Current through all regulations passed and filed through March 18, 2024
(A) Every owner,
principal officer, board member, employee, administrator, agent, or other
person who may significantly influence or control the activities of a
cultivator, processor, or testing laboratory must apply to the department for
an employee identification card.
(1) The
cultivator, processor, or testing laboratory with which a person listed under
paragraph (A) of this rule is seeking employment shall submit the following
information:
(a) A completed
application;
(b) A copy of the
applicant's valid driver's license or state issued identification card
establishing that the individual is at least twenty-one years of
age;
(c) A recognizable
headshot photograph of the applicant taken no more than six months before the
date of application;
(d) The name of the
cultivator, processor, or testing laboratory that the applicant seeks to work
for or otherwise be associated with;
(e)
The application fee; and
(f) Any additional
information requested by the department in the application.
(2) An individual on whose behalf
an application is submitted under this chapter or is issued an employee
identification card under this chapter shall notify the department of any
changes to the information provided on the application no later than five
business days after such change.
(B) Upon receipt of an application and
verification of the information specified in paragraph (A) of this rule, the
department shall do the following:
(1) Approve
or deny the application within thirty days after receipt;
(2) Issue an identification card that shall
expire two years after the date of issuance;
and
(3) Enter in its record system the name and
any other identifying information on the cultivator, processor, or testing
laboratory where the individual is employed.
(C) An employee identification card issued by
the department shall contain, at a minimum, the following:
(1) The name of the cardholder;
(2) The license number of the cultivator,
processor, or testing laboratory employing the cardholder;
(3) The date of issuance and
expiration;
(4) A random ten-digit
alphanumeric identification number with at least four numbers and four letters
that is unique to the holder and assigned by the department; and
(5) A photograph of the cardholder that was
provided as part of the application.
(D) No person shall begin working at a
cultivator, processor, or testing laboratory prior to receiving his or her
employee identification card. A cardholder must keep his or her employee
identification card visible at all times when on the property of a cultivator,
processor, or testing laboratory and during the transportation of medical
marijuana to another cultivator, processor, or testing laboratory. Any employee
identification card that is lost, destroyed, or stolen shall be reported to the
department immediately upon discovery of the loss, destruction, or theft, and
the department may require a similar report to law enforcement. A cardholder
that reports his or her employee identification card as lost, destroyed, or
stolen shall apply for a replacement card with the department and pay a
replacement employee identification card fee as specified in rule 3796:5-1-01 of the Administrative Code.
(E) A
cardholder is not subject to prosecution, search, or penalty in any manner, and
will not be denied any right or privilege, including, but not limited to, civil
penalty or disciplinary action by a business licensing board or entity, for
working at a cultivator, processor, or testing laboratory and performing the
actions permitted under Chapter 3796. of the Revised Code and the rules
promulgated in accordance with Chapter 3796. of the Revised Code.
(F) An employee identification card remains
the property of the department and the department may order the return or
seizure of an employee identification card if the registration is revoked or
expires. The employee identification card shall be immediately returned to the
cultivator, processor, or testing laboratory upon termination or completion of
services provided.
(1) Following the
revocation or expiration of an employee identification card, the cultivator,
processor, or testing laboratory shall do the following:
(a) Notify the department of the
circumstances around the termination or expiration within one business day in a
manner determined by the department;
(b) Ensure the employee identification card
is returned to the cultivator, processor, or testing laboratory; and
(c) Return the employee identification card
to the department within fifteen calendar days of the employee's termination or
completion of services.
(2) The department shall revoke an employee
identification card upon receiving notification that the individual is no
longer associated with the cultivator, processor, or testing laboratory. If the
employee identification card is not returned within thirty days of the
termination, the department may take action under rule 3796:5-6-01 of the Administrative Code.
(G)
An individual arrested for activities that, if convicted, would constitute a
disqualifying offense shall immediately notify the department. If an employer
has knowledge of such arrest, the employer shall notify the
department.
(H) A cultivator,
processor, or testing laboratory shall designate the level of access granted to
an applicant for an employee identification card. A cultivator, processor, or
testing laboratory may choose to implement additional access restrictions, but
at a minimum, the access levels shall be designated as follows:
(1) A type 1 designation is an owner,
administrator, or individual that has control and management over the
day-to-day activities that significantly impact the operations of the
cultivator, processor, or testing laboratory. Type 1 access permits the
cardholder to enter every area of the medical marijuana entity facility. A
cultivator, processor, or testing laboratory shall designate one and may
designate up to three type 1 cardholders as a key employee. A
key employee shall be responsible for all activities at the facility and will
serve as the point of contact for the facility with the department.
(2) A type 2 designation is a board member,
officer, employee, or agent permitted to enter the production and
non-production areas of the facility designated in the facility plans and
specifications submitted by a cultivator, processor, or testing laboratory
under rule 3796:2-1-02 of the Administrative Code. A type 2 cardholder shall not be permitted to access the areas containing the vault, security equipment, and other equipment related to the facility's surveillance
operations.
(I) A person
that is not a holder of a valid employee identification card of a cultivator,
processor, or testing laboratory is prohibited from accessing a facility,
unless they receive authorization and obtain a visitor identification badge
from the cultivator, processor, or testing laboratory. To obtain a visitor
identification badge, the visitor must provide a valid, government issued
identification with a photograph.
(1) A person
who obtains a visitor identification badge must do the following:
(a) Be escorted and monitored by an assigned
registered employee of the facility at all times he or she is on the premises
and has access to medical marijuana;
(b) Visibly display his or her visitor
identification badge at all times he or she is on the premises; and
(c) Return the visitor identification badge
upon leaving the premises.
(2) A cultivator, processor, or testing
laboratory shall maintain a visitor log, which includes the name of the
visitor, the date and time of arrival and departure, the assigned registered
employee of the facility, and the purpose of the visit. The cultivator,
processor, or testing laboratory shall make its visitor log available to the
department upon request.
(3)
Notwithstanding the requirements of paragraph (I) of this rule, employees of
the department, law enforcement, emergency medical personnel, in the event of
an emergency, or other federal, state of Ohio, or local government officials
may enter a cultivator, processor, or testing laboratory if necessary to
perform their official duties.