Ohio Administrative Code 3796:5 — Medical Marijuana Control Program | General Provisions

Chapter 3796:5-4 Loss or Theft

Ohio Adm.Code 3796:5-4-01 Medical marijuana entity loss, theft, and emergency reporting.

(A) If a medical marijuana entity licensed by the department has reason to believe that an actual loss, theft, or diversion of medical marijuana has occurred, the medical marijuana entity shall notify immediately the department and law enforcement. A type 1 key employee of the medical marijuana entity licensed by the department shall provide the notice by submitting a signed statement that details the estimated time, location, and circumstances of the event, including an accurate inventory of the quantity and type of medical marijuana unaccounted for due to diversion or theft. The notice shall be provided no later than twenty-four hours after discovery of the event.

(B) Within ten days of a report submitted under paragraph (A) of this rule, a medical marijuana entity licensed by the department shall do the following:

(1) Review and secure video surveillance footage during the time of the suspected theft or diversion;

(2) Submit a report that contains the following information:

(a) The names and identification numbers of every employee at the facility at the time of the theft or diversion;

(b) The internal measures take to locate the cause of the loss, theft, or diversion; and

(c) The total quantity and type of medical marijuana stolen or otherwise diverted following a subsequent audit of the facility's actual inventory compared to the inventory reported by the inventory tracking system.

(3) Submit to the department a revised plan to secure the facility's inventory and measures that will be taken to prevent future loss, theft, or diversion; and

(4) Identify all the records at the facility and potential evidence outside the facility, including video surveillance footage, that will be sealed and prevented from being destroyed until a full investigation is conducted by the department and law enforcement, if deemed necessary.

(C) A medical marijuana entity licensed by the department shall notify the department within twenty-four hours and submit a written report within ten days if there is any of the following:

(1) An alarm activation or other event that requires response by public safety personnel occurs;

(2) A breach of security; or

(3) The failure of the security alarm system due to a loss of electrical support or mechanical malfunction.

(D) A medical marijuana entity shall notify the department of any fire or other hazardous materials related incident or any incident requiring an emergency response to the licensed premise within twenty-four hours after the discovery of the incident.

(E) A medical marijuana entity licensed by the department shall maintain and shall make available all documentation related to an occurrence that is reportable pursuant to paragraphs (A) to (C) of this rule.

Last updated July 21, 2026 at 12:33 PM

History

• Effective: May 6, 2017
• Promulgated Under: 119.03

Chapter 3796:5-6 Enforcement

Ohio Adm.Code 3796:5-6-01 Scope of enforcement and enforcement powers.

Rules set forth in this chapter establish standards for the oversight and enforcement of the cultivation, processing, and testing of medical marijuana. Division 3796:5 of the Administrative Code also establish legal standards for the denial, suspension, or revocation of licenses issued by the department under Chapter 3796. of the Revised Code. If any portion of the rules is found to be invalid, the remaining portion of the rules shall remain in force and effect.

(A) Whenever it appears to the department that a medical marijuana entity issued a provisional license or certificate of operation by the department or a person possessing an employee identification card issued by the department has engaged in, is engaged in, or is about to engage in any act or practice declared to be prohibited by Chapter 3796. of the Revised Code or the rules promulgated in accordance with Chapter 3796. of the Revised Code, or when the department believes that it is necessary for the program's administration, implementation and enforcement, the department may do the following:

(1) Investigate activities which are, or are suspected to be, prohibited and charge an investigation assessment;

(2) Serve all summonses, subpoenas, administrative orders, notices, or other processes concerning the enforcement of laws regulating medical marijuana and medical marijuana products;

(3) 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 days of the date of mailing, the subpoena may be served by ordinary mail. If no return of ordinary mail is received within thirty days after the date of mailing, service shall be deemed to have been made. If the subpoena is returned because of inability to deliver, the department may designate a person or persons to effect either personal or residence service upon the witness.

(b) The person designated to effect 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 shall be paid from the funds of the department.

(4) Inspect, examine, or investigate any premises or vehicle where medical marijuana or medical marijuana products are grown, stored, cultivated, transported, processed, or tested, and any books and records in any way connected with any such activity;

(5) Require any cultivator, processor, or testing laboratory, or other person, upon demand, to permit an inspection of premises or vehicles during business hours or at any time of apparent operation; to permit inspection of marijuana equipment, marijuana accessories, or books and records; and to permit the testing of or examination of medical marijuana or medical marijuana products;

(6) Suspend, suspend without prior hearing, revoke, or refuse to renew a license or registration issued under Chapter 3796. of the Revised Code or the rules promulgated in accordance with Chapter 3796. of the Revised Code;

(7) Refuse to issue a provisional license or certificate of operation;

(8) Issue a cease and desist order;

(9) Impose a civil penalty in an amount not to exceed fifty thousand dollars for each violation, for any violation of Chapter 3796. of the Revised Code or the rules promulgated in accordance with Chapter 3796. of the Revised Code;

(10) Place conditions on an applicant, license, licensee, or registrant; and

(11) Exercise any other power or duty authorized by Chapter 3796. of the Revised Code or the rules promulgated in accordance with Chapter 3796. of the Revised Code.

(B) A cultivator, processor, or testing laboratory whose certificate of operation has been suspended shall not sell, offer for sale, transport, or conduct any operations outside the facility related to medical marijuana. Employees of the facility may enter the premises of the facility for the necessary care and maintenance of the premises and any medical marijuana and medical marijuana products. The removal of medical marijuana from a cultivator, processor, or testing laboratory is strictly prohibited during an active suspension under this chapter.

(C) The revocation of a provisional license or certificate of operation shall immediately terminate the employee identification cards of persons employed by the licensee. A cultivator, processor, or testing laboratory whose certificate of operation has been revoked shall close the facility and prohibit anyone from entering the facility, other than employees with the department, law enforcement, or other individuals carrying out official duties related to the revocation of the certificate of operation.

(D) Department employees will not serve as expert witnesses in private litigation. In addition, the department may move to quash any subpoena that seeks fact testimony from department employees in private litigation. The department 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 June 12, 2025 at 11:07 AM

History

• Effective: September 2, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 3796:5-6-02 Prohibited activities.

(A) Any of the following shall be considered threats to the public health, welfare, or safety and shall be sufficient cause for a provisional license, certificate of operation, or employee identification card of a cultivator, processor, or testing laboratory, or any combination thereof, or employee to be denied, suspended with or without a hearing, revoked, fined, have conditions placed upon such license, or subject to other actions authorized under paragraph (A) of rule 3796:5-6-01 of the Administrative Code, or any combination of such actions necessary to ensure the program's administration, implementation and enforcement:

(1) The distribution of medical marijuana to minors has occurred;

(2) Revenue from the sale of medical marijuana has gone to criminal enterprises;

(3) Medical marijuana has been diverted across state lines in a manner prohibited by either state;

(4) Trafficking of illegal drugs or illegal activities has occurred on the premises;

(5) Illegal or unauthorized possession or use of a firearm at a facility;

(6) Driving while drugged or otherwise intoxicated;

(7) Drug or alcohol abuse;

(8) Permitting the cultivation of medical marijuana in a facility outside the designated marijuana cultivation area;

(9) Failure to comply with a subpoena issued by the department;

(10) Acceptance of medical marijuana from a source other than a cultivator or processor licensed by the department, unless by a licensed testing laboratory pursuant to the rules promulgated for testing laboratories;

(11) Failure to maintain effective controls and security measures designed to ensure compliance with the law or protect the facility, employees, and medical marijuana;

(12) Knowing material misstatements or omissions in the inventory tracking system, where, in the exercise of reasonable diligence, the person should have obtained such knowledge prior to the misstatement or omission;

(13) A finding by the department that the medical marijuana entity, after having the license suspended or subject to mandatory corrections under any rules promulgated in accordance with Chapter 3796. of the Revised Code, has violated the terms of the suspension or failed to perform the mandatory corrections;

(14) Operational failures that endanger public health, create a likelihood of contamination or diversion, or a pattern of deviation of standard operating procedures;

(15) Aiding or assisting another person in violating any provision of Chapter 3796. of the Revised Code or the rules promulgated in accordance with Chapter 3796. of the Revised Code;

(16) Permitting another person to use the licensee's license;

(17) Cultivating, processing, transporting, or testing medical marijuana in violation of Chapter 3796. of the Revised Code or the rules promulgated in accordance with Chapter 3796. of the Revised Code;

(18) Failure to cooperate or give information to the department, law enforcement authorities or any other enforcement agency upon any matter arising out of conduct at any cultivator, processor, or testing laboratory; or

(19) Discontinuance of business for more than ninety days, unless the director or the director's designee approves an expansion of such period for good cause shown, upon a written request.

(B) Any of the following shall be considered threats to public health, welfare, or safety and shall be sufficient cause for a provisional license, certificate of operation, or employee identification care of a cultivator, processor, or testing laboratory, or any combination thereof, or employee to be denied, suspended with or without a hearing, revoked, fined, have conditions placed upon such registration, or any combination of such actions necessary to ensure the program's administration, implementation and enforcement:

(1) False or misleading statements in or involving a license or registration application;

(2) Any civil or disciplinary action is taken, or has been taken, against any persons relating to a professional license;

(3) Failure to continuously escort an otherwise unauthorized person within an area designated by the facility as a controlled access area, unless that person is an investigator or employee of the department, authorities from local licensing authority or any state or law enforcement agency;

(4) Failure to promptly inform the department of any changes of address or other material information contained in the application;

(5) Discipline, including, but not limited to, denial, suspension or revocation of a license, by any state or any territory of the United States or any foreign jurisdiction;

(6) Failure to report to the department within fourteen days of any adverse final action taken against a license in any state or any territory of the United States or any foreign jurisdiction, any governmental agency, any law enforcement agency or any court;

(7) Failure to respond to a written request for information by the department within ten business days, unless otherwise stated;

(8) Failure to keep accurate records in accordance with any rules promulgated in accordance with Chapter 3796. of the Revised Code;

(9) Operating in a manner inconsistent with the public health, safety, and welfare standards of the local governmental authority;

(10) A fraudulent or deceptive practice, transaction, representation or omission to the public, law enforcement or a representative of the department, regardless whether anyone relied on such practice, transaction, representation or omission;

(11) A finding by the department of a substantial discrepancy in a department inspection of any records and the subject matter of any records that are required under any rules promulgated in accordance with Chapter 3796. of the Revised Code;

(12) Allowing medical marijuana, or medical marijuana byproduct or scrap, to be used or disposed of in a manner not consistent with Chapter 3796. of the Revised Code or the rules promulgated in accordance with Chapter 3796. of the Revised Code; or

(13) Failure to maintain a good business repute. For purposes of this rule and making a determination of a failure to maintain good business repute, the department shall consider if the person has engaged in any conduct which would reflect on the reputation for honesty, integrity, and competence in business and personal dealings of the person. These would include, but not limited to, if the person has been determined to have engaged in forgery, embezzlement, nondisclosure, incomplete disclosure, misstatement of material facts, and manipulative or deceptive practices, or if the person has established a reputation for honesty, integrity, and competence.

(C) Whenever the department revokes or suspends a medical marijuana entity license, it shall notify the state of Ohio board of pharmacy, the state medical board of Ohio, law enforcement, and county sheriff's office whose jurisdiction includes the location of the medical marijuana entity.

History

• Effective: May 6, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 3796:5-6-03 General enforcement.

(A) No person whose employee identification card has been revoked, nor any person whose actions led to a medical marijuana entity's license being revoked, may make an application for any cultivator, processor, or testing laboratory license or employee identification card for at least five years from the date of such revocation or final judicial decision upon appeal of an order of revocation.

(B) If a license is voluntarily surrendered or is not renewed, the department shall not be prohibited from imposing 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.

(C) Adjudicatory hearings will be conducted pursuant to Chapter 119. of the Revised Code. Sanctions described under rule 3796:5-6-01 of the Administrative Code are not mutually exclusive and may be imposed in any combination.

History

• Effective: May 6, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 3796:5-6-04 Variances.

The director may grant variances from rules promulgated in accordance with Chapter 3796. of the Revised Code in cases in which:

(A) Granting the variance is in the public interest;

(B) The applicable provision is not statutorily mandated; and

(C) The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

Last updated July 21, 2026 at 12:33 PM

History

• Effective: September 2, 2019
• Promulgated Under: 119.03

Chapter 3796:5-7 Advertising

Ohio Adm.Code 3796:5-7-01 Advertising.

(A) For purposes of this rule, "advertisement" means any written or verbal statement, illustration, or depiction created to induce sales through the use of or a combination of letters, pictures, objects, lighting effects, illustrations, or other similar means. An "advertisement" includes brochures, promotional and other marketing materials. An advertisement with a high likelihood of reaching persons under the age of eighteen is prohibited.

(B) The state of Ohio has a compelling interest in ensuring that any advertisement or marketing campaigns related to or involving medical marijuana does not encourage, promote, or otherwise create any impression that marijuana is legal or acceptable to use in a manner except as specifically authorized by Chapter 3796. of the Revised Code or the rules promulgated in accordance with Chapter 3796. of the Revised Code, or that recreational marijuana use has any potential health or therapeutic benefits, or that recreational marijuana use or possession is somehow not illegal.

(C) A cultivator, processor, or testing laboratory shall not use a name, logo, sign, or other advertisement unless the name, logo sign, or other advertisement has been submitted to the department and the applicable advertisement fee has been paid. Materials submitted to the department shall include, but are not limited to, the following:

(1) A brief description of the format, medium, and length of the distribution;

(2) A verification that an actual patient is not being used on the advertisement;

(3) Verification that an official translation of a foreign language advertisement is accurate;

(4) Annotated references to support statements related to effectiveness of treatment; and

(5) A final copy of the advertisement, including a video where applicable, in a format acceptable to the department.

(D) Until September 8, 2019, the department shall have fifteen business days to review materials submitted under paragraph (C) of this rule. Beginning September 9, 2019, the department shall have ten business days to review materials submitted under paragraph (C) of this rule.

(1) After the department has reviewed the proposed advertisement submitted in accordance with paragraph (C) of this rule, the department may do any of the following:

(a) 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 disclosure;

(b) Make recommendations with respect to changes that are necessary to protect the public health, safety and welfare; or

(c) Prohibit the use of the advertisement.

(2) If the department does not complete one of the actions permitted under paragraph (D)(1) of this rule within the applicable review period, the submitted materials may be used in accordance with this chapter. However, failure by the department to act within the applicable review period does not constitute a waiver of its authority to undertake any of the actions permitted by this rule and the rules promulgated pursuant to Chapter 3796. of the Revised Code, if it is subsequently determined that the submitted material violates any provision of this chapter.

(E) No cultivator, processor, or testing laboratory shall place or maintain, or cause to be placed or maintained, an advertisement of medical marijuana or medical marijuana products, including paraphernalia, in any of the following ways:

(1) Within five hundred feet of the perimeter of a prohibited facility, a game arcade where admission is not restricted to persons aged twenty-one years or older, or a business where the placement of the advertisement targets or is attractive to children, as determined by the department;

(2) On a billboard;

(3) On a radio or television broadcast, including a system for transmitting visual images and sound that are reproduced on screens, and includes broadcast, cable, on-demand, satellite, or internet programming.

(4) On any handheld or other portable sign;

(5) With respect to public places, on a handbill, leaflet or flyer directly handed, deposited, fastened, thrown, scattered, cast, or otherwise distributed to any person;

(6) Left upon any private property without the consent of the property owners;

(7) On or in a vehicle, public transit vehicle, or public transit shelter; or

(8) On or in a publicly-owned or operated property.

(F) An advertisement for a cultivator, processor, or testing laboratory, regardless of the medium, shall not:

(1) Include any image bearing a resemblance to a cartoon character, fictional character whose target audience is children or youth, or pop culture icon;

(2) Market, distribute, offer, sell, license, or cause to be marketed, distributed, offered, sold, or licensed, any apparel or other merchandise related to the sale of medical marijuana, to an individual under eighteen years of age;

(3) Suggest or otherwise indicate that the product or entity in the advertisement has been approved or endorsed by the department, the state of Ohio or any person or entity associated with the state of Ohio;

(4) Advertise in a manner that is inconsistent with the medicinal and approved use of medical marijuana;

(5) Encourage the use of medical marijuana for a condition other than a qualifying medical condition; or

(6) Contain any statement, design, representation, picture, or illustration that is:

(a) False or misleading;

(b) A departure from the medical marijuana registered name, including marijuana leaves, slang terms, and similar references;

(c) Disparaging to a competitor's products;

(d) Obscene or indecent; or

(e) Related to the safety or efficacy of medical marijuana, unless supported by substantial evidence or substantial clinical data.

(G) A cultivator, processor, or testing laboratory may develop a website or otherwise establish a web presence advertising the name, business address, contact information, and services provided by a cultivator, processor, or testing laboratory. A cultivator, processor, or testing laboratory operating a website shall require age affirmation of at least eighteen years of age by the user before access to the website is granted. A cultivator, processor, or testing laboratory that establishes any type of web presence shall not:

(1) Allow for direct engagement between consumers or user-generated content or reviews;

(2) Provide a medium for website users to transmit website content to individuals under the age of eighteen;

(3) Target a consumer group with a high likelihood of reaching individuals under the age of eighteen;

(4) Display or otherwise post content that has not been submitted to the department under paragraph (C) of this rule;

(5) Transact business or otherwise facilitate a sales transaction to consumers or businesses; or

(6) Maintain a web presence that would otherwise violate rule 3796:5-7-01 of the Administrative Code.

(H) A cultivator, processor, or testing laboratory shall not do any of the following:

(1) Display external signage larger than sixteen inches in height by eighteen inches in width that is not attached to the entity's permanent structure;

(2) Illuminate a sign advertising a medical marijuana product or strain at any time;

(3) Sell or otherwise distribute clothing, apparel or wearable accessories, unless such sale or distribution is to an employee for purposes of identification while at the licensed facility;

(4) Advertise medical marijuana brand names or utilize graphics related to medical marijuana on the exterior of the building in which the cultivator, processor, or testing laboratory is operating; and

(5) Display medical marijuana, medical marijuana products, or medical marijuana paraphernalia that is visible from the exterior of the facility.

(6) This rule, as it pertains to advertisements, does not apply to noncommercial message.

History

• Effective: May 6, 2017
• Promulgated Under: 119.03

Chapter 3796:5-8 Product Registration

Ohio Adm.Code 3796:5-8-01 Product registration.

(A) Every medical marijuana strain and every medical marijuana product shall be registered with the department and assigned a product identifier by the state of Ohio board of pharmacy before it may be sold to a dispensary or dispensed to a patient or caregiver. Before a product is eligible for the assignment of a product identifier, in accordance with rules promulgated by the state of Ohio board of pharmacy, the product shall be registered with the department.

(B) Each registration application shall include the proposed label, and any other items deemed necessary by the department or in accordance with rules promulgated by the state of Ohio board of pharmacy. A separate registration is required for each package size and dose of a particular strain or product before the strain or product may be offered for sale. A variation in ingredients shall constitute a new product and require a separate product registration and product identifier.

Last updated July 21, 2026 at 12:33 PM

History

• Effective: May 6, 2017
• Promulgated Under: 119.03