Ohio Administrative Code 3796:2 — Medical Marijuana Control Program | Medical Marijuana Cultivators

Chapter 3796:2-1 Licensing; Certificates of Operation

Ohio Adm.Code 3796:2-1-01 Number of cultivator provisional licenses.

(A) Until September 8, 2018, the director of the department of commerce or the director's designee may issue up to twelve level I and twelve level II cultivator provisional licenses, in consideration of the ranking of the applicants in accordance with the criteria listed in section 3796.09 of the Revised Code and this chapter.

(B) Beginning September 9, 2018, and in accordance with section 3796.05 of the Revised Code, the director or the director's designee may issue additional cultivator provisional licenses, if the population of this state and the number of patients seeking to use medical marijuana support additional licenses, at the discretion of the director.

(C) In the event additional cultivator provisional licenses are deemed necessary, the department will follow the application procedures outlined in rule 3796:2-1-02 of the Administrative Code and this chapter.

History

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

Chapter 3796:2-2 Cultivator Operations

Ohio Adm.Code 3796:2-2-02 Cultivator and plant-only processor packaging and labeling.

(A) A cultivator distributing plant material to a processor shall meet the following requirements:

(1) A cultivator shall place plant material in a tamper-evident, light-resistant package approved by the department prior to distributing plant material to a processor. Approved packaging shall maintain the integrity and stability of the plant material.

(2) A label shall be affixed to every package and state in legible English:

(a) The name and license number of the cultivator where the packaged material was cultivated and harvested;

(b) The name and license number of the processor facility receiving the shipment;

(c) The product identifier;

(d) The registered name of the medical marijuana that was registered with the department;

(e) A unique identification number that will match the medical marijuana with a batch and batch number to facilitate any warnings and recalls the department deems appropriate;

(f) The date of harvest, final testing, and packaging;

(g) The total weight in grams of plant material in each package;

(h) The identification of the independent testing laboratory;

(i) The laboratory analysis, profile and a list of all active ingredients, including the percentage content by weight for the following cannabinoids, at a minimum:

(i) Delta-8-tetraydrocannabinol;

(ii) Delta-8-tetrahydrocannabinolic acid;

(iii) Delta-9-tetrahydrocannabinol;

(iv) Delta-9-tetrahydrocannabinolic acid;

(v) Cannabidiol (CBD);

(vi) Cannabidiolic acid (CBDA);

(vii) THC content as defined in rule 3796:1-1-01 of the Administrative Code; and

(viii) Any other cannabinoid determined by the department.

(j) The expiration date, which shall not exceed one calendar year from the date of harvest; and

(k) A statement with the following language: "This product is for medical use and not for resale or transfer to another person. This product may cause impairment and may be habit-forming. This product may be unlawful outside of the State of Ohio."

(B) A cultivator with a plant-only processor license distributing plant material to a dispensary shall meet the following requirements:

(1) A cultivator shall place plant material in a child-proof, tamper-evident, light-resistant package approved by the department prior to distributing plant material to a dispensary. Approved packaging shall maintain the integrity and stability of the plant material.

(2) A label shall be affixed to every package and state in legible English:

(a) The name and license number of the cultivator where the packaged material was cultivated and harvested;

(b) The name and license number of the dispensary receiving the shipment;

(c) The product identifier;

(d) The registered name of the medical marijuana that was registered with the department;

(e) A unique identification number that will match the medical marijuana with a batch and batch number to facilitate any warnings or recalls the department deems appropriate;

(f) The date of harvest, final testing and packaging;

(g) The total weight in grams of plant material in each package;

(h) The identification of the independent testing laboratory;

(i) The laboratory analysis, profile, and a list of all active ingredients, including the percentage content by weight for the following cannabinoids, at a minimum:

(i) Delta-8-tetraydrocannabinol;

(ii) Delta-8-tetrahydrocannabinolic acid;

(iii) Delta-9-tetrahydrocannabinol;

(iv) Delta-9-tetrahyrdrocannabinolic acid;

(v) Cannabidiol (CBD);

(vi) Cannabidiolic acid (CBDA);

(vii) THC content as defined in rule 3796:1-1-01 of the Administrative Code; and

(viii) Any other cannabinoid determined by the department.

(j) The expiration date, which shall not exceed one calendar year from the date of harvest; and

(k) A statement with the following language: "This product is for medical use and not for resale or transfer to another person. This product may cause impairment and may be habit-forming. This product may be unlawful outside the State of Ohio."

(C) A label may contain the approval or certification logo of a third-party certifier of cultivation practices if:

(1) The third-party certifier does not have a direct or indirect financial interest in any medical marijuana entity licensed in the state of Ohio; and

(2) The certification protocols used by the third-party certifier have been reviewed and approved by the department.

(D) A label shall not contain any of the following:

(1) Any false or misleading statement or design;

(2) Depictions of the product, cartoons, or images that are not registered with the department, which includes any insignia related to a governmental entity;

(3) Any sum totals of cannabinoids or terpenes, except THC content as defined in rule 3796:1-1-01 of the Administrative Code; or

(4) Any information that would violate paragraph (F) of rule 3796:5-7-01 of the Administrative Code.

(E) A cultivator may provide a dispensary free samples of plant material sold at the dispensary. A free sample shall be packaged in a sample jar protected by a plastic or metal mesh screen to allow patients and caregivers to smell the plant material before purchase. A sample jar may not contain more than three grams of a particular strain of plant material. The sample jar and the plant material within may not be sold to a patient or caregiver and shall be destroyed by the dispensary after use by the dispensary. The dispensary shall document the destruction of every free sample in accordance with the rules established pursuant to Chapter 3796. of the Revised Code.

(F) It is prohibited for anyone to knowingly or intentionally alter, obliterate, or otherwise destroy any container or label attached to an approved container. In the event a container or label is altered, obliterated, or otherwise destroyed, the department may act in accordance with rule 3796:5-6-01 of the Administrative Code.

Last updated July 21, 2026 at 12:32 PM

History

• Effective: May 2, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 3796:1-1-01

(A) For the purposes of administrative rules promulgated in accordance with Chapter 3796. of the Revised Code, the following definitions shall have the following meanings:

(1) "Abandoned application" means an application for a medical marijuana entity, patient or caregiver where the applicant fails to meet the minimum requirements in order to receive consideration, or is otherwise deemed abandoned pursuant to the rules promulgated in accordance with Chapter 3796. of the Revised Code.

(2) "Adulterated medical marijuana" means marijuana as defined by division (A)(1) of section 3796.01 of the Revised Code in which any of the following applies:

(a) A substance has been mixed or packed with the medical marijuana so as to reduce the quality or strength or the substance has been substituted wholly or in part for the marijuana;

(b) It consists, in whole or in part, of any filthy, putrid, or decomposed substance, including mold, mildew, and other contaminants;

(c) It has been produced, processed, prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or

(d) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.

(3) "Batch" means:

(a) All of the plant material of the same variety of medical marijuana not to exceed fifteen pounds of manicured, dried flowers or buds or twenty-five pounds of plant material, excluding flowers and buds, that have been:

(i) Grown, harvested, and processed together; and

(ii) Exposed to the same conditions throughout cultivation.

(b) Any amount of medical marijuana extract resulting from a single iteration of a specified extraction process, using the same batch or batches of plant material, as defined in paragraph (A)(3)(a) of this rule.

(4) "Batch number" means a unique numeric or alphanumeric identifier assigned prior to testing to allow for inventory tracking and traceability.

(5) "Bona fide physician-patient relationship" shall have the same meaning as used in the rule promulgated by the state medical board of Ohio under section 4731.301 of the Revised Code.

(6) "Certificate of operation" means a license authorizing a medical marijuana entity to begin operating pursuant to Chapter 3796. of the Revised Code.

(7) "Clone" means a non-flowering plant cut from a mother plant that is no taller than eight inches and is capable of developing into a new plant.

(8) "Cultivate" means to grow, harvest, package, and transport medical marijuana pursuant to Chapter 3796. of the Revised Code.

(9) "Cultivator", as used in Chapter 3796. of the Revised Code, means an entity that has been issued a certificate of operation by the department to grow, harvest, package, and transport medical marijuana as permitted under Chapter 3796. of the Revised Code.

(10) "Department" means the Ohio department of commerce.

(11) "Designated caregiver" or "caregiver" means the individual designated by a registered patient in a registry application and who holds an active caregiver identification card.

(12) "Director" means the director of the Ohio department of commerce.

(13) "Dispensary", as used in Chapter 3796. of the Revised Code, means an entity licensed pursuant to sections 3796.04 and 3796.10 of the Revised Code and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.

(14) "Dispense" means the delivery of medical marijuana to a patient or the patient's registered caregiver that is packaged in a suitable container appropriately labeled for subsequent administration to or use by a patient who has an active patient registration with the state of Ohio board of pharmacy, authorizing them to receive medical marijuana.

(15) "Disqualifying offense" means:

(a) A conviction or plea of guilty, including conspiracy to commit, attempt to commit, or aiding and abetting another in committing, the following:

(i) Any offense set forth in Chapter 2925., 3719., or 4729. of the Revised Code, the violation of which constitutes a felony or misdemeanor of the first degree;

(ii) Any theft offense set forth under division (K) in section 2913.01 of the Revised Code, the violation of which constitutes a felony;

(iii) Any violation for which a penalty was imposed under section 3715.99 of the Revised Code;

(iv) A crime of moral turpitude as defined in section 4776.10 of the Revised Code; or

(v) A violation of any former law of this state, any existing or former law of another state, any existing or former law applicable in a military court or Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any of the offenses listed in paragraphs (A)(15)(a)(i) to (A)(15)(a)(iv) of the Administrative Code.

(b) Any first degree misdemeanor offense listed in paragraphs (A)(15)(a)(i) to (A)(15)(a)(v) of the Administrative Code will not automatically disqualify an applicant from licensure if the applicant was convicted of or pleaded guilty to the offense more than five years before the date the application for licensure is filed.

(c) Notwithstanding paragraph (A)(15)(a) or (A)(15)(b) of this rule, no misdemeanor offense, including misdemeanors of the first degree, related to marijuana possession, marijuana trafficking, illegal cultivation of marijuana, illegal use or possession of drug paraphernalia or marijuana drug paraphernalia, or other marijuana related crimes shall be considered a disqualifying offense.

(16) "Employee identification card" means a badge issued by the department in accordance with rule 3796:5-2-01 of the Administrative Code.

(17) "Expired" means medical marijuana that is beyond:

(a) The date specified by the cultivator in its labeling for plant material, not to exceed one calendar year from its harvest date;

(b) The date specified by the processor in its labeling for medical marijuana products, not to exceed one calendar year from its production date; or

(c) Fourteen days of the opening of its processor-originated package by a dispensary employee.

(18) "Financial interest" means any actual or future right to ownership, investment, or compensation arrangement with another person, either directly or indirectly, through business, investment, spouse, parent, or child, in a medical marijuana entity. Financial interest does not include ownership of investment securities in a publicly-held corporation that is traded on a national securities exchange or over-the-counter market in the United States, provided the investment securities held by the person and the person's spouse, parent, or child, in the aggregate, do not exceed one per cent ownership in the medical marijuana entity.

(19) "Flowering stage" means the stage of cultivation where and when a marijuana plant is cultivated to produce plant material for medical marijuana products. This includes mature plants which are identified by:

(a) If greater than two stigmas are visible at each internode of the plant; or

(b) If the marijuana plant is in an area that has been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation, from the exact moment the light deprivation has started to occur and for the remainder of the marijuana plant growth cycle in such area.

(20) "Inventory tracking system" means the electronic database referenced in section 3796.07 of the Revised Code used to monitor medical marijuana.

(21) "Label" means a display of printed information on the immediate container or affixed to the container of any product containing medical marijuana.

(22) "Law enforcement" means a police department, office of a sheriff, state highway patrol, a county prosecuting attorney, or a federal, state, or local governing body that enforces criminal law and that has employees that have statutory power of arrest.

(23) "Level I cultivator" means a cultivator that is permitted to operate up to twenty-five thousand square footage of space designated as the marijuana cultivation area in the application, unless a request for expansion is approved by the director of the department under rule 3796:2-1-09 of the Administrative Code.

(24) "Level II cultivator" means a cultivator that is permitted to operate up to three thousand square footage of space designated as the marijuana cultivation area in the application, unless a request for expansion is approved by the director of the department under rule 3796:2-1-09 of the Administrative Code.

(25) "Lot" means any amount of medical marijuana products of the same exact type produced using the same ingredients, extraction methods, standard operating procedures, and batches of plant material or marijuana extract.

(26) "Lot number" means a unique numeric or alphanumeric identifier assigned prior to testing to allow for inventory tracking and traceability.

(27) "Manufacture" means the process of converting harvested plant material into marijuana extract by physical or chemical means for use as an ingredient in a medical marijuana product.

(28) "Marijuana cultivation area" means the boundaries of the enclosed areas in which medical marijuana is cultivated during the vegetative stage and flowering stage of the cultivation process. For purposes of calculating the marijuana cultivation area square footage, enclosed areas used solely for the storage and maintenance of mother plants, clones, or seedlings shall not be included.

(29) "Medical marijuana" has the same meaning as defined in division (A)(2) of section 3796.01 of the Revised Code.

(30) "Medical marijuana entity" means a licensed medical marijuana cultivator, processor, dispensary, or testing laboratory.

(31) "Medical marijuana extract" means a substance obtained by separating cannabinoids from any part of the marijuana plant by physical or chemical means, so as to deliver a product with a cannabinoid concentration greater than the raw plant material from which it is derived, intended to be refined for use as an ingredient in a medical marijuana product and not for administration to a registered patient.

(32) "Medical marijuana product" means a product that contains cannabinoids that have been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a registered patient, including but not limited to oils, tinctures, edibles, patches, and other forms approved under division (A)(6) of section 3796.06 of the Revised Code. Medical marijuana products shall have a THC content of not more than seventy per cent.

(33) "Medical purpose" means the acquisition, administration, delivery, possession, transfer, transportation, or use of medical marijuana to treat or alleviate a registered patient's qualifying medical condition or symptoms associated with the patient's qualifying medical condition.

(34) "Mother plant" means a marijuana plant that is cultivated or maintained for the purpose of generating clones, and that will not be used to produce plant material for sale to a processor or dispensary.

(35) "Person" includes, but is not limited to, a natural person, sole proprietorship, partnership, joint venture, limited liability partnership or company, corporation, association, agency, business, and not-for-profit organization.

(36) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.

(37) "Plant material" means the leaves, stems, buds, and flowers of the marijuana plant, and does not include seedlings, seeds, clones, stalks, or roots of the plant or the weight of any non-marijuana ingredients combined with marijuana.

(38) "Plant-only processor" means a cultivator, as defined in paragraph (A)(9) of this rule, that has received a license from the department for the limited purposes of packaging, selling, and delivering finished plant material directly to a licensed dispensary for sale to a patient or caregiver.

(39) "Processor", as used in Chapter 3796. of the Revised Code, means an entity that has been issued a certificate of operation by the department to manufacture medical marijuana products.

(40) "Product identifier" means the unique number assigned by the Ohio board of pharmacy for each dose and quantity of a registered product created by a cultivator or processor to allow for inventory and traceability.

(41) "Program" means the Ohio medical marijuana control program.

(42) "Prohibited facility" means any school, church, public library, public playground, or public park, as defined in section 3796.30 of the Revised Code.

(43) "Provisional license" means a temporary license issued to a medical marijuana entity that establishes the conditions that must be met by the medical marijuana entity before the entity is issued a certificate of operation.

(44) "Provisional licensee" means an applicant issued a provisional license to operate as a medical marijuana entity upon the issuance of a certificate of operation.

(45) "Qualified applicant" means an applicant for a medical marijuana entity license that receives at least the minimum score in every category outlined in rule 3796:2-1-02 of the Administrative Code, as developed by the department.

(46) "Recommending physician" means a physician, as defined by division (A)(5) of section 3796.01 of the Revised Code, that holds a valid certificate to recommend medical marijuana issued by the state medical board of Ohio under section 4731.30 of the Revised Code.

(47) "Registered patient", or "patient" as used in Chapter 3796. of the Revised Code, means an Ohio resident who has applied to the state of Ohio board of pharmacy pursuant to section 3796.08 of the Revised Code and who holds an active patient identification card. This also includes residents of states with which reciprocity is established pursuant to section 3796.16 of the Revised Code and otherwise satisfy the requirements to use medical marijuana.

(48) "Testing laboratory" means an independent laboratory located in Ohio that has been issued a certificate of operation by the department to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research, or analysis.

(49) "Tetrahydrocannabinol" or "THC" means all naturally or artificially derived tetrahydrocannabinols, or any structural, optical or geometric isomers, or analogs of tetrahydrocannabinols. This includes, but is not limited to, delta-1 tetrahydrocannabinol; delta-6 tetrahydrocannabinol; delta 3,4 tetrahydrocannabinol; delta-8-tetrahydrocannabinol; delta-9 tetrahydrocannabinol; delta-10 tetrahydrocannabinol; and any other cannabinoid that the department determines to have an intoxicating or psychoactive effect.

(50) "Tetrahydrocannabinol content" or "THC content" means the sum of the amount of tetrahydrocannabinol (THC) and 87.7 per cent of the amount of detectable tetrahydrocannabinolic acid (THCA) present in the product or plant material.

(51) "Unique plant identifier" means a numeric or alphanumeric sequence, as determined by the department, that is assigned to an individual plant when a plant reaches twelve inches in height or is transplanted from a cloning medium or apparatus into a growth medium or apparatus intended for the vegetative or flowering stages of the growth cycle, whichever occurs sooner, to allow for inventory and traceability in the inventory tracking system.

(52) "Vegetative stage" means the stage of cultivation where and when a marijuana plant is propagated to produce additional marijuana plants or reach a sufficient size for production. This includes "seedlings," "clones," "mothers," and other immature marijuana plants identified by: (a) having no more than two stigmas visible at each internode of the marijuana plant and if the marijuana plant is in an area that has not been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation; or (b) any marijuana plant that is cultivated solely for the purpose of propagating clones and is never used to produce any medical marijuana.

Last updated May 2, 2022 at 9:39 AM

History

• Effective: May 2, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 3796:5-7-01

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

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

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

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

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

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

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

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

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

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

(a) Require a specific disclosure be made in the advertisement in a clear and conspicuous manner if the advertisement would be false or misleading without such disclosure;

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

(c) Prohibit the use of the advertisement.

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

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

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

(2) On a billboard;

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

(4) On any handheld or other portable sign;

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

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

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

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

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

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

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

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

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

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

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

(a) False or misleading;

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

(c) Disparaging to a competitor's products;

(d) Obscene or indecent; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History

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

Ohio Adm.Code 3796:5-6-01

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

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

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

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

(3) Issue either administrative subpoenas ad testificandum or subpoenas duces tecum, or both, to compel the testimony of witnesses or the production of any books and records, in paper or electronic format, to be served by personal service or by certified mail, return receipt requested;

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

(b) The person designated to effect personal or residence service under this paragraph may be the sheriff of the county in which the witness resides or may be found or may be any other duly designated person.

(c) The fees and mileage of the person serving the subpoena shall be the same as those allowed by the courts of common pleas in criminal cases, and shall be paid from the funds of the department.

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

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

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

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

(8) Issue a cease and desist order;

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

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

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

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

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

(D) Department employees will not serve as expert witnesses in private litigation. In addition, the department may move to quash any subpoena that seeks fact testimony from department employees in private litigation. The department may certify as to the status of any person as a licensee or registered employee of a licensee. Such certification shall be admissible in any court as prima-facie evidence as to the status of the person.

Last updated June 12, 2025 at 11:07 AM

History

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

Ohio Adm.Code 3796:2-2-06 Laboratory testing.

(A) An employee of a licensed testing laboratory shall select a random sample of adequate weight from every batch of medical marijuana cultivated at the facility that is sufficient to perform the required tests, prior to packaging any plant material intended to be sold to a patient or caregiver through a dispensary licensed under Chapter 3796. of the Revised Code. Every sample shall be tested by a licensed testing laboratory in accordance with testing standards established for testing laboratories in the rules promulgated pursuant to Chapter 3796. of the Revised Code. At a minimum, a testing laboratory shall test every sample for the following:

(1) Microbial contaminants;

(2) Mycotoxins;

(3) Moisture content;

(4) Foreign matter contamination;

(5) Heavy metals, including, at a minimum, arsenic, cadmium, lead, and mercury;

(6) Pesticide and fertilizer residue; and

(7) Cannabinoid potency, including, at a minimum, the following:

(a) Delta-8-tetrahydrocannabinol;

(b) Delta-8-tetrahydrocannabinolic acid;

(c) Delta-9-tetrahydrocannabinol;

(d) Delta-9-tetrahydrocannabinolic acid;

(e) Cannabidiol (CBD);

(f) Cannabidiolic acid (CBDA);

(g) THC content as defined in rule 3796:1-1-01 of the Administrative Code;

(h) Cannabinol (CBN); and

(i) Any other cannabinoid determined by the department.

(B) An employee of a licensed testing laboratory shall select a random sample of adequate weight from every batch of medical marijuana cultivated at the facility that is sufficient to perform the required tests, prior to packaging any plant material that shall be used in the manufacture of medical marijuana products by a processor licensed under Chapter 3796. of the Revised Code. Every sample shall be tested by a licensed testing laboratory in accordance with testing standards established for testing laboratories in the rules promulgated pursuant to Chapter 3796. of the Revised Code. At a minimum, a testing laboratory shall test every sample for the following:

(1) Pesticide and fertilizer residue;

(2) Moisture content;

(3) Foreign matter contamination; and

(4) Cannabinoid potency, including, at a minimum, the following:

(a) Delta-8-tetrahydrocannabinol;

(b) Delta-8-tetrahydrocannabinolic acid;

(c) Delta-9-tetrahydrocannabinol;

(d) Delta-9-tetrahydrocannabinolic acid;

(e) Cannabidiol (CBD);

(f) Cannabidiolic acid (CBDA);

(g) THC content as defined in rule 3796:1-1-01 of the Administrative Code;

(h) Cannabinol (CBN); and

(i) Any other cannabinoid determined by the department.

(C) A licensed testing laboratory shall submit to the cultivator an analysis of every sample of medical marijuana tested by the testing laboratory in accordance with the rules promulgated pursuant to Chapter 3796. of the Revised Code. A cultivator shall not sell or otherwise distribute medical marijuana unless the medical marijuana meets the standards set forth by the department and the package or label contains the analysis from a licensed testing laboratory.

Last updated June 12, 2025 at 11:09 AM

History

• Effective: May 2, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 3796:2-2-07 Cultivator prohibited activities.

(A) A cultivator shall not sell medical marijuana in any form to a patient or caregiver.

(B) A cultivator shall not permit the consumption of medical marijuana in any form on the premises.

(C) A cultivator shall not grow a prohibited form of marijuana that is not registered and approved by the state of Ohio board of pharmacy pursuant to section 3796.061 of the Revised Code.

(D) A cultivator shall not produce or maintain medical marijuana in excess of the quantity required for normal, efficient operation based on patient population and consumption reported in the inventory tracking system.

(E) A cultivator shall not amend or otherwise change its approved operations plan, quality assurance plan, or cultivation or production techniques, unless written approval is obtained from the department.

(F) A cultivator shall not change the use or occupancy of the facility unless the department is notified of and provides prior written approval of such changes.

(G) Pursuant to division (D)(1) of section 3796.06 of the Revised Code, a cultivator shall not sell plant material that exceeds thirty-five per cent THC content as defined in rule 3796:1-1-01 of the Administrative Code.

(H) A licensed cultivator shall not directly or indirectly discriminate in price between different processor or dispensary facilities that are purchasing a like grade, strain, brand, quality, and quantity of medical marijuana. Nothing herein shall prevent price differentials based on differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which the medical marijuana is sold or delivered.

Last updated June 12, 2025 at 11:09 AM

History

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