Ohio Administrative Code 3796:7 — Medical Marijuana Control Program | Patients and Caregivers

Chapter 3796:7-1 Definitions

Ohio Adm.Code 3796:7-1-01 Definitions.

(A) "Administer" or "administration" means the direct introduction of medical marijuana into the body of a human, whether inhalation, ingestion, or any other means.

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

(C) "Terminal illness" means a qualifying condition for which a prospective patient has received a diagnosis for a life expectancy of six months or less if the illness runs its normal course.

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

(E) "Registry identification card" collectively refers to cards issued by the state board of pharmacy as evidence that an individual is registered as a patient or caregiver.

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

(G) "Stale registration" means a submission to register as a patient or caregiver where the submitter fails to complete all submission requirements within ninety calendar days of the initiation of a registration by a physician, and after being notified by the state board of pharmacy, subject to the factors that would otherwise remove the submitter from consideration under Chapter 3796. of the Revised Code or this division. An individual forfeits all fees associated with a stale registration submission. The state board of pharmacy shall not be required to act on any stale registration and the registration may be destroyed by the board staff. If the registration is stale, the submitter shall be required to reapply for registration in accordance with Chapter 3796. of the Revised Code and this division, in effect at the time of resubmission.

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

(I) "Veteran" means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, who has been discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service.

Last updated July 21, 2026 at 12:34 PM

History

• Effective: September 8, 2017
• Promulgated Under: 119.03

Chapter 3796:7-2 Registration of Patients and Caregivers

Ohio Adm.Code 3796:7-2-02 Caregiver eligibility.

(A) Unless otherwise approved by the board, or provided in paragraph (B) of this rule, in order to be eligible to serve a qualifying patient, a caregiver must be:

(1) A natural person;

(2) At least twenty-one years of age or older;

(3) A resident of the state of Ohio.

(B) Notwithstanding the age limitation in paragraph (A) of this rule, the parent of a minor patient who is eighteen years of age or older and who otherwise meets the requirements of Chapter 3796. of the Revised Code and this division, may serve as the minor patient's caregiver.

(C) No person shall serve as a caregiver for any patient before registering with the state board of pharmacy in accordance with rule 3796:7-2-03 of the Administrative Code.

(D) A patient shall designate no more than two caregivers. The state board of pharmacy shall register no more than two caregivers for each patient.

(E) An individual shall serve as a caregiver for no more than two patients. Except as provided in paragraph (F) of this rule, the state board of pharmacy shall associate no more than two patients for each caregiver.

(F) Upon a written request on a form in accordance with section 3796.04 of the Revised Code, the state board of pharmacy may, in its discretion, permit an individual to serve as a caregiver for more than two patients, permit a patient to designate more than two caregivers, and permit an individual who is not a resident of the state of Ohio to serve as a caregiver:

(1) In order to avoid unnecessary hardship to the patient or patients;

(2) Where the patient's care is being provided in a hospice program licensed under Chapter 3712. of the Revised Code; or

(3) Where the caregiver is simultaneously caring for multiple patients who reside in the same household as the caregiver.

(G) If a patient requests permission to change a caregiver before renewal, the patient shall cause a change of caregiver request to be submitted by the recommending physician, or, subject to the limitations under section 3796.08 of the Revised Code, the physician's delegate, who shall set forth the reasons the patient seeks to change caregivers and conform with the caregiver registration requirements under rule 3796:7-2-03 of the Administrative Code. The state board of pharmacy shall approve a new caregiver only if such individual meets the requirements of Chapter 3796. of the Revised Code and this division.

(H) A patient's recommending physician shall not serve as the patient's caregiver.

(I) The state board of pharmacy shall deny a submission for a caregiver registration if the individual identified on the submission is included in one or more of the following databases:

(1) The system for award management (SAM) maintained by the United States general services administration;

(2) The list of excluded individuals and entities maintained by the office of inspector general in the United States department of health and human services pursuant to 42 U.S.C. part 1320a-7 (as effective on January 3, 2017) and 42 U.S.C. part 1320c-5 (as effective on January 3, 2017);

(3) The Ohio department of developmental disabilities (DODD) online abuser registry established under section 5123.52 of the Revised Code;

(4) The internet-based sex offender and child-victim offender database established under division (A)(11) of section 2950.13 of the Revised Code;

(5) The national sex offender public website established under 18 United States Code 16918;

(6) The internet-based database of department of rehabilitation and correction inmates established under section 5120.66 of the Revised Code; or

(7) The state nurse aide registry established under section 3721.32 of the Revised Code, and there is a statement detailing findings by the director of health that the provider applicant or employee neglected or abused a long-term care facility or residential care facility resident or misappropriated property of such a resident.

(8) The Ohio medicaid provider exclusion and suspension list found at: http://medicaid.ohio.gov.

(J) Prior to receiving approval to serve as a caregiver, an individual who is not a resident of the state of Ohio must provide any information sought by the board in order for it to confirm that that individual is not included in a substantially similar database to any of those listed in paragraph (I) of this rule that may be maintained by the state in which that individual is a resident. Failure to do so will result in a denial of their written request submitted pursuant to paragraph (F) of this rule.

Last updated July 21, 2026 at 12:34 PM

History

• Effective: September 5, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 3796:7-2-04 Purchase of medical marijuana.

(A) A patient or caregiver may only purchase medical marijuana pursuant to a valid and active recommendation issued by a physician pursuant to rule 4731-32-03 of the Administrative Code.

(B) No patient under eighteen years of age shall purchase medical marijuana.

(C) Patients and caregivers must provide their registry identification card and identification before entering the dispensary department. Acceptable identification includes:

(1) An unexpired Ohio driver's license;

(2) An unexpired Ohio identification card issued by the Ohio bureau of motor vehicles (BMV); or

(3) Any other identification proving residency as approved by the board.

(D) The identification number on the identification provided to a dispensary employee must be identical to the identification number included in the patient or caregiver's registration record.

(E) Before purchasing medical marijuana, patients and caregivers must provide the dispensing employee their registry identification card and identification described in paragraph (C) of this rule.

(F) A patient's ninety-day recommendation shall be divided into two forty-five-day fill periods, except that the first fill period of a patient's new recommendation shall be forty-six days. A patient may purchase up to a forty-five-day supply or, if applicable a forty-six-day supply for the first fill period of a new recommendation, at any time during a fill period.

(G) Except as provided in paragraph (G)(1) of this rule, a caregiver may obtain no more than a forty-five day supply of medical marijuana in any forty-five day fill period on behalf of a single patient.

(1) A caregiver may purchase up to a forty-six-day supply in a forty-six-day period on behalf of a single patient during the patient's first fill period of a new recommendation.

(2) A caregiver shall purchase no more than the aggregate amount of medical marijuana authorized for each of the caregiver's patients.

Last updated January 6, 2026 at 7:54 AM

History

• Effective: February 14, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 4731-32-03

In order to practice within the minimal standards of care when recommending treatment with medical marijuana, a physician shall comply with all of the following requirements:

(A) The physician shall establish and maintain a bona fide physician-patient relationship with the patient for the provision of medical services that is established through an examination of the patient by the physician either in-person or through the use of telehealth services that complies with this rule and for which there is an expectation that the physician will provide care to the patient on an ongoing basis.

(B) The physician shall create and maintain a medical record that documents the provision of medical services. The documentation shall include all of the following:

(1) Patient's name and date or dates of office or telehealth visits or treatments;

(2) A description of the patient's current medical condition;

(3) Documented assessment of the patient's medical history, including relevant prescription history and any history of substance use disorder;

(4) Documented review of any available relevant diagnostic test results;

(5) Documented review of prior treatment and the patient's response to the treatment;

(6) Documented review of the patient's current medication to identify possible drug interactions, including benzodiazepines and opioids.

(7) Documented review that standard medical treatment has been attempted or considered. If standard medical treatment is not attempted, the physician must document the reasons that standard medical treatment is not appropriate for this patient;

(8) Based on evidence or behavioral indications of addiction or drug abuse, the physician may obtain a drug screen on the patient. It is within the physician's discretion to decide the nature of the screen and which type of drug to be screened;

(9) The physician's performance of an appropriate examination relevant to the patient's current medical condition;

(10) The physician's diagnosis of the patient's medical condition; and

(11) If the patient has been previously diagnosed with a qualifying medical condition as defined in section 3796.01 of the Revised Code, by a physician licensed to practice medicine under section 4731.14, 4731.11, or 4731.299 of the Revised Code, the physician may confirm the diagnosis so long as the physician obtains a copy of the medical records or a detailed written summary indicating the diagnosis and the physician is satisfied that he or she can rely on those records to confirm diagnosis of a qualifying condition. The practitioner shall maintain a copy of any record or report of any physician on which the physician relied for purposes of meeting the requirements under this paragraph.

(C) If the physician diagnoses or confirms the diagnosis of a qualifying medical condition, as that term is defined in section 3796.01 of the Revised Code, the physician shall document in the medical record compliance with all of the following actions when recommending treatment with medical marijuana:

(1) Development of a treatment plan, including consideration of whether treatment with medical marijuana is complementary to standard medical treatment.

(2) The review of the report concerning the patient obtained from the drug database established and maintained by the board of pharmacy pursuant to section 4729.75 of the Revised Code. The report shall cover at least the twelve months immediately preceding the date of the report.

(3) Discussion with the patient regarding any indicators of possible abuse or diversion of controlled substances that are reflected on the drug database report obtained from the board of pharmacy.

(4) The explanation of the risks and benefits of treatment with medical marijuana as it pertains to the patient's qualifying medical condition and medical history.

(5) The patient's consent prior to completing a recommendation for treatment with medical marijuana. If the patient is a minor, the physician shall obtain the consent of the patient's parent or legal representative prior to completing a recommendation for treatment with medical marijuana for the patient.

(6) Whether the patient needs a caregiver to assist in the use or administration of medical marijuana. If the patient needs a caregiver, the physician shall document the name of the caregiver designated by the patient or the patient's legal representative.

(D) In recommending treatment with medical marijuana, the physician or the physician's delegate shall determine from the medical marijuana patient registry maintained by the division of marijuana control whether the patient has an active registration for medical marijuana.

(1) If the patient is not registered or if the patient's registration will expire within thirty days, the physician or physician's delegate shall submit the patient's application for registration or renewal in compliance with the requirements of section 3796.08 of the Revised Code and the rules of the division of marijuana control adopted under section 3796.03 of the Revised Code.

(2) The recommendation for treatment with medical marijuana shall include a statement from the physician certifying the following:

(a) A bona fide physician-patient relationship exists between the physician and patient;

(b) The patient has been diagnosed with at least one qualifying medical condition;

(c) Description of the qualifying medical condition(s) and indication whether the qualifying condition is a terminal illness for which the patient has a life expectancy of six months or less;

(d) The physician or physician's delegate has requested from the drug database a report of information related to the patient that covers at least the twelve months immediately preceding the date of the report; and

(e) The physician has informed the patient of the risks and benefits of medical marijuana as it pertains to the patient's qualifying medical condition and medical history.

(E) A physician who recommends treatment with medical marijuana shall be available to provide follow-up care and treatment to the patient, including appropriate examinations relevant to the patient's condition to determine the efficacy of medical marijuana in treating the patient's qualifying medical condition. If the qualifying condition was indicated as a terminal illness in the prior six months, the physician shall confirm whether the patient's condition continues to be a terminal illness.

(F) The physician shall terminate or decline to issue a new recommendation for medical marijuana under any of the following circumstances:

(1) The patient no longer has the diagnosis of or symptoms of the qualifying medical condition.

(2) The physician no longer has a valid certificate to recommend medical marijuana.

(3) Based on the physician's clinical judgement, the patient or caregiver is abusing or diverting medical marijuana.

(4) The patient is deceased.

(G) The records required for the recommendation of medical marijuana may be kept with the patient's other medical records and shall be retained for at least three years following the last visit by the patient.

(H) The physician shall submit to the board an annual report describing the physician's observations regarding the effectiveness of medical marijuana in treating patients. The report shall not contain patient-identifying information.

Last updated March 1, 2024 at 8:08 AM

History

• Effective: February 29, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 3796:7-2-05 Patient and caregiver registry - generally.

(A) Patient and caregiver registrations are non-transferrable.

(B) Patients and caregivers shall not engage in the cultivation of medical marijuana or the manufacture of medical marijuana extract, unless authorized pursuant to rule 3796:5-2-01 of the Administrative Code and such cultivating or manufacturing is performed in compliance with rules promulgated by the department pursuant to section 3796.03 of the Revised Code.

(C) No patient or caregiver shall accept free samples of medical marijuana.

(D) Patients and caregivers shall purchase medical marijuana only from a medical marijuana dispensary with an active certificate of operation issued by the state board of pharmacy, or where authorized pursuant to a reciprocity agreement established pursuant to section 3796.16 of the Revised Code.

(E) Patients and caregivers shall store medical marijuana in a secure location so as to prevent theft, loss, or access by persons not authorized under this division.

(F) Patients and caregivers shall carry their registry identification with them whenever they are in possession of medical marijuana. No more than a ninety day supply of medical marijuana may be possessed by or on behalf of a single patient at any time.

(G) Medical marijuana shall be maintained in on one of the following containers at all times until administered to or by a patient:

(1) The original dispensing package with an unaltered dispensary label in accordance with rule 3796:6-3-09 of the Administrative Code; or

(2) The container provided by a dispensary in accordance with paragraph (G) of rule 3796:6-3-01 of the Administrative Code.

(H) Medical marijuana shall not be possessed or administered on federal property or in federal buildings.

(I) Medical marijuana shall not be possessed or administered at any public or private place where medical marijuana is prohibited.

(J) No patient shall operate a vehicle, streetcar, trackless trolley, watercraft, or aircraft under the influence of medical marijuana.

(K) A caregiver shall not receive payment or other compensation for services provided as a caregiver other than reimbursement for reasonable expenses incurred in the provision of services as a caregiver. In the case of an employee of a hospice provider, nursing facility, or medical facility, or a visiting nurse, personal care attendant, or home health aide serving as a caregiver, the individual shall not receive payment or compensation above or beyond his or her regular wages.

(L) The state board of pharmacy shall notify patients and caregivers upon the expiration of the patient's or caregiver's registration. Patients and caregivers shall dispose of all medical marijuana within seven calendar days of the expiration of their registration. Acceptable methods for the dispossession of medical marijuana shall be available at www.medicalmarijuana.ohio.gov.

(M) If a patient's registration is suspended or revoked, or if a patient's registration lapses, the patient or caregiver shall dispose of all medical marijuana dispensed for the benefit of that patient within seven calendar days of the expiration of their registration. Acceptable methods for the dispossession of medical marijuana shall be available at www.medicalmarijuana.ohio.gov.

History

• Effective: September 8, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 3796:6-3-09

(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 3796:6-3-01

(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;

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

(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

(c) Signature of the patient or caregiver who received the container and the date on which the container was received.

(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;

(c) The employee's current name;

(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 3796:7-2-06 Voluntary relinquishment of a medical marijuana registration.

(A) At any time, a patient or caregiver may voluntarily relinquish their patient or caregiver medical marijuana registration by notifying the state board of pharmacy in writing.

(B) A patient or caregiver shall, within fourteen calendar days of learning from a recommending physician that the patient no longer has a diagnosis of a qualifying condition:

(1) Notify the state board of pharmacy, in writing, of the patient's voluntary registration relinquishment; or

(2) If the patient seeks to maintain an active patient registration, request in writing, a hearing in accordance with Chapter 119. of the Revised Code, seeking authorization to maintain an active patient registration.

(C) Medical marijuana shall not be purchased or otherwise obtained without an active recommendation from a recommending physician. A patient who maintains an active registration in accordance with Chapter 3796. of the Revised Code and this division, but whose recommendation has been suspended, shall be authorized only to possess and administer medical marijuana lawfully obtained pursuant to Chapter 3796. of the Revised Code and this division.

(D) If the voluntary relinquishment of a medical marijuana patient registration, or a decision by the board to inactivate a patient registration, will cause a caregiver to no longer have a patient associated with the caregiver's registration, the caregiver shall:

(1) Notify the state board of pharmacy, in writing, of the patient's voluntary registration relinquishment; or

(2) If the caregiver seeks to maintain active caregiver registration, request in writing, a hearing in accordance with Chapter 119. of the Revised Code, seeking authorization to maintain an active caregiver registration.

(E) A caregiver shall not purchase medical marijuana without an associated patient who has an active registration. A caregiver who maintains an active registration in accordance with Chapter 3796. of the Revised Code and this division, shall be authorized only to possess medical marijuana and administer medical marijuana lawfully obtained pursuant to this division to the patient for whom the medical marijuana was purchased.

Last updated July 21, 2026 at 12:34 PM

History

• Effective: September 8, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 3796:7-2-09 Suspension of a patient or caregiver registration without a hearing.

(A) Pursuant to division (B)(3) of section 3796.14 of the Revised Code, if the board determines that there is clear and convincing evidence that the continued dispensing or furnishing medical marijuana to the patient or caregiver or administration of medical marijuana to or by a patient, presents a danger of immediate and serious harm to oneself or to others, the state board of pharmacy may suspend a patient or caregiver registration without a hearing. The board may suspend a patient or caregiver registration utilizing a telephone conference call to review the allegations and take a vote.

(B) The board shall follow the procedure for suspension without a prior hearing in section 119.07 of the Revised Code. The suspension shall remain in effect, unless removed by the board, until the board's final adjudication order becomes effective, except that if the board does not issue its final adjudication order within ninety days after the hearing the suspension shall be void ninety-one days after the hearing.

Last updated July 21, 2026 at 12:34 PM

History

• Effective: September 5, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 3796:7-2-12 Suspension of access to patient information.

(A)

(1) Except as provided in paragraph (A)(2) of this rule, after providing notice and affording an opportunity for a hearing in accordance with Chapter 119. of the Revised Code, the state board of pharmacy may restrict a person from obtaining information from the registry established in accordance with section 3796.08 of the Revised Code if any of the following is the case:

(a) The person receives or releases registered patient information in violation of rule 3796:6-3-18 or 3796:7-2-11 of the Administrative Code or section 3796.08 of the Revised Code;

(b) The person's actions in another state would have constituted a violation of rule 3796:6-3-18 or 3796:7-2-11 of the Administrative Code or section 3796.08 of the Revised Code;

(c) The person fails to comply with rule 3796:6-3-18 or 3796:7-2-11 of the Administrative Code or section 3796.08 of the Revised Code, regardless of the jurisdiction in which the failure to comply occurred;

(d) The person creates, by clear and convincing evidence, a threat to the security of information contained in the registry.

(2) If the state board of pharmacy determines that allegations regarding a person's actions warrant restricting the person from obtaining further information from the registry established by the state board of pharmacy in accordance with section 3796.08 of the Revised Code without a prior hearing, the state board of pharmacy may summarily impose the restriction. A telephone conference call may be used for reviewing the allegations and taking a vote on the summary restriction. The summary restriction shall remain in effect, unless removed by the state board of pharmacy, until the state board of pharmacy's final adjudication order becomes effective.

(3) The state board of pharmacy shall determine the extent to which the person is restricted from obtaining further information from the registry established by the state board of pharmacy in accordance with section 3796.08 of the Revised Code.

Last updated July 21, 2026 at 12:34 PM

History

• Effective: September 5, 2022
• Promulgated Under: 119.03