and vehicle type that will transport the shipment; and
(8) The specific delivery route, which includes street names and distances.
(D) Prior to the delivery, each licensee is to provide a copy of the transfer manifest to the test sample collector and the division of cannabis control, via the state inventory tracking system.
Last updated October 9, 2025 at 8:11 AM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-09
(A) Employee badge required
(1) Each licensee shall ensure all of the following associated individuals obtain an employee badge from the division of cannabis control prior to commencement of business:
(a) Any administrator or individual responsible for the daily operation of the facility;
(b) All owners, officers, and board members, of the licensee; and
(c) All employees and agents of the licensee.
(2) Each licensee shall ensure all associated individuals outlined under paragraph (A)(1) of this rule are appropriately designated as follows:
(a) Responsible party:
(i) Prior to the issuance or renewal of a certificate of operation, each licensee shall designate at least one, but not more than three individuals to serve as the licensee's responsible party.
(ii) The designated responsible party will manage the facility's daily operations and ensure compliance with all standard operating procedures.
(iii) A responsible party is to be physically present at the licensed premises at least twenty hours per week and be immediately available to communicate with facility staff or the division during any operating hours when they are not physically present.
(b) Owner or officer:
Any and all owners, officers, and board members of the licensee.
(c) Employee:
All other employees and agents of the licensee.
(B) Prior to petitioning the division for an employee badge, each licensee shall:
(1) Complete a thorough background evaluation to confirm the applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code; and
(2) Submit a receipt or transaction number confirming that the applicant submitted the following to the Ohio bureau of criminal identification as required by sections 3780.08 and 3796.12 of the Revised Code:
(a) A complete and accurate application for:
(i) An Ohio bureau of criminal identification records check; and
(ii) A federal bureau of criminal identification records check.
(b) Two fingerprint impressions; and
(c) Clearly indicated that both records checks be sent directly to the division.
(C) Application for employee badge
Pursuant to the application process, each licensee shall submit the following to the division on behalf of the applicant:
(1) A complete and accurate application on a form prescribed by the division evidencing the following applicant information:
(a) Full legal name;
(b) The applicant's intended employee designation, as outlined under paragraph (A)(2) of this rule;
(c) Telephone number that may be utilized during normal business hours;
(d) Electronic mail address; and
(e) Mailing address.
(f) All information provided must be in working order and readily available to receive voice messages, electronic messages, or other communication as applicable.
(2) The applicant submitted fingerprint impressions to the Ohio bureau of criminal identification for an Ohio and federal bureau of criminal identification records checks;
(3) The applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code;
(4) A copy of the applicant's valid, unexpired government issued photographic identification evidencing that the applicant is at least twenty-one years of age;
(5) A clear, recognizable photographic headshot of the applicant, captured within the past six months of the date of submission;
(6) The business name and license number for any associated cultivator, processor, testing laboratory, or dispensary at which the applicant seeks employment;
(7) Individuals who have been a resident of the state of Ohio continuously for the past five years may apply for expedited renewal if the applicant consents for enrollment in the Ohio attorney general's retained applicant fingerprint database ("Rapback"), or other third-party database as determined by the division, that monitors publicly available databases for arrests and criminal convictions; and
(8) The non-refundable application fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(D) Provisional employee badge
(1) Upon receipt of a complete application, the division will issue the applicant a provisional employee badge.
(a) Each licensee shall print the applicant's provisional employee badge and ensure the applicant maintains the card on their person while conducting any business within the scope of their employment.
(b) The applicant may then immediately commence business at the associated licensee.
(c) Unless otherwise authorized by this rule, an applicant's provisional employee badge expires ninety calendar days after the date of issuance.
(2) A licensee may petition the division to extend an applicant's provisional employee badge for an additional ninety calendar days all of the following are met:
(a) The licensee submitted the extension request within ten business days of the provisional employee badge expiration;
(b) The licensee and applicant fulfilled all application requirements outlined under this rule; and
(c) Evidence that the licensee would suffer immediate irreparable harm should the extension be denied.
(E) Division review of application.
(1) During the pendency of the provisional employee badge, the division will review the employee badge application and accompanying Ohio and federal criminal identification records checks.
(2) After review of the application, the division may:
(a) Approve the application and issue a badge certificate;
(b) Deny the application; or
(c) Advise the licensee in writing that the applicant failed to meet all application requirements.
(3) Each licensee shall print the applicant's employee badge certificate and ensure the individual maintains the card on their person while engaged in any activity within the scope of their employment.
Each licensee shall ensure all employee badge certificates prevent unauthorized duplication of the badge.
(4) An employee badge certificate shall expire two years after the date of issuance.
(F) Deficiencies in applications.
(1) Upon determination by the division that a licensed entity failed to meet all requirements of paragraph (C) of this rule, the division will notify the associated licensed entity in writing of all deficiencies contained within the application.
(2) Within ten business days of receipt of written notification from the division, the licensee shall ensure that all deficiencies outlined are alleviated and submit any further documentation requested by the division.
(3) Should a licensee fail to cure all application deficiencies, the application shall be deemed abandoned.
(G) Failure to comply with application requirements.
Should a licensee fail to ensure all requirements of this rule are met, the division shall abandon the application and the licensee shall forfeit any non-refundable fee submitted to the division.
(H) Denial of application required.
The division shall deny an application for an employee badge pursuant to any of the following:
(1) The applicant was convicted of a disqualifying offense; or
(2) The applicant is not at least twenty-one years of age or older.
(I) Notification requirements.
(1) Each licensee shall notify the division of any of the following:
(a) Any employee badge that is lost, destroyed, stolen is to be immediately reported.
(b) Any modifications or changes to any information contained within their employee badge application within five business days of such change;
(c) A change of a designated responsible party within ten calendar days of the effective date of the appointment of a new designated responsible party.
(2) An individual registered pursuant to this rule arrested for activities that, if convicted, would constitute a disqualifying offense as defined by rule 1301:18-1-01 shall immediately notify the division.
If the associated licensed entity has knowledge of such arrest, it shall notify the division.
(3) In the event an individual is no longer employed or associated with a licensee, the licensee shall update all accompanying information provided to the division, within one business day and ensure that the employee badge certificate is returned and destroyed upon separation.
(J) Employee badge renewal.
(1) Pursuant to the renewal process, the licensed entity shall submit the following to the division on behalf of the applicant prior to the badge's expiration:
(a) A complete and accurate renewal application in a manner prescribed by the division; and
(b) The non-refundable renewal fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(K) An individual whose employee badge was revoked, and any individual whose actions directly caused a license entity's license revocation, is precluded from applying for an employee identification for at least five years from the date of revocation or final judicial decision upon of an order of revocation.
Last updated December 20, 2024 at 7:41 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-4-16 Certificates of Analysis.
(A) Each licensee shall ensure all test samples submitted to state-required testing are documented in the state inventory tracking system and the associated unique certificate of analysis for each batch or lot tested is uploaded into the state inventory tracking system. Each certificate of analysis shall include the following information, at a minimum:
(1) The name and license number of the testing laboratory;
(2) The name and license number of the originating licensee;
(3) The name of the cannabis strain or cannabis product;
(4) A unique batch or lot number that matches the cannabis sample;
(5) The date or dates on which each test was performed;
(6) A grid or table outlining all required tests performed, and indicating "pass" or "fail" for each, as prescribed by the division;
(7) The cannabinoid potency of the sample;
(8) The signature of the laboratory manager or scientific director certifying the analysis; and
(9) A photograph of the test sample as received, captured at the time of receipt at the testing laboratory.
(B) The certificate of analysis may contain the following:
(1) Results of quantitative analysis of additional cannabinoids for which the laboratory is able to obtain a commercially available certified reference standard for comparison; and
(2) Results of quantitative analysis of terpenes for which the laboratory is able to obtain a commercially available certified reference standard for comparison.
Last updated November 3, 2025 at 7:33 AM
History
- Effective: November 3, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-4-18 Research by Testing Laboratory Licensed by Chapter 4729:5-16 of the Administrative Code.
(A) Prior to any sale, transfer, or distribution of cannabis pursuant to this rule, a cultivator or processor may request in a manner prescribed by the division of cannabis control to sell cannabis to a laboratory licensed under Chapter 4729:5-16 of the Administrative Code, to possess dangerous drugs and controlled substances solely for scientific, clinical, research, or development purposes.
(B) Upon receipt of a request the division may:
(1) Approve the request;
(2) Approve the request, subject to certain mandates or limitations;
(3) Advise the licensee in writing that further information is needed;
(4) Deny the request.
(C) Upon receipt of written approval by the division, a licensee may proceed and sell cannabis pursuant to this rule.
(D) A licensee seeking to sell cannabis pursuant to this rule is to apply to the division for each sale of cannabis.
(E) Any and all associated cannabis tested pursuant to this rule must be solely intended for scientific or clinical research or development.
A licensee shall not utilize this rule to:
(1) Submit any test sample to a testing laboratory prior to any state-required testing.
(2) In place or a substitution of, any state-required testing as outlined under division 1301:18 of the Administrative Code.
(3) Attempt to circumvent any standards or mandates established by the division pertaining to state-required testing, including any procedures, requirements, directives.
(F) Unless and until a licensee receives written approval from the division, a licensee shall not transfer, sell, or distribute cannabis pursuant to this rule.
(G) Pursuant to rule 1301:18-3-14 of the Administrative Code, any cannabis transferred, sold, or distributed pursuant to this rule must be recorded in the state inventory tracking system.
Last updated October 9, 2025 at 8:11 AM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-14
(A) Each licensee shall maintain all books, records, policies, procedures, and documentation evidencing the daily operations and business transactions conducted at the licensed premises.
(1) Unless otherwise approved by the division of cannabis control, all records must be maintained upon the licensed premises.
(2) All records shall be maintained in an auditable format and immediately available for inspection and duplication upon the division of cannabis control's request.
(3) A licensee may use an electronic system for storage and retrieval of records so long as the system meets the following:
(a) Guarantees the confidentiality of the information stored in the system;
(b) Is capable of providing safeguards against erasures and unauthorized changes; in data after the information has been entered and verified by the licensee;
(c) Can implement an administrative hold for investigative or inspection purposes; and
(d) Is capable of being reconstructed in the event of a computer malfunction or accident resulting in the destruction of the data bank.
(4) Any loss of electronically maintained records shall not mitigate any violations of this rule.
(B) Documentation maintained within the normal course of business and as required by paragraph (A) of this rule shall be retained for the current calendar year, and the preceding calendar year, and include the following:
(1) Any and all written policies and procedures utilized at the licensed premises including those mandated by division 1301:18 of the Administrative Code, including:
(a) Standard operating procedures;
(b) Cleaning and sanitization procedures of the licensed premises;
(c) In accordance with rule 1301:18-3-12 of the Administrative Code, waste disposal records;
(d) Inventory records;
(e) Security and surveillance records;
(f) Production records;
(g) Packaging and labeling records;
(h) Records of all test samples sent to a licensed testing laboratory and the associated certificate of analysis for each batch or lot;
(i) In accordance with rule 1301:18-3-13 of the Administrative Code, transportation records;
(j) In accordance with rule 1301:18-9-04 of the Administrative Code, product alerts and recall procedures; and
(k) In accordance with rule 1301:18-3-11 of the Administrative Code, visitor logs.
(2) If applicable:
(a) Dispensing records, as required by Chapter 1301:18-8 of the Administrative Code;
(b) Records of any theft, loss, or other unaccountability of any cannabis as required by rule 1301:18-9-02 of the Administrative Code;
(c) All complaints received pertaining to the quality or efficacy of the licensee's cannabis cultivated, processed, tested, or dispensed at the licensed premises; and
(d) All complaints received alleging the cannabis cultivated, processed, tested, or dispensed at the licensed premises, directly caused a negative health or adverse event resulting in serious bodily harm to the complainant, as required by rule 1301:18-9-02 of the Administrative Code.
(3) Business records, including:
(a) Licensee's ownership list and capitalization table;
(b) An organizational chart identifying all owners, officers, and board members of the licensee;
(c) For each owner, officer, and board member:
(i) Full legal name;
(ii) Mailing address;
(iii) Date of birth, evidencing the individual is at least twenty-one years of age or older; and
(iv) The individual's role with the licensee.
(d) A list of any person with a direct or indirect financial interest in, the licensee;
(e) A list of any person with direct or indirect control over, the licensee.
This applies to any current or future right to control;
(f) A list of any of the following regardless of whether they meet the definition of ownership, financial interest, or control:
(i) Option agreement, debt conversion, or other agreement which creates a current or future right in equity in the licensee, regardless of whether such modification is contingent upon certain acts or omissions;
(ii) A copy of any executed merger, sale, option to purchase, letter of intent, consulting, management, support, administrative services, or other similar agreements between applicant and any other person or that person's affiliates; and
(iii) Any other documentation evidencing the ownership structure, financial interest, or control of the licensee.
(4) All financial records reasonably related to operations, including but not limited to:
(a) Records that clearly reflect all financial transactions and the financial condition of the business, including contracts for services performed or received that relate to the licensee;
(b) Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale, and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;
(c) Accounting and tax records related to the licensee and all investors in the licensee;
(d) Bank statements;
(e) Cancelled checks; and
(f) Third-party vendor contracts.
(5) All advertising records related to advertising, promotional, or other marketing materials;
(6) Employee records, including:
(a) Employee hiring records, including the applicable background evaluation conducted by the licensee pursuant to paragraph (B)(1) of rule 1301:18-3-09 of the Administrative Code;
(b) An employee list of all current and former employees, outlining the following information:
(i) Full legal name, address, phone number, and electronic mail address;
(ii) Badge certificate number pursuant to rule 1301:18-3-09 of the Administrative Code;
(iii) Access designation credentials;
(iv) Date of hire; and
(v) If applicable:
(a) Date and rationale for separation; and
(b) History of disciplinary actions.
(c) Salary and wages paid to each employee, and any executive compensation, bonus, benefit, or item of value paid to any individual affiliated with any cannabis entity, including members of a non-profit corporation, if any; and
(d) Training and educational records, pursuant to rule 1301:18-3-10 of the Administrative Code.
Last updated October 15, 2025 at 1:03 PM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-4-22 Advertising.
The state of Ohio has a compelling state interest to ensure that any advertisement, or marketing campaign related to cannabis, does not encourage or promote excessive use, intoxication, overconsumption, or use of cannabis in a manner not authorized by this chapter and Chapter 3780. of the Revised Code, and is not attractive to children.
(A) No licensee shall create, use, or disseminate, or cause to be created, used, or disseminated, an advertisement that is any of the following:
(1) False or misleading;
(2) Obscene or indecent;
(3) Attractive to children;
(4) Includes any image or text referencing or resembling a cartoon character, fictional character, or pop culture icon whose target audience is children or youth;
(5) Encourages the consumption of cannabis in a manner that leads to excessive use, intoxication, overconsumption, or in combination or conjunction with other intoxicants, illegal substances, or in a method not otherwise authorized by division 1301:18 of the Administrative Code;
(6) Contains a depiction of cannabis consumption or administration;
(7) A departure from the cannabis registered name, including, slang terms, and similar references;
(8) Disparaging to a competitor's products;
(9) Contains a health-related statement;
(10) Suggests, or otherwise indicates, that the advertisement has been approved or endorsed by the division of cannabis control, the state of Ohio or any person or entity associated with the state of Ohio, or any other person without their consent;
(11) Violates state of Ohio or federal trademark or copyright law; or
(12) Otherwise violates any provision of Chapters 3780. and 3796. of the Revised Code or the rules promulgated pursuant to Chapters 3780. and 3796. of the Revised Code.
(B) No licensee shall place or maintain, or cause to be placed or maintained, an advertisement for cannabis, whether medical or adult-use, cannabis products, or cannabis-related paraphernalia, in any form or through any of the following medium:
(1) On a medium with a high likelihood of reaching persons under the age of eighteen;
(2) Within five hundred feet of the end boundaries of a parcel of real estate having situated on it a prohibited facility, a community addiction services provider as defined under section 5119.01 of the Revised Code, a game arcade admission to which is not restricted to persons aged twenty-one years or older, or any other location where the placement of the advertisement targets or is attractive to children, as determined by the division of cannabis control;
(3) On a billboard;
(4) On a radio or television broadcast or internet programming;
(5) Left upon any private property without the consent of the property owner;
(6) On or in a public transit vehicle or public transit shelter;
(7) On or in a stadium or arena;
(8) On or in a publicly owned or operated property; or
(9) At any scheduled event, which includes conferences, trade shows, or similar events, which a licensee plans to attend, participate, or sponsor, whether it be educational or otherwise, unless the licensee provides written notification to the division of its intent to attend at least ten business days prior to the event.
(C) No licensee shall market, distribute, offer, sell, license, or cause to be marketed, distributed, offered, sold, or licensed any merchandise related to any entity licensed under this chapter, cannabis, or cannabis paraphernalia, to an individual under twenty-one years of age.
(D) A licensee may develop a website or otherwise establish a web presence advertising the name, business address, contact information, and services provided by the licensee which prominently and conspicuously displays the division of cannabis control seal and requires age affirmation of at least eighteen years of age by registered patients and at least twenty-one years of age by adult-use consumers, before gaining access to licensee's website.
A licensee operating a website shall not do any of the following:
(1) Provide a medium for website users to transmit website content to individuals under the age of eighteen to registered patients or under the age of twenty-one for consumers; and
(2) Display or otherwise post content that violates Chapter 3780. or 3796. of the Revised Code. or rules in this division.
(E) For the purposes of identifying the location of a licensee, a licensee may utilize a sign that is located within the external boundaries of the parcel of real estate or may utilize a monument sign or other trade fixture associated with the leased or owned premises.
(F) A licensee may photograph, record, or create other media depicting the licensed premises so long as the licensee ensures:
(1) The confidentiality of all patients, caregivers, and adult-use consumers;
(2) No media compromises the safety and security of the licensed premises; and
(3) Unless authorized by the division, the media will not depict any secure, limited access area.
(G) No licensee shall license, encourage, or otherwise authorize any affiliated or third party to use or advertise in a manner prohibited by division 1301:18 of the Administrative Code.
(H) Each licensee is to ensure all advertising contains the following as prescribed by the division:
(1) Unless otherwise provided in paragraph (I) of this rule, the universal THC symbol, outlined in a contrasting color than the surface or background upon which it is placed to ensure it is clearly visible; and
(2) Unless otherwise provided in paragraph (J) of this rule, the division of cannabis control seal.
(3) If an advertisement depicts any cannabis packaging or labeling, it must depict the THC and division seal accurately, and in the precise location displayed on the respective packaging and labeling presented in the advertisement.
(I) The THC symbol is not required to be depicted unless the advertisement is on, or is a depiction of, a container, package, device or other medium which is capable of storing cannabis.
(J) The division of cannabis control seal is not required to be placed on wearable merchandise.
(K) Should the division determine that a licensee's advertisement violates any of the regulations outlined under this chapter, the division may:
(1) Require a specific disclosure be made in the advertisement in a clear and conspicuous manner if the advertisement would be false or misleading without such a disclosure;
(2) Make recommendations with respect to changes that are necessary to protect the public health, safety, and welfare;
(3) Prohibit the use of the advertisement; or
(4) Investigate and proceed with any action as permitted by Chapter 1301:18-9 of the Administrative Code.
Last updated August 24, 2026 at 2:20 PM
History
- Effective: January 15, 2026
- Promulgated Under: 119.03
Chapter 1301:18-5 Cultivator Certification and Requirements
Ohio Adm.Code 1301:18-5-01 Cultivator Certificate of Operation.
(A) Unless otherwise authorized by the division of cannabis control, each cultivator shall not engage in any activity authorized under these rules until the division issues the cultivator a certificate of operation.
(B) The division shall not issue a provisional cultivator a certificate of operation unless and until the cultivator meets all requirements outlined under division 1301:18 of the Administrative Code.
(C) Each cultivator shall have twelve months from the date the cultivator is issued a provisional license pursuant to these rules to obtain a certificate of operation.
(D) Upon receipt of its certificate of operation, a cultivator may engage in the following activities:
(1) Cultivate cannabis;
(2) Distribute, transfer, and sell cannabis to a cultivator, processor, or dispensary licensed pursuant to division 1301:18 of the Administrative Code; and
(3) Transfer cannabis for research and development or state-required testing to a laboratory licensed pursuant to division 1301:18 of the Administrative Code.
(E) A certificate of operation shall be issued to, and valid only for, the designated business entity, owners, and licensed premises specified within the cultivator's initial application for licensure pursuant to rule 1301:18-2-02 of the Administrative Code.
Last updated December 20, 2024 at 7:42 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-02
(A) The following applicants are authorized to file an application for licensure with the division:
(1) Cultivators, processors, testing laboratories, and dispensaries currently licensed as a chapter 3796 medical marijuana facility seeking license conversion to a dual-use license as defined by rule 1301:18-1-01 of the Administrative Code.
(2) Entities eligible for a 10(B) dispensary license as established by rule 1301:18-2-06 of the Administrative Code.
(B) All application materials for the applicants authorized to apply in accordance with paragraph (A) of this rule will be published no later than June 7, 2024.
Last updated June 7, 2024 at 7:42 AM
History
- Effective: June 7, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-5-02 Cultivator Uninterrupted Supply of Cannabis.
(A) Each cultivator shall conduct its daily business and cultivation activities in a manner that ensures a consistent supply of cannabis plant material is available for sale to customers.
Evidence of a cultivator's consistent supply pursuant to this rule is shown by not more than one hundred twenty calendar days elapsing between both of the following:
(1) Harvests totaling at least fifteen pounds of cannabis plant material; and
(2) Sale or transfer totaling at least twenty pounds of cannabis plant material for level I cultivators and ten pounds of cannabis plant material for level II cultivators.
(B) A cultivator may petition the division of cannabis control to toll computation of the timeframes provided in paragraph (A) of this rule. Such a petition shall be in writing and provide:
(1) An explanation of the facts and circumstances that prevent the cultivator's compliance with paragraph (A) of this rule; and
(2) A written plan, outlined in specific detail with the cultivator's intended actions and projected timeline, to ensure the cultivator complies with this rule.
(3) Upon receipt of a petition under this paragraph, the division may stay the requirement of paragraph (A) of this rule for the cultivator. A division order staying the requirement of paragraph (A) of this rule will state the date upon which the stay is lifted.
Last updated December 20, 2024 at 7:42 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-5-03 Cultivator Operating Procedures and Quality Assurance.
(A) Each cultivator shall establish, maintain, and comply with written policies and procedures for the daily operation and cultivation of cannabis. The cultivator's standard operating policies and procedures shall ensure the safe cultivation and distribution of cannabis and compliance with all mandates under division 1301:18 of the Administrative Code.
(B) Major modifications
(1) Any proposed major renovation or modification of the licensed premises shall be submitted to the division prior to implementation.
(2) The division of cannabis control will review the proposed modification and may do any of the following:
(a) Approve the submission;
(b) Deny the submission; or
(c) Mandate updates to the submission to ensure compliance with rules in this division.
(3) The division may inspect the licensed premises pursuant to any proposed major renovation or modification.
(4) A cultivator shall not proceed with any major modification unless and until the division provides the cultivator written approval to do so.
(C) Each cultivator shall ensure the licensed premises:
(1) Conforms with all relevant local ordinances, zoning and planning requirements, and fire codes;
(2) Prominently displays its certificate of operation and license seal issued by the division;
(3) Contains sufficient lighting to ensure visibility, security, and proper surveillance;
(4) Maintains proper cleanliness, ventilation, temperature control, and sanitation of the facility to ensure safe and consistent inventory;
(5) Conducts routine calibration of all scales, balances, or other weight or mass measuring devices using "National Institute of Standards and Technology" (NIST)-traceable reference weights, at least annually, by an independent third party approved by the division.
(6) Pursuant to rule 1301:18-3-14 of the Administrative Code, documents the following utilized at the licensed premises:
(a) Cultivation methods and standards;
(b) Cannabis strains with respective cannabinoid profiles cultivated at the facility; and
(c) If applicable, cannabis technology solutions, including remediation by irradiation, gas treatment such as ozone, radio frequency, and UV light.
(D) Designated areas within the facility.
(1) Each cultivator shall designate areas within the facility that are compartmentalized based upon function and restrict movement between the different production areas by personnel based on access credentials assigned by the facility.
(2) Each cultivator shall maintain the following designated, secure limited access areas accessible only by authorized registered employees:
(a) A cannabis cultivation area;
(b) A storage area for all cannabis;
(c) A security area for all security and surveillance systems and equipment;
(d) A preparation and packaging area for all cannabis intended for distribution;
(e) A cannabis destruction and disposal area that complies with rule 1301:18-3-12 of the Administrative Code; and
(f) An area for receipt of all deliveries to the facility.
(E) Employees
(1) Prior to commencing employment, each cultivator shall ensure all employees are registered with the division pursuant to rule 1301:18-3-09 of the Administrative Code and receive adequate education and training on standard operating procedures and as mandated by rule 1301:18-3-10 of the Administrative Code.
(2) All registered employees are to display their employee badge at all times during working hours.
(3) A registered responsible party as outlined by rule 1301:18-3-09 of the Administrative Code is to be present at the licensed premises at least twenty hours per week.
(F) Requirements for fertilizers and pesticides, herbicides, and other similar chemicals.
(1) Each cultivator shall ensure all fertilizers, pesticides, herbicides, and other similar chemicals are:
(a) Properly stored and in a manner that protects against contamination; and
(b) Disposed of in compliance with all state and federal laws and regulations and complies with all directions outlined on the product label.
(2) Any person applying the above-referenced chemicals or materials is to adhere to all use requirements outlined on the product label and utilize all applicable personal protective equipment.
(3) Pursuant to rule 1301:18-3-14 of the Administrative Code, each cultivator shall document all fertilizers and pesticides, herbicides, and other similar chemical applications utilized during the cultivation process and include the following information for each application:
(a) Date and time of application;
(b) Stage of cultivation process;
(c) Date when the plants in the application area were moved to the flowering stage, if applicable;
(d) United States environmental protection agency registration number, if applicable;
(e) Analysis of the fertilizer, pesticide, herbicide, or other similar chemical applied;
(f) Application site, which shall be identified by the location legend maintained by the cultivator;
(g) Name of the product being applied;
(h) Amount applied;
(i) Unique plant identifier or other information that identifies which plants received the application;
(j) Size of the application area;
(k) Name of individual making the application; and
(l) Comments or special conditions related to the application.
(m) Each cultivator shall maintain these records in a manner so they are readily available upon request of a dispensary or customer.
(4) Fertilizers: in addition to the other mandates outlined under this paragraph, any specialty fertilizer, as defined in division (Q) of section 905.31 of the Revised Code, is to be registered with the Ohio division of agriculture pursuant to section 905.33 of the Revised Code.
(5) Pesticides, herbicides, growth regulators, and other similar chemicals:
(a) The division may maintain a list of pesticides, herbicides, growth regulators, and other similar chemicals that are approved for use during the cultivation process.
(b) Unless otherwise authorized by the division list pursuant to paragraph (F)(5)(a) of this rule, foliar application of approved pesticides, herbicides, growth regulators, or other similar chemicals shall not occur after the twenty-first day following the date that a plant is moved into the flowering stage of growth.
(c) Unless otherwise permitted on the division's list pursuant to paragraph (F)(5)(a) of this rule, a cultivator shall not utilize any pesticides, herbicides, growth regulators, or other similar chemicals during the cultivation process without prior approval by the division.
(i) A cultivator seeking to utilize a new pesticide not on the list maintained by the division must submit the request in a manner prescribed by the division. The new pesticide or other similar chemical must be registered with the Ohio division of agriculture and be one of the following:
(a) Registered with the United States environmental protection agency under section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 - 136y (2012); or
(b) Exempt from registration under 40 C.F.R. 152.25(f) (2015) and the active inert ingredients of the pesticide product are authorized for use on crops or plants intended for human consumption by the United States environmental protection agency.
Last updated September 16, 2025 at 9:37 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-14
(A) Each licensee shall maintain all books, records, policies, procedures, and documentation evidencing the daily operations and business transactions conducted at the licensed premises.
(1) Unless otherwise approved by the division of cannabis control, all records must be maintained upon the licensed premises.
(2) All records shall be maintained in an auditable format and immediately available for inspection and duplication upon the division of cannabis control's request.
(3) A licensee may use an electronic system for storage and retrieval of records so long as the system meets the following:
(a) Guarantees the confidentiality of the information stored in the system;
(b) Is capable of providing safeguards against erasures and unauthorized changes; in data after the information has been entered and verified by the licensee;
(c) Can implement an administrative hold for investigative or inspection purposes; and
(d) Is capable of being reconstructed in the event of a computer malfunction or accident resulting in the destruction of the data bank.
(4) Any loss of electronically maintained records shall not mitigate any violations of this rule.
(B) Documentation maintained within the normal course of business and as required by paragraph (A) of this rule shall be retained for the current calendar year, and the preceding calendar year, and include the following:
(1) Any and all written policies and procedures utilized at the licensed premises including those mandated by division 1301:18 of the Administrative Code, including:
(a) Standard operating procedures;
(b) Cleaning and sanitization procedures of the licensed premises;
(c) In accordance with rule 1301:18-3-12 of the Administrative Code, waste disposal records;
(d) Inventory records;
(e) Security and surveillance records;
(f) Production records;
(g) Packaging and labeling records;
(h) Records of all test samples sent to a licensed testing laboratory and the associated certificate of analysis for each batch or lot;
(i) In accordance with rule 1301:18-3-13 of the Administrative Code, transportation records;
(j) In accordance with rule 1301:18-9-04 of the Administrative Code, product alerts and recall procedures; and
(k) In accordance with rule 1301:18-3-11 of the Administrative Code, visitor logs.
(2) If applicable:
(a) Dispensing records, as required by Chapter 1301:18-8 of the Administrative Code;
(b) Records of any theft, loss, or other unaccountability of any cannabis as required by rule 1301:18-9-02 of the Administrative Code;
(c) All complaints received pertaining to the quality or efficacy of the licensee's cannabis cultivated, processed, tested, or dispensed at the licensed premises; and
(d) All complaints received alleging the cannabis cultivated, processed, tested, or dispensed at the licensed premises, directly caused a negative health or adverse event resulting in serious bodily harm to the complainant, as required by rule 1301:18-9-02 of the Administrative Code.
(3) Business records, including:
(a) Licensee's ownership list and capitalization table;
(b) An organizational chart identifying all owners, officers, and board members of the licensee;
(c) For each owner, officer, and board member:
(i) Full legal name;
(ii) Mailing address;
(iii) Date of birth, evidencing the individual is at least twenty-one years of age or older; and
(iv) The individual's role with the licensee.
(d) A list of any person with a direct or indirect financial interest in, the licensee;
(e) A list of any person with direct or indirect control over, the licensee.
This applies to any current or future right to control;
(f) A list of any of the following regardless of whether they meet the definition of ownership, financial interest, or control:
(i) Option agreement, debt conversion, or other agreement which creates a current or future right in equity in the licensee, regardless of whether such modification is contingent upon certain acts or omissions;
(ii) A copy of any executed merger, sale, option to purchase, letter of intent, consulting, management, support, administrative services, or other similar agreements between applicant and any other person or that person's affiliates; and
(iii) Any other documentation evidencing the ownership structure, financial interest, or control of the licensee.
(4) All financial records reasonably related to operations, including but not limited to:
(a) Records that clearly reflect all financial transactions and the financial condition of the business, including contracts for services performed or received that relate to the licensee;
(b) Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale, and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;
(c) Accounting and tax records related to the licensee and all investors in the licensee;
(d) Bank statements;
(e) Cancelled checks; and
(f) Third-party vendor contracts.
(5) All advertising records related to advertising, promotional, or other marketing materials;
(6) Employee records, including:
(a) Employee hiring records, including the applicable background evaluation conducted by the licensee pursuant to paragraph (B)(1) of rule 1301:18-3-09 of the Administrative Code;
(b) An employee list of all current and former employees, outlining the following information:
(i) Full legal name, address, phone number, and electronic mail address;
(ii) Badge certificate number pursuant to rule 1301:18-3-09 of the Administrative Code;
(iii) Access designation credentials;
(iv) Date of hire; and
(v) If applicable:
(a) Date and rationale for separation; and
(b) History of disciplinary actions.
(c) Salary and wages paid to each employee, and any executive compensation, bonus, benefit, or item of value paid to any individual affiliated with any cannabis entity, including members of a non-profit corporation, if any; and
(d) Training and educational records, pursuant to rule 1301:18-3-10 of the Administrative Code.
Last updated October 15, 2025 at 1:03 PM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-12
(A) All licensees shall destroy and dispose of all excess, unwanted, outdated, deteriorated, adulterated, or misbranded cannabis under video surveillance and in a manner as to render the cannabis unusable and non-retrievable.
(B) All cannabis intended for destruction shall be weighed and recorded into the state inventory tracking system, separated from other viable inventory intended for distribution, and maintained in a secure location.
(C) Cannabis intended for disposal shall be weighed and recorded into the statewide inventory tracking system.
(D) Pursuant to paragraph (A) of this rule, cannabis shall be rendered unusable and non-retrievable by grinding and incorporating the waste with one or more of the following materials such that the resulting mixture is at least fifty-one per cent non-cannabis waste:
(1) Paper waste;
(2) Cardboard waste;
(3) Food waste;
(4) Yard or garden waste;
(5) Grease or other compostable oil waste;
(6) Bokashi, or other compost activators; or
(7) Any other waste as approved by the division.
(E) Licensed entities shall conduct all cannabis destruction and disposal in a secure, limited access area that is surveilled and accessible only to registered employees.
(F) In addition to paragraph (C) of this rule, all licensed entities shall maintain records of all cannabis destruction and disposal in accordance with rule 1301:18-3-16 of the Administrative Code and memorialize the following information for each occurrence:
(1) Manner of destruction;
(2) Rationale for destruction;
(3) Date and time of disposal;
(4) The volume or weight of the associated waste; and
(5) If applicable
(a) The registered strain or product name and form;
(b) The date of production or removal from production;
(c) Assigned state inventory tracking information.
(G) Licensed entities shall ensure that all other non-cannabis waste, including hazardous materials, is disposed of in a manner consistent with state and federal law. For purposes of this rule, non-cannabis waste includes the following:
Stalks, stems, fan leaves, or roots of the cannabis plant.
Last updated October 31, 2024 at 9:34 AM
History
- Effective: October 31, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-09
(A) Employee badge required
(1) Each licensee shall ensure all of the following associated individuals obtain an employee badge from the division of cannabis control prior to commencement of business:
(a) Any administrator or individual responsible for the daily operation of the facility;
(b) All owners, officers, and board members, of the licensee; and
(c) All employees and agents of the licensee.
(2) Each licensee shall ensure all associated individuals outlined under paragraph (A)(1) of this rule are appropriately designated as follows:
(a) Responsible party:
(i) Prior to the issuance or renewal of a certificate of operation, each licensee shall designate at least one, but not more than three individuals to serve as the licensee's responsible party.
(ii) The designated responsible party will manage the facility's daily operations and ensure compliance with all standard operating procedures.
(iii) A responsible party is to be physically present at the licensed premises at least twenty hours per week and be immediately available to communicate with facility staff or the division during any operating hours when they are not physically present.
(b) Owner or officer:
Any and all owners, officers, and board members of the licensee.
(c) Employee:
All other employees and agents of the licensee.
(B) Prior to petitioning the division for an employee badge, each licensee shall:
(1) Complete a thorough background evaluation to confirm the applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code; and
(2) Submit a receipt or transaction number confirming that the applicant submitted the following to the Ohio bureau of criminal identification as required by sections 3780.08 and 3796.12 of the Revised Code:
(a) A complete and accurate application for:
(i) An Ohio bureau of criminal identification records check; and
(ii) A federal bureau of criminal identification records check.
(b) Two fingerprint impressions; and
(c) Clearly indicated that both records checks be sent directly to the division.
(C) Application for employee badge
Pursuant to the application process, each licensee shall submit the following to the division on behalf of the applicant:
(1) A complete and accurate application on a form prescribed by the division evidencing the following applicant information:
(a) Full legal name;
(b) The applicant's intended employee designation, as outlined under paragraph (A)(2) of this rule;
(c) Telephone number that may be utilized during normal business hours;
(d) Electronic mail address; and
(e) Mailing address.
(f) All information provided must be in working order and readily available to receive voice messages, electronic messages, or other communication as applicable.
(2) The applicant submitted fingerprint impressions to the Ohio bureau of criminal identification for an Ohio and federal bureau of criminal identification records checks;
(3) The applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code;
(4) A copy of the applicant's valid, unexpired government issued photographic identification evidencing that the applicant is at least twenty-one years of age;
(5) A clear, recognizable photographic headshot of the applicant, captured within the past six months of the date of submission;
(6) The business name and license number for any associated cultivator, processor, testing laboratory, or dispensary at which the applicant seeks employment;
(7) Individuals who have been a resident of the state of Ohio continuously for the past five years may apply for expedited renewal if the applicant consents for enrollment in the Ohio attorney general's retained applicant fingerprint database ("Rapback"), or other third-party database as determined by the division, that monitors publicly available databases for arrests and criminal convictions; and
(8) The non-refundable application fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(D) Provisional employee badge
(1) Upon receipt of a complete application, the division will issue the applicant a provisional employee badge.
(a) Each licensee shall print the applicant's provisional employee badge and ensure the applicant maintains the card on their person while conducting any business within the scope of their employment.
(b) The applicant may then immediately commence business at the associated licensee.
(c) Unless otherwise authorized by this rule, an applicant's provisional employee badge expires ninety calendar days after the date of issuance.
(2) A licensee may petition the division to extend an applicant's provisional employee badge for an additional ninety calendar days all of the following are met:
(a) The licensee submitted the extension request within ten business days of the provisional employee badge expiration;
(b) The licensee and applicant fulfilled all application requirements outlined under this rule; and
(c) Evidence that the licensee would suffer immediate irreparable harm should the extension be denied.
(E) Division review of application.
(1) During the pendency of the provisional employee badge, the division will review the employee badge application and accompanying Ohio and federal criminal identification records checks.
(2) After review of the application, the division may:
(a) Approve the application and issue a badge certificate;
(b) Deny the application; or
(c) Advise the licensee in writing that the applicant failed to meet all application requirements.
(3) Each licensee shall print the applicant's employee badge certificate and ensure the individual maintains the card on their person while engaged in any activity within the scope of their employment.
Each licensee shall ensure all employee badge certificates prevent unauthorized duplication of the badge.
(4) An employee badge certificate shall expire two years after the date of issuance.
(F) Deficiencies in applications.
(1) Upon determination by the division that a licensed entity failed to meet all requirements of paragraph (C) of this rule, the division will notify the associated licensed entity in writing of all deficiencies contained within the application.
(2) Within ten business days of receipt of written notification from the division, the licensee shall ensure that all deficiencies outlined are alleviated and submit any further documentation requested by the division.
(3) Should a licensee fail to cure all application deficiencies, the application shall be deemed abandoned.
(G) Failure to comply with application requirements.
Should a licensee fail to ensure all requirements of this rule are met, the division shall abandon the application and the licensee shall forfeit any non-refundable fee submitted to the division.
(H) Denial of application required.
The division shall deny an application for an employee badge pursuant to any of the following:
(1) The applicant was convicted of a disqualifying offense; or
(2) The applicant is not at least twenty-one years of age or older.
(I) Notification requirements.
(1) Each licensee shall notify the division of any of the following:
(a) Any employee badge that is lost, destroyed, stolen is to be immediately reported.
(b) Any modifications or changes to any information contained within their employee badge application within five business days of such change;
(c) A change of a designated responsible party within ten calendar days of the effective date of the appointment of a new designated responsible party.
(2) An individual registered pursuant to this rule arrested for activities that, if convicted, would constitute a disqualifying offense as defined by rule 1301:18-1-01 shall immediately notify the division.
If the associated licensed entity has knowledge of such arrest, it shall notify the division.
(3) In the event an individual is no longer employed or associated with a licensee, the licensee shall update all accompanying information provided to the division, within one business day and ensure that the employee badge certificate is returned and destroyed upon separation.
(J) Employee badge renewal.
(1) Pursuant to the renewal process, the licensed entity shall submit the following to the division on behalf of the applicant prior to the badge's expiration:
(a) A complete and accurate renewal application in a manner prescribed by the division; and
(b) The non-refundable renewal fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(K) An individual whose employee badge was revoked, and any individual whose actions directly caused a license entity's license revocation, is precluded from applying for an employee identification for at least five years from the date of revocation or final judicial decision upon of an order of revocation.
Last updated December 20, 2024 at 7:41 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-10
(A) Pursuant to section 3780.03 of the Revised Code, each licensee shall establish and oversee an employee training program.
(1) Each licensee shall submit in a manner prescribed by the division of cannabis control evidence of ongoing compliance with this rule and ensure:
(a) All training is reviewed annually and updated as necessary and appropriate; and
(b) All employees regularly receive training on all applicable materials.
(B) Foundational Training. Prior to commencing business, each person registered pursuant to rule 1301:18-3-09 of the Administrative Code, shall receive foundational training on the following:
(1) All applicable written policies and procedures associated with their respective assigned function.
(2) Use and proper documentation of all cannabis maintained at the licensed premises in the state inventory tracking system established pursuant to sections 3780.05 and 3796.07 of the Revised Code;
(3) Preparation for regulatory inspections;
(4) Mandates for maintaining their respective badge certificate pursuant to rule 1301:18-3-09 of the Administrative Code;
(5) All applicable statutes and regulations pertaining to Ohio cannabis law; and
(6) Responsible use training and available associated resources for addiction services established pursuant to section 3780.30 of the Revised Code.
(C) Additional Requirements. In addition to the foundational training outlined under paragraph (B) of this rule, each licensee shall train all applicable employees as follows:
(1) Security Personnel. Prior to gaining access to the licensed premises' designated security and surveillance area, or commencing any security or surveillance function, each authorized registered employee shall successfully complete the Ohio homeland security private investigators and security guards ('PISGS') training located at:
(a) https://homelandsecurity.ohio.gov/private-investigators-and-security-guards/training-opportunities/online-training
(2) OSHA training. Each cultivator and processor shall ensure on an annual basis:
(a) At least one registered responsible party or other person in a safety supervisory or managerial role completes the thirty-hour OSHA course; or
(b) The licensee maintains a contract with a third-party OSHA safety consultant approved by the division to provide all registered employees regular trainings and safety audits.
(3) Processors.
(a) Each processor shall ensure at least one employee is available during all operating hours when cannabis products are prepared or packaged, who is a certified food protection manager through a program accepted by the Ohio department of health, or a nationally recognized accrediting agency as approved by the division.
(b) A processor using hydrocarbon solvent-based or carbon dioxide extraction methods shall designate at least one person to train and supervise employees engaged in extracting cannabis, producing cannabis products, or the handling of such products on the proper, sanitary, and safe use of extraction equipment and associated solvents.
(i) The supervisor shall meet the following minimum qualifications:
(a) A bachelor's degree in engineering or physical sciences from an accredited university; or
(b) At least three years of experience operating the same or similar processing and extraction equipment utilized at the facility.
(4) Dispensaries.
(a) Prior to commencing business, all dispensary employees with access to confidential patient information or the patient registry shall receive foundational training pertaining to the confidentiality requirements pursuant to rule 1301:18-8-07 of the Administrative Code;
(b) Prior to dispensing cannabis, all dispensary employees dispensing cannabis shall receive the following training:
(i) Relevant registration and training on the drug database established pursuant to section 4729.75 of the Revised Code;
(ii) Instruction on the different forms and methods of administration;
(iii) Instruction on qualifying conditions for medical cannabis patients;
(iv) Authorized uses of medical cannabis in the treatment of qualifying conditions;
(v) Guidelines for providing information to patients and caregivers related to patients' symptoms and risks associated with medical cannabis, including possible drug interactions;
(vi) Recognizing signs and symptoms of substance abuse; and
(vii) Guidelines for refusing to provide cannabis to an individual who appears to be impaired or abusing cannabis.
(D) Pursuant to rule 1301:18-3-14 of the Administrative Code, each licensee shall document all training pursuant to this rule and include the following:
(1) Names and qualifications of the person responsible for training content;
(2) A set of training materials, to be provided to each participant; and o (3) Date(s) of training.
Last updated January 5, 2026 at 10:10 AM
History
- Effective: January 1, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-5-04 Cultivation Area Expansion.
(A) A cultivator shall not expand its cultivation area without prior approval from the division of cannabis control.
(B) Upon utilization of the totality of its cultivation area, a cultivator may apply in a manner prescribed by the division for an initial cultivation area expansion subject to the following restrictions:
(1) A level I cultivator may request to expand up to one hundred thousand square feet;
(2) A level II cultivator may request to expand up to fifteen thousand square feet; and
(3) A cultivator's total cultivation area is calculated per license, regardless of whether a cultivator is approved for an expansion at more than one location.
(C) Prior to expanding its cultivation area, a cultivator shall submit in a manner prescribed by the division the following:
(1) A complete and accurate application on a form prescribed by the division evidencing the following:
(a) The proposed location of expanded cultivation area;
(b) The associated plans and specifications for the proposed expansion that includes:
(i) Plans and specifications for the proposed expansion in compliance with division 1301:18 of the Administrative Code;
(ii) A timeline for completion of the proposed expansion, which, if approved, will become a mandatory condition; and
(iii) Evidence that the cultivator has a history of compliance with division 1301:18 of the Administrative Code.
(c) Supporting documentation that the cultivator has maintained an uninterrupted supply of cannabis plant material pursuant to rule 1301:18-5-02 of the Administrative Code;
(d) Evidence the proposed expansion meets all applicable requirements under division 1301:18 of the Administrative Code;
(e) The licensee will remain in compliance with division 1301:18 of the Administrative Code;
(f) Any supporting documentation evidencing the requirements outlined under this paragraph;
(g) Any supporting documentation evidencing the requirements outlined under this paragraph.
(2) Within ninety calendar days of receipt of an expansion request pursuant to this rule, the division will review the application and may:
(a) Approve the application;
(b) Deny the application; or
(c) Advise the cultivator in writing that the applicant failed to meet all application requirements.
(3) Upon receipt of written approval, the cultivator may construct and prepare the expanded cultivation area.
(D) In addition to the mandates outlined under paragraph (C) of this rule, a cultivator requesting to re-locate all or a portion of its cultivation area to more than one facility site shall also comply with the following:
(1) Once the expanded cultivation area is fully constructed and prepared to commence all business, the cultivator shall submit in a manner prescribed by the division a proposed transition plan outlining the following:
(a) A proposed procedure for the safe and secure transfer all inventory and other materials maintained at the original location to the proposed location within ninety calendar days as outlined under this paragraph;
(b) Confirmation that the cultivator's transition plan will ensure proper security and surveillance of the original location and the proposed location during the transition period that mitigate the risk of theft, loss, and diversion; and
(c) Assurance the cultivator will maintain ongoing compliance with all requirements outlined under these rules.
(2) Upon receipt of a cultivator's proposed transition plan, the division will:
(a) Review the proposed transition plan and advise of any necessary modifications; and
(b) Conduct an inspection pursuant to rule 1301:18-9-01 of the Administrative Code.
(3) Unless otherwise authorized by the division, the cultivator shall have ninety calendar days from the date the cultivator passes the inspection pursuant to paragraph (D) of this rule to transfer all inventory.
(a) No inventory may be transferred prior to the beginning date of the approved transition period;
(b) The cultivator shall notify the division once the transfer of inventory is complete and business may commence at the new location;
(c) Pursuant to rule 1301:18-9-01 of the Administrative Code, the division may conduct an inspection at the original location and the proposed location to ensure compliance with all requirements outlined under this division of the Administrative Code.
(4) After verification by the division that the expanded cultivation area is in full compliance with these rules, the division will issue a modified certificate of operation reflecting the new location.
(a) The cultivator shall not operate at the new location until the division approves and issues an amended certificate of operation outlining the new location.
(b) A cultivator;s modified certificate of operation has the same expiration date as the previously issued license.
(c) Upon receipt of the modified certificate of operation, the cultivator may commence business.
(E) If the division approves a cultivator's request for expansion pursuant to this rule, the cultivator will be bound to the terms in the request for expansion.
(F) After issuance of initial cultivation expansion requests pursuant to paragraph (C) of this rule, should the division determine that additional cultivation area is necessary to meet the demand for cannabis, it may solicit requests for cultivation expansion plans from cultivators licensed pursuant to this division of the Administrative Code.
(1) The division will examine the following when determining the necessity of additional cultivation area:
(a) Program-wide capacity;
(b) Total population of this state;
(c) Data from the state inventory tracking system regarding demand for cannabis; and
(d) Any other information the division deems appropriate.
(2) Should the division determine that additional expansion is necessary pursuant to this paragraph, the division will:
(a) Issue a formal solicitation for expansion plans to licensed cultivators; and
(b) Provide notice of all expansion area plan application requirements.
Last updated October 15, 2025 at 1:04 PM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-9-01
(A) The Ohio division of cannabis control may, at any time, with or without notice, conduct an inspection to ensure compliance with all representations made to the division, state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(B) Notwithstanding the requirements of division 1301:18 of the Administrative Code, nothing shall prohibit the Ohio division of cannabis control, the division's designee, law enforcement, or other federal, state, or local government officials from entering any area of a cannabis entity's licensed premises if necessary to perform their governmental duties.
(C) The submission of an application that results in the issuance of a provisional license or certificate of operation irrevocably gives the Ohio division of cannabis control consent to conduct all inspections necessary to ensure compliance with state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(1) The Ohio division of cannabis control may conduct the inspection independently, or may work with third parties, other divisions, state agencies, or local authorities, including the Ohio division of agriculture, the division of industrial compliance, and the division of state fire marshal, to ensure compliance with, state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(2) An inspection of a licensee may include, without limitation, investigation of standards for safety from fire on behalf of the division by the local fire protection agency.
If a local fire protection agency is not available, the division of state fire marshal may conduct the inspection after the licensee pays the appropriate fee to the division of state fire marshal for such inspection.
(D) Pursuant to an inspection, the division may do any of the following:
(1) Access and inspect:
(a) The entirety of the licensed premises, including any off-site facilities;
(b) Any area within the licensed premises;
(c) Any secure, limited access area or other locked area of the licensed premises;
(d) Facility motor vehicles;
(e) All inventory; and
(f) All equipment, instruments, tools, containers, materials, machinery, or any other resource utilized at the licensed premises;
(2) Obtain samples for testing of any cannabis maintained at the licensed premises, media used to grow cannabis, chemicals and ingredients used in any cultivation, manufacturing, and extracting process, any labels or containers for cannabis, or any raw packaged cannabis.
(3) Question and interview registered responsible parties, owners, officers, board members, and all other employees or agents of the licensee;
(4) Review any and all policies and procedures; and
(5) Make and obtain copies of any and all records pursuant to rule 1301:18-3-17 of the Administrative Code.
(E) Prior to the issuance or renewal of a certificate of operation or change of location each licensee must pass a pre-approval inspection to ensure the licensed premises comply with all of the following:
(1) All representations made to the division;
(2) All specifications outlined in written policies and procedures as required by this chapter;
(3) All requirements outlined under Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(4) The pre-approval inspection will occur at a mutually agreeable time.
(5) Upon the completion of the pre-approval inspection, the division may issue either of the following:
(a) A certificate of operation in accordance with this division; or
(b) A written statement listing the deficiencies identified during the inspection that must be remedied before a certificate of operation will be issued by the division.
(F) Following an inspection conducted pursuant to this rule, the division will issue an inspection report that documents the following:
(1) The observations and findings of the inspections;
(2) The outcome of the inspection;
(3) Any suggestions for the licensee to take into consideration; and
(4) If applicable, a written statement listing the deficiencies identified during the inspection pursuant to paragraphs (E)(5)(b) and (G) of this rule.
(G) Deficiencies
(1) Upon receipt of a statement of deficiencies, unless otherwise authorized by the division, the licensee shall develop a plan of correction for each deficiency and submit the plan in writing to the division for review and approval within ten business days of receipt of the statement of deficiencies.
(a) The plan of correction must include specific requirements for corrective action that will be performed within thirty calendar days after the division's approval of the plan of correction
(b) If the plan of correction submitted is not acceptable to the division, the division may either direct the licensee to resubmit a plan of correction or the division may develop a directed plan of correction with which the licensee must comply.
(2) Upon approval of the written plan of correction, the licensee shall sign the plan of correction, binding the licensee to the terms under which the licensee may be issued a certificate of operation.
(a) If the licensee and the division are unable to come to terms on the written plan of correction, the division may take action in accordance with Chapter 1301:18-9 of the Administrative Code.
(3) The division will re-inspect a licensee upon the completion of the written plan of correction.
(a) If the corrective measures meet the division's satisfaction, the division will issue a certificate of operation.
(b) If the corrective measures do not meet the requirements of the written plan of correction, the division may take action in accordance with Chapter 1301:18-9 of the Administrative Code.
(H) If an inspector finds evidence of operational failures or conditions that create a likelihood of diversion, contamination, risk to public health, or a violation of any representation made to the division, state and local law, Chapters 3780 and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780 and 3796. of the Revised Code, the division may take any action authorized under Chapter 1301:18-9 of the Administrative Code.
(I) To prevent destruction of evidence, diversion, or other threats to public safety, the division may order an administrative hold of cannabis or cannabis products or any records of any licensee. The division may assess the costs of an investigation, including travel and the time of any and all division employees, to a licensee.
Last updated December 20, 2024 at 7:45 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-5-05 Cultivator Minimum Security and Surveillance Requirements.
(A) Each cultivator shall establish, maintain, and comply with written policies and procedures that ensure adequate security, surveillance, and control of the licensed premises that prevent diversion, theft, or loss and meet the minimum requirements outlined under this rule.
Pursuant to rule 1301:18-5-02 of the Administrative Code, each cultivator shall petition the division of cannabis control prior to implementing any major modification to the facility's security procedures, systems, or equipment.
(B) Prior to the commencement of business, each cultivator shall meet the following security and surveillance requirements that ensure compliance with all standards established by the division:
(1) Designate a secure, limited access area for all equipment maintained pursuant to this rule that is accessible only by authorized registered cultivator employees with foundational training in security and surveillance;
(2) Maintain or construct fencing to prevent unauthorized entry or access to waste disposal containers, disposal areas, or compost areas located outside the facility;
(3) Install a security alarm system with commercial grade equipment that includes the following:
(a) An access alarm on all entry points and windows;
(b) Motion detectors that identify unauthorized access into the facility; and
(c) A silent alarm, which may be utilized during instances of duress that sends a pre-recorded voice message to the facility's designated security personnel and law enforcement, public safety, or emergency services requesting dispatch, which includes the capability to enter a designated code into an arming station to signal that the alarm user is being forced to turn off the system.
(4) Install a video surveillance system that complies with the following:
(a) Is capable of electronic monitoring of the facility and real-time access by the division;
(b) Collects twenty-four-hour live video feed with motion-activated recording capabilities for all video cameras that record in at least fifteen frames per second;
(c) Archives and retains recordings for at least forty-five calendar days;
(d) Contains a display monitor with a minimum screen size of twelve inches;
(e) Exports still images in an industry standard format that guarantees authentication and prevents alteration of the recorded images;
(f) Produces clear color still photographs that are a minimum of 600 x 600 dpi from any camera image, live or recorded;
(g) Embeds a date and time stamp on all recordings; and
(h) Includes a failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system.
(5) Install unobstructed cameras in a manner that prevents tampering, captures the entirety of the licensed premises, and clearly identifies all individuals and activities within the surveilled area;
(6) Install cameras at all the following locations:
(a) All points of ingress and egress;
(b) All secure, limited access areas;
(c) Any area where cannabis is cultivated, harvested, stored, or handled;
(d) Any area that stores cannabis or facility inventory;
(e) The facility's cannabis destruction and disposal area; and
(f) All areas where sales proceeds are stored or transferred.
(7) Daily records of all registered employees' access to any secure, limited access area;
(8) Develop emergency policies and procedures for securing all inventory and currency in the event of diversion, theft, or loss; and
(9) Any other requirements the division deems necessary to maintain proper security and surveillance and ensure public safety.
(C) Each cultivator shall inspect and test all security and surveillance equipment at least once per month to ensure functionality.
(1) Pursuant to rule 1301:18-3-17 of the Administrative Code, each cultivator shall record and maintain evidence of all security and surveillance equipment tests pursuant to this paragraph.
(2) Each cultivator shall immediately notify the division of any failure in the facility's security and surveillance system or any associated equipment.
Any necessary repair or replacement shall occur within twenty-four hours of identification.
(3) Each cultivator shall keep all security equipment in good-working order and the systems shall be inspected and all devices tested on an annual basis by a third party.
(D) In the event a cultivator is made aware of any pending criminal, civil, or administrative investigations or legal proceedings for which a video recording may contain relevant information, the cultivator shall retain an unaltered copy of the recording until the investigation or proceeding is closed or the entity conducting the investigation or proceeding notifies the cultivator that it is not necessary to retain the recording.
Last updated December 20, 2024 at 7:42 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-5-06 Cultivator Inventory Control and Storage.
(A) Each cultivator shall establish, maintain, and comply with written policies and procedures for proper and secure inventory control of all cannabis maintained at the licensed premises. The cultivator's inventory control policies and procedures shall mitigate the risk of theft, loss, and diversion of cannabis and ensure the following:
(1) Before accepting a delivery of cannabis, a responsible party must oversee and ensure the delivery:
(a) Meets all relevant packaging and labeling requirements; and
(b) The contents within the shipment conform with all representations outlined in the transfer manifest from the originating entity.
(c) In the event the shipment fails to meet the requirements outlined under paragraph (A) of this rule, the cultivator shall:
(i) Refuse to accept the non-conforming batch or lot;
(ii) Immediately document the rejection in the state inventory tracking system and outline the reason for rejecting the non-conforming batch or lot; and
(iii) Return the batch or lot to the originating entity.
(2) All information related to cannabis maintained at the licensed premises is accurately and contemporaneously recorded in the state inventory tracking system from the time of receipt until distribution or disposal.
(3) All inventory is stored in a secure, limited access storage area that meets the requirements of rule 1301:18-5-05 of the Administrative Code accessible only by authorized registered employees.
(4) Ongoing, regular, and comprehensive inventories of all cannabis maintained at the licensed premises that includes the following:
(a) Upon discovery, each cultivator shall notify the division in writing of any discrepancies and submit a written plan of corrective action prior to making any adjustments to the state inventory tracking system.
(b) Prior to commencing business, each cultivator shall conduct an initial comprehensive inventory of all cannabis at the licensed premises.
If the cultivator commences business with no cannabis at the licensed premises, the cultivator shall record this fact as the initial inventory.
(c) When a cannabis plant reaches twelve inches in height or is transplanted from a cloning medium or apparatus into a growth medium or apparatus intended for the vegetative or flowering stages of growth cycle, whichever occurs sooner, securely attach a state inventory tracking system tag to the plant or the plant's container that includes the following information:
(i) The cultivator's business name and license number;
(ii) The cannabis strain name filed with the division; and
(iii) The unique plant identifier.
(d) A registered responsible party shall oversee a weekly inventory to ensure the physical inventory matches the information documented in the cultivator's internal inventory system and state inventory tracking system. The weekly inventory is to include the following:
(i) The date of the inventory;
(ii) The amount of cannabis maintained at the licensed premises, and include the following:
(a) The total number of cannabis plants, whether in the flowering, vegetative, or clone phase of growth, organized by the room in which the plants are grown;
(b) Each batch of plant material including the associated batch number, weight, and strain name quarantined for:
(i) State-required testing as outlined under these rules;
(ii) Research and development;
(iii) Destruction or disposal in accordance with rule 1301:18-3-12 of the Administrative Code;
(iv) Packaged, labeled, and prepared for transfer, distribution, or sale; and
(v) The total number of plants and every unique plant identifier that have been harvested, but are not yet associated with a batch.
(iii) The amount of cannabis sold or distributed since the previous weekly inventory, and include the following:
(a) The date of sale or distribution;
(b) The license number and name of the licensed entity to which the cannabis was sold; and
(c) The batch number, registered product name, and quantity of cannabis sold.
(iv) The date, quantity, and method of disposal of cannabis, if applicable;
(v) A summary of the inventory findings; and
(vi) The name, signature, and title of the employees who conducted the inventory and the registered responsible party that oversaw the review.
(e) Prior to the renewal of its certificate of operation, a registered responsible party for each cultivator shall do the following:
(i) Create an annual inventory report generated by the state inventory tracking system; and
(ii) Conduct a full, comprehensive, manual inventory of the cannabis at the licensed premises and compare the findings to the annual inventory report created pursuant to paragraph (A)(4)(a) of this rule.
(5) In accordance with rule 1301:18-3-16 of the Administrative Code, prior to any transfer, sale, or distribution to another licensed entity, the licensee prepares a transfer manifest utilizing the state inventory tracking system for each transfer; and
(6) Any and all information the division deems necessary for maintaining and tracking cannabis is documented and submitted into the state inventory tracking system.
(7) In accordance with rule 1301:18-3-14 of the Administrative Code, all inventories, procedures, and other documents required by this rule are maintained at the licensed premises and available for immediate review and duplication upon the division's request.
(B) [Reserved.]
Last updated August 28, 2025 at 7:33 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-16
(A) Bulk packaging:
Prior to transfer to another licensee, each cultivator and processor shall place the cannabis in a separate, clean food-grade package that is tamper-evident and maintains the integrity and stability of the cannabis contained within.
(B) Bulk shipping label: Each cultivator and processor shall ensure all cannabis intended for transfer to another licensee is affixed with a label on the exterior of every bulk package and states in legible English at least the following information, as applicable:
(1) The business name and license number of the cultivator where the cannabis plant material was cultivated and harvested;
(2) The business name and license number of the processor where the cannabis products were manufactured;
(3) The batch or lot number that corresponds with the batch or lot number associated with all state-required testing;
(4) The net weight of the cannabis contained within the package or the quantity of units contained within the package;
(5) The universal THC symbol;
(6) The division seal, as prescribed by the division;
(7) The following warning: This product contains cannabis, Keep out of reach of children; and
(8) If the plant material or cannabis product was mislabeled by the originating licensee, or is damaged, defective, or adulterated, a disclaimer that states as such.
(C) Transfer manifests. Prior to any transfer, sale, or distribution to another licensed entity, the originating licensee shall prepare a transfer manifest utilizing the state inventory tracking system and include the following information for each transfer:
(1) The business names and facility address of the licensees sending and receiving the shipment;
(2) The time of departure and estimated time of arrival;
(3) Within each transfer the following information for each individual package:
(a) A description of each individual package that is part of the transfer;
(b) The total number of individual packages;
(c) The unique identifying number generated within the state inventory tracking associated with the package;
(d) The units of measure as reported within the state inventory tracking system as follows:
(i) The net weight of the cannabis contained within the package; or
(ii) The quantity of units contained within the package;
(e) The unique identifying number generated within the state inventory tracking system associated with the transfer manifest; and
(f) If applicable:
(i) The names of the registered employees transporting the cannabis and their respective badge certificate number as provided by rule 1301:18-3-09 of the Administrative Code;
(ii) The license plate number and vehicle type that will transport the shipment; and
(iii) The specific delivery route, which includes street names and distances.
(4) Prior to the delivery, provide a copy of the transfer manifest to the recipient licensee and the division, via the state inventory tracking system.
(D) Prior to receipt, each licensee shall ensure that all cannabis received from another licensee adheres to the following:
(1) Meets all standards for all applicable state-required testing;
(2) Meets all packaging and labeling standards; and
(3) The accompanying certificate of analysis is uploaded in the state inventory tracking system with each batch or lot.
Last updated August 28, 2025 at 7:32 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Chapter 1301:18-6 Processor Certification and Requirements
Ohio Adm.Code 1301:18-6-01 Processor Certificate of Operation.
(A) Unless otherwise authorized by the division of cannabis control, each processor is prohibited from engaging in any activity authorized under these rules until the division issues the processor a certificate of operation.
(B) The division shall not issue a provisional processor a certificate of operation unless and until the processor meets all requirements outlined under division 1301:18 of the Administrative Code.
(C) Each processor shall have twelve months from the date the processor is issued a provisional license pursuant to these rules to obtain a certificate of operation.
(D) Upon receipt of its certificate of operation, a processor may engage in the following activities:
(1) Obtain cannabis from a cultivator, processor, or dispensary licensed pursuant to division 1301:18 of the Administrative Code;
(2) Process cannabis into a form authorized under rule 1301:18-4-03 of the Administrative Code;
(3) Distribute, transfer, and sell cannabis to a cultivator, processor, or other dispensary licensed pursuant to division 1301:18 of the Administrative Code; and
(4) Transfer cannabis for research and development or state-required testing to a laboratory licensed pursuant to division 1301:18 of the Administrative Code.
(E) A certificate of operation shall be issued to, and valid only for, the designated business entity, owners, and licensed premises specified within the processor's initial application for licensure pursuant to rule 1301:18-2-02 of the Administrative Code.
Last updated December 20, 2024 at 7:43 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-4-03
(A) A person seeking to add an approved form or method of administration as outlined under rule 1301:18-4-03 of the Administrative Code shall apply in a manner prescribed by the division of cannabis control and demonstrate the following:
(1) Multiple scientific experts support the addition of the form or method of administration.
The scientific experts must have specialized knowledge acquired through experience, education or observation, or study that is not possessed by the average layperson.
(2) The extent to which the prospective form or method of administration is generally accepted by the medical community;
(3) Information or studies known to the petitioner regarding any benefit or adverse effects from the use of the proposed form or method of administration; and
(4) Benefits to approving the proposed form or method of administration.
(B) In addition to information provided in a petition, the division may examine scientific, medical, or other evidence and research pertaining to the petition and may gather information, in person or in writing, from other persons knowledgeable about the form or method of administration included in the petition.
(C) Division review of application.
(1) Upon receipt of an application pursuant to paragraph (A) of this rule, the division will review the application and within sixty calendar days may:
(a) Approve the form or method;
(b) Deny the application; or
(c) Advise in writing that the applicant failed to meet all application requirements.
(2) Upon determination by the division that an applicant failed to meet all requirements of paragraph (A) of this rule, the division will notify the applicant in writing of all deficiencies contained within the application.
(3) Within ten business days of receipt of written notification from the division, the applicant shall ensure that all deficiencies outlined are alleviated and submit any further documentation requested by the division.
(4) Should an applicant fail to cure all application deficiencies, the application shall be deemed abandoned.
(D) If a form or method has been previously considered and rejected by the division, or is determined by the division to be substantially similar to a rejected form or method of administration, the division may deny the petition without first considering the appropriateness, unless new scientific research supporting the request is included in the petition.
Last updated August 28, 2025 at 7:33 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-02
(A) The following applicants are authorized to file an application for licensure with the division:
(1) Cultivators, processors, testing laboratories, and dispensaries currently licensed as a chapter 3796 medical marijuana facility seeking license conversion to a dual-use license as defined by rule 1301:18-1-01 of the Administrative Code.
(2) Entities eligible for a 10(B) dispensary license as established by rule 1301:18-2-06 of the Administrative Code.
(B) All application materials for the applicants authorized to apply in accordance with paragraph (A) of this rule will be published no later than June 7, 2024.
Last updated June 7, 2024 at 7:42 AM
History
- Effective: June 7, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-6-02 Processor Uninterrupted Supply of Cannabis.
(A) Each processor shall conduct its daily business and manufacturing activities in a manner that ensures a consistent supply of cannabis is available for sale to customers.
Evidence of a processor's consistent supply pursuant to this rule is shown by:
(1) Not more than thirty calendar days elapsing without extracting or manufacturing at least two hundred fifty grams of cannabis concentrate; or
(2) Not more than thirty calendar days elapsing between sale or transfer of at least one lot of cannabis products to a dispensary.
(B) A processor may petition on a form prescribed by the division to toll computation of the timeframes provided in paragraph (A) of this rule and include the following:
(1) An explanation of the facts and circumstances that prevent the processor's compliance with paragraph (A) of this rule; and
(2) A written plan, outlined in specific detail with the processor's intended actions and projected timeline, to ensure the processor complies with this rule.
(3) Upon receipt of a petition under this paragraph, the division may stay the requirement of paragraph (A) of this rule for the processor. A division order staying the requirement of paragraph (A) of this rule will state the date upon which the stay is lifted.
Last updated December 20, 2024 at 7:43 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-6-03 Processor Operating Procedures and Quality Assurance.
(A) Each processor shall establish, maintain, and comply with written policies and procedures for the daily operation and processing of cannabis. The processor's standard operating policies and procedures shall ensure the safe processing, extracting, manufacturing, and distribution and compliance with all mandates under division 1301:18 of the Administrative Code.
(B) Major modifications
(1) Any proposed major renovation or modification of the licensed premises shall be submitted to the division prior to implementation.
(2) The division of cannabis control will review the proposed modification and may do any of the following:
(a) Approve the submission;
(b) Deny the submission; or
(c) Mandate updates to the submission to ensure compliance with rules in this division.
(3) The division may inspect the licensed premises pursuant to any proposed major renovation or modification.
(4) A processor shall not proceed with any major modification unless and until the division provides the processor written approval to do so.
(C) Each processor shall ensure the licensed premises:
(1) Conforms with all relevant local ordinances, zoning and planning requirements, and fire codes;
(2) Complies with all applicable OSHA regulations, fire, safety, and building codes pertaining to the use and storage of the equipment and solvents used in the manufacture of cannabis products and pass all associated inspections;
(3) Prominently displays its certificate of operation and license seal issued by the division;
(4) Contains sufficient lighting to ensure visibility, security, and proper surveillance;
(5) Maintains proper cleanliness, ventilation, temperature control, and sanitation of the facility to ensure safe and consistent inventory;
(6) Conducts routine calibration of all scales, balances, or other weight or mass measuring devices using "National Institute of Standards and Technology" (NIST)-traceable reference weights, at least annually, by an independent third party approved by the division.
(7) In accordance with rule 1301:18-3-14 of the Administrative Code, documents the following processes utilized at the licensed premises:
(a) The form and types of cannabis maintained at the facility on a daily basis;
(b) Production records, including extraction, refining, manufacturing, records;
(c) All ingredients used in the production of each lot of cannabis products, documented in a manner that reconciles the identity and amount of cannabis and all other ingredients used with each lot; and
(d) The vendor name, part number and lot identifier of the vaporization units for each lot of vaporization solution that is manufactured.
(D) Designated areas within the facility.
(1) Each processor shall designate areas within the facility that are compartmentalized based upon function and restricts movement between the different production areas by personnel based on access credentials assigned by the facility.
(2) Each processor shall maintain the following designated, secure limited access areas accessible only by authorized registered employees:
(a) A cannabis extraction area;
(b) A storage area for all cannabis;
(c) A security area for all security and surveillance systems and equipment;
(d) A preparation and packaging area for all cannabis intended for distribution;
(e) A cannabis destruction and disposal area that complies with rule 1301:18-3-14 of the Administrative Code; and
(f) An area for receipt of all deliveries to the facility.
(E) Employees
(1) Prior to commencing employment, each processor shall ensure all employees registered with the division pursuant to rule 1301:18-3-09 of the Administrative Code and receive adequate education and training on standard operating procedures and as mandated by rule 1301:18-3-10 of the Administrative Code.
(2) All registered employees are to display their employee badge at all times during working hours.
(3) A registered responsible party as outlined by rule 1301:18-3-09 of the Administrative Code is to be present at the licensed premises at least twenty hours per week.
Last updated September 16, 2025 at 9:37 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-14
(A) Each licensee shall maintain all books, records, policies, procedures, and documentation evidencing the daily operations and business transactions conducted at the licensed premises.
(1) Unless otherwise approved by the division of cannabis control, all records must be maintained upon the licensed premises.
(2) All records shall be maintained in an auditable format and immediately available for inspection and duplication upon the division of cannabis control's request.
(3) A licensee may use an electronic system for storage and retrieval of records so long as the system meets the following:
(a) Guarantees the confidentiality of the information stored in the system;
(b) Is capable of providing safeguards against erasures and unauthorized changes; in data after the information has been entered and verified by the licensee;
(c) Can implement an administrative hold for investigative or inspection purposes; and
(d) Is capable of being reconstructed in the event of a computer malfunction or accident resulting in the destruction of the data bank.
(4) Any loss of electronically maintained records shall not mitigate any violations of this rule.
(B) Documentation maintained within the normal course of business and as required by paragraph (A) of this rule shall be retained for the current calendar year, and the preceding calendar year, and include the following:
(1) Any and all written policies and procedures utilized at the licensed premises including those mandated by division 1301:18 of the Administrative Code, including:
(a) Standard operating procedures;
(b) Cleaning and sanitization procedures of the licensed premises;
(c) In accordance with rule 1301:18-3-12 of the Administrative Code, waste disposal records;
(d) Inventory records;
(e) Security and surveillance records;
(f) Production records;
(g) Packaging and labeling records;
(h) Records of all test samples sent to a licensed testing laboratory and the associated certificate of analysis for each batch or lot;
(i) In accordance with rule 1301:18-3-13 of the Administrative Code, transportation records;
(j) In accordance with rule 1301:18-9-04 of the Administrative Code, product alerts and recall procedures; and
(k) In accordance with rule 1301:18-3-11 of the Administrative Code, visitor logs.
(2) If applicable:
(a) Dispensing records, as required by Chapter 1301:18-8 of the Administrative Code;
(b) Records of any theft, loss, or other unaccountability of any cannabis as required by rule 1301:18-9-02 of the Administrative Code;
(c) All complaints received pertaining to the quality or efficacy of the licensee's cannabis cultivated, processed, tested, or dispensed at the licensed premises; and
(d) All complaints received alleging the cannabis cultivated, processed, tested, or dispensed at the licensed premises, directly caused a negative health or adverse event resulting in serious bodily harm to the complainant, as required by rule 1301:18-9-02 of the Administrative Code.
(3) Business records, including:
(a) Licensee's ownership list and capitalization table;
(b) An organizational chart identifying all owners, officers, and board members of the licensee;
(c) For each owner, officer, and board member:
(i) Full legal name;
(ii) Mailing address;
(iii) Date of birth, evidencing the individual is at least twenty-one years of age or older; and
(iv) The individual's role with the licensee.
(d) A list of any person with a direct or indirect financial interest in, the licensee;
(e) A list of any person with direct or indirect control over, the licensee.
This applies to any current or future right to control;
(f) A list of any of the following regardless of whether they meet the definition of ownership, financial interest, or control:
(i) Option agreement, debt conversion, or other agreement which creates a current or future right in equity in the licensee, regardless of whether such modification is contingent upon certain acts or omissions;
(ii) A copy of any executed merger, sale, option to purchase, letter of intent, consulting, management, support, administrative services, or other similar agreements between applicant and any other person or that person's affiliates; and
(iii) Any other documentation evidencing the ownership structure, financial interest, or control of the licensee.
(4) All financial records reasonably related to operations, including but not limited to:
(a) Records that clearly reflect all financial transactions and the financial condition of the business, including contracts for services performed or received that relate to the licensee;
(b) Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale, and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;
(c) Accounting and tax records related to the licensee and all investors in the licensee;
(d) Bank statements;
(e) Cancelled checks; and
(f) Third-party vendor contracts.
(5) All advertising records related to advertising, promotional, or other marketing materials;
(6) Employee records, including:
(a) Employee hiring records, including the applicable background evaluation conducted by the licensee pursuant to paragraph (B)(1) of rule 1301:18-3-09 of the Administrative Code;
(b) An employee list of all current and former employees, outlining the following information:
(i) Full legal name, address, phone number, and electronic mail address;
(ii) Badge certificate number pursuant to rule 1301:18-3-09 of the Administrative Code;
(iii) Access designation credentials;
(iv) Date of hire; and
(v) If applicable:
(a) Date and rationale for separation; and
(b) History of disciplinary actions.
(c) Salary and wages paid to each employee, and any executive compensation, bonus, benefit, or item of value paid to any individual affiliated with any cannabis entity, including members of a non-profit corporation, if any; and
(d) Training and educational records, pursuant to rule 1301:18-3-10 of the Administrative Code.
Last updated October 15, 2025 at 1:03 PM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-09
(A) Employee badge required
(1) Each licensee shall ensure all of the following associated individuals obtain an employee badge from the division of cannabis control prior to commencement of business:
(a) Any administrator or individual responsible for the daily operation of the facility;
(b) All owners, officers, and board members, of the licensee; and
(c) All employees and agents of the licensee.
(2) Each licensee shall ensure all associated individuals outlined under paragraph (A)(1) of this rule are appropriately designated as follows:
(a) Responsible party:
(i) Prior to the issuance or renewal of a certificate of operation, each licensee shall designate at least one, but not more than three individuals to serve as the licensee's responsible party.
(ii) The designated responsible party will manage the facility's daily operations and ensure compliance with all standard operating procedures.
(iii) A responsible party is to be physically present at the licensed premises at least twenty hours per week and be immediately available to communicate with facility staff or the division during any operating hours when they are not physically present.
(b) Owner or officer:
Any and all owners, officers, and board members of the licensee.
(c) Employee:
All other employees and agents of the licensee.
(B) Prior to petitioning the division for an employee badge, each licensee shall:
(1) Complete a thorough background evaluation to confirm the applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code; and
(2) Submit a receipt or transaction number confirming that the applicant submitted the following to the Ohio bureau of criminal identification as required by sections 3780.08 and 3796.12 of the Revised Code:
(a) A complete and accurate application for:
(i) An Ohio bureau of criminal identification records check; and
(ii) A federal bureau of criminal identification records check.
(b) Two fingerprint impressions; and
(c) Clearly indicated that both records checks be sent directly to the division.
(C) Application for employee badge
Pursuant to the application process, each licensee shall submit the following to the division on behalf of the applicant:
(1) A complete and accurate application on a form prescribed by the division evidencing the following applicant information:
(a) Full legal name;
(b) The applicant's intended employee designation, as outlined under paragraph (A)(2) of this rule;
(c) Telephone number that may be utilized during normal business hours;
(d) Electronic mail address; and
(e) Mailing address.
(f) All information provided must be in working order and readily available to receive voice messages, electronic messages, or other communication as applicable.
(2) The applicant submitted fingerprint impressions to the Ohio bureau of criminal identification for an Ohio and federal bureau of criminal identification records checks;
(3) The applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code;
(4) A copy of the applicant's valid, unexpired government issued photographic identification evidencing that the applicant is at least twenty-one years of age;
(5) A clear, recognizable photographic headshot of the applicant, captured within the past six months of the date of submission;
(6) The business name and license number for any associated cultivator, processor, testing laboratory, or dispensary at which the applicant seeks employment;
(7) Individuals who have been a resident of the state of Ohio continuously for the past five years may apply for expedited renewal if the applicant consents for enrollment in the Ohio attorney general's retained applicant fingerprint database ("Rapback"), or other third-party database as determined by the division, that monitors publicly available databases for arrests and criminal convictions; and
(8) The non-refundable application fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(D) Provisional employee badge
(1) Upon receipt of a complete application, the division will issue the applicant a provisional employee badge.
(a) Each licensee shall print the applicant's provisional employee badge and ensure the applicant maintains the card on their person while conducting any business within the scope of their employment.
(b) The applicant may then immediately commence business at the associated licensee.
(c) Unless otherwise authorized by this rule, an applicant's provisional employee badge expires ninety calendar days after the date of issuance.
(2) A licensee may petition the division to extend an applicant's provisional employee badge for an additional ninety calendar days all of the following are met:
(a) The licensee submitted the extension request within ten business days of the provisional employee badge expiration;
(b) The licensee and applicant fulfilled all application requirements outlined under this rule; and
(c) Evidence that the licensee would suffer immediate irreparable harm should the extension be denied.
(E) Division review of application.
(1) During the pendency of the provisional employee badge, the division will review the employee badge application and accompanying Ohio and federal criminal identification records checks.
(2) After review of the application, the division may:
(a) Approve the application and issue a badge certificate;
(b) Deny the application; or
(c) Advise the licensee in writing that the applicant failed to meet all application requirements.
(3) Each licensee shall print the applicant's employee badge certificate and ensure the individual maintains the card on their person while engaged in any activity within the scope of their employment.
Each licensee shall ensure all employee badge certificates prevent unauthorized duplication of the badge.
(4) An employee badge certificate shall expire two years after the date of issuance.
(F) Deficiencies in applications.
(1) Upon determination by the division that a licensed entity failed to meet all requirements of paragraph (C) of this rule, the division will notify the associated licensed entity in writing of all deficiencies contained within the application.
(2) Within ten business days of receipt of written notification from the division, the licensee shall ensure that all deficiencies outlined are alleviated and submit any further documentation requested by the division.
(3) Should a licensee fail to cure all application deficiencies, the application shall be deemed abandoned.
(G) Failure to comply with application requirements.
Should a licensee fail to ensure all requirements of this rule are met, the division shall abandon the application and the licensee shall forfeit any non-refundable fee submitted to the division.
(H) Denial of application required.
The division shall deny an application for an employee badge pursuant to any of the following:
(1) The applicant was convicted of a disqualifying offense; or
(2) The applicant is not at least twenty-one years of age or older.
(I) Notification requirements.
(1) Each licensee shall notify the division of any of the following:
(a) Any employee badge that is lost, destroyed, stolen is to be immediately reported.
(b) Any modifications or changes to any information contained within their employee badge application within five business days of such change;
(c) A change of a designated responsible party within ten calendar days of the effective date of the appointment of a new designated responsible party.
(2) An individual registered pursuant to this rule arrested for activities that, if convicted, would constitute a disqualifying offense as defined by rule 1301:18-1-01 shall immediately notify the division.
If the associated licensed entity has knowledge of such arrest, it shall notify the division.
(3) In the event an individual is no longer employed or associated with a licensee, the licensee shall update all accompanying information provided to the division, within one business day and ensure that the employee badge certificate is returned and destroyed upon separation.
(J) Employee badge renewal.
(1) Pursuant to the renewal process, the licensed entity shall submit the following to the division on behalf of the applicant prior to the badge's expiration:
(a) A complete and accurate renewal application in a manner prescribed by the division; and
(b) The non-refundable renewal fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(K) An individual whose employee badge was revoked, and any individual whose actions directly caused a license entity's license revocation, is precluded from applying for an employee identification for at least five years from the date of revocation or final judicial decision upon of an order of revocation.
Last updated December 20, 2024 at 7:41 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-10
(A) Pursuant to section 3780.03 of the Revised Code, each licensee shall establish and oversee an employee training program.
(1) Each licensee shall submit in a manner prescribed by the division of cannabis control evidence of ongoing compliance with this rule and ensure:
(a) All training is reviewed annually and updated as necessary and appropriate; and
(b) All employees regularly receive training on all applicable materials.
(B) Foundational Training. Prior to commencing business, each person registered pursuant to rule 1301:18-3-09 of the Administrative Code, shall receive foundational training on the following:
(1) All applicable written policies and procedures associated with their respective assigned function.
(2) Use and proper documentation of all cannabis maintained at the licensed premises in the state inventory tracking system established pursuant to sections 3780.05 and 3796.07 of the Revised Code;
(3) Preparation for regulatory inspections;
(4) Mandates for maintaining their respective badge certificate pursuant to rule 1301:18-3-09 of the Administrative Code;
(5) All applicable statutes and regulations pertaining to Ohio cannabis law; and
(6) Responsible use training and available associated resources for addiction services established pursuant to section 3780.30 of the Revised Code.
(C) Additional Requirements. In addition to the foundational training outlined under paragraph (B) of this rule, each licensee shall train all applicable employees as follows:
(1) Security Personnel. Prior to gaining access to the licensed premises' designated security and surveillance area, or commencing any security or surveillance function, each authorized registered employee shall successfully complete the Ohio homeland security private investigators and security guards ('PISGS') training located at:
(a) https://homelandsecurity.ohio.gov/private-investigators-and-security-guards/training-opportunities/online-training
(2) OSHA training. Each cultivator and processor shall ensure on an annual basis:
(a) At least one registered responsible party or other person in a safety supervisory or managerial role completes the thirty-hour OSHA course; or
(b) The licensee maintains a contract with a third-party OSHA safety consultant approved by the division to provide all registered employees regular trainings and safety audits.
(3) Processors.
(a) Each processor shall ensure at least one employee is available during all operating hours when cannabis products are prepared or packaged, who is a certified food protection manager through a program accepted by the Ohio department of health, or a nationally recognized accrediting agency as approved by the division.
(b) A processor using hydrocarbon solvent-based or carbon dioxide extraction methods shall designate at least one person to train and supervise employees engaged in extracting cannabis, producing cannabis products, or the handling of such products on the proper, sanitary, and safe use of extraction equipment and associated solvents.
(i) The supervisor shall meet the following minimum qualifications:
(a) A bachelor's degree in engineering or physical sciences from an accredited university; or
(b) At least three years of experience operating the same or similar processing and extraction equipment utilized at the facility.
(4) Dispensaries.
(a) Prior to commencing business, all dispensary employees with access to confidential patient information or the patient registry shall receive foundational training pertaining to the confidentiality requirements pursuant to rule 1301:18-8-07 of the Administrative Code;
(b) Prior to dispensing cannabis, all dispensary employees dispensing cannabis shall receive the following training:
(i) Relevant registration and training on the drug database established pursuant to section 4729.75 of the Revised Code;
(ii) Instruction on the different forms and methods of administration;
(iii) Instruction on qualifying conditions for medical cannabis patients;
(iv) Authorized uses of medical cannabis in the treatment of qualifying conditions;
(v) Guidelines for providing information to patients and caregivers related to patients' symptoms and risks associated with medical cannabis, including possible drug interactions;
(vi) Recognizing signs and symptoms of substance abuse; and
(vii) Guidelines for refusing to provide cannabis to an individual who appears to be impaired or abusing cannabis.
(D) Pursuant to rule 1301:18-3-14 of the Administrative Code, each licensee shall document all training pursuant to this rule and include the following:
(1) Names and qualifications of the person responsible for training content;
(2) A set of training materials, to be provided to each participant; and o (3) Date(s) of training.
Last updated January 5, 2026 at 10:10 AM
History
- Effective: January 1, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-6-04 Processor Minimum Security and Surveillance Requirements.
(A) Each processor shall establish, maintain, and comply with written policies and procedures that ensure adequate security, surveillance, and control of the licensed premises that prevent diversion, theft, or loss and meet the minimum requirements outlined under this rule.
Pursuant to rule 1301:18-6-02 of the Administrative Code each processor shall petition the division prior to implementing any major modification to the facility's security procedures, systems, or equipment.
(B) Prior to the commencement of business, each processor shall meet the following security and surveillance requirements that ensure compliance with all standards established by the division:
(1) Designate a secure, limited access area for all equipment maintained pursuant to this rule that is accessible only by authorized registered processor employees with foundational training in security and surveillance;
(2) Maintain or construct fencing to prevent unauthorized entry or access to waste disposal containers, disposal areas or compost areas located outside the facility.
(3) Install a security alarm system with commercial grade equipment that includes the following:
(a) An access alarm on all entry points and windows;
(b) Motion detectors that identify unauthorized access into the facility; and
(c) A silent alarm, which may be utilized during instances of duress that sends a pre-recorded voice message to the facility's designated security personnel and law enforcement, public safety, or emergency services requesting dispatch, which includes the capability to enter a designated code into an arming station to signal that the alarm user is being forced to turn off the system.
(4) Install a video surveillance system that complies with the following:
(a) Is capable of electronic monitoring of the facility and real-time access by the division;
(b) Collects twenty-four-hour live video feed with motion-activated recording capabilities for all video cameras that record in at least fifteen frames per second;
(c) Archives and retains recordings for at least forty-five calendar days;
(d) Contains a display monitor with a minimum screen size of twelve inches;
(e) Exports still images in an industry standard format that guarantees authentication and prevents alteration of the recorded images;
(f) Produces clear color still photographs that are a minimum of 600 x 600 dpi from any camera image, live or recorded;
(g) Embeds a date and time stamp on all recordings; and (h) Includes a failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system.
(5) Install unobstructed cameras in a manner that prevents tampering, captures the entirety of the licensed premises, and clearly identifies all individuals and activities within the surveilled area;
(6) Install cameras at all the following locations:
(a) All points of ingress and egress;
(b) All secure, limited access areas;
(c) Any area where cannabis is manufactured, processed, extracted, stored, or handled;
(d) Any area that stores cannabis or facility inventory;
(e) The facility's cannabis destruction and disposal area; and
(f) All areas where sales proceeds are stored or transferred.
(7) Daily records of all registered employees' access to any secure, limited access area;
(8) Develop emergency policies and procedures for securing all inventory and currency in the event of diversion, theft, or loss;
(9) Any other requirements the division deems necessary to maintain proper security and surveillance and ensure public safety.
(C) Each processor shall inspect and test all security and surveillance equipment at least once per month to ensure functionality.
(1) Pursuant to rule 1301:18-3-17 of the Administrative Code, each processor shall record and maintain evidence of all security and surveillance equipment tests pursuant to this paragraph.
(2) Each processor shall immediately notify the division of any failure in the facility's security and surveillance system or any associated equipment.
Any necessary repair or replacement shall occur within twenty-four hours of identification.
(3) Each processor shall keep all security equipment in good-working order and the systems shall be inspected and all devices tested on an annual basis by a third party.
(D) In the event a processor is made aware of any pending criminal, civil, or administrative investigations or legal proceedings for which a video recording may contain relevant information, the processor shall retain an unaltered copy of the recording until the investigation or proceeding is closed or the entity conducting the investigation or proceeding notifies the processor that it is not necessary to retain the recording.
Last updated December 20, 2024 at 7:43 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-6-05 Processor Inventory Control and Storage.
(A) Each processor shall establish, maintain, and comply with written policies and procedures for proper and secure inventory control of all cannabis maintained at the licensed premises. The processor's inventory control policies and procedures shall mitigate the risk of theft, loss, and diversion of cannabis and ensure the following:
(1) Before accepting a delivery of cannabis, a responsible party must oversee and ensure the delivery:
(a) Meets all relevant packaging and labeling requirements; and
(b) The contents within the shipment conform with all representations outlined in the transfer manifest from the originating entity.
(c) In the event the shipment fails to meet the requirements outlined under paragraph (A)(1) of this rule, the processor shall:
(i) Refuse to accept the non-conforming batch or lot;
(ii) Immediately document the rejection in the state inventory tracking system and outline the reason for rejecting the non-conforming batch or lot; and
(iii) Return the batch or lot to the originating entity
(2) All information related to the cannabis maintained at the licensed premises is accurately and contemporaneously recorded in the state inventory tracking system from the time of receipt until distribution or disposal.
(3) All inventory is stored in a secure, limited access storage area that meets the requirements of rule 1301:18-6-05 of the Administrative Code accessible only by registered employees.
(4) Ongoing, regular, and comprehensive inventories of all cannabis maintained at the licensed premises that includes the following:
(a) Upon completion of each iteration of an extraction process, the processor attaches a label to the container of cannabis extract that includes the following information:
(i) The processor's name and license number;
(ii) The batch numbers of any batches of plant material used in the extraction;
(iii) The registered strain names of any plant material used during the extraction;
(iv) The lot number assigned to the lot of cannabis extract;
(v) The date of extraction; and
(vi) The net weight and volume of cannabis extract.
(b) Upon completion of each iteration of a manufacturing process, the processor attaches a label to the container of cannabis products that includes the following information:
(i) The processor's name and license number;
(ii) The registered product name;
(iii) The lot numbers of any lots of extract used in the manufacturing process;
(iv) The date of manufacture; and
(v) The net weight and unit count of cannabis products prepared or packaged for sale.
(c) A registered responsible party shall oversee a weekly inventory to ensure the physical inventory matches the information documented in the cultivator's internal inventory system and state inventory tracking system. The weekly inventory is to include the following:
(i) The date of the inventory;
(ii) The amount of cannabis at the licensed premises and include:
(a) The net weight of plant material;
(b) The net weight and volume of cannabis extract;
(c) The net weight and unit count of cannabis products prepared or packaged for sale or distribution;
(d) The results from a testing laboratory indicating the amounts of tetrahydrocannabinol (THC) and cannabidiol, if available; and
(e) The registered strain or product names and batch or lot numbers of plant material, cannabis extract, and cannabis products.
(iii) The amount of cannabis sold or distributed since the previous weekly inventory, and include the following:
(a) The date of sale or distribution;
(b) The license number and name of the licensed entity to which the cannabis was sold; and
(c) The batch or lot number, registered product name, and quantity of cannabis sold.
(d) The date, quantity, and method of disposal of cannabis, if applicable;
(e) A summary of the inventory findings; and
(f) The name, signature, and title of the employees who conducted the inventory and oversaw the inventory.
(d) Prior to the renewal of its certificate of operation, a registered responsible party for each processor shall do the following:
(i) Create an annual inventory report generated by the state inventory tracking system; and
(ii) Conduct a full, comprehensive, manual inventory of the cannabis at the licensed premises and compare the findings to the annual inventory report created pursuant to paragraph (A)(4)(a) of this rule.
(e) Upon discovery, each processor shall notify the division in writing of any discrepancies and submit a written plan of corrective action prior to making any adjustments to the state inventory tracking system.
(5) In accordance with rule 1301:18-3-16 of the Administrative Code, prior to any transfer, sale, or distribution to another licensed entity, the licensee prepares a transfer manifest utilizing the state inventory tracking system for each transfer; and
(6) Any and all information the division determines necessary for maintaining and tracking cannabis is documented and submitted into the state inventory tracking system.
(7) All inventories, procedures, and other documents required by this rule are maintained at the licensed premises and pursuant to rule 1301:18-3-14 of the Administrative Code and available for immediate review and duplication upon the division's request.
(B) [Reserved.]
Last updated August 28, 2025 at 7:34 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-16
(A) Bulk packaging:
Prior to transfer to another licensee, each cultivator and processor shall place the cannabis in a separate, clean food-grade package that is tamper-evident and maintains the integrity and stability of the cannabis contained within.
(B) Bulk shipping label: Each cultivator and processor shall ensure all cannabis intended for transfer to another licensee is affixed with a label on the exterior of every bulk package and states in legible English at least the following information, as applicable:
(1) The business name and license number of the cultivator where the cannabis plant material was cultivated and harvested;
(2) The business name and license number of the processor where the cannabis products were manufactured;
(3) The batch or lot number that corresponds with the batch or lot number associated with all state-required testing;
(4) The net weight of the cannabis contained within the package or the quantity of units contained within the package;
(5) The universal THC symbol;
(6) The division seal, as prescribed by the division;
(7) The following warning: This product contains cannabis, Keep out of reach of children; and
(8) If the plant material or cannabis product was mislabeled by the originating licensee, or is damaged, defective, or adulterated, a disclaimer that states as such.
(C) Transfer manifests. Prior to any transfer, sale, or distribution to another licensed entity, the originating licensee shall prepare a transfer manifest utilizing the state inventory tracking system and include the following information for each transfer:
(1) The business names and facility address of the licensees sending and receiving the shipment;
(2) The time of departure and estimated time of arrival;
(3) Within each transfer the following information for each individual package:
(a) A description of each individual package that is part of the transfer;
(b) The total number of individual packages;
(c) The unique identifying number generated within the state inventory tracking associated with the package;
(d) The units of measure as reported within the state inventory tracking system as follows:
(i) The net weight of the cannabis contained within the package; or
(ii) The quantity of units contained within the package;
(e) The unique identifying number generated within the state inventory tracking system associated with the transfer manifest; and
(f) If applicable:
(i) The names of the registered employees transporting the cannabis and their respective badge certificate number as provided by rule 1301:18-3-09 of the Administrative Code;
(ii) The license plate number and vehicle type that will transport the shipment; and
(iii) The specific delivery route, which includes street names and distances.
(4) Prior to the delivery, provide a copy of the transfer manifest to the recipient licensee and the division, via the state inventory tracking system.
(D) Prior to receipt, each licensee shall ensure that all cannabis received from another licensee adheres to the following:
(1) Meets all standards for all applicable state-required testing;
(2) Meets all packaging and labeling standards; and
(3) The accompanying certificate of analysis is uploaded in the state inventory tracking system with each batch or lot.
Last updated August 28, 2025 at 7:32 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Chapter 1301:18-7 Testing Laboratory Certification
Ohio Adm.Code 1301:18-7-01 Testing Laboratory Certificate of Operation.
(A) Unless otherwise authorized by the division of cannabis control, each testing laboratory shall not engage in any activity authorized under this chapter until the division issues the testing laboratory a certificate of operation.
(B) The division shall not issue a provisional testing laboratory a certificate of operation unless and until the testing laboratory meets all requirements outlined under division 1301:18 of the Administrative Code.
(C) Each testing laboratory shall have twelve months from the date the testing laboratory is issued a provisional license pursuant to this chapter to obtain a certificate of operation.
(D) Upon receipt of its certificate of operation, a testing laboratory may engage in the following activities:
(1) Obtain cannabis from a cultivator, processor, or dispensary licensed under division 1301:18 of the Administrative Code for testing purposes only; and
(2) Conduct laboratory testing, research, and development in accordance with division 1301:18 of the Administrative Code.
(E) A certificate of operation shall be issued to, and valid only for, the designated business entity, owners, and licensed premises specified within the testing laboratory's initial application for licensure pursuant to rule 1301:18-2-02 of the Administrative Code.
Last updated December 20, 2024 at 7:44 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-02
(A) The following applicants are authorized to file an application for licensure with the division:
(1) Cultivators, processors, testing laboratories, and dispensaries currently licensed as a chapter 3796 medical marijuana facility seeking license conversion to a dual-use license as defined by rule 1301:18-1-01 of the Administrative Code.
(2) Entities eligible for a 10(B) dispensary license as established by rule 1301:18-2-06 of the Administrative Code.
(B) All application materials for the applicants authorized to apply in accordance with paragraph (A) of this rule will be published no later than June 7, 2024.
Last updated June 7, 2024 at 7:42 AM
History
- Effective: June 7, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-7-04 Testing Laboratory Accreditation.
(A) Within two calendar years of the date of issuance of a provisional license, each testing laboratory shall receive accreditation to the ISO/IEC 17025 "General Requirements for the Competence of Testing and Calibration Laboratories" standard by a non-profit accreditation body that is signatory to the "International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Agreement (MRA)" and which operates in accordance with ISO/IEC 17011 "General Requirements for accreditation Bodies Accrediting Conformity Assessment Bodies."
Each testing laboratory shall ensure the accrediting agency provides a copy of all inspections and reports pertaining to certification and accreditation directly to the division.
(B) A testing laboratory may petition the division to toll computation of the timeframes provided in paragraph (A) of this rule. Such a petition shall be in writing and provide:
(1) An explanation of the facts and circumstances that prevent the laboratory's compliance with paragraph (A) of this rule; and
(2) A written plan, outlined in specific detail with the laboratory's intended actions and projected timeline, to ensure the laboratory complies with this rule.
(3) Upon receipt of a petition under this paragraph, the division may stay the requirement of paragraph (A) of this rule for the laboratory. A division order staying the requirement of paragraph (A) of this rule will state the date upon which the stay is lifted.
Last updated August 28, 2025 at 7:34 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-7-05 Proficiency Testing Program.
(A) The division of cannabis control may require a testing laboratory to participate in third-party proficiency testing programs.
In the event the division determines that proficiency testing is necessary, each testing laboratory shall adhere to all mandates outlined under this rule.
(B) At least once every twenty-four months, each testing laboratory is to successfully participate in a proficiency testing program for all test analytes outlined under rules in this division.
(1) A third-party proficiency program mandated pursuant to paragraph (A) of this rule, is to be administered by an organization accredited to ISO/IEC 17043 "Conformity Assessment - General Requirements for Proficiency Testing" and provide rigorously controlled and standardized analysis of the following:
(a) Proficiency testing samples;
(b) Reports of associated proficiency testing directly to the laboratory and the division; and
(c) Statistical evaluation of the collective demographics and results of all cannabis testing facilities
(2) Successful participation includes an acceptable score for each and every target analyte that the testing laboratory reports to include quantitative results when applicable.
Failure to provide a result for a required analyte will be considered an unacceptable result.
(C) Pursuant to third-party proficiency testing, each testing laboratory is to:
(1) Analyze proficiency testing samples utilizing the same procedures, including the number of replicate analyses, standards, testing analysts, and equipment, as used for routine required testing pursuant to these rules at the licensed premises.
(2) When possible, integrate all proficiency testing samples within the day-to-day operations of the laboratory.
(D) All proficiency testing results are to be reviewed by the scientific director and appropriate employees and:
(1) Evaluate the testing laboratory's performance and perform corrective action for any unsatisfactory results received; and
(2) If applicable:
(a) Investigate any unsatisfactory results, to include a retrospective review of potentially affected cannabis samples.
(b) Document the investigation findings and any resultant corrective actions.
(E) A testing laboratory who fails to achieve an acceptable score for any state-required test mandated pursuant to division 1301:18 of the Administrative Code shall do the following:
(1) Notify the division in writing within twenty-four hours of receipt of the score; and
(2) Unless authorized by the division, repeat the proficiency testing of any failed tests within thirty calendar days of receipt of the failed score.
(3) If the testing laboratory fails to perform satisfactorily for the same state-required testing in two consecutive proficiency testing events, or two out of three proficiency testing events, the testing laboratory may be required to cease the performance of testing for those analytes until it demonstrates to the satisfaction of the division that the nonconformances have been corrected in such a manner as to ensure that they will not recur.
(F) Prior to the renewal of its certificate of operation, each testing laboratory is to ensure proficiency testing includes each matrix within the scope of their ISO accreditation.
(G) A testing laboratory shall not:
(1) Communicate with another licensed laboratory about proficiency testing samples until after the deadline for submission of results to the proficiency testing provider.
(2) Refer proficiency testing samples to another testing laboratory for analysis; or
(3) Accept proficiency testing samples from other testing laboratory for analysis.
Last updated September 16, 2025 at 9:37 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-7-06 Testing Laboratory Minimum Security and Surveillance Requirements.
(A) Each testing laboratory shall establish, maintain, and comply with written policies and procedures that ensure adequate security, surveillance, and control of the licensed premises that prevent diversion, theft, or loss and meet the minimum requirements outlined under this rule.
(1) Pursuant to rule 1301:18-7-02 of the Administrative Code, each testing laboratory shall petition the division prior to implementing any major modification to the facility's security procedures, systems, or equipment.
(B) Prior to the commencement of business, each testing laboratory shall meet the following security and surveillance requirements that ensure compliance with all standards established by the division:
(1) Designate a secure, limited access area for all equipment maintained pursuant to this rule that is accessible only by authorized registered laboratory employees with foundational training in security and surveillance;
(2) Maintain or construct fencing to prevent unauthorized entry or access to waste disposal containers, disposal areas, or compost areas located outside the facility;
(3) Install a security alarm system with commercial grade equipment that includes the following:
(a) An access alarm on all entry points and windows;
(b) Motion detectors that identify unauthorized access into the facility; and
(c) A silent alarm, which may be utilized during instances of duress that sends a pre-recorded voice message to the facility's designated security personnel and law enforcement, public safety, or emergency services requesting dispatch, which includes the capability to enter a designated code into an arming station to signal that the alarm user is being forced to turn off the system.
(4) Install a video surveillance system that complies with the following:
(a) Capable of electronic monitoring of the facility and real-time access by the division;
(b) Collects twenty-four-hour live video feed with motion-activated recording capabilities for all video cameras that record in at least fifteen frames per second;
(c) Archives and retains recordings for at least forty-five calendar days;
(d) Contains a display monitor with a minimum screen size of twelve inches;
(e) Exports still images in an industry standard format that guarantees authentication and prevents alteration of the recorded images;
(f) Produces clear color still photographs that are a minimum of "600 x 600" dpi from any camera image, live or recorded;
(g) Embeds a date and time stamp on all recordings; and
(h) Includes a failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system.
(5) Install unobstructed, tamper-evident cameras that capture the entirety of the licensed premises and clearly identify all individuals and activities within the surveilled area;
(6) Camera placement at all the following locations:
(a) All points of ingress and egress;
(b) All secure, limited access areas;
(c) Any area where cannabis is tested, stored, or handled;
(d) Any area that stores cannabis or facility inventory;
(e) The facility's cannabis destruction and disposal area; and
(f) All areas where sales proceeds are stored or transferred.
(7) Daily records of all registered employees' access to any secure, limited access area;
(8) Develop emergency policies and procedures for securing all inventory and currency in the event of diversion, theft, or loss; and
(9) Any other requirements the division deems necessary to maintain proper security and surveillance and ensure public safety.
(C) Each testing laboratory shall inspect and test all security and surveillance equipment at least once per thirty calendar days to ensure functionality.
(1) Pursuant to rule 1301:18-3-14 of the Administrative Code, each laboratory shall record and maintain all security and surveillance equipment tests.
(2) Each laboratory shall immediately notify the division of any failure in the facility's security or surveillance system or equipment.
Any necessary repair or replacement shall occur within twenty-four hours of identification.
(3) Each laboratory shall keep all security equipment in good-working order and the systems shall be inspected and all devices tested on an annual basis by a third party.
(D) In the event a testing laboratory is made aware of any pending criminal, civil, or administrative investigations or legal proceedings for which a video recording may contain relevant information, the testing laboratory shall retain an unaltered copy of the recording until the investigation or proceeding is closed or the entity conducting the investigation or proceeding notifies the laboratory that it is not necessary to retain the recording.
Last updated August 28, 2025 at 7:34 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-14
(A) Each licensee shall maintain all books, records, policies, procedures, and documentation evidencing the daily operations and business transactions conducted at the licensed premises.
(1) Unless otherwise approved by the division of cannabis control, all records must be maintained upon the licensed premises.
(2) All records shall be maintained in an auditable format and immediately available for inspection and duplication upon the division of cannabis control's request.
(3) A licensee may use an electronic system for storage and retrieval of records so long as the system meets the following:
(a) Guarantees the confidentiality of the information stored in the system;
(b) Is capable of providing safeguards against erasures and unauthorized changes; in data after the information has been entered and verified by the licensee;
(c) Can implement an administrative hold for investigative or inspection purposes; and
(d) Is capable of being reconstructed in the event of a computer malfunction or accident resulting in the destruction of the data bank.
(4) Any loss of electronically maintained records shall not mitigate any violations of this rule.
(B) Documentation maintained within the normal course of business and as required by paragraph (A) of this rule shall be retained for the current calendar year, and the preceding calendar year, and include the following:
(1) Any and all written policies and procedures utilized at the licensed premises including those mandated by division 1301:18 of the Administrative Code, including:
(a) Standard operating procedures;
(b) Cleaning and sanitization procedures of the licensed premises;
(c) In accordance with rule 1301:18-3-12 of the Administrative Code, waste disposal records;
(d) Inventory records;
(e) Security and surveillance records;
(f) Production records;
(g) Packaging and labeling records;
(h) Records of all test samples sent to a licensed testing laboratory and the associated certificate of analysis for each batch or lot;
(i) In accordance with rule 1301:18-3-13 of the Administrative Code, transportation records;
(j) In accordance with rule 1301:18-9-04 of the Administrative Code, product alerts and recall procedures; and
(k) In accordance with rule 1301:18-3-11 of the Administrative Code, visitor logs.
(2) If applicable:
(a) Dispensing records, as required by Chapter 1301:18-8 of the Administrative Code;
(b) Records of any theft, loss, or other unaccountability of any cannabis as required by rule 1301:18-9-02 of the Administrative Code;
(c) All complaints received pertaining to the quality or efficacy of the licensee's cannabis cultivated, processed, tested, or dispensed at the licensed premises; and
(d) All complaints received alleging the cannabis cultivated, processed, tested, or dispensed at the licensed premises, directly caused a negative health or adverse event resulting in serious bodily harm to the complainant, as required by rule 1301:18-9-02 of the Administrative Code.
(3) Business records, including:
(a) Licensee's ownership list and capitalization table;
(b) An organizational chart identifying all owners, officers, and board members of the licensee;
(c) For each owner, officer, and board member:
(i) Full legal name;
(ii) Mailing address;
(iii) Date of birth, evidencing the individual is at least twenty-one years of age or older; and
(iv) The individual's role with the licensee.
(d) A list of any person with a direct or indirect financial interest in, the licensee;
(e) A list of any person with direct or indirect control over, the licensee.
This applies to any current or future right to control;
(f) A list of any of the following regardless of whether they meet the definition of ownership, financial interest, or control:
(i) Option agreement, debt conversion, or other agreement which creates a current or future right in equity in the licensee, regardless of whether such modification is contingent upon certain acts or omissions;
(ii) A copy of any executed merger, sale, option to purchase, letter of intent, consulting, management, support, administrative services, or other similar agreements between applicant and any other person or that person's affiliates; and
(iii) Any other documentation evidencing the ownership structure, financial interest, or control of the licensee.
(4) All financial records reasonably related to operations, including but not limited to:
(a) Records that clearly reflect all financial transactions and the financial condition of the business, including contracts for services performed or received that relate to the licensee;
(b) Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale, and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;
(c) Accounting and tax records related to the licensee and all investors in the licensee;
(d) Bank statements;
(e) Cancelled checks; and
(f) Third-party vendor contracts.
(5) All advertising records related to advertising, promotional, or other marketing materials;
(6) Employee records, including:
(a) Employee hiring records, including the applicable background evaluation conducted by the licensee pursuant to paragraph (B)(1) of rule 1301:18-3-09 of the Administrative Code;
(b) An employee list of all current and former employees, outlining the following information:
(i) Full legal name, address, phone number, and electronic mail address;
(ii) Badge certificate number pursuant to rule 1301:18-3-09 of the Administrative Code;
(iii) Access designation credentials;
(iv) Date of hire; and
(v) If applicable:
(a) Date and rationale for separation; and
(b) History of disciplinary actions.
(c) Salary and wages paid to each employee, and any executive compensation, bonus, benefit, or item of value paid to any individual affiliated with any cannabis entity, including members of a non-profit corporation, if any; and
(d) Training and educational records, pursuant to rule 1301:18-3-10 of the Administrative Code.
Last updated October 15, 2025 at 1:03 PM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Chapter 1301:18-8 Dispensary Patient Confidentiality
Ohio Adm.Code 1301:18-8-01 Dispensary Certificate of Operation.
(A) Unless otherwise authorized by the division, each dispensary is precluded from distributing or selling cannabis as authorized under these rules until the division issues the dispensary a certificate of operation.
(B) The division will not issue a provisional dispensary a certificate of operation unless and until the dispensary meets all mandates outlined under this chapter.
(C) Each dispensary shall have twelve months from the date the dispensary is issued a provisional license pursuant to this chapter to obtain a certificate of operation.
(D) Upon receipt of its certificate of operation, a dispensary may engage in the following activities:
(1) Obtain cannabis from a cultivator, processor, or other dispensary licensed pursuant to this chapter;
(2) Distribute, transfer, and sell cannabis to a cultivator, processor, or other dispensary licensed pursuant to this chapter;
(3) Transfer cannabis for research and development or laboratory testing to a laboratory licensed pursuant to this chapter; and
(4) Deliver cannabis and cannabis paraphernalia pursuant to division 1301:18 of the Administrative Code.
(E) A certificate of operation shall be issued to, and valid only for, the designated business entity, owners, and licensed premises specified within the dispensary's initial application for licensure pursuant to rule 1301:18-2-02 of the Administrative Code.
Last updated November 8, 2024 at 8:19 AM
History
- Effective: November 8, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-2-02
(A) The following applicants are authorized to file an application for licensure with the division:
(1) Cultivators, processors, testing laboratories, and dispensaries currently licensed as a chapter 3796 medical marijuana facility seeking license conversion to a dual-use license as defined by rule 1301:18-1-01 of the Administrative Code.
(2) Entities eligible for a 10(B) dispensary license as established by rule 1301:18-2-06 of the Administrative Code.
(B) All application materials for the applicants authorized to apply in accordance with paragraph (A) of this rule will be published no later than June 7, 2024.
Last updated June 7, 2024 at 7:42 AM
History
- Effective: June 7, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-02 Dispensary Operating Procedures and Quality Assurance.
(A) Each dispensary shall establish, maintain, and comply with written policies and procedures for the daily operation and distribution of cannabis. The dispensary's standard operating policies and procedures shall mitigate the risk of diversion, theft, or loss and ensure compliance with all mandates under this chapter.
(B) Unless otherwise authorized, a dispensary shall only distribute cannabis, cannabis paraphernalia, or other inventory at the licensed premises.
(C) Major modifications
(1) Any proposed major renovation or modification of the licensed premises shall be submitted to the division at least sixty calendar days prior to implementation.
(2) The division will review the proposed modification and may do any of the following:
(a) Approve the submission;
(b) Deny the submission; or
(c) Mandate updates to the submission to ensure compliance with this chapter.
(3) The division may inspect the licensed premises pursuant to any proposed major renovation or modification.
(D) Each dispensary shall ensure the licensed premises:
(1) Conforms with all relevant local ordinances, zoning and planning requirements, and fire codes;
(2) Does not exceed maximum building capacity and prevents the presence of individuals not engaged in activities authorized pursuant to these rules;
(3) Prominently displays its certificate of operation and license seal issued by the division;
(4) Maintains proper cleanliness, ventilation, temperature control, and sanitation to ensure safe and consistent inventory;
(5) Contains sufficient lighting to ensure visibility, security, and proper surveillance;
(6) A dispensary licensed as a dual-use facility pursuant to these rules shall ensure the facility:
(a) Serves and accommodates medical patients and caregivers and adult-use consumers alike;
(b) Maintains ongoing inventory sufficient to maintain an adequate supply of medical cannabis to meet the current demand and projected patient and caregiver population;
(c) Provides accommodations to medical cannabis patients and caregivers that may include, but is not limited to:
(i) Dedicated hours of operation limited to medical-only patients and caregivers during which adult-use consumers are precluded from the facility.
(ii) Expanded options for medical cannabis delivery and online ordering.
(iii) Efficient point-of-sale accommodations that similarly and expeditiously serve medical patients and caregivers and adult-use consumers.
(E) Each dispensary shall designate areas within the facility that are compartmentalized based upon function.
(1) Each dispensary shall maintain designated secure, limited access areas that are accessible only by authorized registered employees.
(a) Each dispensary's designated secure, limited access areas shall include the following:
(i) A storage area for all cannabis, cannabis paraphernalia, and any other inventory;
(ii) A security area for all security and surveillance systems and equipment;
(iii) A cannabis destruction and disposal area that complies with rule 1301:18-3-12 of the Administrative Code;
(iv) An area for receipt of all deliveries to the facility.
(b) All secure, limited access areas shall be constantly monitored, video surveilled, and meet all requirements under rule 1301:18-8-05 of the Administrative Code;
(c) Each dispensary shall post conspicuous signage at all secure, limited access areas stating: "Do not enter- Restricted Access Area Access Restricted to Authorized Employees Only."
(d) Unless otherwise authorized by the division, no dispensary shall create or allow photographs, videos, or other media depicting any secure, limited access area.
(2) Each dispensary shall maintain a designated retail area.
(a) Pursuant to rule 1301:18-8-05 of the Administrative Code, the retail area shall be secure and video surveilled to prevent diversion, theft, loss, or unauthorized access by the public.
(b) Except as outlined under paragraph (E)(2)(c) of this rule, cannabis, cannabis paraphernalia, and other inventory may not be maintained in the designated retail area.
(c) Within the retail area, each dispensary shall establish a secure, limited access area that is physically separated from the remainder of the retail area and is accessible only by authorized registered employees. This secure, limited access area shall:
(i) Maintain all cash registers or other points of sale; and
(ii) Ensure any cannabis, cannabis paraphernalia, or other inventory maintained in this area is limited in quantity, separately secured to prevent theft, and not visible from outside the facility.
(F) Employees
(1) Prior to commencing employment, each dispensary shall ensure all employees are registered with the division pursuant to rule 1301:18-3-09 of the Administrative Code and receive adequate education and training on standard operating procedures and as mandated by rule 1301:18-3-10 of the Administrative Code.
(2) All registered employees are to display their employee badge at all times during working hours.
(3) A registered responsible party as outlined by rule 1301:18-8-03 of the Administrative Code is to be present at the licensed premises at least twenty hours per week.
(G) Hours of operation
(1) A dispensary may operate between the hours of seven a.m. and eleven p.m.
(2) Each dispensary shall maintain reasonable hours of operation and conspicuously post such hours of operation at the licensed premises.
(3) Each dispensary shall establish, maintain, and comply with written procedures for facility closure.
Each dispensary shall include in its written closure procedures a method to notify patients and caregivers of when the dispensary will resume normal hours of operation and conspicuously post such information at the licensed premises.
(4) Each dispensary shall notify the division in advance of any permanent, long-term modifications to its hours of operation.
(H) Daily operations
(1) Each dispensary shall mandate all members of the public to present valid, government-issued photographic identification containing the individual's date of birth prior to each of the following events:
(a) Entering the designated retail area;
(b) Executing any sale conducted at the licensed premises; and
(c) Transferring possession of any purchased materials to a customer.
(2) Unless otherwise authorized under these rules, no person under the age of twenty-one shall be granted access to the dispensary's licensed premises.
(a) Registered patients who are under the age of twenty-one may enter the premises if they present valid patient identification.
(b) Registered patients under the age of eighteen are to be accompanied by their registered caregiver.
(3) Prior to entering the dispensary's retail area, all members of the public shall be mandated to present valid, government-issued photographic identification containing the individual's date of birth.
A registered dispensary employee is to review the individual's identification and ensure the following:
(a) The individual is at least twenty-one years of age or older; or
(b) For registered patients:
(i) The individual is eighteen years of age or older or accompanied by the patient's registered caregiver; and
(ii) The dispensary employee will also mandate presentation of valid patient identification.
(I) Points of sale
(1) Prior to any sale, or the transfer of possession of any cannabis, a registered dispensary employee will review the customer's valid, government-issued photographic identification containing the customer's date of birth. The employee shall confirm the individual is:
(a) A customer is at least twenty-one years of age or older or authorized to engage in activities pursuant to this chapter;
(b) The information contained on the customer's identification matches the individual presenting the identification;
(c) The information contained on the customer's identification matches the information provided in the order; and
(d) If applicable, the registered employee will also review documentation evidencing the individual is a veteran or indigent status.
(2) A dispensary may accept orders and payment for cannabis and cannabis paraphernalia via the internet.
A dispensary that accepts orders and payment pursuant to this paragraph shall ensure a registered dispensary employee mandates the customer to present all identifying information outlined under paragraph (I)(1) of this rule prior to transferring possession of any purchased materials to the customer.
(3) A dispensary may utilize a self-serve ordering kiosk located within the physical premises of the facility.
(a) The dispensary shall ensure that the kiosk and surrounding area are secure and surveilled to prevent diversion, theft, and loss.
(b) A self-serve ordering kiosk may not automatically or directly dispense cannabis to individuals.
(4) Each dispensary shall maintain at each point-of-sale:
(a) Educational materials in compliance with section 3780.30 of the Revised Code on substance abuse and access to addiction services;
(b) Contact information for the division's toll-free telephone line in compliance with section 3796.17 of the Revised Code; and
(c) Any other information mandated by the division.
(J) Drive-up window:
(1) A dispensary may petition the division to distribute inventory via a drive-up window affixed to the physical premises of the facility.
(2) The dispensary shall ensure that the drive-up window, and the area immediately surrounding, is secure, video surveilled, and meet all mandates outlined under rule 1301:18-8-05 of the Administrative Code.
(3) The area immediately surrounding the drive-up window, must be possessed or controlled by the dispensary or authorized for use of the area via express written consent by the property owner.
(K) Curbside pickup:
(1) A dispensary may petition the division to distribute purchased inventory via curbside pickup.
(2) The dispensary shall ensure the area designated for curbside pickup, and the immediately surrounding area, is secure, video surveilled, and meets all mandates under rule 1301:18-8-05 of the Administrative Code.
(3) Any area designated for curbside pickup, and the immediately surrounding area, must be possessed or controlled by the dispensary or authorized for use of the area via express written consent by the property owner.
(4) The dispensary shall assign a registered dispensary employee who meets the mandates outlined under paragraph (B) of rule 1301:18-8-05 of the Administrative Code to monitor and assist with any curbside pickup distribution.
(5) A registered dispensary employee shall mandate presentation of the individual's identification as outlined under paragraph (I)(1) of this rule prior to transferring possession of the purchased inventory.
Last updated October 31, 2024 at 9:39 AM
History
- Effective: October 31, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-12
(A) All licensees shall destroy and dispose of all excess, unwanted, outdated, deteriorated, adulterated, or misbranded cannabis under video surveillance and in a manner as to render the cannabis unusable and non-retrievable.
(B) All cannabis intended for destruction shall be weighed and recorded into the state inventory tracking system, separated from other viable inventory intended for distribution, and maintained in a secure location.
(C) Cannabis intended for disposal shall be weighed and recorded into the statewide inventory tracking system.
(D) Pursuant to paragraph (A) of this rule, cannabis shall be rendered unusable and non-retrievable by grinding and incorporating the waste with one or more of the following materials such that the resulting mixture is at least fifty-one per cent non-cannabis waste:
(1) Paper waste;
(2) Cardboard waste;
(3) Food waste;
(4) Yard or garden waste;
(5) Grease or other compostable oil waste;
(6) Bokashi, or other compost activators; or
(7) Any other waste as approved by the division.
(E) Licensed entities shall conduct all cannabis destruction and disposal in a secure, limited access area that is surveilled and accessible only to registered employees.
(F) In addition to paragraph (C) of this rule, all licensed entities shall maintain records of all cannabis destruction and disposal in accordance with rule 1301:18-3-16 of the Administrative Code and memorialize the following information for each occurrence:
(1) Manner of destruction;
(2) Rationale for destruction;
(3) Date and time of disposal;
(4) The volume or weight of the associated waste; and
(5) If applicable
(a) The registered strain or product name and form;
(b) The date of production or removal from production;
(c) Assigned state inventory tracking information.
(G) Licensed entities shall ensure that all other non-cannabis waste, including hazardous materials, is disposed of in a manner consistent with state and federal law. For purposes of this rule, non-cannabis waste includes the following:
Stalks, stems, fan leaves, or roots of the cannabis plant.
Last updated October 31, 2024 at 9:34 AM
History
- Effective: October 31, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-05
(A) Each dispensary shall establish, maintain, and comply with written policies and procedures that ensure adequate security, surveillance, and control of the licensed premises that prevent diversion, theft, or loss and meet the minimum requirements outlined under this rule.
Pursuant to rule 1301:18-8-02 of the Administrative Code each dispensary shall petition the division of cannabis control prior to implementing any major modification to the facility's security procedures, systems, or equipment.
(B) Prior to the commencement of business, each dispensary shall meet the following security and surveillance requirements that ensure compliance with all standards established by the division:
(1) Designate a secure, limited access area for all equipment maintained pursuant to this rule that is accessible only by authorized registered dispensary employees with foundational training in security and surveillance;
(2) Install a security alarm system with commercial grade equipment that includes the following:
(a) An access alarm on all entry points and windows;
(b) Motion detectors that identify unauthorized access into the facility; and
(c) A silent alarm, which may be utilized during instances of duress that sends a pre-recorded voice message to the facility's designated security personnel and law enforcement, public safety, or emergency services requesting dispatch, which includes the capability to enter a designated code into an arming station to signal that the alarm user is being forced to turn off the system.
(3) Install a video surveillance system that complies with the following:
(a) Capable of electronic monitoring of the facility and real-time access by the division;
(b) Collects twenty-four-hour live video feed with motion-activated recording capabilities for all video cameras that record in at least fifteen frames per second;
(c) Archives and retains recordings for at least forty-five calendar days;
(d) Contains a display monitor with a minimum screen size of nineteen inches;
(e) Exports still images in an industry standard format that guarantees authentication and prevents alteration of the recorded images;
(f) Produces clear color still photographs that are a minimum of 600 x 600 dpi from any camera image, live or recorded;
(g) Embeds a date and time stamp on all recordings; and
(h) Includes a failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system.
(4) Install unobstructed cameras in a manner that prevents tampering, captures the entirety of the licensed premises, and clearly identifies all individuals and activities within the surveilled area;
(5) Camera placement at all the following locations:
(a) All points of ingress and egress;
(b) All secure, limited access areas;
(c) Any area that stores cannabis or facility inventory;
(d) The facility's cannabis destruction and disposal area;
(e) All areas where sales proceeds are stored or transferred; and
(f) Each point of sale.
(6) Daily records of all registered employees' access to any secure, limited access areas;
(7) Develop emergency policies and procedures for securing all inventory and currency in the event of diversion, theft, or loss; and
(8) Any other requirements the division deems necessary to maintain proper security and surveillance and ensure public safety.
(C) Each dispensary shall inspect and test all security and surveillance equipment at least once per month to ensure functionality.
(1) Pursuant to rule 1301:18-3-16 of the Administrative Code, each dispensary shall record and maintain of all security and surveillance equipment tests.
(2) Each dispensary shall notify the division of any failure in the facility's security or surveillance system or equipment.
Any necessary repair or replacement shall occur within twenty-four hours of identification.
(D) In the event a dispensary is made aware of any pending criminal, civil, or administrative investigations or legal proceedings for which a video recording may contain relevant information, the dispensary shall retain an unaltered copy of the recording until the investigation or proceeding is closed or the entity conducting the investigation or proceeding notifies the dispensary that it is not necessary to retain the recording.
Last updated October 31, 2024 at 9:39 AM
History
- Effective: October 31, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-09
(A) Employee badge required
(1) Each licensee shall ensure all of the following associated individuals obtain an employee badge from the division of cannabis control prior to commencement of business:
(a) Any administrator or individual responsible for the daily operation of the facility;
(b) All owners, officers, and board members, of the licensee; and
(c) All employees and agents of the licensee.
(2) Each licensee shall ensure all associated individuals outlined under paragraph (A)(1) of this rule are appropriately designated as follows:
(a) Responsible party:
(i) Prior to the issuance or renewal of a certificate of operation, each licensee shall designate at least one, but not more than three individuals to serve as the licensee's responsible party.
(ii) The designated responsible party will manage the facility's daily operations and ensure compliance with all standard operating procedures.
(iii) A responsible party is to be physically present at the licensed premises at least twenty hours per week and be immediately available to communicate with facility staff or the division during any operating hours when they are not physically present.
(b) Owner or officer:
Any and all owners, officers, and board members of the licensee.
(c) Employee:
All other employees and agents of the licensee.
(B) Prior to petitioning the division for an employee badge, each licensee shall:
(1) Complete a thorough background evaluation to confirm the applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code; and
(2) Submit a receipt or transaction number confirming that the applicant submitted the following to the Ohio bureau of criminal identification as required by sections 3780.08 and 3796.12 of the Revised Code:
(a) A complete and accurate application for:
(i) An Ohio bureau of criminal identification records check; and
(ii) A federal bureau of criminal identification records check.
(b) Two fingerprint impressions; and
(c) Clearly indicated that both records checks be sent directly to the division.
(C) Application for employee badge
Pursuant to the application process, each licensee shall submit the following to the division on behalf of the applicant:
(1) A complete and accurate application on a form prescribed by the division evidencing the following applicant information:
(a) Full legal name;
(b) The applicant's intended employee designation, as outlined under paragraph (A)(2) of this rule;
(c) Telephone number that may be utilized during normal business hours;
(d) Electronic mail address; and
(e) Mailing address.
(f) All information provided must be in working order and readily available to receive voice messages, electronic messages, or other communication as applicable.
(2) The applicant submitted fingerprint impressions to the Ohio bureau of criminal identification for an Ohio and federal bureau of criminal identification records checks;
(3) The applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code;
(4) A copy of the applicant's valid, unexpired government issued photographic identification evidencing that the applicant is at least twenty-one years of age;
(5) A clear, recognizable photographic headshot of the applicant, captured within the past six months of the date of submission;
(6) The business name and license number for any associated cultivator, processor, testing laboratory, or dispensary at which the applicant seeks employment;
(7) Individuals who have been a resident of the state of Ohio continuously for the past five years may apply for expedited renewal if the applicant consents for enrollment in the Ohio attorney general's retained applicant fingerprint database ("Rapback"), or other third-party database as determined by the division, that monitors publicly available databases for arrests and criminal convictions; and
(8) The non-refundable application fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(D) Provisional employee badge
(1) Upon receipt of a complete application, the division will issue the applicant a provisional employee badge.
(a) Each licensee shall print the applicant's provisional employee badge and ensure the applicant maintains the card on their person while conducting any business within the scope of their employment.
(b) The applicant may then immediately commence business at the associated licensee.
(c) Unless otherwise authorized by this rule, an applicant's provisional employee badge expires ninety calendar days after the date of issuance.
(2) A licensee may petition the division to extend an applicant's provisional employee badge for an additional ninety calendar days all of the following are met:
(a) The licensee submitted the extension request within ten business days of the provisional employee badge expiration;
(b) The licensee and applicant fulfilled all application requirements outlined under this rule; and
(c) Evidence that the licensee would suffer immediate irreparable harm should the extension be denied.
(E) Division review of application.
(1) During the pendency of the provisional employee badge, the division will review the employee badge application and accompanying Ohio and federal criminal identification records checks.
(2) After review of the application, the division may:
(a) Approve the application and issue a badge certificate;
(b) Deny the application; or
(c) Advise the licensee in writing that the applicant failed to meet all application requirements.
(3) Each licensee shall print the applicant's employee badge certificate and ensure the individual maintains the card on their person while engaged in any activity within the scope of their employment.
Each licensee shall ensure all employee badge certificates prevent unauthorized duplication of the badge.
(4) An employee badge certificate shall expire two years after the date of issuance.
(F) Deficiencies in applications.
(1) Upon determination by the division that a licensed entity failed to meet all requirements of paragraph (C) of this rule, the division will notify the associated licensed entity in writing of all deficiencies contained within the application.
(2) Within ten business days of receipt of written notification from the division, the licensee shall ensure that all deficiencies outlined are alleviated and submit any further documentation requested by the division.
(3) Should a licensee fail to cure all application deficiencies, the application shall be deemed abandoned.
(G) Failure to comply with application requirements.
Should a licensee fail to ensure all requirements of this rule are met, the division shall abandon the application and the licensee shall forfeit any non-refundable fee submitted to the division.
(H) Denial of application required.
The division shall deny an application for an employee badge pursuant to any of the following:
(1) The applicant was convicted of a disqualifying offense; or
(2) The applicant is not at least twenty-one years of age or older.
(I) Notification requirements.
(1) Each licensee shall notify the division of any of the following:
(a) Any employee badge that is lost, destroyed, stolen is to be immediately reported.
(b) Any modifications or changes to any information contained within their employee badge application within five business days of such change;
(c) A change of a designated responsible party within ten calendar days of the effective date of the appointment of a new designated responsible party.
(2) An individual registered pursuant to this rule arrested for activities that, if convicted, would constitute a disqualifying offense as defined by rule 1301:18-1-01 shall immediately notify the division.
If the associated licensed entity has knowledge of such arrest, it shall notify the division.
(3) In the event an individual is no longer employed or associated with a licensee, the licensee shall update all accompanying information provided to the division, within one business day and ensure that the employee badge certificate is returned and destroyed upon separation.
(J) Employee badge renewal.
(1) Pursuant to the renewal process, the licensed entity shall submit the following to the division on behalf of the applicant prior to the badge's expiration:
(a) A complete and accurate renewal application in a manner prescribed by the division; and
(b) The non-refundable renewal fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(K) An individual whose employee badge was revoked, and any individual whose actions directly caused a license entity's license revocation, is precluded from applying for an employee identification for at least five years from the date of revocation or final judicial decision upon of an order of revocation.
Last updated December 20, 2024 at 7:41 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-10
(A) Pursuant to section 3780.03 of the Revised Code, each licensee shall establish and oversee an employee training program.
(1) Each licensee shall submit in a manner prescribed by the division of cannabis control evidence of ongoing compliance with this rule and ensure:
(a) All training is reviewed annually and updated as necessary and appropriate; and
(b) All employees regularly receive training on all applicable materials.
(B) Foundational Training. Prior to commencing business, each person registered pursuant to rule 1301:18-3-09 of the Administrative Code, shall receive foundational training on the following:
(1) All applicable written policies and procedures associated with their respective assigned function.
(2) Use and proper documentation of all cannabis maintained at the licensed premises in the state inventory tracking system established pursuant to sections 3780.05 and 3796.07 of the Revised Code;
(3) Preparation for regulatory inspections;
(4) Mandates for maintaining their respective badge certificate pursuant to rule 1301:18-3-09 of the Administrative Code;
(5) All applicable statutes and regulations pertaining to Ohio cannabis law; and
(6) Responsible use training and available associated resources for addiction services established pursuant to section 3780.30 of the Revised Code.
(C) Additional Requirements. In addition to the foundational training outlined under paragraph (B) of this rule, each licensee shall train all applicable employees as follows:
(1) Security Personnel. Prior to gaining access to the licensed premises' designated security and surveillance area, or commencing any security or surveillance function, each authorized registered employee shall successfully complete the Ohio homeland security private investigators and security guards ('PISGS') training located at:
(a) https://homelandsecurity.ohio.gov/private-investigators-and-security-guards/training-opportunities/online-training
(2) OSHA training. Each cultivator and processor shall ensure on an annual basis:
(a) At least one registered responsible party or other person in a safety supervisory or managerial role completes the thirty-hour OSHA course; or
(b) The licensee maintains a contract with a third-party OSHA safety consultant approved by the division to provide all registered employees regular trainings and safety audits.
(3) Processors.
(a) Each processor shall ensure at least one employee is available during all operating hours when cannabis products are prepared or packaged, who is a certified food protection manager through a program accepted by the Ohio department of health, or a nationally recognized accrediting agency as approved by the division.
(b) A processor using hydrocarbon solvent-based or carbon dioxide extraction methods shall designate at least one person to train and supervise employees engaged in extracting cannabis, producing cannabis products, or the handling of such products on the proper, sanitary, and safe use of extraction equipment and associated solvents.
(i) The supervisor shall meet the following minimum qualifications:
(a) A bachelor's degree in engineering or physical sciences from an accredited university; or
(b) At least three years of experience operating the same or similar processing and extraction equipment utilized at the facility.
(4) Dispensaries.
(a) Prior to commencing business, all dispensary employees with access to confidential patient information or the patient registry shall receive foundational training pertaining to the confidentiality requirements pursuant to rule 1301:18-8-07 of the Administrative Code;
(b) Prior to dispensing cannabis, all dispensary employees dispensing cannabis shall receive the following training:
(i) Relevant registration and training on the drug database established pursuant to section 4729.75 of the Revised Code;
(ii) Instruction on the different forms and methods of administration;
(iii) Instruction on qualifying conditions for medical cannabis patients;
(iv) Authorized uses of medical cannabis in the treatment of qualifying conditions;
(v) Guidelines for providing information to patients and caregivers related to patients' symptoms and risks associated with medical cannabis, including possible drug interactions;
(vi) Recognizing signs and symptoms of substance abuse; and
(vii) Guidelines for refusing to provide cannabis to an individual who appears to be impaired or abusing cannabis.
(D) Pursuant to rule 1301:18-3-14 of the Administrative Code, each licensee shall document all training pursuant to this rule and include the following:
(1) Names and qualifications of the person responsible for training content;
(2) A set of training materials, to be provided to each participant; and o (3) Date(s) of training.
Last updated January 5, 2026 at 10:10 AM
History
- Effective: January 1, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-03
(A) Prior to the issuance or renewal of a certificate of operation, each dispensary shall designate at least one, but not more than three individuals to serve as the licensee's responsible party as defined by rule 1301:18-3-09 of the Administrative Code.
(B) A dispensary's designated responsible party will manage the facility's daily operations and ensure compliance with all standard operating procedures.
(C) A responsible party is to be physically present at the licensed premises at least twenty hours per week and be immediately available to communicate with dispensary staff or the division during any operating hours when they are not physically present. The responsible party will ensure the following:
(1) The licensed premises remain secure, surveilled, and in compliance with rule 1301:18-8-05 of the Administrative Code;
(2) All inventory is maintained in the facility's secure, limited access storage area;
(3) All inventory is properly recorded and tracked in the state inventory tracking system;
(4) All delivery and receipt of cannabis occurs in a secure, limited access area;
(5) All dispensing errors are immediately remedied and reported to the division;
(6) In the event of any diversion, theft, or loss the dispensary complies with rule 1301:18-9-02 of the Administrative Code.
(D) Each dispensary shall notify the division in writing of a change of a designated responsible party within ten calendar days of the effective date of the appointment of a new designated responsible party.
Last updated October 31, 2024 at 9:39 AM
History
- Effective: October 31, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-04 Dispensary General Sanitary Requirements.
(A) Each dispensary shall establish, maintain, and comply with written policies and procedures for the safe, sanitary, and clean distribution of cannabis at the licensed premises. Each dispensary shall ensure all policies and procedures ensure the following:
(1) Each dispensary is equipped as to land, buildings, and equipment to properly carry on the business of a cannabis dispensary.
(2) Any building or equipment used for the storage or sale of cannabis is maintained in a clean, orderly, and sanitary condition, free from infestation by insects, rodents, birds, or pests.
(3) The facility and equipment used by a dispensary for the storage or sale of cannabis is to be cleaned in a manner and as frequently as necessary to protect against contamination of cannabis.
(4) Personnel:
(a) Disease control. Any employee who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of cannabis, cannabis-contact surfaces, or cannabis-packaging materials becoming contaminated, are to be excluded from any operations which may be expected to result in such contamination until the condition is corrected, unless conditions such as open lesions, boils, and infected wounds are adequately covered (e.g., by an impermeable cover).
(b) Personnel are to be instructed to report such health conditions to their supervisors.
(5) Cleanliness. All employees are to maintain adequate personal cleanliness while engaged in employment activities.
Each employee is to clean their hands and the exposed portions of their arms using a cleaning compound in a hand-washing sink that is appropriately equipped, at the following times at a minimum: after using the toilet facilities, after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking, and after engaging in other activities that contaminate the hands.
(6) Grounds. The grounds about the licensed premises under the control of the licensee is to be kept in a condition that will protect against the contamination of cannabis. The methods for adequate maintenance of grounds are to include:
(a) Properly storing equipment, removing litter and waste, and cutting weeds or grass within the immediate vicinity of the facility that may constitute an attractant, breeding place, or harborage for pests.
(b) Adequately draining areas that may contribute contamination to cannabis by seepage, foot-borne filth, or providing a breeding place for pests.
(c) Operating systems for waste treatment and disposal in an adequate manner so that they do not constitute a source of contamination.
(d) If the licensed premises grounds are bordered by grounds not under the licensee's control and not maintained in the manner described by this paragraph, care is to be exercised in the facility by inspection, extermination, or other means to exclude pests, dirt, and filth that may be a source of cannabis contamination.
(7) Facility. A dispensary facility is to be suitable in size, construction, and design to facilitate maintenance and sanitary operations for storing and distributing cannabis and to do the following:
(a) Provide adequate space for such placement of equipment and storage of materials as is necessary for maintenance, sanitary operations, and the distribution of safe cannabis.
(b) Be constructed in such a manner that floors, walls, and ceilings may be adequately cleaned and kept clean and kept in good repair; that drip or condensate from fixtures, ducts and pipes does not contaminate cannabis; and that aisles or working spaces are provided between equipment and walls and are adequately unobstructed and of adequate width to permit employees to perform their duties and to protect against contaminating cannabis.
(c) Each facility is to provide employees with adequate, readily accessible toilet facilities.
(d) Toilet facilities are to be kept clean and cannot be a potential source of contamination of cannabis.
(e) Each facility is to contain a sink fully stocked with the following:
(i) Disposable, single-use paper towels in a mounted dispenser;
(ii) Hand washing soap contained in a dispenser; and
(iii) A trash can conveniently located near the sink.
(f) In accordance with rule 1301:18-3-12 of the Administrative Code, waste is to be so conveyed, stored, and disposed of as to minimize the development of odor, minimize the potential for the waste becoming an attractant and harborage or breeding place for pests, and protect against contamination of cannabis.
Last updated January 5, 2026 at 10:10 AM
History
- Effective: January 1, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-16
(A) Bulk packaging:
Prior to transfer to another licensee, each cultivator and processor shall place the cannabis in a separate, clean food-grade package that is tamper-evident and maintains the integrity and stability of the cannabis contained within.
(B) Bulk shipping label: Each cultivator and processor shall ensure all cannabis intended for transfer to another licensee is affixed with a label on the exterior of every bulk package and states in legible English at least the following information, as applicable:
(1) The business name and license number of the cultivator where the cannabis plant material was cultivated and harvested;
(2) The business name and license number of the processor where the cannabis products were manufactured;
(3) The batch or lot number that corresponds with the batch or lot number associated with all state-required testing;
(4) The net weight of the cannabis contained within the package or the quantity of units contained within the package;
(5) The universal THC symbol;
(6) The division seal, as prescribed by the division;
(7) The following warning: This product contains cannabis, Keep out of reach of children; and
(8) If the plant material or cannabis product was mislabeled by the originating licensee, or is damaged, defective, or adulterated, a disclaimer that states as such.
(C) Transfer manifests. Prior to any transfer, sale, or distribution to another licensed entity, the originating licensee shall prepare a transfer manifest utilizing the state inventory tracking system and include the following information for each transfer:
(1) The business names and facility address of the licensees sending and receiving the shipment;
(2) The time of departure and estimated time of arrival;
(3) Within each transfer the following information for each individual package:
(a) A description of each individual package that is part of the transfer;
(b) The total number of individual packages;
(c) The unique identifying number generated within the state inventory tracking associated with the package;
(d) The units of measure as reported within the state inventory tracking system as follows:
(i) The net weight of the cannabis contained within the package; or
(ii) The quantity of units contained within the package;
(e) The unique identifying number generated within the state inventory tracking system associated with the transfer manifest; and
(f) If applicable:
(i) The names of the registered employees transporting the cannabis and their respective badge certificate number as provided by rule 1301:18-3-09 of the Administrative Code;
(ii) The license plate number and vehicle type that will transport the shipment; and
(iii) The specific delivery route, which includes street names and distances.
(4) Prior to the delivery, provide a copy of the transfer manifest to the recipient licensee and the division, via the state inventory tracking system.
(D) Prior to receipt, each licensee shall ensure that all cannabis received from another licensee adheres to the following:
(1) Meets all standards for all applicable state-required testing;
(2) Meets all packaging and labeling standards; and
(3) The accompanying certificate of analysis is uploaded in the state inventory tracking system with each batch or lot.
Last updated August 28, 2025 at 7:32 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-06 Dispensary Inventory Control and Storage.
Each dispensary shall establish, maintain, and comply with written policies and procedures for the receipt, storage, tracking, and distribution of cannabis, cannabis paraphernalia, and other inventory at the licensed premises. The dispensary's inventory control policies and procedures shall mitigate the risk of theft, loss, and diversion and ensure the following:
(A) Before accepting a delivery of cannabis, a responsible party must inspect and ensure the delivery:
(1) Meets all relevant packaging and labeling requirements; and
(2) The contents within the shipment conform with all representations outlined in the transfer manifest from the originating entity.
(3) In the event the shipment fails to meet the requirements outlined under paragraph (A) of this rule, the dispensary shall:
(a) Refuse to accept the non-conforming batch or lot;
(b) Return the batch or lot to the originating entity; and
(c) Within forty-eight hours of discovery, notify the division in writing.
(B) All information related to the cannabis maintained at the licensed premises is accurately and contemporaneously recorded in the state inventory tracking system from the time of receipt until distribution or disposal.
(C) All inventory is stored in a secure, limited access storage area that meets the requirements of rule 1301:18-8-05 of the Administrative Code and accessible only by registered employees.
(D) Documentation of each sale of cannabis in the state inventory tracking system.
(E) Ongoing regular, comprehensive inventories of all cannabis at the licensed premises and in compliance with this rule.
(1) Upon discovery, each dispensary shall notify the division in writing of any discrepancies and submit a written plan of corrective action prior to making any adjustments to the state inventory tracking system.
(2) A dispensary responsible party shall oversee a weekly inventory to ensure the physical inventory matches the information documented in the dispensary's internal inventory system and state inventory tracking system. The weekly is to include the following:
(a) The date of the inventory;
(b) The amount of cannabis maintained at the licensed premises;
(c) The amount of cannabis sold since the previous weekly inventory, and include the following:
(i) The date of sale;
(ii) The license number and name of the licensed entity to which the cannabis was sold; and
(iii) The batch or lot number, registered product name, and quantity of cannabis sold.
(d) The date, quantity, and method of disposal of cannabis, if applicable;
(e) A summary of the inventory findings; and
(f) The name, signature, and title of the employees who conducted the inventory and oversaw the inventory.
(3) A registered responsible party shall conduct an annual inventory and do the following:
(a) Create an annual inventory report generated by the state inventory tracking system; and
(b) Conduct a full, comprehensive, manual inventory of the cannabis at the licensed premises and compare the findings to the annual inventory report.
(F) Prior to any transfer of cannabis, a responsible party must inspect and acknowledge that the delivery meets relevant packaging and labeling requirements outlined under rule 1301:18-4-20 of the Administrative Code.
If the dispensary intends to transfer cannabis that is mislabeled, defective, damaged, or adulterated, the dispensary must provide written notification in a form and manner prescribed by the division prior to initiating the transfer.
(G) In accordance with rule 1301:18-3-16 of the Administrative Code, prior to any transfer, sale, or distribution to another licensed entity, the licensee prepares a transfer manifest utilizing the state inventory tracking system for each transfer.
(H) Any and all information the division determines necessary for maintaining and tracking cannabis is documented and submitted into the state inventory tracking system.
(I) All inventories, procedures, and other documents required by this rule are maintained on the premises and pursuant to rule 1301:18-3-14 of the Administrative Code and available for immediate review and duplication upon the division's request.
Last updated October 9, 2025 at 7:36 AM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-14
(A) Each licensee shall maintain all books, records, policies, procedures, and documentation evidencing the daily operations and business transactions conducted at the licensed premises.
(1) Unless otherwise approved by the division of cannabis control, all records must be maintained upon the licensed premises.
(2) All records shall be maintained in an auditable format and immediately available for inspection and duplication upon the division of cannabis control's request.
(3) A licensee may use an electronic system for storage and retrieval of records so long as the system meets the following:
(a) Guarantees the confidentiality of the information stored in the system;
(b) Is capable of providing safeguards against erasures and unauthorized changes; in data after the information has been entered and verified by the licensee;
(c) Can implement an administrative hold for investigative or inspection purposes; and
(d) Is capable of being reconstructed in the event of a computer malfunction or accident resulting in the destruction of the data bank.
(4) Any loss of electronically maintained records shall not mitigate any violations of this rule.
(B) Documentation maintained within the normal course of business and as required by paragraph (A) of this rule shall be retained for the current calendar year, and the preceding calendar year, and include the following:
(1) Any and all written policies and procedures utilized at the licensed premises including those mandated by division 1301:18 of the Administrative Code, including:
(a) Standard operating procedures;
(b) Cleaning and sanitization procedures of the licensed premises;
(c) In accordance with rule 1301:18-3-12 of the Administrative Code, waste disposal records;
(d) Inventory records;
(e) Security and surveillance records;
(f) Production records;
(g) Packaging and labeling records;
(h) Records of all test samples sent to a licensed testing laboratory and the associated certificate of analysis for each batch or lot;
(i) In accordance with rule 1301:18-3-13 of the Administrative Code, transportation records;
(j) In accordance with rule 1301:18-9-04 of the Administrative Code, product alerts and recall procedures; and
(k) In accordance with rule 1301:18-3-11 of the Administrative Code, visitor logs.
(2) If applicable:
(a) Dispensing records, as required by Chapter 1301:18-8 of the Administrative Code;
(b) Records of any theft, loss, or other unaccountability of any cannabis as required by rule 1301:18-9-02 of the Administrative Code;
(c) All complaints received pertaining to the quality or efficacy of the licensee's cannabis cultivated, processed, tested, or dispensed at the licensed premises; and
(d) All complaints received alleging the cannabis cultivated, processed, tested, or dispensed at the licensed premises, directly caused a negative health or adverse event resulting in serious bodily harm to the complainant, as required by rule 1301:18-9-02 of the Administrative Code.
(3) Business records, including:
(a) Licensee's ownership list and capitalization table;
(b) An organizational chart identifying all owners, officers, and board members of the licensee;
(c) For each owner, officer, and board member:
(i) Full legal name;
(ii) Mailing address;
(iii) Date of birth, evidencing the individual is at least twenty-one years of age or older; and
(iv) The individual's role with the licensee.
(d) A list of any person with a direct or indirect financial interest in, the licensee;
(e) A list of any person with direct or indirect control over, the licensee.
This applies to any current or future right to control;
(f) A list of any of the following regardless of whether they meet the definition of ownership, financial interest, or control:
(i) Option agreement, debt conversion, or other agreement which creates a current or future right in equity in the licensee, regardless of whether such modification is contingent upon certain acts or omissions;
(ii) A copy of any executed merger, sale, option to purchase, letter of intent, consulting, management, support, administrative services, or other similar agreements between applicant and any other person or that person's affiliates; and
(iii) Any other documentation evidencing the ownership structure, financial interest, or control of the licensee.
(4) All financial records reasonably related to operations, including but not limited to:
(a) Records that clearly reflect all financial transactions and the financial condition of the business, including contracts for services performed or received that relate to the licensee;
(b) Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale, and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;
(c) Accounting and tax records related to the licensee and all investors in the licensee;
(d) Bank statements;
(e) Cancelled checks; and
(f) Third-party vendor contracts.
(5) All advertising records related to advertising, promotional, or other marketing materials;
(6) Employee records, including:
(a) Employee hiring records, including the applicable background evaluation conducted by the licensee pursuant to paragraph (B)(1) of rule 1301:18-3-09 of the Administrative Code;
(b) An employee list of all current and former employees, outlining the following information:
(i) Full legal name, address, phone number, and electronic mail address;
(ii) Badge certificate number pursuant to rule 1301:18-3-09 of the Administrative Code;
(iii) Access designation credentials;
(iv) Date of hire; and
(v) If applicable:
(a) Date and rationale for separation; and
(b) History of disciplinary actions.
(c) Salary and wages paid to each employee, and any executive compensation, bonus, benefit, or item of value paid to any individual affiliated with any cannabis entity, including members of a non-profit corporation, if any; and
(d) Training and educational records, pursuant to rule 1301:18-3-10 of the Administrative Code.
Last updated October 15, 2025 at 1:03 PM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-07 Dispensary Patient Confidentiality.
(A) Each dispensary shall ensure the confidentiality of all records related to patient transactions. Except as authorized under paragraph (B) of this rule, patient records may only be released via written authorization and consent by the patient.
(1) Any consent must be signed by the patient and dated.
If a patient is unable to provide written consent, consent may only be provided by the patient's caregiver or legal guardian.
(2) Any consent for disclosure is valid until rescinded by the patient.
(B) A dispensary may release patient records to the following individuals:
(1) The patient;
(2) The patient's designated caregiver;
(3) The certified physician who issued the recommendation to the patient;
(4) Certified or licensed health care personnel responsible for the care of the patient;
(5) Any person that the dispensary is legally required to release the information to, including upon issuance of a valid subpoena, court order, or other similar document only in a criminal matter or an equivalent juvenile matter
(6) An agent who contracts with the dispensary as a "business associate" in accordance with the regulations promulgated by the secretary of the United States department of health and human services pursuant to the federal standards for the privacy of individually identifiable health information;
(7) If applicable, an agent of a medical insurance company who provides insurance coverage for medical cannabis upon authorization and proof of insurance by the patient or proof by the insurance company for those medications requested; and
(8) The Ohio division of cannabis control.
(C) In an emergency, a dispensary may disclose the recommendation information when it is deemed to be in the best interest of the patient.
A dispensary employee that orally discloses patient information pursuant to an emergency must prepare a written statement outlining the following:
(1) The name of the dispensary employee who disclosed the information;
(2) The patient's name;
(3) The date and time of disclosure;
(4) The nature of the emergency; and
(5) The names of the individuals to whom the information was disclosed.
Last updated December 20, 2024 at 7:44 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-08 Dispensing Adult-Use Cannabis.
(A) Each dispensary shall ensure the following when dispensing adult-use cannabis:
(1) Prior to any sale, or the transfer of possession of any cannabis, a registered dispensary employee shall review the individual's valid, government-issued photographic identification containing the individual's date of birth and confirm the following:
(a) The individual is at least twenty-one years of age or older;
(b) The information contained on the individual's identification matches the individual presenting the identification; and
(c) If applicable, the information contained on the individual's identification matches the information provided in the order.
(2) Each dispensary shall not dispense to an adult-use consumer more than the following amounts of cannabis per day:
(a) 2.5 ounces of plant material; and
(b) Cannabis products with a total THC content of no more than fifteen thousand milligrams.
(c) For purposes of section 3780.36 of the Revised Code and this paragraph, the following applies:
(i) When calculating 2.5 ounces of plant material, the following forms apply:
(a) Cannabis plant material; and
(b) Raw-single serving units.
(ii) Except as provided by this paragraph, all other products apply towards the adult-use consumer's cannabis product limitation of fifteen thousand milligrams of total THC content as outlined in paragraph (A)(2)(b) of this rule.
(3) Each package of cannabis sold is in the original, child resistant and tamper evident packaging intended for direct customer sale as delivered by the originating entity;
(4) Each package of cannabis sold is affixed with the following information:
(a) The dispensary's business name or registered tradename; and
(b) The dispensary's license number.
(5) Any and all cannabis sold by the dispensary is documented in the state inventory tracking system;
(6) All sales adhere to all applicable taxes; and
(7) Upon completion of each sale, each adult-use consumer is furnished with a receipt evidencing the following information:
(a) The dispensary's business name;
(b) The dispensary's license number;
(c) The dispensary's business address and telephone number;
(d) The time and date of sale;
(e) A complete description of all items purchased;
(f) A complete description of any discounts applied;
(g) A separate line evidencing the following:
(i) The associated sales tax; and
(ii) The associated excise tax;
(h) If applicable, the dispensary's return policy; and
(i) Any other information deemed necessary by the division.
Last updated September 16, 2025 at 9:38 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-09 Dispensing Medical Cannabis.
Each dispensary shall ensure the following when dispensing medical cannabis:
(A) Prior to any sale, or the transfer of possession of any cannabis, a registered dispensary employee shall review the individual's:
(1) Valid, government-issued photographic identification containing the individual's date of birth and confirm the following:
(a) The individual is a patient at least eighteen years of age or older or a caregiver at least twenty-one years of age or older;
(b) The information contained on the individual's identification matches the individual presenting the identification; and
(c) If applicable, the information contained on the individual's identification matches the information provided in the order.
(2) Documentation evidencing the individual is a registered patient or caregiver; and
(3) If applicable, a veteran or indigent status.
(B) Notwithstanding any other provision, a dispensary shall dispense cannabis in an amount and manner consistent with any instructions for use as determined by the patient's recommending physician.
(C) Unless otherwise limited by a patient's recommending physician pursuant to paragraph (A)(2) of this rule, each dispensary shall not dispense more than the following amount of medical cannabis per day:
(1) To each registered patient:
(a) Ten ounces of medical cannabis plant material; and
(b) Cannabis products with a total THC content of no more than sixty thousand milligrams.
(2) To each registered caregiver:
(a) 2.5 ounces of plant material; and
(b) Cannabis products with a total THC content of no more than fifteen thousand milligrams.
(3) For purposes of sections 3780.36 and 3796.03 of the Revised Code and this paragraph, the following applies:
(a) When determining plant material, the following forms apply:
(i) Cannabis plant material; and
(ii) Raw-single serving units.
(b) Except as provided in this paragraph, all other cannabis products apply towards the medical patient or registered caregiver's cannabis products limitation for total THC content.
(D) The dispensary shall record all patient purchases of cannabis as follows:
(1) For transactions that are at or below 2.5 ounces of plant material and cannabis products with a total THC content of no more than fifteen thousand milligrams, a dispensary shall record the following information by close of business of the date of the transaction:
(a) All recommendations are serially numbered. All recommendations which are not refillable, either because of the dispensing of all refills or the length of time since issuance, shall be assigned a new serial number upon an authorization for additional dispensing by a recommending physician;
(b) Each recommendation is complete;
(c) Pursuant to rule 1301:18-3-14 of the Administrative Code, the patient record is updated for each sale with the following information:
(i) Dispensary license number;
(ii) Dispensary name;
(iii) Dispensary address;
(iv) Dispensary telephone number;
(v) Date order filled, which shall be the date cannabis is dispensed;
(vi) Order number, which shall be the serial number assigned to each cannabis product dispensed to a patient;
(vii) Quantity;
(viii) Days' supply. Any amount in excess of a whole day as defined in paragraph (C)(2) of this rule, shall be rounded to the next full day;
(ix) Product identifier;
(x) Payment code for either cash or third-party provider; and
(xi) Drug name, which shall be the brand name of the cannabis.
(2) For purchases in excess of 2.5 ounces of plant material and cannabis products with a total THC content of no more than fifteen thousand milligrams, each dispensary shall record all information outlined pursuant to this paragraph, contemporaneously with the transaction.
(E) Any and all cannabis sold by the dispensary is documented in the state inventory tracking system.
(F) Each package of cannabis sold is in the original, child resistant and tamper evident packaging intended for direct customer sale as delivered by the originating entity;
(G) Each package of medical cannabis is affixed with the following information:
(1) The dispensary's business name or registered tradename;
(2) The dispensary's license number;
(3) The patient's legal name;
(4) The patient's designated registry number; and
(5) If applicable, the name of the patient's designated caregiver.
(H) Upon completion of each sale, each customer is furnished with a receipt evidencing the following information:
(1) The dispensary's business name;
(2) The dispensary's license number;
(3) The dispensary's business address and telephone number;
(4) The time and date of sale;
(5) A complete description of all items purchased;
(6) A complete description of any discounts applied;
(7) If applicable, the dispensary's return policy; and
(8) Any other information deemed necessary by the division.
Last updated April 16, 2026 at 8:06 AM
History
- Effective: March 24, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-10 Dispensing Errors.
(A) Each dispensary shall establish, maintain, and comply with written policies and procedures for quality assurance that detect, identify, and prevent dispensing errors. A dispensary's quality assurance procedure shall include:
(1) At least once per calendar month, a dispensary responsible party oversees a quality assurance review of all dispensing errors to determine if such errors occurred due to deficiencies in the dispensary's standard operating procedures or quality assurance which led to non-compliance with any mandate outlined under division 1301:18 of the Administrative Code.
(2) Pursuant to rule 1301:18-3-14 of the Administrative Code, documentation of each quality assurance review with the following information:
(a) The date of review;
(b) The pertinent data and other information related to the dispensing error;
(c) Documentation of contact with all applicable consumers, patients, caregivers, and recommending physicians;
(d) The findings and determinations generated by the quality assurance review; and
(e) If applicable, recommended changes to dispensary policy, procedure, systems, or processes to prevent similar dispensing errors.
(3) In accordance with paragraph (A)(1) of this rule, upon discovery that such errors rise to the level of ongoing operational deficiencies, the dispensary shall notify the division in writing of such concerns and submit a written plan of corrective action to alleviate and mitigate same or similar occurrences proceeding.
(4) Communication to the following individuals outlining the details of a dispensing error:
(a) All dispensary responsible parties and any employees directly involved in the error;
(b) All applicable patients, caregivers, and recommending physicians; and
(c) If known, all applicable adult-use consumers.
(d) The communication is to include methods of correcting the dispensing error or reducing the negative impact of the error on qualifying patients.
(5) Displaying a sign concerning the reporting of dispensing errors in a conspicuous location visible to customers. The sign shall:
(a) Measure a minimum of eight inches in height and ten inches in width and the lettering shall be in a size and style that allows such sign to be read without difficulty;
(b) Read: "If you have a concern that an error may have occurred in the dispensing of your cannabis, you may contact the Division of Cannabis Control's Cannabis Service Center at DCC@com.ohio.gov or 1-833-464-6627."
Last updated November 3, 2025 at 7:35 AM
History
- Effective: November 3, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-11 Dispensary Discounts.
(A) A dispensary may offer discounts in accordance with the following mandates:
(1) The dispensary establishes, maintains, and complies with written policies and procedures for discounts that ensure:
(a) Any discount is offered to all patients registered as indigent or veteran; and
(b) Any discount offered to an adult-use consumer is also offered to all registered patients and caregivers.
(c) All patients registered under division 1301:18 of the Administrative Code who are also a registered employee of a licensed entity under division 1301:18 of the Administrative Code and:
(i) The employee presents their employee identification card in addition to the identification required under rule 1301:18-10-01 of the Administrative Code; and
(ii) The discount does not exceed the discount offered in accordance with paragraph (A)(1)(a) of this rule.
(d) Any discount offered to a veteran, does not exceed the discount offered in accordance with paragraph (A)(1)(a) of this rule.
(B) Dispensary employees shall not receive rebates or discounts on cannabis offered by a cultivator, processor, or third-party entity.
Last updated September 16, 2025 at 9:38 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-10-01
(A) An individual is mandated to register with the division of cannabis control and in accordance with this rule prior to purchasing, possessing, or administering medical cannabis.
(B) To qualify for placement on the registry, a prospective patient is to meet the following mandates:
(1) Establish and maintain a bona fide physician-patient relationship with a recommending physician;
(2) Receive a diagnosis or confirmation of a qualifying condition from the recommending physician;
(3) Submit a complete registration as outlined under paragraph (C) of this rule; and
(4) Unless otherwise provided pursuant to a reciprocal agreement under division (A) of section 3796.16 of the Revised Code, be an Ohio resident.
(C) Registration submission.
The recommending physician shall submit the following, in a manner prescribed by the division, on behalf of the patient:
(1) All of the following patient information:
(a) For a patient who is eighteen years of age or older, the following:
(i) Patient's full legal name;
(ii) Residential address;
(iii) Telephone number;
(iv) Electronic mail address;
(v) Qualifying condition(s);
(vi) The prospective patient's valid, unexpired government issued photographic identification number, evidencing that the individual is at least eighteen years of age; and
(vii) The following patient attestations:
(a) The physician has explained to the individual the possible risks and benefits associated with the use of medical cannabis;
(b) The individual consents to treatment with medical cannabis; and
(c) The individual agrees to comply with Chapters 2925., 3780., and 3796. of the Revised Code and division 1301:18 of the Administrative Code.
(b) For a patient who is a minor or an individual with a court-appointed legal guardian:
In addition to the information outlined in this rule:
(i) The prospective patient's parent or legal representative consent to treatment with medical marijuana; and
(ii) A caregiver registration submission in accordance with rule 1301:18-10-02 of the Administrative Code.
(c) Patients who become eighteen years of age during the time period in which their registration is valid may apply for a new registration either immediately or in accordance with the renewal process under paragraph (H) of this rule.
(2) The date the recommending physician issued the recommendation;
(3) Indication whether the recommendation is new or a renewal;
(4) The recommending physician's:
(a) Full legal name;
(b) Drug enforcement administration physician identification number;
(c) Medical license number issued by the state medical board;
(d) Business address;
(e) Telephone number;
(f) Electronic mail address;
(g) And the following attestation(s) if applicable:
(i) An attestation in accordance with division (A)(2) of section 3796.08 of the Revised Code; and
(ii) For a patient diagnosed with a terminal illness as defined under rule 1301:18-1-01 of the Administrative Code, the recommending physician shall execute and submit an attestation the patient has a terminal illness.
(D) A complete patient registration submission must be received by the division within ninety calendar days of the date the recommending physician issued the recommendation.
(1) If a registration submission is determined to be inaccurate or incomplete, the division will send the patient notice of the deficiency.
(2) If the deficiency is not corrected within ninety calendar days from the date that the registration was submitted by the recommending physician, the submission shall be considered a stale registration as defined by rule 1301:18-1-01 of the Administrative Code.
(E) Patient registrations are non-transferrable
(1) Patients shall not permit another person to use their patient registration.
(2) Before purchasing medical cannabis, patients must provide the dispensary employee the following:
(a) Their registry identification card; and
(b) A copy of the patient's valid, unexpired government issued photographic identification.
(3) Patients shall carry their registry identification with them whenever they are in possession of medical cannabis.
(F) Except as authorized under rule 1301:18-10-02 of the Administrative Code, a patient may not designate more than two caregivers.
(G) If a patient requests permission to change a caregiver before renewal, the patient is to do the following:
(1) Submit a change of caregiver request to the recommending physician, or, subject to the limitations under section 3796.08 of the Revised Code, the physician's delegate, who shall set forth the reasons the patient seeks to change caregivers and conform with the caregiver registration mandates under rule 1301:18-10-02 of the Administrative Code.
(2) The division will approve a new caregiver if the individual meets the mandates of Chapter 3796. of the Revised Code and division 1301:18 of the Administrative Code.
(H) A patient registration shall be valid from the date of issuance and expire one year later, on the last day of the month it was issued.
(1) At any time, a patient may voluntarily relinquish their patient medical cannabis registration by notifying the division in writing.
(2) The division will send a notification to each patient forty-five calendar days before the expiration date on the patient's registry identification card.
(3) Renewal submissions and required documentation may be submitted up to thirty calendar days before the registration will expire.
(4) Failure to renew a patient registration will result in an automatic expiration of the registration card.
(5) Patients shall dispose of all medical cannabis within seven calendar days of the expiration of their registration.
Last updated December 20, 2024 at 7:45 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-12 Dispensary Returns.
(A) Each dispensary shall establish, maintain, and comply with written policies and procedures pertaining to any cannabis purchased from its facility and returned by a registered patient, caregiver, or adult use consumer, and ensure the following, at a minimum:
(1) Each dispensary is to accept the following cannabis returned by a customer within thirty calendar days of the date of purchase:
(a) Defective product, that shall be destroyed and disposed of by the dispensary in accordance with rule 1301:18-3-12 of the Administrative Code;
(b) Product that does not match the item stated on the purchase receipt; or
(c) Cannabis mislabeled by the cannabis entity that produced the product.
All cannabis returned to a dispensary due to mislabeling by a cultivator or processor must be reported to the division in a manner prescribed by the division.
(2) The customer is provided a refund of the purchase price of the product contemporaneously with the return, and, if applicable, revise the patient's days' supply to reflect the returned product.
(3) Each dispensary's return policy is conspicuously posted to all customers as follows:
(a) On the dispensary's business website; and
(b) Either:
(i) On each receipt furnished to all registered patients, caregivers, and consumers; or
(ii) At each point of sale at the licensed premises.
(B) A dispensary's return policy may be more expansive than the provisions outlined in this rule so long as the dispensary establishes, maintains, and complies with written policies and procedures for such returns and provisions.
Last updated November 3, 2025 at 7:36 AM
History
- Effective: November 3, 2025
- Promulgated Under: 119.03
Chapter 1301:18-9 Cannabis Facility Inspections
Ohio Adm.Code 1301:18-9-01 Cannabis Facility Inspections.
(A) The Ohio division of cannabis control may, at any time, with or without notice, conduct an inspection to ensure compliance with all representations made to the division, state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(B) Notwithstanding the requirements of division 1301:18 of the Administrative Code, nothing shall prohibit the Ohio division of cannabis control, the division's designee, law enforcement, or other federal, state, or local government officials from entering any area of a cannabis entity's licensed premises if necessary to perform their governmental duties.
(C) The submission of an application that results in the issuance of a provisional license or certificate of operation irrevocably gives the Ohio division of cannabis control consent to conduct all inspections necessary to ensure compliance with state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(1) The Ohio division of cannabis control may conduct the inspection independently, or may work with third parties, other divisions, state agencies, or local authorities, including the Ohio division of agriculture, the division of industrial compliance, and the division of state fire marshal, to ensure compliance with, state and local law, Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(2) An inspection of a licensee may include, without limitation, investigation of standards for safety from fire on behalf of the division by the local fire protection agency.
If a local fire protection agency is not available, the division of state fire marshal may conduct the inspection after the licensee pays the appropriate fee to the division of state fire marshal for such inspection.
(D) Pursuant to an inspection, the division may do any of the following:
(1) Access and inspect:
(a) The entirety of the licensed premises, including any off-site facilities;
(b) Any area within the licensed premises;
(c) Any secure, limited access area or other locked area of the licensed premises;
(d) Facility motor vehicles;
(e) All inventory; and
(f) All equipment, instruments, tools, containers, materials, machinery, or any other resource utilized at the licensed premises;
(2) Obtain samples for testing of any cannabis maintained at the licensed premises, media used to grow cannabis, chemicals and ingredients used in any cultivation, manufacturing, and extracting process, any labels or containers for cannabis, or any raw packaged cannabis.
(3) Question and interview registered responsible parties, owners, officers, board members, and all other employees or agents of the licensee;
(4) Review any and all policies and procedures; and
(5) Make and obtain copies of any and all records pursuant to rule 1301:18-3-17 of the Administrative Code.
(E) Prior to the issuance or renewal of a certificate of operation or change of location each licensee must pass a pre-approval inspection to ensure the licensed premises comply with all of the following:
(1) All representations made to the division;
(2) All specifications outlined in written policies and procedures as required by this chapter;
(3) All requirements outlined under Chapters 3780. and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code.
(4) The pre-approval inspection will occur at a mutually agreeable time.
(5) Upon the completion of the pre-approval inspection, the division may issue either of the following:
(a) A certificate of operation in accordance with this division; or
(b) A written statement listing the deficiencies identified during the inspection that must be remedied before a certificate of operation will be issued by the division.
(F) Following an inspection conducted pursuant to this rule, the division will issue an inspection report that documents the following:
(1) The observations and findings of the inspections;
(2) The outcome of the inspection;
(3) Any suggestions for the licensee to take into consideration; and
(4) If applicable, a written statement listing the deficiencies identified during the inspection pursuant to paragraphs (E)(5)(b) and (G) of this rule.
(G) Deficiencies
(1) Upon receipt of a statement of deficiencies, unless otherwise authorized by the division, the licensee shall develop a plan of correction for each deficiency and submit the plan in writing to the division for review and approval within ten business days of receipt of the statement of deficiencies.
(a) The plan of correction must include specific requirements for corrective action that will be performed within thirty calendar days after the division's approval of the plan of correction
(b) If the plan of correction submitted is not acceptable to the division, the division may either direct the licensee to resubmit a plan of correction or the division may develop a directed plan of correction with which the licensee must comply.
(2) Upon approval of the written plan of correction, the licensee shall sign the plan of correction, binding the licensee to the terms under which the licensee may be issued a certificate of operation.
(a) If the licensee and the division are unable to come to terms on the written plan of correction, the division may take action in accordance with Chapter 1301:18-9 of the Administrative Code.
(3) The division will re-inspect a licensee upon the completion of the written plan of correction.
(a) If the corrective measures meet the division's satisfaction, the division will issue a certificate of operation.
(b) If the corrective measures do not meet the requirements of the written plan of correction, the division may take action in accordance with Chapter 1301:18-9 of the Administrative Code.
(H) If an inspector finds evidence of operational failures or conditions that create a likelihood of diversion, contamination, risk to public health, or a violation of any representation made to the division, state and local law, Chapters 3780 and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780 and 3796. of the Revised Code, the division may take any action authorized under Chapter 1301:18-9 of the Administrative Code.
(I) To prevent destruction of evidence, diversion, or other threats to public safety, the division may order an administrative hold of cannabis or cannabis products or any records of any licensee. The division may assess the costs of an investigation, including travel and the time of any and all division employees, to a licensee.
Last updated December 20, 2024 at 7:45 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-9-04 Product Alerts and Recalls.
(A) Each licensee shall establish, maintain, and comply with written policies and procedures to conduct product alerts and recalls of cannabis and ensure the following:
(1) A designated recall coordinator is trained and prepared to manage complaint and product investigations. The designated recall coordinator is responsible for:
(a) Communicating timely and accurate information to the division of cannabis control.
(b) Maintaining up-to-date communication and contact lists for the licensee's recall team members.
(2) Each of the following elements are included:
(a) Identification of the product name, unique product identification, description, batch or lot number;
(b) Identification of any reports or complaints made to the licensee about the product;
(c) Inventory and sales review of the affected products including products in the licensee's inventory, products transferred, dispensaries transferred to, and products sold;
(d) Adequate product quarantine steps; and
(e) Notification templates for the groups described in paragraph (A)(4) of this rule.
(3) Appropriately address product alerts and recalls, whether initiated by the licensee or by the division.
(4) All affected product is immediately quarantined from other viable inventory intended for distribution and maintained in a secure location.
(5) The licensee notifies the following individuals about the alert or recall:
(a) All associated licensees that cultivated, processed, or dispensed the affected cannabis;
(b) All patients who have, or likely have, obtained the affected product;
(c) All customers who have, or may have, obtained the affected product are notified via a conspicuous posting at the dispensary of the alert or recall notice by each dispensary where the product was sold;
(d) The communication must include information on the process for return of the recalled product; and
(e) If the alert or recall is initiated by a licensee, notification to the division immediately after initial determination that an alert or recall is necessary and proper.
(6) Pursuant to paragraph (A)(5) of this rule, the licensee contains the following information within the notice:
(a) The business name and license number of all licensed entities that received the affected product;
(b) The product identity;
(c) Product description;
(d) Net contents;
(e) Batch or lot number; and
(f) If applicable, notice that the customer must return the affected product within thirty calendar days of the notice to receive a refund and revision of a patient's days' supply.
(7) In the event of a product alert or product recall directs a customer to return the affected product to a dispensary, the dispensary shall do the following:
(a) If the product is returned within thirty calendar days of the notice, accept any unused affected product;
(b) If the dispensary has established a more expansive return policy in accordance with rule 1301:18-8-12 of the Administrative Code and the product is returned within that policy, accept any affected product;
(c) Provide the customer a refund of the purchase of the product contemporaneously with the return; and
(d) If applicable, revise the patient's days' supply to reflect the returned product.
(e) Unless otherwise authorized by the division, the dispensary shall destroy and dispose of any cannabis returned pursuant to this rule in accordance with rule 1301:18-3-12 of the Administrative Code.
(B) [Reserved.]
Last updated August 28, 2025 at 7:35 AM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-12
(A) Each dispensary shall establish, maintain, and comply with written policies and procedures pertaining to any cannabis purchased from its facility and returned by a registered patient, caregiver, or adult use consumer, and ensure the following, at a minimum:
(1) Each dispensary is to accept the following cannabis returned by a customer within thirty calendar days of the date of purchase:
(a) Defective product, that shall be destroyed and disposed of by the dispensary in accordance with rule 1301:18-3-12 of the Administrative Code;
(b) Product that does not match the item stated on the purchase receipt; or
(c) Cannabis mislabeled by the cannabis entity that produced the product.
All cannabis returned to a dispensary due to mislabeling by a cultivator or processor must be reported to the division in a manner prescribed by the division.
(2) The customer is provided a refund of the purchase price of the product contemporaneously with the return, and, if applicable, revise the patient's days' supply to reflect the returned product.
(3) Each dispensary's return policy is conspicuously posted to all customers as follows:
(a) On the dispensary's business website; and
(b) Either:
(i) On each receipt furnished to all registered patients, caregivers, and consumers; or
(ii) At each point of sale at the licensed premises.
(B) A dispensary's return policy may be more expansive than the provisions outlined in this rule so long as the dispensary establishes, maintains, and complies with written policies and procedures for such returns and provisions.
Last updated November 3, 2025 at 7:36 AM
History
- Effective: November 3, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-12
(A) All licensees shall destroy and dispose of all excess, unwanted, outdated, deteriorated, adulterated, or misbranded cannabis under video surveillance and in a manner as to render the cannabis unusable and non-retrievable.
(B) All cannabis intended for destruction shall be weighed and recorded into the state inventory tracking system, separated from other viable inventory intended for distribution, and maintained in a secure location.
(C) Cannabis intended for disposal shall be weighed and recorded into the statewide inventory tracking system.
(D) Pursuant to paragraph (A) of this rule, cannabis shall be rendered unusable and non-retrievable by grinding and incorporating the waste with one or more of the following materials such that the resulting mixture is at least fifty-one per cent non-cannabis waste:
(1) Paper waste;
(2) Cardboard waste;
(3) Food waste;
(4) Yard or garden waste;
(5) Grease or other compostable oil waste;
(6) Bokashi, or other compost activators; or
(7) Any other waste as approved by the division.
(E) Licensed entities shall conduct all cannabis destruction and disposal in a secure, limited access area that is surveilled and accessible only to registered employees.
(F) In addition to paragraph (C) of this rule, all licensed entities shall maintain records of all cannabis destruction and disposal in accordance with rule 1301:18-3-16 of the Administrative Code and memorialize the following information for each occurrence:
(1) Manner of destruction;
(2) Rationale for destruction;
(3) Date and time of disposal;
(4) The volume or weight of the associated waste; and
(5) If applicable
(a) The registered strain or product name and form;
(b) The date of production or removal from production;
(c) Assigned state inventory tracking information.
(G) Licensed entities shall ensure that all other non-cannabis waste, including hazardous materials, is disposed of in a manner consistent with state and federal law. For purposes of this rule, non-cannabis waste includes the following:
Stalks, stems, fan leaves, or roots of the cannabis plant.
Last updated October 31, 2024 at 9:34 AM
History
- Effective: October 31, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-9-05 Ohio Division of Cannabis Control Enforcement Authority.
Pursuant to Chapters 3780. and 3796. of the Revised Code, the rules set forth in division 1301:18 of the Administrative Code establish standards for the oversight and enforcement of the cultivation, processing, testing, and dispensing of cannabis.
Division 1301:18 of the Administrative Code also establishes legal standards for the denial, suspension, or revocation of licenses issued by the division of cannabis control pursuant to Chapters 3780. and 3796. of the Revised Code.
If any portion of rules in this division is found to be invalid, the remaining portion of this rules in this division shall remain in full force and effect.
(A) The Ohio division of cannabis control has the following authority over all cultivators, processors, testing laboratories, and dispensaries issued a provisional license or certificate of operation, and employees issued a provisional badge or badge certificate whenever it appears to the division that a cannabis entity or individual engaged in, is engaged in, or is about to engage in any prohibited conduct or conduct otherwise not authorized by Chapters 3780. and 3796. of the Revised Code or the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code, or when the division believes that it is necessary for the program's administration, implementation, and enforcement:
(1) Pursuant to rule 1301:18-9-01 of the Administrative Code, at any time, with or without notice, conduct an inspection to ensure compliance with all representations made to the division, state and local law, Chapters 3780 and 3796. of the Revised Code, and the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code;
(2) Inspect, examine, or investigate any premises or motor vehicle where cannabis is grown, stored, cultivated, harvested, transported, processed, extracted, manufactured, tested, distributed, transferred, or dispensed and any inventory, equipment, instruments, and records in any way connected with any such activity;
(3) Issue requests for information, to which licensees are to respond in a manner prescribed by the division;
(4) Obtain samples of any cannabis or any other material maintained at the licensed premises;
(5) Obtain samples for testing of any cannabis maintained at the licensed premises, media used to grow cannabis, chemicals and ingredients utilized at the licensed premises, any labels or containers for cannabis, or any raw packaged cannabis;
(6) Investigate activities which are, or are suspected to be, prohibited;
(7) Refuse to issue a provisional license or certificate of operation;
(8) Refuse to renew a certificate of operation;
(9) Refuse to issue a provisional badge pursuant to rule 1301:18-3-09 of the Administrative Code;
(10) Refuse to issue a badge certificate pursuant to rule 1301:18-3-09 of the Administrative Code;
(11) Refuse to renew badge certificate pursuant to rule 1301:18-3-09 of the Administrative Code;
(12) Suspend or revoke a license or registration issued pursuant to Chapters 3780. and 3796. of the Revised Code or the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code;
(13) Upon finding clear and convincing evidence that continued distribution of cannabis presents a danger of immediate and serious harm to others, suspend without prior hearing a license or registration issued under Chapters 3780. or 3796. of the Revised Code.
(14) Issue a cease and desist order;
(15) Serve all summonses, subpoenas, administrative orders, notices, or other processes concerning the enforcement of laws regulating cannabis and cannabis products;
(16) Issue either administrative subpoenas ad testificandum or subpoenas duces tecum, or both, to compel the testimony of witnesses or the production of any books and records, in paper or electronic format, to be served by personal service or by certified mail, return receipt requested;
(a) If the subpoena is returned because of inability to deliver, or if no return is received within thirty calendar days of the date of mailing, the subpoena may be served by ordinary mail.
(i) If no return of ordinary mail is received within thirty calendar days after the date of mailing, service shall be deemed perfected and effectuated.
(ii) If the subpoena is returned because of inability to deliver, the division may designate a person or persons to effect either personal or residence service upon the witness.
(b) The person designated to effectuate personal or residence service under this paragraph may be the sheriff of the county in which the witness resides or may be found or may be any other duly designated person.
(c) The fees and mileage of the person serving the subpoena shall be the same as those allowed by the courts of common pleas in criminal cases, and will be paid from the funds of the division.
(17) Place conditions on an applicant, license, licensee, or registrant;
(18) Issue guidance on the requirements outlined pursuant to the rules promulgated pursuant to Chapters 3780. and 3796. of the Revised Code;
(19) To prevent destruction of evidence, diversion, or other threats to public safety, order an administrative hold of cannabis or any books and records of any licensee;
(20) Initiate and require a product advisory or recall of any cannabis when the division determines that there is reasonable probability that the cannabis is in violation of Chapter 3780. or 3796. of the Revised Code;
(21) Implement and mandate a recall of any cannabis when the division determines that there is reasonable probability that the cannabis is in violation of Chapters 3780. or 3796. of the Revised Code and use or exposure to the cannabis at issue constitutes a risk to public health or safety;
(22) Initiate, mandate, and implement the destruction of cannabis upon determination violates any requirement under Chapter 3780. or 3796. of the Revised Code;
(23) Assess the costs of an investigation, including travel and the time of any and all division employees, to a licensee;
(24) Impose a civil penalty in an amount not to exceed fifty thousand dollars for each violation, for any violation of Chapters 3780. and 3796. of the Revised Code or the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code;
(25) Exercise any other power or duty authorized by Chapters 3780. and 3796. of the Revised Code or the rules promulgated in accordance with Chapters 3780. and 3796. of the Revised Code;
(26) Sanctions described under this rule are not mutually exclusive and may be imposed in any combination; and
(27) Adjudicatory hearings will be conducted pursuant to Chapter 119. of the Revised Code.
(B) Upon receipt of a notice of deficiency by the Ohio department of taxation for failure to comply with all applicable taxes, the Ohio division of cannabis control shall suspend without prior hearing a license or registration issued under Chapter 3780. or 3796. of the Revised Code.
(1) The division will lift the suspension upon notification that a license or registrant is in compliance with all applicable taxes.
(2) In the event that all tax deficiencies are not alleviated within thirty calendar days of the suspension, the division will revoke the license or registration.
(C) If the division suspends, revokes, or refuses to renew any license issued under Chapter 3780. or 3796. of the Revised Code or determines that there is clear and convincing evidence of a danger of immediate and serious harm to any individual, the division may place under seal all cannabis owned by or in the possession, custody, or control of the associated licensed entity.
(D) If a license is voluntarily surrendered or is not renewed, the division may impose other penalties permitted by Chapter 3796. of the Revised Code or the rules promulgated in accordance with Chapter 3796. of the Revised Code, on any such license or licensee.
(E) A licensee whose certificate of operation has been suspended shall not sell, offer for sale, transport, or conduct any operations outside the facility related to cannabis.
(1) Employees of the facility may enter the premises of the facility for the necessary care and maintenance of the premises and any cannabis and cannabis products.
(2) The removal of cannabis from a cultivator, processor, or testing laboratory is strictly prohibited during an active suspension under division 1301:18 of the Administrative Code.
(3) During a suspension, a licensee may, at the direction and discretion of the division, update the state inventory tracking system.
(F) A licensee whose certificate of operation has been revoked shall:
(1) Adhere to the requirements outlined pursuant to rule 1301:18-3-15 of the Administrative Code; and
(2) Close the facility and prohibit anyone from entering the facility, other than employees with the division, law enforcement, or other individuals carrying out official duties related to the revocation of the certificate of operation.
(3) The revocation of a provisional license or certificate of operation shall immediately terminate the employee identification cards of persons employed by the licensee.
(G) Whenever the division revokes or suspends a cannabis entity license, it will notify local law enforcement, and county sheriff's office with applicable jurisdiction.
(H) Division employees will not serve as expert witnesses in private litigation. In addition, the division may move to quash any subpoena that seeks fact testimony from division employees in private litigation. The division may certify as to the status of any person as a licensee or registered employee of a licensee. Such certification shall be admissible in any court as prima-facie evidence as to the status of the person.
Last updated September 16, 2025 at 1:44 PM
History
- Effective: August 28, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-09
(A) Employee badge required
(1) Each licensee shall ensure all of the following associated individuals obtain an employee badge from the division of cannabis control prior to commencement of business:
(a) Any administrator or individual responsible for the daily operation of the facility;
(b) All owners, officers, and board members, of the licensee; and
(c) All employees and agents of the licensee.
(2) Each licensee shall ensure all associated individuals outlined under paragraph (A)(1) of this rule are appropriately designated as follows:
(a) Responsible party:
(i) Prior to the issuance or renewal of a certificate of operation, each licensee shall designate at least one, but not more than three individuals to serve as the licensee's responsible party.
(ii) The designated responsible party will manage the facility's daily operations and ensure compliance with all standard operating procedures.
(iii) A responsible party is to be physically present at the licensed premises at least twenty hours per week and be immediately available to communicate with facility staff or the division during any operating hours when they are not physically present.
(b) Owner or officer:
Any and all owners, officers, and board members of the licensee.
(c) Employee:
All other employees and agents of the licensee.
(B) Prior to petitioning the division for an employee badge, each licensee shall:
(1) Complete a thorough background evaluation to confirm the applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code; and
(2) Submit a receipt or transaction number confirming that the applicant submitted the following to the Ohio bureau of criminal identification as required by sections 3780.08 and 3796.12 of the Revised Code:
(a) A complete and accurate application for:
(i) An Ohio bureau of criminal identification records check; and
(ii) A federal bureau of criminal identification records check.
(b) Two fingerprint impressions; and
(c) Clearly indicated that both records checks be sent directly to the division.
(C) Application for employee badge
Pursuant to the application process, each licensee shall submit the following to the division on behalf of the applicant:
(1) A complete and accurate application on a form prescribed by the division evidencing the following applicant information:
(a) Full legal name;
(b) The applicant's intended employee designation, as outlined under paragraph (A)(2) of this rule;
(c) Telephone number that may be utilized during normal business hours;
(d) Electronic mail address; and
(e) Mailing address.
(f) All information provided must be in working order and readily available to receive voice messages, electronic messages, or other communication as applicable.
(2) The applicant submitted fingerprint impressions to the Ohio bureau of criminal identification for an Ohio and federal bureau of criminal identification records checks;
(3) The applicant does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the Administrative Code;
(4) A copy of the applicant's valid, unexpired government issued photographic identification evidencing that the applicant is at least twenty-one years of age;
(5) A clear, recognizable photographic headshot of the applicant, captured within the past six months of the date of submission;
(6) The business name and license number for any associated cultivator, processor, testing laboratory, or dispensary at which the applicant seeks employment;
(7) Individuals who have been a resident of the state of Ohio continuously for the past five years may apply for expedited renewal if the applicant consents for enrollment in the Ohio attorney general's retained applicant fingerprint database ("Rapback"), or other third-party database as determined by the division, that monitors publicly available databases for arrests and criminal convictions; and
(8) The non-refundable application fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(D) Provisional employee badge
(1) Upon receipt of a complete application, the division will issue the applicant a provisional employee badge.
(a) Each licensee shall print the applicant's provisional employee badge and ensure the applicant maintains the card on their person while conducting any business within the scope of their employment.
(b) The applicant may then immediately commence business at the associated licensee.
(c) Unless otherwise authorized by this rule, an applicant's provisional employee badge expires ninety calendar days after the date of issuance.
(2) A licensee may petition the division to extend an applicant's provisional employee badge for an additional ninety calendar days all of the following are met:
(a) The licensee submitted the extension request within ten business days of the provisional employee badge expiration;
(b) The licensee and applicant fulfilled all application requirements outlined under this rule; and
(c) Evidence that the licensee would suffer immediate irreparable harm should the extension be denied.
(E) Division review of application.
(1) During the pendency of the provisional employee badge, the division will review the employee badge application and accompanying Ohio and federal criminal identification records checks.
(2) After review of the application, the division may:
(a) Approve the application and issue a badge certificate;
(b) Deny the application; or
(c) Advise the licensee in writing that the applicant failed to meet all application requirements.
(3) Each licensee shall print the applicant's employee badge certificate and ensure the individual maintains the card on their person while engaged in any activity within the scope of their employment.
Each licensee shall ensure all employee badge certificates prevent unauthorized duplication of the badge.
(4) An employee badge certificate shall expire two years after the date of issuance.
(F) Deficiencies in applications.
(1) Upon determination by the division that a licensed entity failed to meet all requirements of paragraph (C) of this rule, the division will notify the associated licensed entity in writing of all deficiencies contained within the application.
(2) Within ten business days of receipt of written notification from the division, the licensee shall ensure that all deficiencies outlined are alleviated and submit any further documentation requested by the division.
(3) Should a licensee fail to cure all application deficiencies, the application shall be deemed abandoned.
(G) Failure to comply with application requirements.
Should a licensee fail to ensure all requirements of this rule are met, the division shall abandon the application and the licensee shall forfeit any non-refundable fee submitted to the division.
(H) Denial of application required.
The division shall deny an application for an employee badge pursuant to any of the following:
(1) The applicant was convicted of a disqualifying offense; or
(2) The applicant is not at least twenty-one years of age or older.
(I) Notification requirements.
(1) Each licensee shall notify the division of any of the following:
(a) Any employee badge that is lost, destroyed, stolen is to be immediately reported.
(b) Any modifications or changes to any information contained within their employee badge application within five business days of such change;
(c) A change of a designated responsible party within ten calendar days of the effective date of the appointment of a new designated responsible party.
(2) An individual registered pursuant to this rule arrested for activities that, if convicted, would constitute a disqualifying offense as defined by rule 1301:18-1-01 shall immediately notify the division.
If the associated licensed entity has knowledge of such arrest, it shall notify the division.
(3) In the event an individual is no longer employed or associated with a licensee, the licensee shall update all accompanying information provided to the division, within one business day and ensure that the employee badge certificate is returned and destroyed upon separation.
(J) Employee badge renewal.
(1) Pursuant to the renewal process, the licensed entity shall submit the following to the division on behalf of the applicant prior to the badge's expiration:
(a) A complete and accurate renewal application in a manner prescribed by the division; and
(b) The non-refundable renewal fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(K) An individual whose employee badge was revoked, and any individual whose actions directly caused a license entity's license revocation, is precluded from applying for an employee identification for at least five years from the date of revocation or final judicial decision upon of an order of revocation.
Last updated December 20, 2024 at 7:41 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-3-15
(A) In the event a licensee permanently ceases all business operations, the licensee shall provide written notice to the division of cannabis control at least ninety calendar days prior to the effective date of the closure.
(B) A licensee that intends to permanently cease all business operations under paragraph (A) of this rule shall submit a written closure plan to the division at least sixty calendar days prior to the effective date of the closure, and include, at a minimum, the following:
(1) The sale of cannabis inventory at market rate;
(2) The destruction of cannabis on hand at the facility on the effective date of the closure;
(3) The sale or removal of equipment and products ancillary to the business;
(4) The retention of all records required to be maintained in accordance with the applicable records retention schedules;
(5) The steps that will be taken to maintain compliance with these rules, and any other conditions required by the division until the approved closure date; and
(6) The closure and intended use of the premises at which the licensee was located.
(C) Within thirty calendar days of receipt of a licensee's closure plan, the division will review the plan and may:
(1) Approve the plan;
(2) Deny the plan; or
(3) Advise the licensee in writing that additional information is needed for review.
(D) Upon discontinuing business, the division shall not renew the certificate of operation.
(1) The licensee shall:
(a) Permanently cease all operations;
(b) Not engage in any activities authorized under this chapter; and
(c) Destroy the certificate of operation and all affiliated employee badges.
(E) If the closure is the result of an eviction notice, the licensed entity shall immediately notify the division of the eviction notice and the effective date of the notice.
This notice shall be provided prior to the licensed entity taking any steps to wind down and discontinue business operations.
Last updated December 20, 2024 at 7:42 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-9-06 Variances.
The division may grant variances from rules promulgated in accordance with Chapters 3796. and 3780. of the Revised Code when:
(A) The applicable provision is not statutorily mandated;
(B) The proposed variance is within public interest;
(C) Individuals will not be injured by the proposed variance; and
(D) The applicable provision would, in the particular case, be unreasonable or unnecessarily burdensome.
Last updated December 20, 2024 at 7:45 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Chapter 1301:18-10 Patients and Caregivers
Ohio Adm.Code 1301:18-10-01 Procedure for Patient Registration.
(A) An individual is mandated to register with the division of cannabis control and in accordance with this rule prior to purchasing, possessing, or administering medical cannabis.
(B) To qualify for placement on the registry, a prospective patient is to meet the following mandates:
(1) Establish and maintain a bona fide physician-patient relationship with a recommending physician;
(2) Receive a diagnosis or confirmation of a qualifying condition from the recommending physician;
(3) Submit a complete registration as outlined under paragraph (C) of this rule; and
(4) Unless otherwise provided pursuant to a reciprocal agreement under division (A) of section 3796.16 of the Revised Code, be an Ohio resident.
(C) Registration submission.
The recommending physician shall submit the following, in a manner prescribed by the division, on behalf of the patient:
(1) All of the following patient information:
(a) For a patient who is eighteen years of age or older, the following:
(i) Patient's full legal name;
(ii) Residential address;
(iii) Telephone number;
(iv) Electronic mail address;
(v) Qualifying condition(s);
(vi) The prospective patient's valid, unexpired government issued photographic identification number, evidencing that the individual is at least eighteen years of age; and
(vii) The following patient attestations:
(a) The physician has explained to the individual the possible risks and benefits associated with the use of medical cannabis;
(b) The individual consents to treatment with medical cannabis; and
(c) The individual agrees to comply with Chapters 2925., 3780., and 3796. of the Revised Code and division 1301:18 of the Administrative Code.
(b) For a patient who is a minor or an individual with a court-appointed legal guardian:
In addition to the information outlined in this rule:
(i) The prospective patient's parent or legal representative consent to treatment with medical marijuana; and
(ii) A caregiver registration submission in accordance with rule 1301:18-10-02 of the Administrative Code.
(c) Patients who become eighteen years of age during the time period in which their registration is valid may apply for a new registration either immediately or in accordance with the renewal process under paragraph (H) of this rule.
(2) The date the recommending physician issued the recommendation;
(3) Indication whether the recommendation is new or a renewal;
(4) The recommending physician's:
(a) Full legal name;
(b) Drug enforcement administration physician identification number;
(c) Medical license number issued by the state medical board;
(d) Business address;
(e) Telephone number;
(f) Electronic mail address;
(g) And the following attestation(s) if applicable:
(i) An attestation in accordance with division (A)(2) of section 3796.08 of the Revised Code; and
(ii) For a patient diagnosed with a terminal illness as defined under rule 1301:18-1-01 of the Administrative Code, the recommending physician shall execute and submit an attestation the patient has a terminal illness.
(D) A complete patient registration submission must be received by the division within ninety calendar days of the date the recommending physician issued the recommendation.
(1) If a registration submission is determined to be inaccurate or incomplete, the division will send the patient notice of the deficiency.
(2) If the deficiency is not corrected within ninety calendar days from the date that the registration was submitted by the recommending physician, the submission shall be considered a stale registration as defined by rule 1301:18-1-01 of the Administrative Code.
(E) Patient registrations are non-transferrable
(1) Patients shall not permit another person to use their patient registration.
(2) Before purchasing medical cannabis, patients must provide the dispensary employee the following:
(a) Their registry identification card; and
(b) A copy of the patient's valid, unexpired government issued photographic identification.
(3) Patients shall carry their registry identification with them whenever they are in possession of medical cannabis.
(F) Except as authorized under rule 1301:18-10-02 of the Administrative Code, a patient may not designate more than two caregivers.
(G) If a patient requests permission to change a caregiver before renewal, the patient is to do the following:
(1) Submit a change of caregiver request to the recommending physician, or, subject to the limitations under section 3796.08 of the Revised Code, the physician's delegate, who shall set forth the reasons the patient seeks to change caregivers and conform with the caregiver registration mandates under rule 1301:18-10-02 of the Administrative Code.
(2) The division will approve a new caregiver if the individual meets the mandates of Chapter 3796. of the Revised Code and division 1301:18 of the Administrative Code.
(H) A patient registration shall be valid from the date of issuance and expire one year later, on the last day of the month it was issued.
(1) At any time, a patient may voluntarily relinquish their patient medical cannabis registration by notifying the division in writing.
(2) The division will send a notification to each patient forty-five calendar days before the expiration date on the patient's registry identification card.
(3) Renewal submissions and required documentation may be submitted up to thirty calendar days before the registration will expire.
(4) Failure to renew a patient registration will result in an automatic expiration of the registration card.
(5) Patients shall dispose of all medical cannabis within seven calendar days of the expiration of their registration.
Last updated December 20, 2024 at 7:45 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-10-02
(A) An individual is mandated to register with the division in accordance with this rule prior to serving as a caregiver for a registered patient.
(B) To qualify for placement on the registry, a prospective caregiver is mandated to:
(1) Be all of the following:
(a) A natural person;
(b) At least twenty-one years of age or older; and
(c) A resident of the state of Ohio.
(d) Notwithstanding the age limitation in paragraph (B)(1)(b) of this rule, the parent of a minor patient who is eighteen years of age or older and who otherwise meets the requirements of Chapter 3796. of the Revised Code and this division, may serve as the minor patient's caregiver.
(2) Not be outlined in one or more of the following databases:
(a) The internet-based database of department of rehabilitation and correction inmates established under section 5120.66 of the Revised Code; or
(b) The Ohio medicaid provider exclusion and suspension list found at: http://medicaid.ohio.gov.
(3) Identify a registered patient for whom the individual intends to serve as a caregiver; and
(4) Submit a complete caregiver registration outlined under paragraph (C) of this rule.
(C) Registration submission.
(1) The recommending physician is to submit the following, in a manner prescribed by the division, on behalf of the caregiver:
(a) The date the recommending physician issued the recommendation;
(b) Indication whether the recommendation is new or a renewal;
(c) The recommending physician's:
(i) Full legal name;
(ii) Drug enforcement administration physician identification number;
(iii) Medical license number issued by the state medical board;
(iv) Business address;
(v) Telephone number; and
(vi) Electronic mail address.
(d) All of the following caregiver information:
(i) For a patient who is eighteen years of age or older:
(a) Patient's full name;
(b) Residential address;
(c) Telephone number;
(d) Electronic mail address; and
(e) The prospective caregiver's valid, unexpired government issued photographic identification number evidencing that the individual is at least twenty-one years of age;
(f) following caregiver attestations:
(i) The physician has explained to the individual the possible risks and benefits associated with the use of medical cannabis;
(ii) The individual agrees to serve as the caregiver for the patient identified in the application;
(iii) The individual agrees to control the dosage and frequency of use of medical cannabis in accordance with the physician's recommendation; and
(iv) The individual agrees to comply with Chapters 2925. and 3796. of the Revised Code and division 1301:18 of the Administrative Code.
(ii) For a caregiver whose prospective patient is younger than eighteen years of age:
In addition to the information outlined above:
(a) The prospective caregiver is the parent or legal representative of the individual under eighteen years of age; and
(b) The parent or legal representative understands the information provided by the recommending physician and knowingly consent to use of medical cannabis by the individual under eighteen years of age.
(e) Any other information the division mandates.
(D) A patient's recommending physician shall not serve as the patient's caregiver.
(E) A registered caregiver may purchase, possess, and administer medical cannabis to any patient associated with the caregiver's registration.
(1) Before purchasing medical cannabis, caregivers must provide the dispensary employee the following:
(a) Their registry identification card; and
(b) A copy of the caregiver's valid, unexpired government issued photographic identification.
(2) Caregivers shall carry their registry identification with them whenever they are in possession of medical cannabis.
(F) Caregiver registrations are non-transferrable.
(G) A caregiver shall not:
(1) Allow another individual to use their caregiver registration.
(2) Purchase medical cannabis without an associated active registered patient.
(3) Receive payment or other compensation for services provided as a caregiver other than reimbursement for reasonable expenses incurred in the provision of services as a caregiver.
In the case of an employee of a hospice provider, nursing facility, or medical facility, or a visiting nurse, personal care attendant, or home health aide serving as a caregiver, the individual shall not receive payment or compensation above or beyond his or her regular wages.
(4) Except as outlined under this rule, serve as a caregiver for more than two registered patients.
Upon a written request on a form in accordance with section 3796.04 of the Revised Code, the division may, in its discretion, permit an individual to serve as a caregiver for more than two patients, permit a patient to designate more than two caregivers, and permit an individual who is not a resident of the state of Ohio to serve as a caregiver pursuant to the following requirements:
(a) In order to avoid unnecessary hardship to the patient or patients;
(b) Where the patient's care is being provided in a hospice program licensed under Chapter 3712. of the Revised Code; or
(c) Where the caregiver is simultaneously caring for multiple patients who reside in the same household as the caregiver.
(d) Should a hospice provider wish to obtain an exception as outlined under this paragraph, it shall do the following:
(i) Register as caregivers all employees who will possess or administer medical cannabis in accordance with this rule; and
(ii) Notify the division when a patient with an active medical cannabis registration issued by the division is admitted to hospice pursuant to rule 3701-19-20 of the Administrative Code.
(H) A caregiver registration is valid from the date of issuance and expires one year later, on the last day of the month it was issued.
(1) At any time, a caregiver may voluntarily relinquish their caregiver medical cannabis registration by notifying the division in writing
(2) The division will send a notification to each caregiver forty-five calendar days before the expiration date on the caregiver's registry identification card.
(3) Renewal submissions and necessary documentation may be submitted up to thirty calendar days before the expiration.
(4) Failure to renew a caregiver registration will result in an automatic expiration of the registration card.
(5) Caregivers shall dispose of all medical cannabis within seven calendar days of the expiration of their registration.
Last updated December 20, 2024 at 7:45 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-1-01
(A) For purposes of this chapter, the following definitions shall apply:
(1) Abandoned application means an application submitted pursuant to division 1301:18 of the Administrative Code which does not meet the minimum eligibility requirements for review, or is otherwise deemed abandoned pursuant to this chapter, and is removed from the application process.
(2) Adult-use consumer: means an individual who is at least twenty-one years of age.
(3) Adulterated cannabis means marijuana as defined by division (A)(1) of section 3796.01 of the Revised Code in which any of the following applies:
(a) A substance has been mixed or packed with the cannabis so as to reduce the quality or strength or the substance has been substituted wholly or in part for the cannabis;
(b) It consists, in whole or in part, of any filthy, putrid, or decomposed substance, including mold, mildew, and other contaminants;
(c) It has been produced, processed, prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or
(d) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.
(4) Advertisement or advertising means any written or verbal statement, illustration, or depiction created, intended, or otherwise calculated to induce sales, through a combination of letters, pictures, objects, lighting effects, illustrations, or other similar means, regardless of form, location, or medium.
(5) Batch number means a unique numeric or alphanumeric identifier assigned prior to testing to allow for inventory tracking and traceability.
(6) Bona fide physician-patient relationship has the same meaning as used in the rule promulgated by the state medical board of Ohio under section 4731.301 of the Revised Code.
(7) Cannabis clone means a non-flowering cannabis plant cut from a mother plant that is no taller than twelve inches and is capable of developing into a new plant.
(8) Cannabis container: a sealed, hard or soft-bodied receptacle in which cannabis or cannabis products are directly placed.
(a) A cannabis container that is not subsequently placed into any secondary package as defined by this rule, shall adhere to all packaging and labeling requirements outlined under rule 1301:18-4-20 of the Administrative Code.
(b) A cannabis container does not mean:
(i) Inner wrapping or lining;
(ii) Any associated device used to administer the cannabis;
(iii) An exit package; or
(iv) Packaging used to transfer cannabis in bulk from one licensee or to another.
(9) Cannabis device means any portable, hand-held cannabis mechanism sold with cannabis or cannabis products utilized for administering the materials contained within. This includes, vaporizers, cannabis inhalers, oral syringe used to administer oil for cannabis extracts intended for oral administration, paper or other materials intended for use in a raw or infused single serving units, and other similar materials.
(10) Cannabis inhaler means a device to administer aerosolized cannabis concentrate and does not further decarboxylate THCA by heated vaporization or combustion.
(11) Cannabis product means any product manufactured by a cannabis processor that is in the final form intended for consumption. A cannabis product contains cannabis extract or dried cannabis plant material, which may be in combination with other approved ingredients to create the final product. This includes, but is not limited to, oils, tinctures, edibles, patches, single serving units, combination inhalable products, vaporization solutions, and any forms approved under division 1301:18 of the Administrative Code.
(12) Church means a church as defined by section 1710.01 of the Revised Code.
(13) Combination inhalable product means a product created by combining one or more cannabis products, including cannabis extracts, with dried plant material into a final form which is intended for inhalation. Combination inhalable products may only be created using cannabis products and dried plant material which passed all state-required testing just prior to use as a component.
(14) Complete registration means the following:
(a) Patient full name;
(b) Patient residential address;
(c) Patient telephone number;
(d) Patient date of birth;
(e) Patient qualifying condition;
(f) State-issued identification number (such as driver's license number) or other identification approved by the division;
(g) Patient registration number;
(h) Recommending physician's full name (first name and last name);
(i) Recommending physician's drug enforcement administration identification number;
(j) Recommending physician's medical license number issued by the state medical board;
(k) Recommending physician's certificate to recommend identification issued by the state medical board;
(l) Date recommendation was issued by the recommending physician;
(m) Recommending physician's business address, telephone number, and email address;
(n) Indication whether the recommendation is new or a refill;
(o) Number of the refill being dispensed; and
(p) Date order written, which shall be the date the written recommendation was issued.
(15) Control means the ability to make or significantly influence the strategic policies or management decisions ordinarily reserved for the majority owners or board of directors of a "person" as defined under these rules. Control may be established through ownership, contract, or otherwise; provided control will not be imputed on a bank or licensed lending institution that holds a mortgage or other lien on the person acquired in the ordinary course of business.
(a) When determining whether a person is exercising control, or has the ability to exercise control, over another, the division may consider, among other factors, whether, and to what extent, the person has any power to do the following on behalf of another:
(i) Adopt or amend governance documents, including articles of incorporation, articles of organization, bylaws, operating agreements, or buy-sell agreements.
(ii) Cause or prevent a merger, dissolution, equity sale, or asset sale.
(iii) Elect or remove directors or officers; or elect or remove other positions that exercise authority similar to those of a director or an officer in an Ohio corporation.
(iv) Exercise voting power similar to a shareholder in an Ohio corporation.
(v) Exercise voting power similar to a director in an Ohio corporation.
(vi) Call meetings of the directors or owners.
(vii) Regulate the authority of the owners, directors, or officers.
(viii) Issue shares, membership interest, or similar equity.
(ix) Declare dividends or distributions.
(x) Enter into contractually binding agreements.
(xi) Authorize a mortgage, pledge, lien or deed of trust on any real property or personal property.
(xii) Hire or fire organizations that manage day-to-day operations.
(b) In addition to the listed factors, the division may consider any other factors listed under paragraph (A)(1) of this rule it deems relevant. Control may be established whether one, any or none of the factors listed are present.
(16) Cultivation area means the boundaries of the enclosed areas in which adult use cannabis is cultivated during the vegetative stage and flowering stage of the cultivation process. For purposes of calculating the cultivation area square footage, enclosed areas used solely for the storage and maintenance of mother plants, clones, or seedlings shall not be included.
(17) Customer: means an adult-use consumer or registered medical patient or caregiver within the context of purchasing cannabis at a licensed dispensary.
(18) Disqualifying offense means a conviction or plea of guilty, including conspiracy to commit, attempt to commit, or aiding and abetting another in committing, the following:
(a) Any offense set forth in Chapter 2925, 3719, or 4729. of the Revised Code, the violation of which constitutes a felony or a misdemeanor of the first degree;
(b) Any theft offense set forth under division (K) in section 2913.01 of the Revised Code, the violation of which constitutes a felony;
(i) Any violation for which a penalty was imposed under section 3715.99 of the Revised Code;
(ii) A crime of moral turpitude as defined in section 4776.10 of the Revised Code; or
(iii) A violation of any former law of this state, any existing or former law of another state, any existing or former law applicable in a military court or Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any of the offenses listed in paragraphs (A)(15)(a)(iv) to (A)(15)(a)(iv) of this rule.
(c) Any first-degree misdemeanor offense listed in paragraphs (A)(15)(a)(i) to (A)(15)(a)(v) of this rule will not automatically disqualify an applicant from licensure if the applicant was convicted of or pleaded guilty to the offense more than five years before the date the application for licensure is filed.
(d) Notwithstanding paragraph (A)(1) or (A)(2) of this rule, no misdemeanor offense, including misdemeanors of the first degree, related to cannabis possession, cannabis trafficking, illegal cultivation of cannabis, illegal use or possession of drug paraphernalia or cannabis drug paraphernalia, or other cannabis related crimes shall be considered a disqualifying offense.
(19) Dual-use license means a license issued by the division that allows:
(a) A cultivator to engage in all permissible activities outlined under sections 3796.18, 3780.12, and 3780.13 of the Revised Code.
(b) A processor to engage in all permissible activities outlined under sections 3796.19 and 3780.14 of the Revised Code.
(c) A testing laboratory to engage in all permissible activities outlined under sections 3796.21 and 3780.16 of the Revised Code.
(d) A dispensary to engage in all permissible activities outlined under sections 3796.20 and 3780.15 of the Revised Code.
(20) Facility visitor means any individual seeking to enter the premises of a licensed entity who does not maintain a valid employee badge pursuant to rule 1301:18-3-09 of the Administrative Code and is not a registered patient, caregiver, or adult-use consumer within a dispensary's retail area.
(21) Final form means the form of cannabis as manicured, trimmed, manufactured, or processed and intended for customer sale.
The intended form of cannabis immediately prior to submission to a testing laboratory licensed pursuant to division 1301:18 of the Administrative Code for all state-required testing. For purposes of submission of final form cannabis for any state-required testing, final form cannabis may, but is not mandated to be, placed in a container or package.
(22) Financial interest means any actual or future right to ownership, or investment, with another person, either directly or indirectly, through business, investment, spouse, parent, or child, in licensed cannabis business. Financial interest does not include ownership of investment securities in a publicly-held corporation that is traded on a national securities exchange or over-the-counter market in the United States, provided the investment securities held by the person and the person's spouse, parent, or child, in the aggregate, do not exceed ten per cent ownership in the licensed cannabis entity.
(23) Flowering stage means the stage of cultivation where and when a cannabis plant is cultivated to produce plant material for products. This includes mature plants which are identified by:
(a) If greater than two stigmas are visible at each internode of the plant; or
(b) If the cannabis plant is in an area that has been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation, from the exact moment the light deprivation has started to occur and for the remainder of the cannabis plant growth cycle in such area.
(24) Health-related statement means any statement, term, reference, or claim related to health and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption or administration of cannabis, or any compound, ingredient, additive, or any combination thereof, found within a cannabis product, and health benefits or effects on health. This includes both specific health claims and general references to alleged health benefits or effects on health associated with the consumption of cannabis. This also includes anything that implies a physical, physiological, or psychological sensation or effect resulting from the consumption or administration of cannabis. Health-related statement also includes statements, symbols, vignettes, or other forms of communication that suggest, within the context in which they are presented, that a relationship exists between the consumption or administration of cannabis and any alleged health benefit.
(25) Indigent status means an individual enrolled in the federal "Social Security Disability Income" (SSDI) or the "Supplemental Security Income" (SSI) disability programs, a copy of a letter or other documentation from the United States social security administration with the individual's identification or other documentation as determined by the division.
(26) Infused single serving unit is a combination inhalable product that consists of dried plant material and cannabis extract, wrapped in rolling paper. The cannabis extract may be included in the product by combining with the dried plant material, applying to the rolling paper, or both. A lot of infused single serving units may not exceed thirty-five thousand units.
(27) Licensed premises means the real property, including any facility, building, storage areas, parking lot or areas, and any surrounding curtilage, to which any person licensed pursuant to division 1301:18 of the Administrative Code maintains ownership or control over via a valid lease or other formal written agreement and as represented to the division of cannabis control pursuant to an application for a license to cultivate, process, test, or dispense cannabis and reflected on the person's certificate of operation.
(28) Live plants means cannabis plants that are no greater than five feet in height and are still in the vegetative state and not flowering;
(29) Mother plant means a cannabis plant that is cultivated or maintained for the purpose of generating clones, and that will not be used to produce plant material for sale to a processor or dispensary.
(30) Ownership means a person's, direct or indirect, present ownership interest in a person, including membership interest in a limited liability company, shares of stock in a corporation, or similar equity interests in any other corporate person; or a person's beneficial interest or proprietary interest in an individual or group of individuals. The definition of ownership does not include passive equity interest of less than ten per cent in a licensed cannabis business which is for investment purposes only.
(31) Packaging intended for direct customer sale: the final cannabis packaging as presented, displayed, and sold to customers at a licensed dispensary. Packaging for direct customer sale, may include a cannabis container and secondary packaging, depending on the product type. All packaging for direct customer shall adhere to all mandates outlined for rule 1301:18-4-20 of the Administrative Code.
(32) Person includes, but is not limited to, an individual or a combination of individuals; a sole proprietorship, a firm, a company, a joint venture, a partnership of any type, a joint-stock company, a corporation of any type, a corporate subsidiary of any type, a limited liability company, a business trust, or any other business entity or organization; an assignee; a receiver; a trustee in bankruptcy; an unincorporated association, club, society, or other unincorporated entity or organization; entities that are disregarded for federal income tax purposes; and any other nongovernmental, artificial, legal entity that is capable of engaging in business.
(33) Product alert: A notice issued from the division to the public when it is determined that a cannabis product is not compliant with Chapter 3780. or 3796. of the Revised Code, or these rules, and has been sold to the public, but the deficiency does not reasonably constitute the product being unfit for consumption or a risk to public health and safety.
(34) Product recall: A notice issued from the division to the public when it is determined that a cannabis product which is not compliant with Chapter 3780. or 3796. of the Revised Code, or these rules, has been sold to the public, and the deficiency may cause serious adverse health consequences.
(35) Prohibited facility means a school, church, public library, public playground, or public park, as defined by this rule.
(36) Provisional license means a temporary license issued to a license applicant that establishes certain conditions that must be met by the provisional licensee before it may be issued a cultivator, processor, testing laboratory, or dispensary certificate of operation and engage in any authorized activity outlined under division 1301:18 of the Administrative Code.
(37) Public library means a library provided for under Chapter 3375. of the Revised Code.
(38) Public park means a park established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.
(39) Public playground means a playground established by the state or a political subdivision of the state including a county, township, municipal corporation, or park district.
(40) Range of total THC content means within ten per cent of the total THC content as defined by rule 1301:18-1-01 of the Administrative Code as reflected by the associated certificate of analysis.
(41) Raw single serving unit means a unit that is packed with dried cannabis plant material (such as trim, shake or ground flower) and wrapped in rolling paper. A raw single serving unit contains only dried cannabis plant material. A batch of raw single serving units must be wrapped in rolling paper prior to all state-required testing.
(42) Recommending physician means a physician, as defined by division (A)(5) of section 3796.01 of the Revised Code, that holds a valid certificate to recommend medical cannabis issued by the state medical board of Ohio under section 4731.30 of the Revised Code.
(43) Secondary packaging: if applicable, packaging that holds the cannabis container and does not come into direct contact with any cannabis. The packaging as presented for direct customer sale.
(44) School means a public or nonpublic primary school or secondary school and includes a childcare center as defined under section 5104.01 of the Revised Code, and a preschool, as defined section 2950.034 of the Revised Code.
(45) Shake means the loose, fragmented pieces of cannabis plant material that accumulate at the bottom of a bag or container. It consists of fragmented buds, broken leaves, and resinous trichomes (kief) that naturally separate during transportation or handling.
(46) Single day supply: means up to 2.5 ounces of plant material and cannabis products with a total THC content of no more than fifteen thousand milligrams for purposes of calculation of days and days' supply pursuant to division (B)(1) of section 3796.03 of the Revised Code.
(47) Test sample collector: means an individual who is a registered employee pursuant to rule 1301:18-3-09 of the Administrative Code who retrieves test samples from a licensed entity, conducts all required test sample collection, and adheres to all mandates pertaining to test sample collection on behalf of a testing laboratory licensed pursuant to division 1301:18 of the Administrative Code.
(48) Tetrahydrocannabinol or THC means the sum of the amount of delta-9 tetrahydrocannabinol (THC) and 87.7 per cent of the amount of delta-9-tetrahydrocannabinolic acid (THCA) present in the product or plant material. THC does not include minor cannabinoids
(49) Tetrahydrocannabinol content means tetrahydrocannabinol as defined by this rule and any artificially or naturally derived tetrahydrocannabinols, or any structural, optical or geometric isomers, or analogs of tetrahydrocannabinols derived cannabinoid with an intoxicating or psychoactive effect, as determined by the division of cannabis control.
(50) Trim means the sugar leaves and small pieces of cut-off buds that are intentionally pruned from the cannabis plant post-harvest as part of the trimming or manicuring phase, as well as the resinous trichomes (kief) that are dislodged from the cannabis plant incidental to trimming and manicuring activities.
(51) Veteran status means an individual that may provide the following:
(a) Department of defense identification card (active, retired, temporary disability retirement list (TDRL);
(b) DD214, DD215, or national guard bureau (NGB) military discharge certificate indicating disposition of discharge;
(c) Report of separation from the national archives national personnel records center in St. Louis, Missouri;
(d) Veterans identification card from the department of veterans affairs; or
(e) Other documentation as determined by the division.
(52) Vegetative stage means the stage of cultivation where and when a cannabis plant is propagated to produce additional cannabis plants or reach a sufficient size for production. This includes "seedlings," "clones," "mothers," and other immature cannabis plants identified by:
(a) Having no more than two stigmas visible at each internode of the cannabis plant and if the cannabis plant is in an area that has not been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation; or
(b) Any cannabis plant that is cultivated solely for the purpose of propagating clones and is never used to produce any cannabis intended for direct customer sale.
(B) [Reserved.]
Last updated August 24, 2026 at 2:20 PM
History
- Effective: October 9, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 3701-19-20
(A) A hospice care program shall not admit any individual who does not meet the diagnosis and life expectancy requirements of a hospice patient defined in paragraph (K) of rule 3701-19-01 of the Administrative Code.
(B) A hospice care program shall admit patients, provide care and services, and discharge or transfer patients without discrimination on the basis of sex, age, race, creed, national origin, or handicap.
(C) A hospice care program shall require that the patient or the patient's authorized representative sign an informed consent form. This form shall include an acknowledgment by signature of the patient or patient's representative, that they have been:
(1) Given a full explanation of the palliative rather than curative nature of hospice care as it relates to the patient's terminal illness; and
(2) Informed that the patient may withdraw consent at any time.
(D) A hospice care program shall permit a hospice patient to withdraw consent for hospice care at any time.
(E) A hospice care program shall provide a patient or the patient's representative with information regarding the scope of services provided by the hospice care program, including any limitations of the hospice care program and charges for the services.
(F) A hospice care program shall distribute a copy of the written policy established under division (A) of section 3712.062 of the Revised Code and paragraph (D) of rule 3701-19-21 of the Administrative Code, to the patient and patient's family and discuss the procedures included in the policy with the patient and patient's family before providing hospice care and services;
(G) Prior to or within forty-eight hours after admission of each patient, a hospice care program shall obtain an oral statement from the patient's attending physician, if any, and the medical director of the hospice care program or the physician member of the interdisciplinary team, certifying that the patient is terminally ill. The program shall obtain written confirmation of the oral statement after admission. The written certification statement shall be signed by the patient's attending physician, if any, and the medical director of the hospice care program or the physician member of the interdisciplinary team.
(1) The program should obtain from each patient's attending physician, if any, designation of an alternate physician to contact for emergency care of the patient or review of the patient's plan of care when the attending physician is not available; and
(2) The hospice care program should obtain written confirmation of the oral statement certifying that the patient is terminally ill within a reasonable period of time after admission.
Last updated December 29, 2025 at 2:54 PM
History
- Effective: December 29, 2025
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-10-03 Patient and Caregiver General Requirements.
(A) No patient under eighteen years of age shall purchase medical cannabis.
(B) Notwithstanding any other provision, patients and caregivers shall purchase, possess, and maintain medical cannabis in an amount, form, and manner consistent with any instructions or limitations as determined by the recommending physician.
(C) Unless otherwise limited pursuant to paragraph (B) of this rule, a patient shall not purchase, possess, or maintain more than the following amount of cannabis 2.5 ounces of medical cannabis plant material and cannabis products with a total THC content of fifteen thousand mg at any time except as follows:
(1) When transporting medical cannabis from a dispensary to their primary residence with the associated proof of purchase or receipt from the dispensary:
(a) 10 ounces of plant material; and
(b) Cannabis products with a total THC content of sixty thousand mg
(2) At their primary residence, not more than a ninety-day supply of medical cannabis within a ninety-day period.
A patient's ninety-day recommendation is divided into two forty-five-day fill periods, except that the first fill period of a patient's new recommendation shall be forty-six days.
(D) A caregiver shall not purchase, possess, or maintain more than 2.5 ounces of medical cannabis plant material and cannabis products with a total THC content of fifteen thousand mg at any time.
(E) All medical cannabis shall be maintained as follows:
(1) In a secure location to prevent theft, loss, access by unauthorized individuals; and
(2) In the original package intended for direct customer sale with an unaltered dispensary label in accordance with rule 1301:18-8-09 of the Administrative Code until administered to or by a patient.
(F) Patients and caregivers are precluded from engaging in the following activities:
(1) Operating a vehicle, streetcar, trackless trolley, watercraft, or aircraft under the influence of medical cannabis;
(2) Possessing or administering medical cannabis on federal property or in federal buildings, or at any public or private place where medical cannabis is prohibited;
(3) Using or maintaining medical cannabis in a manner that puts others at risk;
(4) Transferring, selling, or distributing medical cannabis to any other person, with or without renumeration.
Last updated March 24, 2026 at 8:25 AM
History
- Effective: March 24, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-8-09
Each dispensary shall ensure the following when dispensing medical cannabis:
(A) Prior to any sale, or the transfer of possession of any cannabis, a registered dispensary employee shall review the individual's:
(1) Valid, government-issued photographic identification containing the individual's date of birth and confirm the following:
(a) The individual is a patient at least eighteen years of age or older or a caregiver at least twenty-one years of age or older;
(b) The information contained on the individual's identification matches the individual presenting the identification; and
(c) If applicable, the information contained on the individual's identification matches the information provided in the order.
(2) Documentation evidencing the individual is a registered patient or caregiver; and
(3) If applicable, a veteran or indigent status.
(B) Notwithstanding any other provision, a dispensary shall dispense cannabis in an amount and manner consistent with any instructions for use as determined by the patient's recommending physician.
(C) Unless otherwise limited by a patient's recommending physician pursuant to paragraph (A)(2) of this rule, each dispensary shall not dispense more than the following amount of medical cannabis per day:
(1) To each registered patient:
(a) Ten ounces of medical cannabis plant material; and
(b) Cannabis products with a total THC content of no more than sixty thousand milligrams.
(2) To each registered caregiver:
(a) 2.5 ounces of plant material; and
(b) Cannabis products with a total THC content of no more than fifteen thousand milligrams.
(3) For purposes of sections 3780.36 and 3796.03 of the Revised Code and this paragraph, the following applies:
(a) When determining plant material, the following forms apply:
(i) Cannabis plant material; and
(ii) Raw-single serving units.
(b) Except as provided in this paragraph, all other cannabis products apply towards the medical patient or registered caregiver's cannabis products limitation for total THC content.
(D) The dispensary shall record all patient purchases of cannabis as follows:
(1) For transactions that are at or below 2.5 ounces of plant material and cannabis products with a total THC content of no more than fifteen thousand milligrams, a dispensary shall record the following information by close of business of the date of the transaction:
(a) All recommendations are serially numbered. All recommendations which are not refillable, either because of the dispensing of all refills or the length of time since issuance, shall be assigned a new serial number upon an authorization for additional dispensing by a recommending physician;
(b) Each recommendation is complete;
(c) Pursuant to rule 1301:18-3-14 of the Administrative Code, the patient record is updated for each sale with the following information:
(i) Dispensary license number;
(ii) Dispensary name;
(iii) Dispensary address;
(iv) Dispensary telephone number;
(v) Date order filled, which shall be the date cannabis is dispensed;
(vi) Order number, which shall be the serial number assigned to each cannabis product dispensed to a patient;
(vii) Quantity;
(viii) Days' supply. Any amount in excess of a whole day as defined in paragraph (C)(2) of this rule, shall be rounded to the next full day;
(ix) Product identifier;
(x) Payment code for either cash or third-party provider; and
(xi) Drug name, which shall be the brand name of the cannabis.
(2) For purchases in excess of 2.5 ounces of plant material and cannabis products with a total THC content of no more than fifteen thousand milligrams, each dispensary shall record all information outlined pursuant to this paragraph, contemporaneously with the transaction.
(E) Any and all cannabis sold by the dispensary is documented in the state inventory tracking system.
(F) Each package of cannabis sold is in the original, child resistant and tamper evident packaging intended for direct customer sale as delivered by the originating entity;
(G) Each package of medical cannabis is affixed with the following information:
(1) The dispensary's business name or registered tradename;
(2) The dispensary's license number;
(3) The patient's legal name;
(4) The patient's designated registry number; and
(5) If applicable, the name of the patient's designated caregiver.
(H) Upon completion of each sale, each customer is furnished with a receipt evidencing the following information:
(1) The dispensary's business name;
(2) The dispensary's license number;
(3) The dispensary's business address and telephone number;
(4) The time and date of sale;
(5) A complete description of all items purchased;
(6) A complete description of any discounts applied;
(7) If applicable, the dispensary's return policy; and
(8) Any other information deemed necessary by the division.
Last updated April 16, 2026 at 8:06 AM
History
- Effective: March 24, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-10-04 Patient and Caregiver Notification Requirements.
(A) Unless otherwise required by this rule, a patient or caregiver is to notify the division of cannabis control of any changes of information outlined in their registration within thirty calendar days.
(B) A patient or caregiver is to notify the division within ten calendar days of determination of any of the following:
(1) The patient or caregiver's registry identification card has been used fraudulently.
(2) The patient or caregiver's registry was accessed without authorization.
(3) After notification pursuant to this section, the division may issue a new registry identification card with a new registry number.
(C) A patient is to report to the division a conviction of any offense and/or any arrest or charges pending of a felony or misdemeanor offense under Chapter 2925. or 4729. of the Revised Code, or of an arrest or conviction in another jurisdiction that is substantially the same as a felony or misdemeanor offense under Chapter 2925. or 4729. of the Revised Code, within ten calendar days of the conviction or arrest.
(D) A caregiver is to report to the division a violation of any state or federal law or rule, regardless of jurisdiction in which such acts were committed, except for minor traffic violations such as parking violations, speeding tickets and violations such as failure to obey a red light, failure to use a turn signal or expired registration which do not need to be reported unless the offense involved operating vehicle under the influence of alcohol or a controlled substance.
(E) Upon determination by a recommending physician that a patient no longer has a diagnosis for a qualifying condition, the following mandates apply:
(1) The patient or caregiver is to notify the division in writing within fourteen calendar days of such determination.
(2) If the patient seeks to maintain an active patient registration, request in writing, a hearing in accordance with Chapter 119. of the Revised Code, seeking authorization to maintain an active patient registration.
(3) If the caregiver seeks to maintain an active caregiver registration, request in writing, a hearing in accordance with Chapter 119. of the Revised Code, seeking authorization to maintain an active caregiver registration.
(F) If a patient has a caregiver, that caregiver may provide any required notification to the division on behalf of the patient.
(G) If a patient is deceased, the patient's caregiver, if applicable, legal representative, or recommending physician is to notify the division in writing. The division will deactivate a deceased patient's registration.
Last updated December 20, 2024 at 7:46 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-10-06 Patient and Caregiver Enforcement.
(A) Upon determination that a patient or caregiver violated any mandates outlined under division 1301:18 of the Administrative Code, the division of cannabis control may impose any one or more of the following sanctions:
(1) Revoke, suspend, restrict, limit, or refuse to grant or renew a registration; or
(2) Reprimand or place the registrant on probation.
(B) Pursuant to division (B)(3) of section 3796.14 of the Revised Code, if the division determines that there is clear and convincing evidence that the continued dispensing or furnishing medical cannabis to the patient or caregiver or administration of medical cannabis to or by a patient, presents a danger of immediate and serious harm to oneself or to others, the division may suspend a patient or caregiver registration without a hearing.
(1) The division will follow the procedure for suspension without a prior hearing in section 119.07 of the Revised Code.
(2) The suspension shall remain in effect, unless removed by the division, until the division's final adjudication order becomes effective.
(C) If a patient's registration is suspended or revoked, the patient or caregiver shall dispose of all medical cannabis dispensed for the benefit of that patient within seven calendar days of the expiration of their registration.
Last updated December 20, 2024 at 7:46 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-10-07 Patient Confidentiality at Adjudication Hearings.
(A) Notwithstanding any provision to the contrary in Chapter 119. of the Revised Code, all adjudication hearings related to a patient registration shall be closed to the public, in accordance with division (B) of section 3796.08 of the Revised Code.
(B) Documents that contain patient-identifying information are confidential. Patient-identifying information includes, but is not limited to:
(1) Patient's name;
(2) Patient's social security number;
(3) Patient's date of birth;
(4) Patient's driver's license number;
(5) Patient's home address, telephone number, email address, or any other contact information;
(6) Patient's registry card number and related information; and
(7) Any other information that can be used to identify a patient or is required to be confidential under state or federal law.
(C) For all proceedings associated with an adjudication hearing, whether related to a patient registration or not:
(1) Any confidential document, as described in paragraph (B) of this rule, may be provided to a representative of record or to a witness during the adjudication hearing but shall not be disseminated to any other person unless the patient-identifying information is redacted.
(2) Any confidential documents as described in paragraph (B) of this rule that is presented as an exhibit, whether admitted or proffered, shall either have all patient-identifying information redacted or be sealed prior to being made part of the adjudication hearing record.
(3) Any portion of a transcript that contains patient-identifying information shall be sealed and made part of the adjudication hearing record. Sealed portions of transcripts shall only be provided to the parties or as otherwise necessary to conduct an adjudication hearing or related appeal pursuant to Chapter 119. of the Revised Code.
(D) A patient may waive any of the provisions described in this rule.
(E) Nothing in this rule prevents the dissemination of public records, as defined section 149.43 of the Revised Code, so long as they have been appropriately redacted to protect patient and other confidential information.
Last updated December 20, 2024 at 7:46 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-10-08 Release of Patient Information.
(A) Pursuant to division (B) of section 3796.08 of the Revised Code and division (C) of section 4729.80 of the Revised Code, records related to registered patients are confidential and are not public records subject to disclosure under section 149.43 of the Revised Code.
(B) Except as authorized under paragraph (C) of this rule, patient records may only be released via written authorization and consent by the patient.
(1) Any consent must be signed by the patient and dated.
If a patient is unable to provide written consent, consent may only be provided by the patient's caregiver or legal guardian.
(2) Any consent for disclosure is valid until rescinded by the patient.
(C) The division of cannabis control may provide information related to registered patients only as follows:
(1) The patient;
(2) The patient's designated caregiver;
(3) The certified physician who issued the recommendation to the patient;
(4) Certified or licensed health care personnel responsible for the care of the patient;
(5) Any state or local law enforcement agency conducting an investigation of a criminal violation of state or federal law;
(6) Any person that the division of cannabis control is legally required to, including upon issuance of a valid subpoena, court order, or other similar document only in a criminal matter or an equivalent juvenile matter; and
(7) A government entity responsible for the licensure, regulation, or discipline of health care professionals.
(D) In an emergency, the division may disclose the registered patient information when it is deemed to be in the best interest of the patient.
(E) Any person that receives patient information pursuant to this rule shall comply with the same requirements regarding confidentiality as those with which the division is mandated to comply, notwithstanding any conflicting provision of the Revised Code or agency procedure that applies when the agency is dealing with other information in its possession.
Last updated December 20, 2024 at 7:46 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 1301:18-10-09 Suspension of Access to Patient Information.
(A) Except as provided in paragraph (B) of this rule, after providing notice and affording an opportunity for a hearing in accordance with Chapter 119. of the Revised Code, the division of cannabis control may restrict a person from obtaining information from the registry established in accordance with section 3796.08 of the Revised Code if any of the following is the case:
(1) The person receives or releases registered patient information in violation of rule 1301:18-07-07 or 1301:18-10-08 of the Administrative Code or section 3796.08 of the Revised Code;
(2) The person's actions in another state would have constituted a violation of rule 1301:18-08-08 or 1301:18-10-08 of the Administrative Code or section 3796.08 of the Revised Code;
(3) The person fails to comply with rule 1301:18-08-08 or 1301:18-10-08 of the Administrative Code or section 3796.08 of the Revised Code, regardless of the jurisdiction in which the failure to comply occurred; and
(4) The person creates, by clear and convincing evidence, a threat to the security of information contained in the registry.
(B) If the division determines that allegations regarding a person's actions warrant restricting the person from obtaining further information from the registry established by the division in accordance with section 3796.08 of the Revised Code without a prior hearing, the division may summarily impose the restriction.
The summary restriction will remain in effect, unless removed by the division, until the division's final adjudication order becomes effective.
(C) The division will determine the extent to which the person is restricted from obtaining further information from the registry established by the division in accordance with section 3796.08 of the Revised Code.
Last updated December 20, 2024 at 7:46 AM
History
- Effective: December 20, 2024
- Promulgated Under: 119.03
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