In January 2019, Ohio’s program for medical marijuana began. The program was first approved by House Bill 523 in 2016 and was supposed to be fully up and running by September 2018. However, the sale of medical weed was put off until the beginning of 2019 because of a number of problems.
Ohio’s licensed cannabis shops have to follow page after page of rules that are written by the government.
We’re going to break down the most important medical marijuana rules for dispensaries so you can better understand Ohio’s weed laws.
Ohio Cannabis Laws at a Glance
- A dispensary must electronically transmit specific information to the state board of pharmacy within five minutes of dispensing any medical marijuana.
- Ohio dispensaries can provide medical marijuana to qualified patients and designated caregivers who are 18 years of age or older.
- All dispensary employees must receive foundational training before dispensing medical marijuana.
- Ohioans can possess only as much cannabis as is defined as a 90-day supply in Ohio.
- The State of Ohio Board of Pharmacy licenses and regulates medical marijuana dispensaries.
- The state of Ohio utilizes Metrc to implement a robust track-and-trace system for its cannabis program.
(1) A provisional dispensary licensee who has a certificate of operation from the state Board of Pharmacy is the only one who can sell or give medical marijuana to registered patients and designated providers who meet the requirements. In answer to a rule 3796:6-2-01 request for applications, the board will not look at an application that is not complete. A full application must include all of the following:
(2) An application on a form that follows the rules in section 3796.10 of the Revised Code;
(3) Payment of the associated application fee. The application shall include:
(a) The name of the provisional dispensary applicant, as reflected in the articles of incorporation or other documents filed with the secretary of state;
(b) The type of business organization of the provisional dispensary applicant, such as individual, corporation, partnership, limited-liability company, association or cooperative, joint venture, or any other business organization;
(c) Confirmation that the provisional dispensary applicant has registered with the Ohio secretary of state as the applicable type of business;
(d) A copy of the provisional dispensary applicant’s articles of incorporation, articles of organization or partnership, or joint venture document of the provisional dispensary applicant;
(e) The physical address where the proposed dispensary will be located;
(f) The physical address of any co-owned or otherwise affiliated marijuana entities, including both licensed and prospective entities, including cultivators, processors, testing labs, dispensaries, or applicants for any other such license or certificate;
(g) The mailing address of the provisional dispensary applicant
(h) The telephone number of the provisional dispensary applicant
(i) The electronic mail address of the provisional dispensary applicant
(j) Proof establishing that the provisional dispensary applicant owns or controls through a leasehold interest in all real property where marijuana will be dispensed, or a signed, notarized statement from the owner of such real property that the owner will grant a leasehold interest to the applicant if a provisional dispensary license is issued to the applicant;
(k) A professionally prepared survey of the area surrounding the prospective dispensary that establishes the facility is at least five hundred feet from the boundaries of a parcel of real estate having situated on it: (i) A prohibited facility, pursuant to section 3796.30 of the Revised Code; or (ii) An opioid treatment program as defined in rule 4729:5-21-01 of the Administrative Code.
As an exception to rule 3796:5-5-01 of the Administrative Code, 500 feet will be measured as the shortest distance between the closest point of the external boundaries of a piece of property that has a facility described in paragraph (B)(2)(k) of this rule and the external boundaries of the piece of property where the proposed dispensary would be located.
In order to apply for a provisional dispensary, the applicant must show that they are following all local laws, ordinances, rules, or regulations that are in effect at the time of the application. This includes copies of any necessary local registration, license, or permit from the area where the applicant’s property is located.
‘’ The signature of a person authorized by the provisional dispensary applicant, as defined in rule 3796:6-2-03 of the Administrative Code, stating that the information given to the board in the application for a provisional dispensary license is true and correct at the time of signing.
Dispensary application forms must include the following:
- Name of the provisional dispensary applicant as reflected in official documents
- Confirmation of registration with the Ohio Secretary of State
- Proof of ownership or leasehold interest for the real property where marijuana will be dispensed
- Type of business organization
- Signature of an authorized representative
- Copies of relevant legal documents
- The physical address of the proposed dispensary and any affiliated marijuana entities
- Mailing address, telephone number, and email address of the provisional dispensary applicant
- Professionally prepared survey showing at least a 500 feet distance from restricted facilities or opioid treatment programs
- Compliance with local ordinances, rules, and regulations
At this time, the Board of Pharmacy is not currently accepting additional applications for licensed dispensaries. To get updates on new application periods, sign up for updates on the MMCP homepage.
Dispensary certificates of operation in Ohio expire on the first day of July every odd-numbered year, regardless of the date of renewal.
To Renew a Dispensary Certificate of Operation, the Following Must Be Submitted to The State Board of Pharmacy at Least 45 Days Before the Expiration Date:
- Completed medical marijuana dispensary renewal application
- Required renewal fee
- Documentation proving compliance with applicable tax laws
- A roster of dispensary employees’ names and license numbers
You have up to 90 days to send in an application to renew your license. If the dispensary is on hired land, proof that the land will be rented for the next two years must be included with the renewal application.
Dispensaries can only refresh their business licenses if they stay in the same place and are owned by the same people as the first time they were issued. Any changes in who owns the property or where it is located must be asked for individually.
The State Board of Pharmacy may deny a renewal application due to:
- Failure to pay fees
- Poor compliance history
- Discipline for violations
- other applicable criteria.
- Criminal violations related to the dispensary’s operation
If a certificate is not renewed by the expiration date, it is considered lapsed, and the dispensary cannot legally operate.
Training for Dispensary Workers
(A) A person selected by the dispensary must set up and oversee a training program for employees of the dispensary. This means that each pharmacy has to keep records of all the training it gives to its employees. The state board of pharmacy can look at and check these kinds of information.
(1) Transcripts, (2) Certificates of completion, or (3) another piece of paper that includes: (a) The participant’s name; (b) The course title; (c) The course content; (d) The date(s) of training; (e) The name(s) of the provider(s); and (f) The signature of the course teacher. (C) Before giving out any medical marijuana, all individuals working at a store must receive basic training on how to do so.
Section 5 says that any worker at a dispensary who can see private patient information or the patient register must get basic training. This is true even if they are not giving out medical marijuana. The training listed in this paragraph is not the same as the ongoing education listed in this rule’s paragraphs (D) and (E).
Before they can start selling medical marijuana, dispensary workers must go through the following training: (1) Training on the drug database set up under section 4729.75 of the Revised Code; (2) Training on the inventory tracking system set up under section 3796.07 of the Revised Code; (3) Responsible use training, which must include specific instructions on (a) How to use the toll-free phone line set up under section (4) The right way to use the dispensary’s security measures and controls to keep medical marijuana from being stolen, lost, or dumped; 5. Rules for keeping a dispensary’s information private; 6. Instruction on the different strains, forms, and ways to administer medical marijuana.
7. Instruction on the conditions medical marijuana patients must meet; 8. Authorized uses of medical marijuana in the treatment of qualifying conditions; 9. Instruction on how to be ready for regulatory inspections and how to interact with law enforcement; 10.
Knowledge of the legal requirements to keep your license. For every two-year licensing period, dispensary workers who sell medical marijuana must get at least sixteen hours of ongoing education on the topics listed in (E) of this rule.
The number of hours of continuing education cannot be carried over from one license time to the next. If a dispensary worker gets their license within six months of their next renewal cycle, they won’t have to do any ongoing education. (E) During each licensing time, the designated representative is in charge of making sure that each dispensary key and support worker who gives out medical marijuana gets continuing education on the following topics:
(1) Guidelines for telling patients and their caretakers about the risks of medical marijuana, such as possible drug interactions; (2) Guidelines for helping patients with their symptoms; (3) Instructions on how to spot signs and symptoms of substance abuse; (4) Instructions on how to refuse to give medical marijuana to someone who seems to be impaired or abusing it.
(5) Guidelines for the safe handling of medical marijuana. (F) Before any of the training in (C) and (E) of this rule can be given to dispensary workers for credit, the following must be sent to the state board of pharmacy and approved by a designated representative: (1) The names and qualifications of the people who will be teaching; (2) The agenda with a full timetable (3) A set of training materials; and (4) Anything else the state board of pharmacy asks for. (G) Before dispensary workers can get training for credit under (C)(3)(b), (C)(7), and (E)(1) to (E)(4) of this rule, all of the following must be sent to the state board of pharmacy by a designated agent in a way chosen by the board.
The person in charge of the training must sign and say that the person or people in charge of the training materials are either a pharmacist licensed under Chapter 4729 of the Revised Code or one of the following professionals allowed to write prescriptions under division (I) of section 4729.01 of the Revised Code: 1. A clinical nurse specialist or certified nurse practitioner; 2. A doctor; or 3. A physician assistant; and 4. The professional license number of the person or people named in (G)(1) of this rule. 5. That the person or people agree with the content.
All Dispensary Employees Must Receive Foundational Training Before Dispensing Medical Marijuana.
A representative chosen by the dispensary is in charge of setting up and overseeing a training program for employees of the dispensary. In their records, dispensaries must keep proof that they train all of their employees.
Acceptable evidence of the training program includes:
- Certificates of completion
- Other documentation containing participant information
Mandatory Dispensary Employee Training Includes:
- Law enforcement interaction
- Relevant instruction on the drug database
- Regulatory inspection preparedness
- Responsible use
- Security measures
- Confidentiality requirements
- Forms and strains of medical marijuana
- Qualifying conditions
- Authorized uses
- Inventory tracking system
This Training Does Not Qualify as Continuing Education.
Dispensary employees who dispense medical marijuana must also complete a minimum of sixteen hours of continuing education during each two-year licensing period.
Continuing Education Topics Include:
- Guidelines for patient information
- Symptom support
- Recognizing substance abuse signs
- Refusal of medical marijuana to impaired individuals
- Safe handling practices
- Legal updates, and other topics specified by the board
Before Providing Training for Credit, the Designated Representative Must Submit:
- Names and qualifications of the training personnel
- An agenda with a detailed time schedule
- Training materials, and any other items requested by the board to obtain approval
- A signed attestation by a licensed pharmacist or authorized prescriber, including their professional license number, indicating their approval of the training content.
Advertising And Marketing
(A) For the purposes of this rule, “advertisement” means any statement, picture, object, lighting effect, drawing, or other similar thing that is written or spoken and is meant to get people to buy something. Brochures, flyers, and other marketing tools are all types of “advertisements.” It is illegal to show medical marijuana or medical cannabis goods in an ad that makes them seem appealing to kids.
The state of Ohio has a strong reason to make sure that any marketing or advertising campaigns for medical marijuana don’t suggest that marijuana is legal or okay to use in any way other than what’s allowed by Chapter 3796. of the Revised Code or the rules made in accordance with Chapter 3796. of the Revised Code, or that using marijuana for fun has any possible health benefits.
(C) A dispensary can’t use a name, brand, sign, or ad that hasn’t been approved by the state board of pharmacy and the appropriate advertising approval fee has been paid. The board needs to see:
(1) A short description of the format, medium, and length of the distribution
(2) Proof that a real patient is not being used in the advertisement
(3) Proof that an official translation of a foreign language advertisement is correct
(4) Noted references to support claims about how well the treatment works and
(5) A final copy of the advertisement, which may include a video when (D) The state board of pharmacy has fifteen business days from September 8, 2019, to look over the papers sent in under (C) of this rule. Ten work days will start on September 9, 2019, for the board to look over materials sent in under (C) of this rule.
(1) The state board of pharmacy can look over the proposed ad and do one of three things: (a) Order that a certain disclosure be made in a clear and noticeable way if the ad would be false or misleading without it; (b) Suggest changes that need to be made to protect the public’s health, safety, and welfare; or (c) Say that the ad can’t be used.
(2) The submitted materials can be used according to this division if the state board of pharmacy doesn’t do one of the things allowed by paragraph (D)(1) of this rule within the review time. However, the board’s failure to act within the review period does not mean that it has given up its power to do any of the things that are allowed by this rule and the rules made under Chapter 3796. of the Revised Code if it turns out that the material submitted violates any part of this division or Chapter 3796. of the Revised Code.
(E) No dispensary can put up or keep up, or order to be put up or kept up, any kind of advertising for medical marijuana or medical marijuana goods, such as recreational marijuana, in any way: (1) Within 500 feet of a prohibited facility, such as a community addiction services provider (as defined in section 5119.01 of the Revised Code), a game arcade that doesn’t require visitors to be at least 21 years old, or any other place where the state board of pharmacy says the placement of the ad targets or appeals to children; (2) On a billboard; (3) On a radio or TV broadcast.
(a) A radio or TV broadcast includes a method for sending sound alone or sound along with images; and (b) It includes programming on broadcast, cable, on-demand, satellite, or the internet. (4) On any sign that can be held in one hand or elsewhere; (5) In public places, on a handbill, leaflet, or flyer that is given to someone directly, dropped, attached, thrown, spread, cast, or given in some other way; (6) Dumped on private property without the owners’ permission; (7) On or in a public transit car or shelter; or (8) On or in property owned or run by the government. (F) No matter what form it takes, an ad for a pharmacy must not:
(1) Have any picture that looks like a cartoon character, a character in a story aimed at kids or teens, or a pop culture icon; (2) Give someone under the age of eighteen any clothing or other items connected to the sale of marijuana, or allow them to be given, sold, marketed, distributed, offered, sold, or licensed.
(3) Include any text, image, design, or illustration that is: (a) Not true or accurate; (b) Not the same as the medical marijuana registered name, such as marijuana leaves or slang terms; (c) Badmouthing a competitor’s products; (d) Sexually explicit or inappropriate; or (e) About the safety or effectiveness of marijuana, unless backed up by strong evidence or clinical data.
(4) Say or imply that the ad’s subject or organization has been approved or backed by the Ohio Department of Commerce, the Ohio State Board of Pharmacy, the State of Ohio, or any other person or organization connected to the State of Ohio; or (5) Promote the use of medical marijuana for a condition that isn’t a qualifying medical condition.
(G) A pharmacy can make a website or have some other kind of web presence that promotes its name, business address, contact information, and services. A website for a dispensary must require proof that the person is at least eighteen years old before letting them access the website. A dispensary that has any kind of web presence must not: (1) Let customers interact directly with each other or post user-generated content or reviews; (2) Give website users a way to send website content to people under the age of eighteen.
(3) Show or otherwise post content that hasn’t been sent to the state board of pharmacy as required by (C) of this rule; (4) Make it easier for any patient, caregiver, or medical mar to buy cannabis.(H) A dispensary can’t: (1) Put up outside signs that are bigger than 16 inches tall by 18 inches wide and aren’t attached to the building; (2) Light up a sign advertising medical marijuana at any time.
(3) Sell or give away clothes, accessories, or other items that can be worn, unless the sale or giving away is to an employee for identification purposes while working for the licensed entity; (4) Advertise medical marijuana. (I) I. No dispensary can give a third party a license or other clear permission to use or promote in a way that is against the law in this division. If this rule is about ads, it doesn’t apply to a message that isn’t advertising.
The state of Ohio wants to make sure that medical marijuana ads and marketing campaigns don’t give people the impression that cannabis is allowed for reasons other than medical use.
Cannabis Advertisements Are Restricted from Being Placed Near:
- Addiction services providers
- Game arcades accessible to underage individuals
- Locations attractive to children
- Additional prohibited cannabis advertising methods include:
- Radio and television broadcasts
- Handheld signs
- Distribution in public places without consent
- Public transit vehicles and shelters, and
- Publicly owned/operated properties
Acceptable Advertisements Should Not Include:
- Images resembling cartoon or fictional characters targeted at children
- Market merchandise to individuals under 18
- Make unsupported claims about marijuana safety or efficacy
- Be obscene or indecent
- A dispensary must submit names, logos, signs, or advertisements to the state board of pharmacy for approval, along with the applicable advertising fee.
- Disparage competitors
- Contains false or misleading information
Submission Materials Should Include:
- A description of the format
- Verification of non-use of actual patients
- Accurate translations
- References to support treatment effectiveness claims, and
- Final copies in an acceptable format
Dispensaries in General for Requirements
Legal reference: Section 1 – How dispensaries usually work
If this division gives a pharmacy a certificate of operation, it must: (1) Follow the rules set out in its application; and (2) Follow Chapter 3796 of the Revised Code and this division. (B) A medical marijuana dispensary can only be authorized and run by a business that has a current certificate of operation from the state Board of Pharmacy. (4) A dispensary can’t get marijuana from outside of Ohio, sell marijuana from outside of Ohio, or send marijuana to another place outside of Ohio.
A dispensary can’t get, grow, deliver, transfer, transport, sell, or dispense marijuana unless:
(1) It gets marijuana from a processor or cultivator with a plant-only processor designation.
(2) It sells expired plant material to a processor licensed by the Department of Commerce as long as all of the original tamper-resistant seals on the container from the grower are still intact.
(3) Employees of the dispensary can only give out and sell marijuana to a patient. In a store, no one can give away free samples of medical marijuana or compounds, which is what section 4729.01 of the Revised Code means.
To follow the rules, a dispensary can only sell medical marijuana in its original, sealed containers or packaging, as sent by the processor or grower with a plant-only processor label. A pharmacy can give a patient or caregiver who has been given medical marijuana a container that is meant to be used for transporting medical marijuana aliquots if the patient or caregiver asks for one.
The container must: (1) Meet the conditions set out in rule 3796:8-1-01(A) of the Administrative Code; (2) Come with a label that lists: (a) The product name, form, dose, product identifier, product identification number, and amount for which the container was given; (b) The date and amount given, along with the net weight in ounces and grams of marijuana or by volume, as needed; (c) The patient’s name and registry number, as well as, if applicable, the name of the person who is responsible for caring for them; and (d) The person who gave the marijuana, along with their name, address, and license number.
e) A notice that says, “This product may make you less smart and may become a habit;” It says, “This product may be illegal outside of the State of Ohio.” As long as the product isn’t plant matter, the following must be included: (i) The date the product was made and the name and license number of the processor that made it; (ii) A list of all the ingredients and allergens that are considered major according to 21 USC 343; and (iii) A warning that says, “Be careful: If you eat or swallow this drug, the effects and impairment may be delayed.” (3) All labels used in this section must be written twice so that they can be checked in the dispensary’s own inventory control system.
(4) A list of all the items given to a patient or caretaker under this section must be kept for at least three years. At least these things must be in this record: (1) The name of the product, its form, dose, product identifier, and amount for which the container was given; (2) A photo ID of the employee who gave the container; and (3) The signature and date of receipt of the container by the patient or caretaker.
(H) Any products sold by a dispensary to an eligible patient or caregiver must be put in a clear package that doesn’t show what’s inside or where the product came from or anything else that could lead someone to think the package might contain marijuana.
The dispensary must not let anyone into the dispensary department unless: (1) They are a licensed dispensary employee whose job requires them to be able to access the dispensary department, or (2) They are a registered patient or caregiver whose registration is checked to make sure they are still registered before they are allowed into the dispensary department. Patients and caregivers are not allowed behind the service desk or in other areas with limited access.
Unless: (3) The person’s duties require them to be in the dispensary department at all times, and only for as long as they need to be there. Authorized representatives from the state board of pharmacy and local, state, or federal law enforcement may need entry. All others who need to be able to get in must be directly supervised while they are on approved dispensary property.
(J) All workers of a dispensary must always wear an ID card printed by the dispensary above their waist while they are on the property of the dispensary. The employee identification card must clearly show who they are to the public and include at least the following information:
(a) A clear two-inch-by-two-inch picture of the employee’s face that was taken no more than ninety days before the card was given to the employee; (b) The date the card was given to the employee; (c) The employee’s current name; (d) The medical marijuana employee license number; and (e) The employee’s signature.
(2) Identification cards are only good for four years from the date they were issued. The person designated by the dispensary is in charge of collecting and throwing away all expired cards and cards from workers who are no longer working for the dispensary. The person who works at a dispensary must have a different ID card for each dispensary that hires them unless the dispensaries that hire them all share ownership and use the same ID cards for all of them.
(4) Dispensaries can only print an ID card for an employee who has a valid license issued under Chapter 3796 of the Revised Code and the rules made under that chapter. A dispensary must keep a list of all of its outside sellers (K). The list of third-party vendors must be given to the state board of pharmacy when they ask for it.
(L) At least once every twelve months from the date of the certificate of operation, a person chosen by the dispensary must look over the organization’s policies and procedures and make any necessary changes, as asked by the state board of pharmacy. The time and date of these reviews must be written down when they are over. (M) Medical marijuana that needs to be kept cold or hot or that is thought to be possibly dangerous food cannot be kept or sold by a dispensary.
As required by law, a dispensary must clearly display its business hours at all public entries and on the home page of its website, if it has one. In addition, a pharmacy can only sell, serve, or give out medical marijuana from 7 a.m. to 9 p.m. ET. (1) If the dispensary’s hours are to be changed, they must be submitted to and accepted by the board first, unless paragraph (D) of this rule says otherwise. Two, requests to change the hours of operation must be sent on a form chosen by the board at least seven days before the change in hours happens.
(3) The dispensary must keep the approved hours for at least thirty days before asking to change them unless the board says it’s necessary because of unusual situations. As long as the state board of pharmacy doesn’t say otherwise, a dispensary must be open at least 35 hours a week so that qualified patients and caregivers can buy medical marijuana. (D) A dispensary that closes during its regular business hours must set up ways to let qualified patients and their caregivers know when it will reopen for business as usual.
Among these steps are, but are not limited to, leaving notes on the phone and putting up big signs that are easy to see. The dispensary must tell the state board of pharmacy right away if it will be closed during regular business hours for more than two days. For every hour that a dispensary is open, at least two workers must be physically present at that location. One of those workers must be a key worker at the clinic.
It is required that a dispensary be locked up securely and has an alarm system that has been cleared by the state board of pharmacy when it is closed. The alarm must be set off and work independently of any other alarms at the dispensary. It must also be able to quickly detect when someone enters the dispensary when it is closed. (1) Alarm system keys and access codes must be managed in a way that only authorized workers of the dispensary can use them to get into the business.
(2) An employee with a pharmacy key is the only one who can turn off the alarm system. Rule 3796:6-3-16 of the Administrative Code says that even when a dispensary is closed, it must have a surveillance device that is still working. Either (1) The surveillance system must record and store video surveillance 24 hours a day or (2) It must live-stream 24 hours a day and be able to go off when motion is detected and the dispensary’s security system finds an intrusion. All systems that sense motion must have a filter time of at least six seconds.
(C) Medical marijuana must be kept in a dispensary in an approved safe or approved room that is locked and only certain people can get to it. If a store is closed, it can’t sell medical marijuana. (E) A chosen representative must tell the state board of pharmacy right away if they find out that someone got into the dispensary without permission.
Some General Requirements for Ohio Dispensaries Include:
- Dispensaries can’t offer free samples
- All employees must wear an identification card above the waist
- Only dispensing, obtaining, or transferring cannabis within the state of Ohio
- Dispensaries must maintain a list of all third-party vendors
- Dispensaries must sell medical marijuana in the original, sealed containers or packaging provided by designated processors
Dispensary Hours of Operation Rules:
- Any changes to the hours of operation must be submitted to and approved by the state Board of Pharmacy in advance and requests for modifying hours should be submitted at least seven days before the desired change takes effect
- Dispensaries must be open for a minimum of 35 hours per week for qualifying patients and caregivers to purchase medical marijuana unless otherwise authorized by the state board of pharmacy
- A dispensary must have at least two employees present at the location during all open hours
- Dispensaries must prominently display their hours of operation at all public entrances and on their website homepage if they have one
- Dispensaries can only sell, serve, or dispense medical marijuana between the hours of 7 a.m. ET and 9 p.m. ET.
Procedures when A Dispensary Is Closed:
- When a dispensary is closed, it must be securely locked and equipped with an approved alarm system and have a functioning surveillance system
- The surveillance system should either collect and store video surveillance on a 24-hour basis or live stream with motion detection capability and intrusion detection
- Medical marijuana in a dispensary must be stored in an approved safe or vault located within a restricted access area
- The alarm system must be separate from any other alarms at the dispensary and capable of immediately detecting any entrance to the closed dispensary
- Dispensaries can’t sell cannabis when they’re closed
- The designated representative of a dispensary must immediately notify the state board of pharmacy if any unauthorized access is discovered.
Security, Control, and Storage of Medical Marijuana
Legal reference: (A) Pursuant to 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, and 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 the 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. Ohio dispensaries must have a designated representative who is able to provide supervision and control of medical marijuana and products.
When personal supervision is not possible from the designated representative, physical and electronic security measures must be in place, including suitable locks and barriers to detect entry to areas where cannabis is stored.
Inventory and Records:
Dispensaries that store records off-site must have an executed agreement with the storage company, allowing board access to the records within three business days
Cannabis inventory must be stored on the licensed premises in restricted access areas and tracked in the inventory tracking system.
Medical marijuana cannot be sold or dispensed when the dispensary is closed
Restricted access areas within a dispensary must contain all medical marijuana, records, and items requiring personal supervision
The cannabis dispensary must maintain adequate lighting, ventilation, temperature, humidity control, and necessary equipment, including personal protective equipment for employees
Medical marijuana should always be stored at appropriate temperatures and conditions to maintain its identity, strength, quality, and purity
The dispensary must be kept clean and orderly, free from infestation by insects, rodents, birds, or pests
Expired, damaged, deteriorated, misbranded, or adulterated medical marijuana must be stored separately and destroyed according to the dispensary’s destruction policy within one week
Monitoring And Surveillance
Legal reference: (A) All licensed dispensaries must have security policies and procedures in place. These should include, but aren’t limited to:
(1) A security plan with protocols for patient, caregiver, and employee safety.
(2) Authorized employees only being able to access areas of the dispensary that contain medical marijuana and (3) Authorized employees being able to be identified through current employee identification To keep the building, patients, caregivers, and employees safe, all licensed dispensaries must take the following steps:
(1) Patients and caregivers, dispensary employees, service professionals doing business with the dispensary and being escorted and supervised by a dispensary employee, and other people allowed by Chapter 3796 of the Revised Code and this division must be able to get into the dispensary department. Place a closed door or other barrier between the building’s entrance and the dispensary department to keep people who aren’t supposed to be there from getting in.
(2) Put up a sign that says “Do Not Enter – Restricted Access Area – Access Restricted to Authorized Employees Only” at all entrances to any part of the dispensary that has medical marijuana, even if it’s just a room with an approved vault. The sign must be at least 12 inches tall and 12 inches wide. In letters that are at least half an inch high.
(3) Keeping an inventory of medical marijuana that is no higher than what is needed for normal, smooth operations.
(4) Not letting people stay on the property if they aren’t doing something allowed by Chapter 3796 of the Revised Code or this division
(5) Making a rule about the most people that can be in the waiting rooms, the dispensary, and the patient care areas at once
(6) Getting rid of medical marijuana in the right way. In the restricted access area, there must be at least the minimum number of dispensary workers needed to run smoothly.
(8) Keep all safes, vaults, and other tools or places to store medical marijuana locked up and out of reach of people who aren’t supposed to be there. The vault must have two forms of authentication, such as biometric entry and a unique code for each worker. In the product vault, there must be a safe that is only used to store cash and has separate access controls.
(9) Every day, the dispensary must keep a log of all employees who have access to the safe or vault and know the combination or access code. They must also keep records of all employees who have access to any restricted areas.
(10) All locks and security equipment must be in good working order. Regular checks and tests must be done on all security equipment, but not more than thirty calendar days after the last check and test, to make sure the systems keep working. A dispensary has to keep a log of these tests and checks
(11) If appropriate, do not allow keys to be left in locks or stored or put in a place where people who aren’t authorized to can get to them; 12. Make sure that only people who are specifically allowed by this division can get to security measures like combination numbers, passwords, or electronic or biometric security systems
(13) Make sure that the trees, bushes, and other plants outside of the dispensary don’t make it easy for someone to hide.
(14) Come up with emergency plans and policies for keeping all products and money safe after any theft, diversion, or loss of medical marijuana, and do an evaluation to see if more protections are needed.
(15) Hire dedicated security staff to work on-site during all business hours; these staff members should only do security-related tasks and have basic security training; and
(16) Add enough extra safety measures in response to any specific security concerns or as required by the state board of pharmacy.
(C) The state board of pharmacy can ask for or accept different security measures if it thinks they are a good replacement for one of the measures listed in this rule. The state board of pharmacy may look at any extra safety steps when deciding on overall safety measures. (D) When physical security controls aren’t enough because of something like a big rise in the amount of medical marijuana, those controls must be increased and made longer as needed.
(E) All licensed dispensaries must have a security system that works all the time and uses commercial-grade equipment to stop and find diversion, theft, or loss of medical marijuana. This system must include (1) a perimeter alarm; (2) motion detectors; and (3) video cameras in all areas, unless the law says otherwise. This includes all entry and exit points from the dispensary, the dispensary department, and restricted access areas that are suitable for normal business.
This kind of tracking should be enough to clearly see the whole area being watched; (4) A camera or cameras recording at each point of sale that can be used to identify the person working at the store who is giving out medical marijuana and the patient or caregiver who is buying it. The camera or cameras will record the sale, the people who were there, and the computer screens that were used for the sale.
Five (5) At least one height-strip camera at every public door and exit to the dispensary (6) Due to rule 3796:6-3-04 of the Administrative Code, all video cameras must be streaming continuously during the hours that a pharmacy is closed (7) The dispensary must keep recordings from all of its video cameras during business hours for at least six months and make them available for instant viewing by the state board of pharmacy or an authorized representative of the board.
There will be unaltered copies of these recordings available to anyone who asks for them. If a dispensary knows or should know of an ongoing criminal, civil, or administrative investigation or legal proceeding that a recording may contain relevant information, the registered organization must keep an unaltered copy of the recording until the investigation or proceeding is over or the entity conducting the investigation or proceeding notifies the dispensary that it is no longer needed.
(8) A duress alarm, which in this case means a quiet security alarm system signal that is sent when a certain code is entered into an arming station to let the user know that they are being forced to turn off the system; (9) A panic alarm, for the purposes of this part, is a sound that comes from a security alarm system when a device is manually set off to warn of a life-threatening situation or an emergency that needs police help; (10) A holdup alarm, which in this section means a silent alarm signal sent when a device meant to alert police to a robbery in process is manually activated
(11) An automatic voice dialer, which in this section refers to any electrical, electronic, mechanical, or other device that can be set up to send a prerecorded voice message to a police, fire, or emergency services agency over a phone line, radio, or other communication system when activated
(12) A failure warning system that lets you know if something goes wrong with the surveillance system by sound, text, or image. The failure warning system must call, email, or text the dispensary within five minutes of the failure to let them know about it; (13) The ability to make a clear color still picture right away from any live or recorded camera image that is at least 9600 dots per inch (dpi). At least thirty frames per second must be able to be captured by all cameras
(14) All records have a date and time stamp built in. The date and time must be in sync and set properly, and they must not make the picture hard to see. (15) The ability to keep working even when the power goes out, and making sure that none of the doors are only controlled by an electronic access panel so that the locks don’t open when the power goes out and (16) All video surveillance equipment must let you export still images in a standard image format, It is necessary for exported video to be able to be stored in a special format that makes sure the video is real and that the recorded picture has not been changed.
Also, videos that are exported should be in a file format that is common in the business and can be played on any computer. Before they are thrown away, all records must be erased or destroyed. It is required that a dispensary’s surveillance system have electronic monitoring capabilities. These must include (1) monitors that are at least 19 inches in size; (2) a video printer that can instantly make a clear still photo from any video image; and (3) a failure notification system that lets you know both audibly and visually if the electronic monitoring system fails.
(G) All surveillance systems in a dispensary must meet the standards set out in this section. They must also give the state board of Pharmacy secure access to the system and the ability to override it in a way that works for the board. The state board of pharmacy has the right to test the dispensary monitoring system and all of its parts at any time and without notice.
Each surveillance camera needs to be set to a clear home point that doesn’t change when the system is turned back on. The function for setting a defined home position must always be turned on and allow for an automatic return to the home position. (H) The state board of pharmacy may require extra safety measures, such as a supervised watchman service, if the dispensary has special security problems, like a very large amount of medical marijuana, people handling it in public, or a high risk of diversion, theft, or loss.
(I) If medical marijuana has been stolen, lost, or diverted from a dispensary, the state board of pharmacy must review and approve any changes to the dispensary’s storage and security requirements for all medical marijuana. They may also require extra safety measures to make sure the medical marijuana is kept safe. (J) A vendor approved by the state board of pharmacy must do preventative repairs on a dispensary’s surveillance system at least once a year.
To ensure the security and safety of licensed dispensaries, the following measures must be implemented:
- Develop policies for maximum capacity and patient flow
- Dispose of medical marijuana properly
- Store medical marijuana in restricted access areas during operational hours
- Keep safes, vaults, and storage areas securely locked
- Identify authorized employees through employee identification cards
- Control access and prevent loitering inside and outside the facility
- Conduct electronic monitoring
- Use panic buttons
- Prepare for and address crises affecting the dispensary’s security and operation
- Ensure the dispensary department is accessible to authorized individuals only
- Install signs indicating restricted access areas for medical marijuana
- Maintain an appropriate supply of medical marijuana
- Ensure unauthorized individuals do not remain on the premises
- Maintain records of access to restricted areas and conduct regular inspections
- Prohibit unauthorized access to security measures
- Ensure visibility outside the dispensary by managing foliage
- Develop emergency policies for securing products and currency
- Employ dedicated security personnel during operational hours
- Implement additional safeguards as needed
- Develop a security plan that covers safety protocols for patients, caregivers, and employees, as well as the protection of medical marijuana and currency
- Restrict access to areas containing medical marijuana
The state board of pharmacy may approve alternate security provisions. Additional protections may be considered for overall security evaluation.
Monitoring, Surveillance, and Implemented Security Requirements Continued:
- Record video footage, including point-of-sale transactions
- Implement failure notification systems and capture high-quality images
- Ensure the security system remains operational during power outages
- Allow for exporting of video images in standard formats
- Dispose of recordings properly
- Install monitors, video printers, and failure notification systems for electronic monitoring
- Expand and extend physical security controls when inadequate due to increased marijuana quantity
- Install a security system that operates at all times using commercial-grade equipment
- Include perimeter alarms, motion detectors, and video cameras in all areas.
- Maintain recordings for at least six months and provide access upon request
- Install duress, panic, holdup alarms, and automatic voice dialers
Special security issues may require additional safeguards, such as a supervised watchman service. In case of diversion, theft, or loss, the state board of pharmacy will review and approve improved storage and security requirements.
Dispensing Of Medical Marijuana
(A) A dispensary can only sell medical marijuana to:
(1) Qualified patients who are at least eighteen years old
(2) Designated providers. Medical marijuana can only be sold by people who work at a dispensary
(2) Laboratories that are licensed under Chapter 4729-13 of the Administrative Code to have dangerous drugs and controlled substances for scientific and clinical reasons.
(B) An employee of a dispensary can use their own judgment to decide whether to give medical marijuana to a patient or caregiver if they think that doing so could be bad for the patient’s health or safety or for the public’s health or safety, or if the patient shows signs of abusing or diverting the medicine. This decision has to be sent to the state board of pharmacy within twenty-four hours.
If a qualified patient or caregiver comes into the dispensary, they must show both a registry identification card and another form of approved state-issued photographic identification before they can buy medical marijuana for that person or persons.
(D) A dispensary worker must follow the fill times listed in rule 3796:7-2-04 of the Administrative Code when giving out drugs unless stated otherwise in (B) of this rule. No caretaker is allowed to get more medical marijuana than what is allowed for all of their patients together.
(E) The internal inventory system of each store must work with and be able to connect to the state’s inventory tracking system. (F) Each dispensary must use a scanner that has been allowed by the state board of pharmacy to get information from the patient registry. This can be done by scanning government-issued photo IDs and identification cards for patients or caregivers.
(G) A store can’t sell medical marijuana that is expired, damaged, broken down, mislabeled, tampered with, or opened. (H) All dispensaries that give out or sell medical marijuana must follow division (B) of section 3796.20 of the Revised Code. This means that they must:
(1) Only give out or sell to someone who shows a current, valid patient or caregiver registry identification card; and (2) Only give out or sell to someone who shows a current, valid state photo ID or another form of ID approved by the board. Medical marijuana can’t be given to a patient or provider who doesn’t have a registry identification card from the state board of pharmacy unless there is an agreement in place that allows both parties to share information, as stated in section 3796.16 of the Revised Code.
(2) An employee of the dispensary must (a) Check that the patient’s or caregiver’s registration is valid by scanning their state-issued ID, like a driver’s license or another ID allowed by the board. In order for the patient or caregiver to show identification, the number on the item they are showing must match the number on their registry record
(b) They are in possession of marijuana with a patient or caregiver registry card that has the same name and number as the identification they showed in accordance with subdivision (2)(a) of paragraph (H), and (c) They have not bought more than the allowed amount of marijuana. (3) A worker at the store has to make sure that every suggestion is complete. The following are all parts of a full recommendation: 1. The patient’s full name; 2. Their home address;
3. Their phone number; 4. Their date of birth; 5. Their qualifying condition; 6. A state-issued ID, like a driver’s license number, or another ID approved by the board; 7. Their patient registration number is from the State Board of Pharmacy. • The full name of the recommending doctor, including first and last name; • The recommending doctor’s DEA ID number; • The recommending doctor’s medical license number from the state medical board;• The recommending doctor’s certificate to recommend identification from the state medical board; It should say
(l) When the recommendation was given by the recommending doctor; (m) The business address, phone number, and email address of the recommending doctor; (n) Whether the recommendation is new or a refill; (o) The number of the refill being given; and (p) The date the order was written, which is the date the written recommendation was given.
(4) Add the following information to the patient record in the dispensary’s internal inventory system: (a) The dispensary’s name; (c) its address; (d) its phone number; (e) the date the order was filled, which is when medical marijuana is given to the patient.
(f) the order number, which is a unique number given to each medical marijuana product given to a patient; (g) the amount; (h) the number of days’ supply; and (i) the product identifier, which is something the state will give each product. It is against the law for a dispensary to sell medical marijuana to patients or their caretakers in any other way than in person, without using a vending machine or other automatic dispensing unit.
Medical marijuana must be sold at dispensaries in whole-day chunks. (J) A dispensary must give out medical marijuana in a way that follows any rules for use that the doctor who prescribed it gives. (K) The name of the dispensary must be on the packaging of all medical marijuana and medical marijuana products that the dispensary offers. Before leaving the pharmacy, each package sold has to be put in an opaque bag that isn’t marked. (L) When suggestions are given out, they must all be numbered sequentially.
(1) A full list of all the numbers used in the serial numbering scheme needs to be made. (2) Any prescriptions that can’t be renewed because they’ve already been refilled or because it’s been too long since they were issued will be given a new serial number when a doctor who issued the prescription gives permission for more refills. In the inventory-keeping system set up by section 3796.07 of the Revised Code, a dispensary must keep track of every sale, purchase, and return of medical marijuana.
Ohio Dispensaries Can Sell Medical Marijuana to Qualified Patients and Designated Caregivers, 18 Years of Age or Older.
- Employees must verify a patient’s or caregiver’s registry identification card along with another approved state-issued photographic identification before selling medical marijuana
- Employees always have the option to refuse to dispense medical marijuana if they believe it may have negative health or safety consequences for the patient or the public
Patient and Inventory Data:
Each dispensary’s internal inventory system must be compatible with and capable of integrating with the state inventory tracking system.
- A scanner approved by the state board of pharmacy must be used to retrieve patient registry data by scanning registry identification cards and government-issued photographic identification
- Expired, damaged, deteriorated, misbranded, adulterated, or opened medical marijuana cannot be dispensed by a dispensary
- Dispensary employees must verify the validity of the registration, possession of a registry card, and adherence to purchase limits
Medical marijuana can only be sold in a direct, face-to-face exchange without the use of electronic or mechanical devices
Medical marijuana must be dispensed according to the recommending physician’s instructions for use
- The dispensary’s name must be included on the packaging of medical marijuana or products sold
- Each package must be placed in an unmarked, opaque bag before leaving the dispensary
- Dispensaries must maintain a record of each sale, purchase, and return of medical marijuana in the inventory tracking system established by the state Board of Pharmacy.
Prescription Monitoring Program
Legal reference: (A) Within five minutes of giving out any medical marijuana, a dispensary must send the following information electronically to the state board of pharmacy in a manner that the board can understand: (1) The number of the state license, which must be filled in with a number given by the board; (4) The phone number of the dispensary
(5) The full name of the patient; (6) The patient’s register identification number; (7) The patient’s home address; (8) The patient’s phone number; (9) Date of birth of the patient; (10) Gender of the patient; (11); Full name (first name and last name) of the doctor who is recommending the patient; (12) Drug Enforcement Administration physician identification number; (13) The date that the recommending doctor sent the report; (14), Say whether the suggestion is new or a refill
(15) The refill number that is being given out; (16) Date the order was finished, which is the day medical marijuana is given out; Seventeen) Order number, which is the unique number that is given to each medical marijuana product given to a customer; (18) Matter; (19) Number of days available; (20) Product identifier, which the board will choose; (21) Date of order written, which is the day the written warning was sent; (23) Drug name, which is the brand name of the medical marijuana; and (22) Payment code for cash or a third-party provider.
During any 24-hour time, if a dispensary does not have any drug dispensing information that needs to be sent to the board of pharmacy, it must send a “zero report.” (C) The dispensing report, also called the “zero report,” must start with the most recent date and time that information was sent and end no later than 36 hours after the last time that was reported on an earlier report. (4) Any dispensary that doesn’t have regular business hours seven days a week must electronically let the board know when it does, and on days it’s not open for business, a “zero report” will be sent to its account.
(E) The appointed representative must send an electronic or written notice to the board of pharmacy if a dispensary stops having medical marijuana for sale. The board will be told if the pharmacy starts giving out again. For prescription tracking systems, all the dispensing information that needs to be sent to the board of pharmacy according to (A) of this rule must be sent in the format recommended by the American Society for Automation in Pharmacy (ASAP).
If a dispensary can’t send the necessary information electronically as described in (A) of this rule, they must contact the board of pharmacy right away to work out a way to report that works for both parties. The store has to write to the board of pharmacy and explain why they can’t send the needed information. As needed by this section, a dispensary must send the information in a way that protects its privacy and follows all federal and state laws, such as the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104–191.
As required by this rule, all information about medical marijuana delivery that is sent to the drug database must be correct and sent on time. (J) If the missing dispensing information is found, it must be sent to the board of pharmacy during the next reporting time after the mistake is found. (“K”) If the missing or wrong data is due to a mistake in the computer program, the drugstore must call the board of pharmacy right away and send written proof.
The paperwork needs to fully explain the mistake and suggest a time when the updated delivery information should be sent in. The written records will be looked over by the board to make sure they follow the rules in (A) of this rule. (L) All data must be sent or changed electronically unless the board of pharmacy gives permission for a different way ahead of time. The only exception is described in (E).
Five minutes after giving out medical marijuana, dispensaries must send certain details electronically to the state board of pharmacy.
This information includes:
- State license number
- Dispensary name
- Dispensary address
- Dispensary telephone number
- Patient full name
- Patient registry identification number
- Patient residential address
- Order number, which shall be the serial number assigned to each medical marijuana product dispensed to a patient
- Days supply
- Product identifier, which shall be assigned by the board
- Date order written, which shall be the date the written recommendation was issued
- Payment code for either cash or third-party provider; and
- Drug name, which shall be the brand name of the medical marijuana
- Patient telephone number
- Patient’s date of birth
- Patient gender
- Recommending physician’s full name (first name and last name)
- Drug Enforcement Administration physician identification number
- The date recommendation was issued by the recommending physician
- Indication whether the recommendation is new or a refill
- Number of refills being dispensed
- Date order filled, which shall be the date medical marijuana is dispensed
If a dispensary has no drug dispensing information to report within a 24-hour period, it must submit a “zero report” indicating no dispensing activity.
- If a dispensary temporarily ceases to possess medical marijuana for dispensing, it must electronically or in writing notify the board of pharmacy
- If a dispensary is unable to electronically transmit the required information, it must contact the board of pharmacy immediately to establish an alternative method of reporting
- All dispensing information must be transmitted in the format specified by the American Society for Automation in Pharmacy (ASAP) for prescription monitoring systems
- The dispensary must transmit the information in a manner that ensures the confidentiality of the information, complying with federal and state laws
- All medical marijuana dispensing information must be reported accurately and in a timely manner
- If an omission or erroneous data is due to a computer programming error, the dispensary must immediately notify the board of pharmacy
- If any dispensing information is discovered to be omitted, the corrected information must be submitted to the board of pharmacy during the next reporting period after the discovery
Data must be submitted or corrected electronically, unless the board of pharmacy grants prior permission for an alternate reporting method.
Destruction and Disposal of Cannabis
(A) Medical marijuana products must be thrown away by either (1) making them useless according to the rules in this rule or (2) making them impossible to get back according to the ways in 21 CFR 1317.90 (as of 4/1/2019).
(B) The store must tell the state board of pharmacy at least seven days before it destroys medical marijuana that it can’t be used anymore. The notification must include the date and time that the marijuana will be thrown away or made useless. If the dispensary says that medical marijuana will be destroyed every week at the same time and day, then telling the person about that day and time is enough to follow this text. The state board of pharmacy needs to know about any changes to the date and time.
As long as local, state, or federal waste management officials don’t say otherwise, the only way to make marijuana waste useless is to grind it up and mix it with other ground materials until the mixture is at least 50% non-marijuana waste. Before they can be used, other ways to make marijuana waste useless must be allowed by the state board of pharmacy. There are two types of waste that can be used to grind marijuana: compostable waste and non-compostable waste.
1) Mixed garbage that can be composted: If you want to get rid of marijuana waste in a compost pile or another organic waste method (like an anaerobic digester), you can mix it with the following types of waste: (a) Food waste; (b) Yard waste; (c) Grease or oils made from vegetables; or (d) Other wastes allowed by the state board of pharmacy, such as paper, clean wood, fruits and vegetables, agri-material, and plant material. If you want to throw away marijuana waste in a landfill or another way, you can mix it with the following types of waste: (a) Paper waste; (b) Cardboard waste; (c) Plastic waste; (d) Soil; or (e) Other types of waste approved by the state board of pharmacy, such as broken glass, leather, and plastic that can’t be recycled.
(3) Marijuana trash that can’t be used anymore after following the steps in this rule can be thrown away. The marijuana waste that can’t be used anymore can be taken to a solid waste center that is allowed to handle it. Solid waste facilities that are allowed to operate include (a) facilities that compost mixed garbage, such as composters, anaerobic digesters, and others. ‘b’ Mixed garbage that can’t be composted: a landfill, an incinerator, or another facility.
(4) All trash cans outside must be kept locked and secured so that people can’t get to them without permission. By following the steps in this rule, all medical marijuana that will be destroyed or rendered useless must be weighed, recorded, and put into the inventory tracking system before being destroyed or rendered useless.
There must be at least two employees destroying the medical marijuana, and at least one key employee must be present to watch the damage. Disposing of medical marijuana must be done in a specific place that is fully supervised by video cameras. It is required that electronic records of burning and disposal be kept for at least three years. If a dispensary wants to help its patients and providers, it may let them return medical marijuana that hasn’t been used in order to destroy it.
If a dispensary wants to offer these services to its patients and caregivers, it must make a policy. This policy must be approved by the state board of pharmacy before the dispensary can take any medical marijuana under this paragraph. (1) All medical marijuana returned under this paragraph must be added to the state’s inventory tracking system. (2) Any prices for these services must be made public.
(F) A registered patient or registered helper can bring the following items back to a dispensary so that they can be destroyed. The dispensary can give the patient or caregiver who was given the product a refund on the purchase price of the product, a coupon, or credit for a replacement product.
They may also change the patient’s days of supply to represent the returned product: (1) A broken product; (2) A product that doesn’t match what was bought; and (3) Medical marijuana that was labeled wrong by the person who grew or processed it. If a grower or processor mistakes the labels on medical marijuana and sends it back to a dispensary, the dispensary must report this in writing to the State Board of Pharmacy in a way and style approved by the board.
(G) Products that have been recalled must be taken back to the store where they were bought by a registered patient or registered caregiver so that they can be thrown away. The person who was given the product by the dispensary will get their money back if they return it within thirty days of receiving news of the recall.
Medical marijuana goods must be thrown away in a way that makes them useless or impossible to get back. The following rules must be followed for any methods that make medical marijuana useless or unrecoverable.
Medical Marijuana Waste:
- Before rendering medical marijuana unusable or non-retrievable, it must be weighed, recorded, and entered into the inventory tracking system
- Compostable mixed waste can include food waste, yard waste, vegetable-based grease or oils, and other approved organic waste materials
- Non-compostable mixed waste can include paper waste, cardboard waste, plastic waste, soil, and other approved non-organic waste materials
- Rendered unusable marijuana waste can be disposed of in permitted solid waste facilities, such as compost facilities or landfills, depending on the waste category
- Unless directed otherwise by waste management authorities, marijuana waste must be rendered unusable by grinding and mixing it with other ground material, making the resulting mixture at least 50% non-marijuana waste
- Electronic documentation of destruction and disposal must be maintained for at least three years.
Waste Policies and Services
- Dispensaries may offer a service for patients and caregivers to return unused medical marijuana for destruction
- The dispensary must develop a policy for accepting returned medical marijuana, which must be approved by the state board of pharmacy
- All returned medical marijuana must be entered into the state inventory tracking system, and any associated fees for the service must be publicly available
- Certain products may be returned to a dispensary by registered patients or caregivers for the purpose of being destroyed
Cannabis Purchase Limits
Legal point of view: As an example, a patient and their caretaker(s) can buy at least one whole day unit at the same time. As shown in the table below, one whole day unit is equal to the following amounts of each legal form of medical marijuana.
By following the two-forty-five-day fill time process set out in rule 3796:7-2-04 of the Administrative Code, a patient and their caregiver(s) can buy no more than a ninety-day supply together. A ninety-day stock of medical marijuana will be made up of all ninety-day units that were bought. Rule 3796:7-2-04 of the Administrative Code says that a patient or caretaker can’t buy more whole-day units of medical marijuana than days they have left in their fill periods.
This is how the form defines a 90-day supply: A person who has been diagnosed with a terminal illness and their caretaker(s) may not follow the rules in (B), but they can still buy up to a ninety-day supply using the two-forty-five-day fill period process set out in rule 3796:7-2-04 of the Administrative Code.
A ninety-day stock of medical marijuana will be made up of all ninety-day units that were bought. Rule 3796:7-2-04 of the Administrative Code says that a patient or caretaker can’t buy more whole-day units of medical marijuana than days they have left in their fill periods. This is how the form defines a 90-day supply for people who have been identified with a terminal illness:
Patients and their caregivers can purchase a minimum of a whole day unit of medical marijuana at a time. The quantities for each authorized form of medical marijuana are specified in the table below:
Authorized Form of Medical Marijuana
Whole Day Unit
Patch for transdermal administration, lotion, cream, or ointment
Up to 295 milligrams of THC
Oil, tincture, capsule, or edible for oral administration
Up to 110 milligrams of THC
Oil for vaporization
Up to 590 milligrams of THC
Patients and caregivers can collectively purchase a maximum of a ninety-day supply of medical marijuana, following the two forty-five-day fill period process.
A ninety-day supply is defined as ninety whole-day units across the different forms of medical marijuana.
The number of whole-day units a patient or caregiver can purchase cannot exceed the number of days remaining in their fill periods.
A ninety-day supply is defined in the chart below:
Authorized Form of Medical Marijuana
9 oz or 254.7 grams
Patch for transdermal administration, lotion, cream, or ointment
26.55 grams of THC
Oil, tincture, capsule, or edible for oral administration
9.9 grams of THC
Concentrate oil for vaporization
53.1 grams of THC
In the case of patients diagnosed with a terminal illness and their caregivers, they can collectively purchase a maximum of a ninety-day supply of medical marijuana, following the two forty-five-day fill period process. The definition and quantity of a ninety-day supply for patients with a terminal illness are the same as outlined in the above-bulleted points.
Ohio Cannabis Laws FAQS
Q. How do they tax cannabis in Ohio?
There is a 5.75% sales tax on legal marijuana in Ohio. Local governments may also add their own weed sales tax, anywhere from 0.25% to 2.25%.
Q. Is Weed legal in Ohio?
Marijuana cannot be used for fun, but qualified medical patients with a medical card can legally buy cannabis from approved dispensaries.