Ohio Adm.Code 3796:6 | Ohio Administrative Code 3796:6 — Medical Marijuana Control Program | Medical Marijuana Dispensaries

Chapter 3796:6-1 Definitions

Ohio Adm.Code 3796:6-1-01 Definitions.

(A) "Abandoned application" means an application for a dispensary provisional license where the applicant fails to complete all application requirements within five calendar days after being notified by the state board of pharmacy, subject to the factors that would otherwise remove the applicant from consideration under Chapter 3796. of the Revised Code or this division. An applicant forfeits all fees associated with an abandoned application. The state board of pharmacy shall not be required to act on any abandoned application and the application may be destroyed by the board staff. If the application is abandoned, the applicant shall be required to reapply for licensure in accordance with Chapter 3796. of the Revised Code and this division, in effect at the time of reapplication.

(B) "Business day" means any day other than Saturday, Sunday or a holiday recognized by the state of Ohio on which the state board of pharmacy is not open for business.

(C) "Designated representative" means the dispensary key employee responsible for acting in compliance with rule 3796:6-3-05 of the Administrative Code.

(D) "Dispensary department" means a building, room or other area under the control of a dispensary and upon the licensed premises with access limited to patients, caregivers, dispensary employees or service professionals conducting business with the dispensary and who are escorted and supervised by a dispensary employee, and other persons authorized by section 3796.05 of the Revised Code and this division.

(E) "Dispensary district" or "district" means a geographic region, established by the state board of pharmacy, in accordance with division (B)(3) of section 3796.05 of the Revised Code.

(F) "Dispensary employee" means an any or all of the following:

(1) "Dispensary associated key employee" means an owner or prospective owner, officer or board member or prospective board member of the entity seeking a dispensary license.

(2) "Dispensary key employee" means an administrator or other person responsible for the daily operation of a licensed dispensary.

(3) "Dispensary support employee" means an employee who works within a dispensary but who does not have authority to make operational decisions.

(G) "Place on probation" means to take action against a license suspending some or all of the sanctions imposed by the state board of pharmacy against that license. The terms of the probation shall state the period of time covered by the probation and may include other conditions as determined by the state board of pharmacy.

(H) "Positive identification" means a method of identifying an individual who receives, dispenses, or destroys medical marijuana. A method may not rely solely on the use of a private personal identifier such as a password, but must also include a secure means of identification such as the following:

(1) A manual signature on a hard copy record;

(2) A magnetic card reader;

(3) A barcode reader;

(4) A biometric method;

(5) A proximity badge reader;

(6) A state board of pharmacy-approved system of randomly generated personal questions;

(7) A printout of every transaction that is verified and manually signed within a reasonable period, but no more than forty-eight hours, by the by the responsible individual. The printout must be maintained for three years and made available on request to those individuals authorized by law to review such records; or

(8) Other effective methods for identifying individuals that have been approved by the state board of pharmacy.

(I) "Refuse to grant or renew" means to deny original or continued licensure for a period of at least twelve months. After twelve months or such period of time as the individual board order may require, an employee or dispensary, or a facility that desires to attain such status by licensure, and whose license the state board of pharmacy has refused to grant or renew, may make application to the board for issuance of a new license in accordance with Chapter 3796. of the Revised Code and this division. An individual who desires to attain employee status by licensure, whose license the state board of pharmacy has refused to grant or renew must meet any requirements established by the board.

(J) "Restricted access area" means a building, room or other contiguous area under control of a dispensary and upon the licensed premises with access limited to only dispensary employees, where medical marijuana inventory, all records related to the dispensing of medical marijuana and all other items that require the personal supervision of a dispensary key employee are maintained behind a physical barrier with suitable locks and an electronic barrier to detect entry during any time when a dispensary key employee is not present.

(K) "Revoke" means to take action against a license rendering such license void and such license may not be reissued. "Revoke" is an action that is permanent against the license and licensee.

(L) "Suspend" means to take action against a license rendering such license without force and effect for a period of time as determined by the state board of pharmacy.

History

Effective: September 8, 2017
Promulgated Under: 119.03

Chapter 3796:6-2 Generally

Ohio Adm.Code 3796:6-2-03 Medical marijuana dispensary ownership and ownership requirements.

(A) Unless otherwise provided, when an entity is required pursuant to this division to provide information, sign documents or ensure actions are taken, a person identified in this paragraph, and who is twenty-one years of age or older, shall comply with the requirement on behalf of the medical marijuana establishment:

(1) If a natural person is applying for a dispensary license, the natural person;

(2) If a corporation is applying for a dispensary license, a natural person who is an officer of the corporation;

(3) If a partnership is applying for a dispensary license, a natural person who is a partner;

(4) If a limited-liability company is applying for a dispensary license, a manager or, if the limited-liability company does not have a manager a natural person who is a member of the limited-liability company;

(5) If an association or cooperative is applying for a dispensary license, a natural person who is a member of the governing board of the association or cooperative;

(6) If a joint venture is applying for a dispensary license, a natural person who signed the joint venture agreement; and

(7) If a business organization other than those described in paragraphs (A)(1) to (A)(7) of this rule, inclusive, is applying for a dispensary license, a natural person who is a member of the business organization.

(B) For purposes of this division, the following persons must comply with the provisions governing owners, officers and board members of a dispensary and are considered associated key employees:

(1) If a natural person is applying for a dispensary license, the natural person;

(2) If a corporation is applying for a dispensary license, the officers of the corporation;

(3) If a partnership is applying for a dispensary license, the partners;

(4) If a limited-liability company is applying for a dispensary license, the members of the limited-liability company;

(5) If an association or cooperative is applying for a dispensary license, the members of the association or cooperative;

(6) If a joint venture is applying for a dispensary license, the natural persons who signed the joint venture agreement; and

(7) If a business organization other than those described in paragraphs (B)(2) to (B)(6) of this rule, inclusive, is applying for a dispensary license, the members of the business organization.

(C) Except as otherwise required in this rule, the requirements concerning owners of medical marijuana dispensaries only apply to a person with an aggregate ownership interest of ten per cent or more in a dispensary.

(D) The state board of pharmacy may, in its discretion, require an owner or person who exercises substantial control over a prospective or licensed dispensary, but who has less than a ten per cent ownership interest in the prospective or licensed dispensary, to comply with any of the provisions of this division concerning owners of medical marijuana dispensaries. The state board of pharmacy will notify the individual required to comply with the ownership provisions of this division when such a determination is made.

(E) All owners shall be associated key employees and must be licensed in accordance with rule 3796:6-2-07 of the Administrative Code.

Last updated July 21, 2026 at 12:34 PM

History

Effective: September 8, 2017
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-2-04 Medical marijuana dispensary license application evaluation.

(A) The board may award provisional dispensary licenses via competitive scoring, a drawing, or a combination of competitive scoring and drawing, as determined by the board, and described in a request for applications issued by the board pursuant to rule 3796:6-2-01 of the Administrative Code.

(B) Provisional dispensary licenses shall only be awarded after final approval by the board, which shall include an evaluation of the application and the applicant for the following:

(1) Compliance with Chapter 3796. of the Revised Code and the rules adopted thereunder;

(2) Compliance with the relevant request for applications issued by the board; and

(3) All license limitations, set forth in paragraph (C)(1) of this rule or otherwise specified by the board.

(1) Provisional dispensary applicants may submit an unlimited number of applications except:

(a) Applications are site-specific and provisional dispensary applicants with any common ownership may not submit more than one application for the same parcel or any adjoining parcels;

(b) No owner, as defined in rule 3796:6-2-03 of the Administrative Code, may be issued more than five dispensary certificates of operation and/or provisional dispensary licenses at any time;

(c) No owner, as defined in rule 3796:6-2-03 of the Administrative Code, may be issued more than sixty-six per cent of the total number of dispensary certificates of operation and/or provisional dispensary licenses in a multi-license district; and

(d) Provisional dispensary applicants shall only be awarded the total number of provisional dispensary licenses for which they have adequate liquid assets, as demonstrated in the applications submitted to the board, pursuant to rule 3796:6-2-02 of the Administrative Code.

(2) If the number of provisional dispensary license applications submitted in a district is equal to or less than the number of available provisional dispensary licenses for that district, as described in the relevant request for applications, no drawing will be held and all provisional dispensary applications submitted for that district will be awarded a provisional dispensary license, subject to paragraph (B) of this rule.

(3) If the number of provisional dispensary license applications submitted in a district is greater than the number of available provisional dispensary licenses for that district, a drawing will be held in order to produce a randomly-ranked order list of all provisional dispensary license applications submitted for that district.

(a) The list shall include all provisional dispensary applications submitted for that district, subject to any automatic disqualifications as outlined in the relevant request for applications. Disqualified applications will not be included in the drawing.

(b) The order in which the district drawings will occur shall be listed in the relevant request for applications.

(c) The ranked order lists shall be used to award provisional dispensary licenses for each district, subject to paragraph (B) of this rule, until all available provisional dispensary licenses for that district are awarded.

(d) If, during the evaluation described in paragraph (B) of this rule, a provisional dispensary license application or applicant is found not to be eligible for licensure, the board will proceed to review the next provisional dispensary license application in the ranked order list. The evaluation process will continue until as many provisional dispensary license applications have been found eligible for licensure as provisional dispensary licenses are available for that district, subject to the board-approval described in paragraph (B) of this rule.

(D) If the board determines an owner will be limited in the number of provisional dispensary licenses pursuant to paragraph (C)(1) of this rule, the provisional dispensary licenses will be issued in the order in which they were drawn, or would have been drawn if a drawing had been held, consistent with paragraphs (C)(2) and (C)(3) of this rule.

(E) If more than one application identifies the same parcel for a proposed dispensary location, the highest ranked provisional dispensary application found to be eligible for licensure shall be awarded a provisional dispensary license.

(F) The burden of proving an applicant's qualifications rests with the applicant.

(G) The board may request additional information the board determines is necessary to process and fully investigate an application.

(1) The applicant shall provide requested additional information by the close of business of the tenth calendar day after the request has been received by the applicant;

(2) If the applicant does not provide the requested information within ten calendar days, the board shall consider the application to be an abandoned application and will cease evaluation of the application.

(H) Pursuant to division (B) of section 3796.10 of the Revised Code, the state board of pharmacy shall not consider any provisional dispensary applicant that:

(1) Submits an application containing one or more associated key employees who has a conviction for, judicial finding of guilt of, or plea of guilty to a disqualifying offense. A dispensary may disassociate with a prospective associated key employee for failure to comply with Chapter 3796. of the Revised Code and this division only upon approval from the state board of pharmacy;

(2) Has an ownership interest or investment interest in a testing laboratory, an applicant for a license as a testing laboratory; or shares any corporate officers or employees with a testing laboratory or applicant for a testing laboratory;

(3) Is a physician with a certificate to recommend medical marijuana or such a physician has an ownership or investment interest in or a compensation arrangement with the applicant;

(4) Will be located within five hundred feet of a prohibited facility; or

(5) Is not in compliance with the applicable tax laws of this state or its political subdivisions.

(I) The state board of pharmacy may deny a provisional dispensary license to any applicant who:

(1) Submits an incomplete, inaccurate, false, or misleading application;

(2) Knowingly employs a person who has been disciplined by the state board of pharmacy or any professional licensing board;

(3) Will be located within five hundred feet of an opioid treatment program as defined in rule 4729:5-21-01 of the Administrative Code; or

(4) Fails to pay applicable fees.

(J) The state board of pharmacy shall review for a provisional dispensary license, the submitted applications consistent with this division of the Administrative Code, for each designated dispensary district established by the board. If there are an insufficient number of qualified applicants to award all the dispensary licenses available through the open application, the board may republish, in accordance with rule 3796:6-2-01 of the Administrative Code, a request for applications for provisional dispensary licenses in the applicable district.

(K) Within ten calendar days of the board's decision, the board shall notify applicants who will be awarded a provisional dispensary license.

(L) Unless the provisional dispensary license holder has requested and received a variance in accordance with rule 3796:6-4-10 of the Administrative Code, the provisional dispensary licensee shall commence operations within two hundred and seventy days after the provisional dispensary licensee was issued a provisional dispensary license. Failure to commence operations within the requisite timeframe may result in the commencement of administrative action pursuant to Chapter 119. of the Revised Code, up to and including revocation of the provisional dispensary license.

(M) Every applicant awarded a provisional dispensary license shall provide a written report to the board of pharmacy no later than the first day of every month following the month the applicant was awarded a provisional dispensary license. The reports shall detail the progress of the applicant to become operational and shall be submitted until the medical marijuana dispensary receives a certificate of operation or the applicant receives a notice pursuant to section 119.07 of the Revised Code.

(N) An applicant awarded a medical marijuana dispensary license shall be deemed to have commenced operations if the medical marijuana dispensary is capable of operating in accordance with the information contained in the application and the licensee passes a final inspection by the state board of pharmacy in accordance with rule 3796:6-2-06 of the Administrative Code.

(O) A provisional dispensary license issued under this rule is exclusive to the entity and location identified in the application and is non-transferrable.

Last updated July 21, 2026 at 12:34 PM

History

Effective: September 10, 2021
Promulgated Under: 119.03

Ohio Adm.Code 4729:5-21-01

As used in Chapter 4729:5-21 of the Administrative Code:

(A) "Opioid Treatment Program" or "OTP" means a facility that is licensed as a terminal distributor of dangerous drugs in accordance with section 4729.54 of the Revised Code and holds, or is in the process of applying for, a valid certification from the substance abuse and mental health services administration of the United States department of health and human services pursuant to 42 CFR 8.11 (3/17/2025). The facility shall comply with all requirements set forth in this chapter. An OTP does not include office-based opioid treatment performed in accordance with rule 4731-33-03 of the Administrative Code.

(B) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.

(D) "Dosage unit" means any of the following:

(1) A single pill, capsule, ampule, tablet;

(2) In the case of a liquid solution, one milliliter;

(3) In the case of a cream, lotion, or gel, one gram; or

(4) Any other form of administration available as a single unit.

(E) "Licensed health professional authorized to prescribe drugs" or "prescriber" has the same meaning as in rule 4729:5-1-02 of the Administrative Code but shall be limited to a prescriber practicing within the prescriber's applicable scope of practice.

(F) "Personal supervision" means the person specified in rule shall be physically present at the licensed location to deter and detect the diversion of dangerous drugs.

(G) "Personally furnish" or "personally furnishing" means the final association of a drug with a patient by a prescriber prior to the distribution to a patient for use outside the prescriber's practice setting.

(H)

(1) "Positive identification" means a method of identifying a person that does not rely on the use of a private personal identifier such as a password, but must use a secure means of identification that includes any of the following:

(a) A manual signature on a hard copy record;

(b) A magnetic card reader;

(d) A biometric method;

(e) A proximity badge reader;

(f) A board approved system of randomly generated personal questions;

(g) A printout of every transaction that is verified and manually signed within a reasonable period of time by the individual who performed the action requiring positive identification. The printout must be maintained for three years and made readily retrievable; or

(h) Other effective methods for identifying individuals that have been approved by the board.

(2) A method relying on a magnetic card reader, a bar code reader, a proximity badge reader, or randomly generated questions for identification must also include a private personal identifier.

(I) "Readily retrievable" means that records maintained in accordance with this chapter shall be kept in such a manner that, upon request, they can be produced for review no later than three business days to an agent, officer, or inspector of the board.

(J) "Responsible person" has the same meaning as defined in rule 4729:5-2-01 of the Administrative Code and is responsible for the supervision and control of dangerous drugs as required in division (B) of section 4729.55 of the Revised Code, adequate safeguards as required in division (C) of section 4729.55 of the Revised Code, security and control of dangerous drugs, and maintaining all drug records otherwise required.

(K) "Sample" means a dangerous drug or pharmaceutical preparation that would be hazardous to health or safety if used without the supervision of a licensed health professional authorized to prescribe drugs, or a drug of abuse, and that, at one time, had been placed in a container plainly marked as a sample by a manufacturer.

Last updated April 1, 2026 at 8:36 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-4-10

(A) The state board of pharmacy may grant variances from this division in cases in which:

(1) The applicable provision is not statutorily mandated;

(2) Granting the variance will not be contrary to public interest;

(3) No party will be injured by the granting of the variance; and

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

(B) An approval for a variance may be revocable, may be granted for a limited period or may be granted subject to the conditions as the state board of pharmacy may prescribe.

History

Effective: September 8, 2017
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-2-06

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

(1) Name a designated representative, in compliance with rule 3796:6-3-05 of the Administrative Code and attest that fingerprint impressions for a criminal background check pursuant to rule 3796:6-2-07 of the Administrative Code have been submitted;

(2) Comply with the representations made in the application submitted by the provisional dispensary licensee that was awarded the provisional dispensary license.

(B) Within thirty calendar days of notification an inspection of the dispensary shall be conducted in order to confirm that the dispensary is capable of operating in accordance with Chapter 3796. of the Revised Code and this division.

(C) After receiving notice of a satisfactory final inspection from the state board of pharmacy, the dispensary shall submit to the state board of pharmacy payment of the fee required under rule 3796:6-5-01 of the Administrative Code for a certificate of operation. The initial certificate of operation shall be effective from the date the certificate is issued until the expiration date of the first day of July of each odd-numbered year. Initial certificates of operation awarded on or after the first day of April of each odd-numbered year shall receive an expiration date of the first day of July of the next odd-numbered year.

(D) A dispensary may begin purchasing medical marijuana to be dispensed only after receipt of a medical marijuana dispensary certificate of operation issued by the state board of pharmacy.

(E) If a satisfactory final inspection is not issued by the state board of pharmacy, the dispensary will be notified of necessary corrective actions. Such corrections must be made within thirty calendar days of receipt of notification of necessary corrections.

(F) A certificate of operation shall allow the licensed dispensary to operate at a single location. No owner, as defined under rule 3796:6-2-03 of the Administrative Code, shall be issued more than five dispensary certificates of operation at any time, unless authorized by the state board of pharmacy.

(G) A certificate of operation is valid only for the collective owners, as defined under rule 3796:6-2-03 of the Administrative Code, premises and name designated on the certificate of operation and location for which it is issued. A dispensary may not transfer or assign a certificate of operation, except as otherwise provided in this division.

Last updated February 14, 2022 at 8:57 AM

History

Effective: February 14, 2022
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-2-05 Number of dispensary provisional licenses.

(A) In accordance with division (B) of section 3796.05 of the Revised Code, the state board of pharmacy shall consider the population of this state, the number of patients seeking to use medical marijuana and the geographic distribution of dispensary sites in an effort to ensure patient access to medical marijuana. The state board of pharmacy shall consider these factors at least once each biennial licensing term to determine whether a sufficient number of medical marijuana dispensaries exist.

(B) If additional licenses are deemed necessary, the state board of pharmacy will follow the procedures to issue a request for applications under rule 3796:6-2-01 of the Administrative Code.

Last updated December 10, 2021 at 8:55 AM

History

Effective: December 10, 2021
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-5-01

(A) The following non-refundable licensing fees are as follows:

(1) The application fee for a dispensary license is five thousand dollars. One application fee must be submitted with each application.

(2) The certificate of operation fee is seventy thousand dollars. One certificate of operation fee must be submitted for each certificate of operation.

(3) In addition to the certificate of operation fee, the fee to file an untimely certificate of operation renewal is ten thousand dollars.

(4) The application fee for a dispensary associated key employee is five hundred dollars.

(5) The application fee for a dispensary key employee is two hundred fifty dollars.

(6) The application fee for a dispensary support employee is one hundred dollars.

(7) The biennial renewal fee for a dispensary license is seventy thousand dollars.

(8) The biennial renewal fee for a dispensary associated key employee card is five hundred dollars.

(9) The biennial renewal fee for a dispensary key employee card is two hundred fifty dollars.

(10) The biennial renewal fee for a dispensary support employee card is one hundred dollars.

(B) The following non-refundable, change in description fees are as follows:

(1) The fee for a change in ownership is five thousand dollars.

(2) The fee for a relocation is five thousand dollars.

(3) The fee for a major modification or renovation is five thousand dollars.

(D) All fees required under this rule shall be paid to the state board of pharmacy by check made payable to the Ohio treasurer of state, or other method approved by the state board of pharmacy.

Last updated September 6, 2022 at 8:35 AM

History

Effective: September 5, 2022
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-2-08 Licensing of medical marijuana dispensary support employees.

(A) An applicant for a dispensary support employee license shall:

(1) Comply with all requirements set forth in Chapter 3796. of the Revised Code and the rules adopted thereunder;

(2) Comply with the criminal records check requirements in this rule;

(3) Be twenty-one years of age or older; and

(4) Submit a complete application, in a manner determined by the board, that includes all the following:

(a) The name and license number of the dispensary employing the applicant;

(b) The printed name, license number, and signature of the designated representative of the dispensary employing the applicant;

(c) A copy of the applicant's unexpired driver's license, identification card issued by the Ohio bureau of motor vehicles (BMV) or the equivalent issued by another state, or United States passport or United States passport card, or other identification approved by the board;

(d) An acknowledgment that the applicant has not been convicted of a disqualifying offense in any jurisdiction;

(e) The required fee; and

(f) Any additional information or documentation required by the state board of pharmacy.

(B) Pursuant to section 3796.13 of the Revised Code, dispensary support employee applicants must submit fingerprint impressions to the bureau of criminal investigation (BCI) for a criminal records check of the applicant.

(C) Pursuant to section 4776.02 of the Revised Code, the criminal records check performed by BCI shall consist of both a BCI criminal records check and a federal bureau of investigation (FBI) criminal records check. BCI shall send the results of the BCI and FBI criminal records checks directly to the state board of pharmacy.

(D) The state board of pharmacy requires that the criminal records check:

(1) Be based on electronic fingerprint impressions that are submitted directly to BCI from a "WebCheck" provider agency located in Ohio. The state board of pharmacy may accept the results of a criminal records check based on ink impressions from a "WebCheck" provider agency only if readable electronic fingerprint impressions cannot be obtained, or if submission of ink impressions is otherwise authorized by BCI.

(2) Results will only be considered valid if the fingerprint impressions were obtained within the twelve-month period immediately preceding the application date.

(E) If a dispensary support employee license has expired, the applicant shall submit to a criminal records check that meets the criteria prescribed in this rule.

(F) Applicants under this rule who meet the requirement of Chapter 3796. of the Revised Code and this division, who do not have a conviction for, judicial finding of guilt of, or plea of guilty to a disqualifying offense, and who submit the required fee shall be issued a dispensary support employee license. Any license issued pursuant to this rule shall be effective from the date the license is issued until the expiration date of the first day of July of each odd-numbered year. Initial licenses issued on or after the first day of April of each odd-numbered year shall receive an expiration date of the first day of July of the next odd-numbered year.

(G) Except as authorized under paragraph (B) of rule 3796:6-2-09 of the Administrative Code, a dispensary support employee license is non-transferrable and shall expire upon the occurrence of any of the following conditions:

(1) At the conclusion of the biennial term as indicated on the support employee's license;

(2) When the support employee is no longer employed by the licensed dispensary identified on the support employee's application; or

(3) When the licensed dispensary identified on the support employee's application ceases to maintain its certificate of operation.

(H) A renewal application for a support employee license shall be submitted no later than the expiration date listed on the employee's biennial license. Renewal applications shall be accepted no earlier than ninety days prior to the expiration date on a date determined by the board's director of licensing.

(I) A dispensary support employee shall submit a renewal application, in a manner determined by the board, that inlcudes all the following:

(1) An acknowledgement that the applicant does not have a conviction for, judicial finding of guilt of, or plea of guilty to a disqualifying offense;

(2) The required fee; and

(3) Any additional information required by the state board of pharmacy in the licensing process.

(J) A dispensary support employee license is valid until the expiration indicated on the employee's biennial license. A license that is not renewed by the expiration date is expired.

(K) An individual who fails to renew their license in accordance with this rule is prohibited from engaging in the activities authorized by Chapter 3796. of the Revised Code and agency 3796 of the Administrative Code.

(L) A dispensary support employee with an expired license may apply to reinstate their license in accordance with this rule.

(M) If any information contained in the application or accompanying documents changes after being submitted to the state board of pharmacy, the applicant shall immediately notify the state board of pharmacy in writing and provide corrected information within fourteen days of the change.

Last updated July 21, 2026 at 12:34 PM

History

Effective: February 14, 2022
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-2-09

(A) All dispensary associated key employees, key employees and support employees are employees of a dispensary and shall hold an employee license issued by the state board of pharmacy. No licensed dispensary shall allow a person to begin work at the dispensary before receiving an employee license by the state board of pharmacy. No person with an expired employee license shall work at a dispensary.

(B) A dispensary employee license issued by the state board of pharmacy shall authorize the dispensary employee to work at any dispensary issued a certificate of operation to the same collective owners. For purposes of this paragraph, "owner" has the same meaning as defined under rule 3796:6-2-03 of the Administrative Code.

(D) A licensed dispensary employee who changes their mailing or email address shall notify the state board of pharmacy of the new address within thirty calendar days of the effective date of such change.

(E) A licensed dispensary employee who has a legal change of name shall notify the state board of pharmacy within thirty calendar days of the effective date of such change. Such notification of a name change shall be accompanied by one of the following:

(1) A notarized affidavit;

(2) A certified copy of a court record; or

(3) A certified copy of a marriage certificate.

(F) Licensed dispensary employees whose responsibilites require obtaining information from the drug database must register for access as required by the state board of pharmacy, pursuant to division (A)(15) of section 4729.80 of the Revised Code.

(G) Upon termination of employment or when a dispensary employee otherwise ceases to be employed with a dispensary, the dispensary shall:

(1) Collect the employee identification card for destruction and disposal by the dispensary. The dispensary shall ensure the destruction of the dispensary employee identification card as soon as possible but no more than ten calendar days from the date of termination or separation.

(2) Submit a notice of separation to the board within ten calendar days of the termination or separation of the dispensary employee in a manner determined by the board.

(H) All dispensary employee applicants must consent to be enrolled in the Ohio attorney general's retained applicant fingerprint database ("Rapback"), or other third-party database, as determined by the state board of pharmacy, that monitors publicly available databases for arrests and criminal convictions.

(I) A dispensary shall not employ any person who has been convicted of a felony relating to controlled substances, or who, at any time, has had a drug enforcement administration registration or any license or registration from a licensing agency under Chapter 4776. of the Revised Code, denied, revoked, or surrendered for cause. "For cause" means surrendering a registration in lieu of, or as a consequence of, any federal or state administrative, civil, or criminal action resulting from an investigation of the individual's handling of controlled substances.

(J) The reporting by an employee of a concern about compliance with or suspected violations of any state or federal regulation, including Chapter 3796. of the Revised Code and this division, shall not constitute independent cause for revoking or denying an employee license. An applicant who had his or her employee license revoked or suspended due to his or her employer's revocation or suspension of a provisional license or certificate of operation shall not be prohibited from obtaining an employee license authorizing employment by another medical marijuana entity, if the suspension or revocation of the provisional license or certificate of operation was a result of the applicant reporting an incident or violation of any state or federal law, including Chapter 3796. of the Revised Code and this division.

Last updated July 21, 2026 at 12:34 PM

History

Effective: December 10, 2021
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-2-10 Medical marijuana dispensary certificate of operation renewal.

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

(B) Every dispensary issued a certificate of operation pursuant to this division shall submit the following to the state board of pharmacy at least forty-five calendar days prior to the date the existing certificate expires:

(1) A completed medical marijuana dispensary renewal application;

(2) A roster that includes all the dispensary employees' names and dispensary employees' license numbers;

(3) Documentation sufficient to establish that the applicant is in compliance with the applicable tax laws of this state;

(4) The required fee; and

(5) Any additional information or documentation required by the board.

(C) A renewal application shall be accepted no earlier than ninety days prior to the date the existing certificate expires on a date determined by the board's director of licensing.

(D) If the premises on which the dispensary operates are leased, the renewal application must include an attestation that the premises identified on the application have been leased for the following two-year licensing term and is not subject to any contractual restrictions that would prevent it from operating in compliance with Chapter 3796. of the Revised Code and this division.

(E) A dispensary is only permitted to renew its certificate of operation with the existing ownership and location as originally awarded with the certificate or any subsequent approval by the board. A dispensary that is eligible to apply for a change of ownership pursuant to rule 3796:6-2-12 of the Administrative Code or a relocation pursuant to rule 3796:6-2-13 of the Administrative Code must request such changes separate from the renewal application.

(F) If the dispensary is operated in compliance with Chapter 3796. of the Revised Code and this division, and the renewal fee is paid, the state board of pharmacy shall renew the certificate of operation, to be effective on the expiration date of the previous certificate of operation. Upon receipt of a renewal application, the state board of pharmacy shall consider:

(1) The dispensary's history of compliance with regulations promulgated under this division of the Administrative Code;

(2) The number and severity of any violations;

(3) The correction of violations, penalties, or other enforcement actions; and

(4) Any additional criteria deemed necessary by the state board of pharmacy.

(G) The state board of pharmacy may deny a dispensary certificate of operation renewal application due to:

(1) Failure to pay the renewal fee;

(2) Poor compliance history;

(3) Criminal violations with a nexus to the dispensary's operation;

(4) Discipline issued for violations of Chapter 3796. of the Revised Code or this division; or

(5) Any additional criteria deemed applicable by the state board of pharmacy.

(H)

(1) A dispensary certificate of operation renewal application that is filed less than forty-five days prior to the expiration date of the dispensary's certificate will only be considered complete with the payment of the required late fee, in addition to the required application fee.

(2) The state board of pharmacy shall renew a dispensary's certificate of operation that files a renewal application less than forty-five days prior to the expiration date of the dispensary's certificate, subject to paragraph (F) of this rule, within thirty calendar days after the expiration date of the certificate.

(3) A dispensary certificate of operation that is not renewed by the expiration date shall be considered lapsed.

(4) A dispensary shall not purchase, receive, sell, or dispense any medical marijuana while the certificate of operation is lapsed.

(I)

(1) If a dispensary certificate of operation renewal application is not filed prior to the expiration date of the dispensary's certificate, the certificate of operation will be deemed expired.

(2) A dispensary shall not purchase, receive, possess, sell, or dispense any medical marijuana with an expired certificate of operation.

(3) A dispensary that allowed its certificate of operation to expire and wishes to resume operations as a licensed dispensary under Chapter 3796. of the Revised Code and this division shall apply for a license in accordance with rules 3796:6-2-01 and 3796:6-2-02 of the Administrative Code.

Last updated July 21, 2026 at 12:34 PM

History

Effective: February 14, 2022
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-2-13

(A) A dispensary may relocate in the district where the dispensary is licensed. To relocate a dispensary, the dispensary must submit an application requesting the change and the relocation fee to the state board of pharmacy. Pursuant to division (B) of section 3796.05 of the Revised Code, the state board of pharmacy shall consider the following in evaluating a dispensary's request to relocate:

(1) The population of this state;

(2) The number of patients seeking to use medical marijuana; and

(3) The geographic distribution of dispensary sites to ensure patient access to medical marijuana.

(B) The new dispensary location shall be in the same dispensary district as the existing location and meet all the requirements set forth in Chapter 3796. of the Revised Code and this division of the Administrative Code.

(C) If the information and documents submitted by the dispensary comply with Chapter 3796. of the Revised Code and this rule, and the proposed location is acceptable to the state board of pharmacy, the state board of pharmacy shall issue a provisional license to relocate. The dispensary may continue to operate at the existing location, until the new location receives its certificate of operation. The dispensary may not dispense medical marijuana in two locations under the same certificate of operation number.

(D) Once the new dispensary location is complete, the dispensary shall notify the state board of pharmacy and request an inspection to be completed in the same manner as described under rule 3796:6-2-06 of the Administrative Code.

(E) Prior to issuing a certificate of operation, the state board of pharmacy will inspect the dispensary to confirm compliance with Chapter 3796. of the Revised Code and this division. Final approval for the dispensary to operate will be issued by the state board of pharmacy only after the completion of a successful inspection.

(F) A dispensary shall not dispense medical marijuana at the new location until the state board of pharmacy approves the dispensary and issues an amended certificate of operation noting the new location. The amended certificate of operation will not be valid until the preceding certificate of operation is returned to the state board of pharmacy.

(G) Once the state board of pharmacy has issued an amended certificate of operation, the dispensary shall notify the state board of pharmacy of the dispensary opening date.

(H) The certificate of operation that includes the new address shall retain the expiration date of the previously issued certificate.

(I) An application for a relocation of a dispensary may not be combined with an application for renewing a dispensary certificate of operation or a request for a change of ownership. The state board of pharmacy shall process each application separately.

(J) Should the dispensary relocate, it shall inform its existing patients of the new dispensary location in writing at least ninety calendar days prior to the relocation.

Last updated July 21, 2026 at 12:34 PM

History

Effective: December 10, 2021
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-2-14 Procedure for discontinuing business as a medical marijuana dispensary.

(A) A dispensary that plans to discontinue business activities shall file a written notice with the board of pharmacy. The written notice shall be submitted to the board at least thirty calendar days in advance of the proposed date of discontinuing business, unless waived by the board's executive director or the director's designee due to extraordinary circumstances beyond the licensee's control. This notice shall include the following information:

(1) The name, address, and dispensary certificate of operation number of the licensee discontinuing business;

(2) The time, date and licensed employees who will destroy the remaining stock of medical marijuana and medical marijuana products;

(3) The name and address where the records of purchasing and dispensing will be kept in conformance with rule 3796:6-3-17 of the Administrative Code; and

(4) The proposed date of discontinuing the business.

(B) A licensed dispensary that is discontinuing its business may negotiate with a licensed processor for a one-time transfer of remaining medical marijuana inventory to another licensed dispensary. Such transfer and sale must be appropriately reflected in the state inventory tracking system.

(C) Upon discontinuing a business, the medical marijuana dispensary shall destroy the certificate of operation and all dispensary employee cards.

(D) Storage and transfer of records. If a dispensary closes due to insolvency, revocation, bankruptcy, or for any other reason, all records must be preserved at the expense of the dispensary for at least three years in a form and location in Ohio that is acceptable to the state board of pharmacy. The dispensary shall keep the records longer if requested by the state board of pharmacy. The dispensary shall notify the state board of pharmacy of the location where the dispensary records are stored or transferred.

Last updated July 21, 2026 at 12:34 PM

History

Effective: December 10, 2021
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-3-17

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

(B) Any dispensary that uses an electronic system for the storage and retrieval of patient information or other medical marijuana records, shall use a system that:

(1) Guarantees the confidentiality of the information contained within;

(2) Can be accessed by the state board of pharmacy in accordance with this division;

(3) Can provide safeguards against erasures and unauthorized changes in data after the information has been entered and verified by the dispensary;

(4) Contains a true audit trail that indicates and dates any edits or deletions to a patient record; and

(5) Is capable of being reconstructed or retrieved within three business days, in the event of a computer malfunction or accident resulting in the destruction of the database.

(C) Each dispensary shall keep a record of all medical marijuana received, dispensed, sold, destroyed, or used. The acts of dispensing and destroying of a controlled substance must be documented with the positive identification of the responsible individual. These records may be kept electronically if the method is approved by the state board of pharmacy and the records are backed-up each business day.

(D) Any dispensary intending to maintain records at a location other than the licensed dispensary premises must first send a written request to the state board of pharmacy. The request shall contain the dispensary name and license number of the requestor and the name and address of the alternate location. The state board of pharmacy will send written notification to the dispensary documenting the approval or denial of the request. A copy of the state board of pharmacy's approval shall be maintained with the medical marijuana records located on the licensed dispensary premises. Any alternate location shall be secured and accessible only to authorized dispensary employees.

(E) Documentation maintained and organized by a dispensary in the normal course of business must be available for inspection by the state board of pharmacy and include, but is not limited to:

(1) Background checks for employees conducted by the dispensary, if applicable;

(2) Operating procedures;

(3) Inventory records;

(4) Audit records;

(5) Staffing plan;

(6) Business records that include:

(a) Assets and liabilities;

(b) Third party vendor list;

(d) Written or electronic accounts that shall include bank statements, journals, ledgers, and supporting documents, agreements, checks, invoices and vouchers; and

(e) Any other financial accounts reasonably related to dispensary operations.

(7) Surveillance records (not including video camera recordings);

(8) Attendance logs;

(9) Employee training records;

(10) Quality assurance review logs;

(11) Records relating to the purchase or return, dispensing, distribution, destruction, and sale of medical marijuana; and

(12) All other records required under Chapter 3796. of the Revised Code and this division.

(F) All records listed in paragraph (E) of this rule shall be maintained for at least three years under appropriate supervision to ensure confidentiality and be made readily available for release in accordance with rule 3796:6-3-18 of the Administrative Code.

Last updated July 21, 2026 at 12:34 PM

History

Effective: September 5, 2022
Promulgated Under: 119.03

Chapter 3796:6-3 Operations

Ohio Adm.Code 3796:6-3-01 Dispensary operations generally.

(A) A dispensary awarded a certificate of operation under this division shall:

(1) Operate in accordance with the representations made in its application; and

(2) Comply with Chapter 3796. of the Revised Code and this division.

(B) Only a dispensary with an active certificate of operation from the state board of pharmacy may authorize and engage in medical marijuana dispensary operations.

(C) A dispensary shall not dispense marijuana from, obtain marijuana from, or transfer marijuana to, a location outside of the state of Ohio.

(D) A dispensary shall not obtain, cultivate, deliver, transfer, transport, sell or dispense marijuana except:

(1) It may acquire marijuana from a processor or cultivator holding a plant-only processor designation;

(2) It may sell expired plant material to a processor licensed by the department of commerce, if all original tamper-resistant seals from the original cultivator's container remain intact;

(3) Dispensary employees may dispense and sell marijuana only to a patient or caregiver, in a dispensary department, in accordance with Chapter 3796. of the Revised Code and this division; and

(4) It may initiate a transfer of inventory over the course of discontinuing business pursuant to rule 3796:6-2-14 of the Administrative Code.

(E) No person at a dispensary shall provide free medical marijuana samples or engage in compounding as defined under section 4729.01 of the Revised Code.

(F) A dispensary shall sell medical marijuana only in the original, sealed containers or packaging as delivered by the processor or cultivator holding a plant-only processor designation.

(G) Upon a patient or caregiver's request, a dispensary may provide the patient or caregiver to whom medical marijuana has been dispensed by the dispensary, with a container that is intended to be used for the transport of medical marijuana aliquots. Such a container shall:

(1) Meet the requirements in paragraph (A) of rule 3796:8-1-01 of the Administrative Code;

(2) Have an affixed label containing:

(a) The product name, form, dose, product identifier, product identification number, and quantity for which the container was provided;

(b) The date and quantity dispensed, including the net weight measured in ounces and grams or by volume, as appropriate;

(d) The name, address and license number of the dispensary;

(e) A warning that states: "This product may cause impairment and may be habit-forming;"

(f) The statement: "This product may be unlawful outside of the State of Ohio;"

(g) If the product is in a form other than plant material, the following must be included:

(i) The date on which the product was manufactured and the name and license number of the processor that manufactured the product;

(ii) A list of all ingredients and all major food allergens as identified in 21 USC 343; and

(iii) A warning that states: "Caution: When eaten or swallowed, the effects and impairment caused by this drug may be delayed."

(3) All labels printed for the purposes of this paragraph shall be printed as a duplicate, auditable label in the dispensary's internal inventory control system.

(4) A record of all containers provided to a patient or caregiver pursuant to this paragraph shall be kept for at least three years. This record shall include at least the following:

(a) The product name, form, dose, product identifier, and quantity for which the container was provided;

(b) Positive identification of the employee responsible for providing the container; and

(H) A dispensary shall place all products sold to the qualifying patient or caregiver in an opaque package that shall not indicate the contents of the package, the originating facility or in any other way cause another person to believe that the package may contain marijuana.

(I) A dispensary shall not permit any person to enter the dispensary department unless:

(1) Such person is a licensed dispensary employee whose responsibilities necessitate access to the dispensary department;

(2) Such person is a registered patient or caregiver whose active registration is verified before entry into the dispensary department. Patients and caregivers shall not be permitted behind the service counter or in other restricted access areas; or

(3) Such person's responsibilities otherwise necessitate access to the dispensary department and then only for as long as necessity requires. Persons necessitating access may include authorized agents from the state board of pharmacy and local, state, or federal law enforcement authorities. All others who necessitate access shall be under direct personal supervision while on licensed dispensary premises.

(J) All dispensary employees shall at all times while on dispensary premises, wear above the waist, an employee identification card printed by the dispensary at which they are employed.

(1) Each employee identification card shall clearly identify the employee to the public and contain, at a minimum, the following features of information:

(a) A clear photo of the image of the employee's face measuring two inches by two inches, taken not more than ninety days prior to the issuance to the employee;

(b) The date on which the identification card was issued to the employee;

(d) The medical marijuana employee license number;

(e) Security features to prevent unauthorized duplication of the employee's identification card; and

(f) The name of the dispensary.

(2) Identification cards shall expire four years from the date of issuance. The dispensary's designated representative shall be responsible for collecting and destroying all expired cards and cards from employees who are no longer employed by the dispensary.

(3) A dispensary employee shall be issued a separate identification card for each dispensary employing that individual, unless the dispensaries employing the individual share common ownership and use identical cards for all dispensaries employing the individual;

(4) Dispensaries may only print an employee identification card for an employee that holds an active license issued pursuant to Chapter 3796. of the Revised Code and the rules adopted thereunder.

(K) A dispensary shall maintain a list of all third-party vendors. The third-party vendor list shall be provided to the state board of pharmacy upon request.

(L) A dispensary designated representative shall review dispensary organization policies and procedures at least once every twelve months from the issue date of the certificate of operation and update as needed or as requested by the state board of pharmacy. The time and date of such reviews shall be documented at the completion of each review.

(M) No medical marijuana requiring refrigeration or hot-holding or considered potentially hazardous food shall be possessed or sold by a dispensary.

Last updated July 21, 2026 at 12:34 PM

History

Effective: July 11, 2022
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-2-14

(1) The name, address, and dispensary certificate of operation number of the licensee discontinuing business;

(2) The time, date and licensed employees who will destroy the remaining stock of medical marijuana and medical marijuana products;

(3) The name and address where the records of purchasing and dispensing will be kept in conformance with rule 3796:6-3-17 of the Administrative Code; and

(4) The proposed date of discontinuing the business.

(C) Upon discontinuing a business, the medical marijuana dispensary shall destroy the certificate of operation and all dispensary employee cards.

Last updated July 21, 2026 at 12:34 PM

History

Effective: December 10, 2021
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-3-04 Procedures when dispensary is closed.

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

(1) Keys and access codes to the alarm system shall be controlled in such a manner so as to prevent access to the dispensary by anyone other than authorized dispensary key employees.

(2) Only a dispensary key employee shall have the authority to deactivate the alarm system.

(B) During times when a dispensary is closed, it shall have an operating surveillance system in accordance with rule 3796:6-3-16 of the Administrative Code.

(1) The surveillance system shall either collect and store video surveillance on a twenty-four-hour basis; or

(2) It shall live-stream on a twenty-four-hour basis and be capable of activation when the motion is detected and when the dispensary's security system detects an intrusion. All motion detection delay systems shall carry a filter time of no less than six seconds.

(D) A dispensary shall not sell medical marijuana when the dispensary is closed.

(E) A designated representative shall notify the state board of pharmacy immediately upon discovery of any unauthorized access at the dispensary.

Last updated July 21, 2026 at 12:34 PM

History

Effective: September 8, 2017
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-3-06 Receipt of medical marijuana by a dispensary.

(A) Each dispensary shall:

(1) Establish a standard operating procedure for all aspects of the receipt, storage, packaging, labeling, handling, tracking and dispensing of products containing medical marijuana and medical marijuana waste.

(2) Use the state inventory tracking system, established pursuant to section 3796.07 of the Revised Code, to identify and track all information deemed necessary by the state board of pharmacy as it relates to the dispensary's stock of medical marijuana from the time it is received to the time it is dispensed to a patient or caregiver. All information related to the receipt, dispensing, and destruction of all medical marijuana, that the state board of pharmacy deems necessary, shall be transmitted electronically to the department of commerce through the inventory tracking system.

(3) Transmit electronically to the state board of pharmacy the information related to the dispensing of all medical marijuana as set forth in rules 3796:6-3-08 and 3796:6-3-10 of the Administrative Code.

(4) Train each dispensary employee in the standard operating procedures related to the receipt, storage, dispensing, and disposal of medical marijuana and retain employee training attendance records.

(B) Before accepting a delivery of medical marijuana, a dispensary key employee must inspect and acknowledge that the delivery meets relevant packaging and labeling requirements. The delivery of any medical marijuana failing to adhere to relevant packaging and labeling requirements shall not be accepted by a dispensary and shall be immediately returned to the processor or cultivator holding a plant-only processor designation.

(D) All areas where medical marijuana is delivered shall be secured and monitored with video surveillance. Access shall be limited to necessary licensed processor, cultivator, and dispensary employees.

(E) All areas where medical marijuana and devices are stored must be dry, well-lit, well-ventilated, and maintained in a clean and orderly condition. Storage areas shall be maintained at temperatures and under lighting conditions which will ensure the integrity of medical marijuana prior to its use.

(F) Only individuals authorized pursuant to Chapter 3796. of the Revised Code and this division may have unsupervised access to medical marijuana.

Last updated July 8, 2025 at 2:15 PM

History

Effective: July 11, 2022
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-3-08

(A) A dispensary is authorized to sell medical marijuana only to:

(1) Qualified patients, eighteen years of age and older, and designated caregivers. No one other than employees of a dispensary shall sell medical marijuana to a patient or caregiver; and

(2) Laboratories licensed under Chapter 4729-13 of the Administrative Code to possess dangerous drugs and controlled substances for scientific and clinical purposes.

(B) A dispensary employee may exercise their judgment to determine whether to dispense medical marijuana to a patient or caregiver if the dispensary employee suspects that dispensing medical marijuana to the patient or caregiver may have negative health or safety consequences for the patient or for the public, or when the patient is exhibiting signs of potential abuse or diversion. Such a determination shall be reported to the state board of pharmacy within twenty-four hours.

(C) A dispensary employee shall require the presentation of a registry identification card together with another form of approved state-issued photographic identification belonging to a qualifying patient or caregiver, prior to selling medical marijuana to such qualifying patient or caregiver.

(D) Except as provided in paragraph (B) of this rule, a dispensary employee shall dispense in accordance with fill periods specified in rule 3796:7-2-04 of the Administrative Code. No caregiver shall receive more than the aggregate amount of medical marijuana authorized for each of the caregiver's patients.

(E) Each dispensary internal inventory system shall be compatible with and capable of integrating with the state inventory tracking system.

(F) Each dispensary shall use a scanner approved by the state board of pharmacy to retrieve patient registry data by scanning patient or caregiver registry identification cards and government issued photographic identification.

(G) A dispensary shall not dispense expired, damaged, deteriorated, misbranded, adulterated, or opened medical marijuana.

(H) When dispensing or selling medical marijuana all dispensaries shall comply with division (B) of section 3796.20 of the Revised Code including:

(1) Dispense or sell only upon a showing of a current, valid patient or caregiver registry identification card; and current and valid state photo identification or other identification approved by the board. Medical marijuana may not be dispensed to a patient or caregiver who does not possess a registry identification card issued by the state board of pharmacy, unless the dispensation is in accordance with a reciprocal agreement established pursuant to section 3796.16 of the Revised Code.

(2) A dispensary employee shall verify:

(a) The validity of the patient or caregiver's registration by scanning the patient or caregiver's state-issued identification, such as a driver's license or other identification approved by the board. The identification number on the item presented by the patient or caregiver must be identical to the identification number included in the patient's or caregiver's registry record;

(b) Possession of a patient or caregiver registry card with the holder's name and identification card number identical to the identification provided pursuant to subdivision (2)(a) of paragraph (H) of this rule;

(c) The patient or caregiver has not exceeded the purchase limits established in rule 3796:7-2-04 of the Administrative Code or that the amount of medical marijuana that the patient or caregiver is requesting would not cause the patient to exceed the purchase limits established in rule 3796:7-2-04 of the Administrative Code.

(3) A dispensary employee shall confirm that each recommendation is complete. A complete recommendation contains the following:

(a) Patient full name;

(b) Patient residential address;

(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 board;

(g) Patient registration number issued by the state board of pharmacy;

(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.

(4) Update the patient record in the dispensary's internal inventory system with the following information:

(a) Dispensary certificate of operation number, which shall be populated by a number provided by the board;

(b) Dispensary name;

(d) Dispensary telephone number;

(e) Date order filled, which shall be the date medical marijuana is dispensed;

(f) Order number, which shall be the serial number assigned to each medical marijuana product dispensed to a patient;

(g) Quantity;

(h) Days' supply;

(i) Product identifier, which shall be assigned by the state board of pharmacy;

(j) Payment code for either cash or third-party provider; and

(k) Drug name, which shall be the brand name of the medical marijuana.

(I) A dispensary may sell medical marijuana to patients and caregivers only in a direct, face-to-face exchange without the assistance of any electronic or mechanical device (such as a vending machine or other automated dispensing unit). A dispensary must sell medical marijuana in whole day increments.

(J) A dispensary shall dispense medical marijuana in a manner consistent with any instructions for use as determined by the recommending physician.

(K) A dispensary must include the name of the dispensary on the packaging of any medical marijuana or medical marijuana product it sells. Each package sold must be placed in an unmarked, opaque bag before leaving the dispensary.

(L) All recommendations must be serially numbered when dispensed.

(1) There must be a complete accounting of all numbers used in the serial numbering system.

(2) 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.

(M) A dispensary shall maintain a record of each sale, purchase and return of medical marijuana in the inventory tracking system established pursuant to section 3796.07 of the Revised Code.

(N) An order purporting to be a recommendation issued not in the usual course of professional treatment or in legitimate and authorized research is not a recommendation within the meaning and scope of Chapter 3796. of the Revised Code and the person who knowingly dispenses such a purported recommendation, as well as the person issuing it, shall be subject to the penalties provided for violations of the provisions of law relating to controlled substances. A dispensary employee is not required to dispense a recommendation of doubtful, questionable, or suspicious origin.

(O) No medical marijuana shall be sold, dispensed, or distributed to a patient or caregiver via a delivery service or any other manner outside of a dispensary, except that a caregiver may deliver medical marijuana to the caregiver's registered patient.

Last updated July 21, 2026 at 12:34 PM

History

Effective: July 11, 2022
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-3-07 Security, control, and storage of medical marijuana at a dispensary.

(A) Pursuant rule 3796:6-3-05 of the Administrative Code, a designated representative shall provide supervision and control of medical marijuana and medical marijuana products and adequate safeguards to ensure that such items are dispensed in accordance with Chapter 3796. of the Revised Code and this division, by the following procedures:

(1) A licensed dispensary key employee shall provide personal supervision of the medical marijuana and medical marijuana products, order forms, all records relating to the dispensing of medical marijuana and medical marijuana products, unless the state board of pharmacy has issued written approval to a dispensary allowing for the storage of records off-site.

(2) Whenever personal supervision of medical marijuana and medical marijuana products is not provided by a licensed dispensary key employee, physical or electronic security of such items must be provided according to the following requirements:

(a) The dispensary department, restricted access areas and stock of medical marijuana must each be secured by a physical barrier with suitable locks and an electronic barrier to detect entry at a time when licensed dispensary employees are not present. The physical barrier shall be constructed from floor to ceiling to separate the public entry area from the dispensary department. Such a barrier, before being put into use, must be approved by the state board of pharmacy.

(b) A restricted access area within the dispensary department must contain all medical marijuana, and if maintained on the licensed premises, all records relating to the dispensing of medical marijuana, and any other items required to be under personal supervision of a licensed dispensary employee.

(c) A dispensary maintaining records at a location other than the premises licensed by the state board of pharmacy or via a computerized recordkeeping system shall maintain an executed agreement with the company possessing or storing the records authorizing an agent of the state board of pharmacy access to the records maintained in accordance with this rule within three business days, excluding weekends and holidays. The dispensary is obligated to ensure the board receives the records in the timeframe specified in this rule.

(d) No item, product, record, or equipment that must be accessible to anyone other than a licensed dispensary employee may be stored in restricted access areas.

(e) No medical marijuana may be sold or otherwise dispensed at any time the dispensary department is closed.

(3) Areas designated for the dispensing and storage of medical marijuana shall meet the security requirements in rule 3796:6-3-16 of the Administrative Code. No person may be within the physical confines of the area designated for dispensing or storage of medical marijuana unless under the personal supervision of a licensed dispensary employee.

(B) A dispensary shall store inventory on the licensed premises. All inventory stored on the licensed premises must be secured in restricted access areas and tracked in the inventory tracking system.

(C) A dispensary shall maintain adequate lighting, ventilation, temperature, humidity control, and equipment. Required equipment includes, but is not limited to, adequate personal protective equipment for employees.

(D) Containers storing expired, damaged, deteriorated, misbranded, adulterated or opened medical marijuana shall be separated from other medical marijuana until they are destroyed in accordance with the dispensary's destruction policy. Expired, damaged, deteriorated, misbranded, or adulterated medical marijuana shall not be stored at the licensed dispensary for more than one week.

(E) The dispensary shall be maintained in a clean and orderly condition. It shall be free from infestation by insects, rodents, birds, or pests.

(F) Medical marijuana shall be stored at appropriate temperatures and under appropriate conditions to help ensure that its identity, strength, quality and purity are not adversely affected.

Last updated July 21, 2026 at 12:34 PM

History

Effective: September 8, 2017
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-3-09 Labeling requirements for medical marijuana sold at a dispensary and accompanying materials.

(A) A dispensary shall ensure that the following information is clearly provided on the outside of each container or package containing medical marijuana, prior to sale:

(1) The business or trade name and the license number of the cultivator that cultivated the marijuana;

(2) The product identifier;

(3) The date and quantity dispensed, including the net weight measured in ounces and grams or by volume, as appropriate;

(4) The name and registry number of the patient and, if applicable, the name of his or her designated caregiver;

(5) The name, address and license number of the dispensary;

(6) The cannabinoid profile and concentration levels and terpenoid profile as determined by the testing laboratory;

(7) A warning that states: "This product may cause impairment and may be habit-forming;"

(8) The statement: "This product may be unlawful outside of the State of Ohio;"

(9) The date on which the marijuana was harvested;

(10) If the product is in a form other than plant material, the following must be included:

(a) The date on which the product was manufactured and the name and license number of the processor that manufactured the product;

(b) A list of all ingredients and all major food allergens as identified in 21 USC 343;

(c) A warning that states: "Caution: When eaten or swallowed, the effects and impairment caused by this drug may be delayed;" and

(d) If a marijuana extract was added to the product, a disclosure of the type of extraction process and any solvent, gas or other chemical used in the extraction process or any other compound added to the extract.

(B) The requirements set forth under paragraph (A) of this rule may be partially satisfied if required information is included on the cultivator or processor-created package. A dispensary shall include on its affixed label, any required information that is also included on the cultivator or processor-created package if that information is obscured, in whole or in part, by the affixed label.

(C) A dispensary must provide with all medical marijuana dispensed, accompanying material that discloses any pesticide applied to the marijuana plants and growing medium during production and process and that contains the following warnings:

(1) "Warning: This product may cause impairment and may be habit-forming. Smoking medical marijuana is not permitted in the State of Ohio."

(2) "There may be health risks associated with consumption of this product."

(3) "Should not be used by women who are pregnant or breastfeeding."

(4) "For use only by the person named on the label of the dispensed product. Keep out of reach of children."

(5) "Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug."

(6) The toll-free telephone line established by the state board of pharmacy in accordance with section 3796.17 of the Revised Code

(7) The text used on all accompanying material must be printed in at least twelve-point font and may not be in italics.

(D) A dispensary shall include the following printed statement on the receipt or in the bag or other similar packaging in which dispensed medical marijuana is transferred from the dispensary to a patient or caregiver: "If you have a concern that an error may have occurred in the dispensing of your medical marijuana, you may contact the State of Ohio Board of Pharmacy, using the contact information found at medicalmarijuana.ohio.gov." Such language shall be in a size and font that is easily readable by patients.

History

Effective: September 8, 2017
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-3-11 Duty to report.

(A) A person licensed under this chapter is responsible to monitor for suspicious recommendations, unusual usage, or questionable disposition of medical marijuana.

(B) Each person licensed under this chapter shall notify the following upon discovery of the theft or loss of any medical marijuana or medical marijuana device, including medical marijuana in transit that was either shipped from or to the dispensary:

(1) The state board of pharmacy, by telephone immediately upon discovery of the theft or loss;

(2) Law enforcement authorities with jurisdiction over the location where the theft or loss occurred pursuant to section 2921.22 of the Revised Code.

(C) Medical marijuana thefts or unexplained losses must be reported to the state board of pharmacy in writing irrespective of whether the medical marijuana is recovered and/or the responsible parties are identified and action taken against them. Written reports must be provided to the state board of pharmacy within forty-eight hours following the discovery of such theft or loss.

(1) The written report must include:

(a) The name, address, and license number of the dispensary;

(b) The amount and type of medical marijuana lost or stolen;

(d) The date the loss or theft was discovered;

(e) The person who discovered the loss or theft;

(f) The person responsible for the loss or theft if known; and

(g) Any other information that the reporter believes might be helpful in establishing the cause of the loss or theft.

(2) An exemption may be obtained upon sufficient cause if written notification cannot be completed within five calendar days.

(3) A request for waiver of the five calendar day limit must be requested in writing prior to the passing of the fifth business day.

(D) Each person licensed under this chapter, immediately upon discovery of any fraudulent or otherwise unlawful recommendation, shall notify the state board of pharmacy and law enforcement authorities. Upon receiving such notice, the state board of pharmacy shall notify the state medical board of all suspected fraudulent recommendations.

(E) Each dispensary, through its designated representative, who knows or should know that a prohibited facility or an opioid treatment program as defined in rule 4729:5-21-01 of the Administrative Code, has been established within five hundred feet of the dispensary shall notify the state board of pharmacy, for purposes of assessing the adequacy of existing security measures.

(F) A person licensed under this chapter who has knowledge, from direct observation or objective evidence, of violations described in paragraph (G) of this rule shall report such conduct to the state board of pharmacy, in a manner specified by the board, within ten days of learning or witnessing the alleged violations.

(G) The following shall be reported to the board:

(1) Except as provided in paragraph (G)(1)(a) of this rule, conduct indicating a dispensary employee is addicted to or is suspected to be abusing alcohol, drugs or other chemical substances or impaired physically or mentally to such a degree as to render the individual unfit to carry out their professional duties.

(a) A dispensary employee shall not be required to report in accordance with this rule if the dispensary employee becomes aware of any condition described in paragraph (G)(1) of this rule as a result of either:

(i) The employee's treatment of the individual for the condition; or

(ii) The employee having access to the individual's protected health information.

(2) Violations, attempts to violate, or aiding and abetting in the violation of any of the provisions of Chapter 3796. of the Revised Code, or any rule adopted by the board under that chapter, by an individual or entity licensed or registered under chapter 3796:6 and chapter 3796:7 of the Revised Code.

(3) Conduct by a dispensary employee that constitutes unprofessional conduct or dishonesty as defined in this rule.

(H)

(1) Pursuant to section 4729.23 of the Revised Code, the identity of the person licensed under this chapter making a report in accordance with this rule shall remain confidential.

(2) Notwithstanding the confidentiality provided in accordance with paragraph (H)(1) of this rule, a dispensary employee may be required to testify in a disciplinary proceeding as to the conduct or violations listed in paragraph (G) of this rule without disclosing the person licensed under this chapter was the reporting individual.

(I) A dispensary employee shall notify the board of any of the following:

(1) Any criminal conviction within ten days after the date of conviction, 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.

(2) The employee is convicted of, pled guilty to, is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state under section 2951.041 of the Revised Code or the equivalent thereof in another jurisdiction within ten days after the individual is deemed eligible.

(3) The employee is granted entry into a diversion program, deferred prosecution program, or the equivalent thereof within ten days after the individual is granted entry into a program.

(4) Any arrest for a felony within ten days after the arrest.

(J) A dispensary employee shall notify the board of any disciplinary licensing or registration action taken by another state against the licensee within ten days of the notice action. This includes, but is not limited to, a disciplinary action that is stayed pending appeal.

(K) Reporting required in accordance with this rule shall be made in writing, either by mail or using the board's online complaint form (available on the board's web site: www.pharmacy.ohio.gov).

(L) "Unprofessional conduct" means conduct that is detrimental to the best interests of the public, including conduct that endangers the health, safety or welfare of a patient or client. Such conduct shall include, but not be limited to, the following acts: coercion, intimidation, harassment, sexual harassment, improper use of private health information, threats, degradation of character, indecent or obscene conduct, and theft.

(M) "Dishonesty" means any action by a licensee or applicant to include, but is not limited to, making any statement that deceives, misrepresents or misleads, or be a party to or an accessory to any fraudulent or deceitful practice or transaction in the dispensation of medical marijuana or in the operation or conduct of a dispensary.

Last updated July 21, 2026 at 12:34 PM

History

Effective: July 11, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4729:5-21-01

As used in Chapter 4729:5-21 of the Administrative Code:

(B) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.

(D) "Dosage unit" means any of the following:

(1) A single pill, capsule, ampule, tablet;

(2) In the case of a liquid solution, one milliliter;

(3) In the case of a cream, lotion, or gel, one gram; or

(4) Any other form of administration available as a single unit.

(F) "Personal supervision" means the person specified in rule shall be physically present at the licensed location to deter and detect the diversion of dangerous drugs.

(H)

(a) A manual signature on a hard copy record;

(b) A magnetic card reader;

(d) A biometric method;

(e) A proximity badge reader;

(f) A board approved system of randomly generated personal questions;

(h) Other effective methods for identifying individuals that have been approved by the board.

(2) A method relying on a magnetic card reader, a bar code reader, a proximity badge reader, or randomly generated questions for identification must also include a private personal identifier.

Last updated April 1, 2026 at 8:36 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-3-12 Quality assurance to prevent dispensing errors.

(A) A dispensary shall display a sign concerning the reporting of dispensing errors in a conspicuous location visible to qualifying patients and caregivers. The sign shall:

(1) Measure a minimum of eight inches in height and ten inches in width and the lettering shall be in a size and style that allows such sign to be read without difficulty;

(2) Read: "If you have a concern that an error may have occurred in the dispensing of your medical marijuana, you may contact the state of Ohio board of pharmacy, using the contact information found at medicalmarijuana.ohio.gov."

(B) A dispensary designated representative shall implement and comply with a quality assurance program that describes, in writing, policies and procedures to detect, identify and prevent dispensing errors. A dispensary shall:

(1) Provide to the state board of pharmacy a written copy of such quality assurance program;

(2) Distribute it to all dispensary employees; and

(3) Make it readily available on the premises of the dispensary.

(1) Directions for communicating the details of a dispensing error to the physician who recommended a qualifying patient, the patient, the patient's caregiver where appropriate, or appropriate family member if the patient is deceased or is unable to fully comprehend communication. Such communication shall describe methods of correcting the dispensing error or reducing the negative impact of the error on the qualifying patient; and

(2) A process to document and assess dispensing errors to determine the cause of the error and the appropriate response.

(D) A dispensary shall use the findings of its quality assurance program to develop dispensary systems and workflow processes designed to prevent dispensing errors.

(E) A dispensary designated representative shall inform dispensary employees of changes to dispensary policy, procedure, systems, or processes made as a result of recommendations generated by the quality assurance program.

Last updated July 21, 2026 at 12:34 PM

History

Effective: July 11, 2022
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-3-13 Review of dispensing errors.

(A) A dispensary designated representative shall notify all dispensary employees that the discovery or reporting of a dispensing error shall be relayed immediately to a dispensary designated representative.

(B) The dispensary designated representative shall report an error in dispensing to the state board of pharmacy, in a manner determined by the board, within forty-eight hours of learning of such error.

(C) A dispensary designated representative shall ensure that a quality assurance review for each dispensing error is completed and that such review is commenced as soon as is reasonably possible, but no later than two business days from the date the dispensing error is discovered.

(D) A dispensary shall create a record of every quality assurance review. This record must contain, but is not limited to, the following:

(1) The date or dates of the quality assurance review;

(2) The pertinent data and other information relating to the dispensing error reviewed;

(3) Documentation of contact with the qualifying patient, caregiver where applicable, and the recommending physician;

(4) The findings and determinations generated by the quality assurance review; and

(5) Recommended changes to dispensary policy, procedure, systems or processes if any.

Last updated July 21, 2026 at 12:34 PM

History

Effective: July 11, 2022
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-3-15 Dispensary patient and caregiver educational materials.

(A) Each dispensary shall develop and maintain a policy regarding patient and caregiver education and support.

(B) A patient and caregiver education and support policy shall include:

(1) Information regarding the signs and symptoms of substance abuse, including tolerance, dependency, and withdrawal;

(2) Whether possession of medical marijuana is illegal under federal law;

(3) Information about possible side effects and contraindications for medical marijuana including possible impairment with use and operation of a motor vehicle or heavy machinery, when caring for children, or of job performance;

(4) Guidelines for contacting the recommending physician if side effects or contraindications occur;

(5) A warning that smoking of medical marijuana is not permitted per Ohio law;

(6) Information on drug-to-drug interactions, including interactions with alcohol, prescription drugs, non-prescription drugs, and supplements; and

(7) Offer any other appropriate patient education or support materials.

(C) A dispensary shall make available information to patients and caregivers regarding the possession and use of marijuana. All such information shall be submitted to the state board of pharmacy for approval prior to being provided to qualifying patients and caregivers and shall include:

(1) Limitations on the right to possess and use marijuana pursuant to Chapter 3796. of the Revised Code;

(2) Safe techniques for the proper use of medical marijuana and medical marijuana paraphernalia;

(3) Prohibition against and dangers associated with medical marijuana extractions;

(4) Alternative methods and forms of consumption or inhalation by which one can use medical marijuana;

(5) Instruction for patients and caregivers with medical marijuana-related inquiries or reports of adverse reactions to the toll-free telephone line established by the state board of pharmacy in accordance with section 3796.17 of the Revised Code;

(6) Signs and symptoms of substance abuse; and

(7) Opportunities to participate in substance abuse programs.

(D) No dispensary shall include in its education policy, instruction for patients or caregivers to cut or otherwise partition medical marijuana patches as appropriate preparation for transdermal administration.

(E) A dispensary shall make publicly available the price of all medical marijuana products offered by the dispensary to prospective qualifying patients and caregivers. Such disclosure may include posting information on the dispensary internet website.

(F) A dispensary shall post a sign directing patients and caregivers with medical marijuana-related inquiries or reports of adverse reactions to the toll-free telephone line established by the state board of pharmacy in accordance with section 3796.17 of the Revised Code. Such sign shall be clearly visible and unobstructed.

Last updated July 21, 2026 at 12:34 PM

History

Effective: July 11, 2022
Promulgated Under: 119.03

Ohio Adm.Code 3796:6-3-17 Record keeping requirements.