Current through all regulations passed and filed through September 16, 2024
(A)
Each cultivator
shall keep and maintain upon the licensed premises for a five-year period,
unless otherwise stated in this chapter, true, complete, legible and current
books and records. All required records must be made available for inspection
if requested by the department. The following records shall be
maintained:
(1)
Records relating to the disposal of medical marijuana,
medical marijuana products, and waste in accordance with paragraph (E) of this
rule and rule
3796:2-2-03
of the Administrative Code;
(2)
Records related
to the sale of medical marijuana in accordance with paragraph (C) of rule
3796:2-2-04
of the Administrative Code;
(3)
Transportation
records in accordance with rule
3796:5-3-01
of the Administrative Code;
(4)
Records of all
samples sent to an independent testing laboratory and the quality assurance
test results;
(5)
Security records in accordance with paragraph (B) of
rule
3796:2-2-05
of the Administrative Code;
(6)
Inventory
tracking records and inventory records maintained in the inventory tracking
system, as well as records maintained by the facility outside the inventory
tracking system, in accordance with rule
3796:2-2-04
of the Administrative Code;
(7)
Cultivation
records, which, at a minimum, shall include the following:
(a)
Forms and types
of medical marijuana maintained at the cultivator on a daily
basis;
(b)
Soil amendment, fertilizers, pesticides, or other
chemicals applied to the growing medium or plants or used in the process of
growing medical marijuana in accordance with paragraph (C) of rule
3796:2-2-01
of the Administrative Code; and
(c)
Production
records, including planting, harvesting and curing, weighing, and packaging and
labeling.
(8)
Financial records retained at a location determined by
the cultivator in accordance with paragraph (C) of this rule;
(9)
Employee records
in accordance with paragraph (D) of this rule; and
(10)
Records of any
theft, loss, or other unaccountability of any medical marijuana as described in
rule
3796:5-4-01
of the Administrative Code.
(B)
A cultivator may
use an electronic system for storage and retrieval of records required by this
rule or other records relating to medical marijuana. Any loss of
electronically-maintained records shall not be considered a mitigating factor
for violations of this rule. A cultivator that elects to use an electronic
system shall use a system that does all of the following:
(1)
Guarantees the
confidentiality of the information stored in the system;
(2)
Is capable of
providing safeguards against erasures and unauthorized changes in data after
the information has been entered and verified by the
cultivator;
(3)
Is capable of placing a litigation hold or enforcing a
records retention hold for purposes of conducting an investigation or pursuant
to ongoing litigation; and
(4)
Is capable of
being reconstructed in the event of a computer malfunction or accident
resulting in the destruction of the data bank.
(C)
A cultivator
shall maintain financial records, which shall include the following:
(1)
Records that
clearly reflect all financial transactions and the financial condition of the
business, including contracts for services performed or received that relate to
the cultivator;
(2)
Purchase invoices, bills of lading, manifests, sales
records, copies of bills of sale, and any supporting documents, including the
items and/or services purchased, from whom the items were purchased, and the
date of purchase;
(3)
Bank statements and canceled checks for all accounts
relating to the cultivator, if applicable; and
(4)
Accounting and
tax records related to the cultivator and all investors in the
facility.
(D)
A cultivator shall maintain employee records, which
shall include the following:
(1)
All records relating to the hiring of employees,
including applications, documentation of verification of references, and any
other related materials;
(2)
An employee log that includes the following information
for every current and former employee:
(a)
Employee name,
address, phone number and emergency contact information;
(b)
Registration
number and access credential designation;
(c)
Date of hire and
date of separation from employment, if applicable, and the reason for the
separation;
(d)
All training, education, and disciplinary records;
and
(e)
Salary and wages paid to each employee, and any
executive compensation, bonus, benefit, or item of value paid to any individual
affiliated with any medical marijuana entity, including members of a non-profit
corporation, if any.
(3)
Visitor logs
maintained in accordance with rule
3796:5-2-01
of the Administrative Code.
(E)
Medical marijuana
production and disposal records may be stored at the facility and shall include
all of the following:
(1)
The registered product name, strain and quantity of
medical marijuana involved;
(2)
The date of
production or removal from production;
(3)
The reason for
removal from production, if applicable;
(4)
A record of all
medical marijuana sold, transported, or otherwise disposed of;
(5)
The date and time
sale, transportation, or disposal of the medical marijuana; and
(6)
If the medical
marijuana is destroyed, the cultivator shall maintain records in accordance
with paragraph (D) of rule
3796:2-2-03
of the Administrative Code.
