Current through all regulations passed and filed through March 18, 2024
(A)
Any of the following shall be considered threats to the
public health, welfare, or safety and shall be sufficient cause for a
provisional license, certificate of operation, or employee identification card
of a cultivator, processor, or testing laboratory, or any combination thereof,
or employee to be denied, suspended with or without a hearing, revoked, fined,
have conditions placed upon such license, or subject to other actions
authorized under paragraph (A) of rule 3796:5-6-01 of the Administrative Code, or any combination of such actions necessary to ensure the program's
administration, implementation and enforcement:
(1)
The distribution
of medical marijuana to minors has occurred;
(2)
Revenue from the
sale of medical marijuana has gone to criminal enterprises;
(3)
Medical marijuana
has been diverted across state lines in a manner prohibited by either
state;
(4)
Trafficking of illegal drugs or illegal activities has
occurred on the premises;
(5)
Illegal or unauthorized possession or use of a firearm
at a facility;
(6)
Driving while drugged or otherwise
intoxicated;
(7)
Drug or alcohol abuse;
(8)
Permitting the
cultivation of medical marijuana in a facility outside the designated marijuana
cultivation area;
(9)
Failure to comply with a subpoena issued by the
department;
(10)
Acceptance of medical marijuana from a source other
than a cultivator or processor licensed by the department, unless by a licensed
testing laboratory pursuant to the rules promulgated for testing
laboratories;
(11)
Failure to maintain effective controls and security
measures designed to ensure compliance with the law or protect the facility,
employees, and medical marijuana;
(12)
Knowing material
misstatements or omissions in the inventory tracking system, where, in the
exercise of reasonable diligence, the person should have obtained such
knowledge prior to the misstatement or omission;
(13)
A finding by the
department that the medical marijuana entity, after having the license
suspended or subject to mandatory corrections under any rules promulgated in
accordance with Chapter 3796. of the Revised Code, has violated the terms of
the suspension or failed to perform the mandatory corrections;
(14)
Operational
failures that endanger public health, create a likelihood of contamination or
diversion, or a pattern of deviation of standard operating
procedures;
(15)
Aiding or assisting another person in violating any
provision of Chapter 3796. of the Revised Code or the rules promulgated in
accordance with Chapter 3796. of the Revised Code;
(16)
Permitting
another person to use the licensee's license;
(17)
Cultivating,
processing, transporting, or testing medical marijuana in violation of Chapter
3796. of the Revised Code or the rules promulgated in accordance with Chapter
3796. of the Revised Code;
(18)
Failure to
cooperate or give information to the department, law enforcement authorities or
any other enforcement agency upon any matter arising out of conduct at any
cultivator, processor, or testing laboratory; or
(19)
Discontinuance
of business for more than ninety days, unless the director or the director's
designee approves an expansion of such period for good cause shown, upon a
written request.
(B)
Any of the
following shall be considered threats to public health, welfare, or safety and
shall be sufficient cause for a provisional license, certificate of operation,
or employee identification care of a cultivator, processor, or testing
laboratory, or any combination thereof, or employee to be denied, suspended
with or without a hearing, revoked, fined, have conditions placed upon such
registration, or any combination of such actions necessary to ensure the
program's administration, implementation and enforcement:
(1)
False or
misleading statements in or involving a license or registration
application;
(2)
Any civil or disciplinary action is taken, or has been
taken, against any persons relating to a professional license;
(3)
Failure to
continuously escort an otherwise unauthorized person within an area designated
by the facility as a controlled access area, unless that person is an
investigator or employee of the department, authorities from local licensing
authority or any state or law enforcement agency;
(4)
Failure to
promptly inform the department of any changes of address or other material
information contained in the application;
(5)
Discipline,
including, but not limited to, denial, suspension or revocation of a license,
by any state or any territory of the United States or any foreign
jurisdiction;
(6)
Failure to report to the department within fourteen
days of any adverse final action taken against a license in any state or any
territory of the United States or any foreign jurisdiction, any governmental
agency, any law enforcement agency or any court;
(7)
Failure to
respond to a written request for information by the department within ten
business days, unless otherwise stated;
(8)
Failure to keep
accurate records in accordance with any rules promulgated in accordance with
Chapter 3796. of the Revised Code;
(9)
Operating in a
manner inconsistent with the public health, safety, and welfare standards of
the local governmental authority;
(10)
A fraudulent or
deceptive practice, transaction, representation or omission to the public, law
enforcement or a representative of the department, regardless whether anyone
relied on such practice, transaction, representation or
omission;
(11)
A finding by the department of a substantial
discrepancy in a department inspection of any records and the subject matter of
any records that are required under any rules promulgated in accordance with
Chapter 3796. of the Revised Code;
(12)
Allowing medical
marijuana, or medical marijuana byproduct or scrap, to be used or disposed of
in a manner not consistent with Chapter 3796. of the Revised Code or the rules
promulgated in accordance with Chapter 3796. of the Revised Code;
or
(13)
Failure to maintain a good business repute. For
purposes of this rule and making a determination of a failure to maintain good
business repute, the department shall consider if the person has engaged in any
conduct which would reflect on the reputation for honesty, integrity, and
competence in business and personal dealings of the person. These would
include, but not limited to, if the person has been determined to have engaged
in forgery, embezzlement, nondisclosure, incomplete disclosure, misstatement of
material facts, and manipulative or deceptive practices, or if the person has
established a reputation for honesty, integrity, and
competence.
(C)
Whenever the department revokes or suspends a medical
marijuana entity license, it shall notify the state of Ohio board of pharmacy,
the state medical board of Ohio, law enforcement, and county sheriff's office
whose jurisdiction includes the location of the medical marijuana
entity.