Current through all regulations passed and filed through December 16, 2024
(A) A dispensary awarded a certificate of
operation under this division shall:
(1)
Operate in accordance with the representations made in its application;
and
(2) Comply with Chapter 3796.
of the Revised Code and this division.
(B) Only a dispensary with an active
certificate of operation from the state board of pharmacy may authorize and
engage in medical marijuana dispensary operations.
(C) A dispensary shall not dispense marijuana
from, obtain marijuana from, or transfer marijuana to, a location outside of
the state of Ohio.
(D) A dispensary
shall not obtain, cultivate, deliver, transfer, transport, sell or dispense
marijuana except:
(1) It may acquire marijuana
from a processor or cultivator holding a plant-only processor
designation;
(2) It may sell
expired plant material to a processor licensed by the department of commerce,
if all original tamper-resistant seals from the original cultivator's container
remain intact;
(3) Dispensary
employees may dispense and sell marijuana only to a patient or caregiver, in a
dispensary department, in accordance with Chapter 3796. of the Revised Code and
this division; and
(4) It may
initiate a transfer of inventory over the course of discontinuing business
pursuant to rule
3796:6-2-14
of the Administrative Code.
(E) No person at a dispensary shall provide
free medical marijuana samples or engage in compounding as defined under
section
4729.01
of the Revised Code.
(F) A
dispensary shall sell medical marijuana only in the original, sealed containers
or packaging as delivered by the processor or cultivator holding a plant-only
processor designation.
(G) Upon a
patient or caregiver's request, a dispensary may provide the patient or
caregiver to whom medical marijuana has been dispensed by the dispensary, with
a container that is intended to be used for the transport of medical marijuana
aliquots. Such a container shall:
(1) Meet
the requirements in paragraph (A) of rule
3796:8-1-01 of the
Administrative Code;
(2) Have an
affixed label containing:
(a) The product
name, form, dose, product identifier, product
identification number, and quantity for which the container was
provided;
(b) The date and quantity
dispensed, including the net weight measured in ounces and grams or by volume,
as appropriate;
(c) The name and
registry number of the patient and, if applicable, the name of his or her
designated caregiver;
(d) The name,
address and license number of the dispensary;
(e) A warning that states: "This product may
cause impairment and may be habit-forming;"
(f) The statement: "This product may be
unlawful outside of the State of Ohio;"
(g) If the product is in a form other than
plant material, the following must be included:
(i) The date on which the product was
manufactured and the name and license number of the processor that manufactured
the product;
(ii) A list of all
ingredients and all major food allergens as identified in
21 USC 343;
and
(iii) A warning that states:
"Caution: When eaten or swallowed, the effects and impairment caused by this
drug may be delayed."
(3) All labels printed for the purposes of
this paragraph shall be printed as a duplicate, auditable label in the
dispensary's internal inventory control system.
(4) A record of all containers provided to a
patient or caregiver pursuant to this paragraph shall be kept for at least
three years. This record shall include at least the following:
(a) The product name, form, dose, product
identifier, and quantity for which the container was provided;
(b) Positive identification of the employee
responsible for providing the container; and
(c) Signature of the patient or caregiver who
received the container and the date on which the container was
received.
(H) A
dispensary shall place all products sold to the qualifying patient or caregiver
in an opaque package that shall not indicate the contents of the package, the
originating facility or in any other way cause another person to believe that
the package may contain marijuana.
(I) A dispensary shall not permit any person
to enter the dispensary department unless:
(1)
Such person is a licensed dispensary employee whose responsibilities
necessitate access to the dispensary department;
(2) Such person is a registered patient or
caregiver whose active registration is verified before entry into the
dispensary department. Patients and caregivers shall not be permitted behind
the service counter or in other restricted access areas; or
(3) Such person's responsibilities otherwise
necessitate access to the dispensary department and then only for as long as
necessity requires. Persons necessitating access may include authorized agents
from the state board of pharmacy and local, state, or federal law enforcement
authorities. All others who necessitate access shall be under direct personal
supervision while on licensed dispensary premises.
(J) All dispensary employees shall at all
times while on dispensary premises, wear above the waist,
an
employee identification card printed by the dispensary at
which they are employed.
(1)
Each employee identification card shall clearly identify the employee to
the public and contain, at a minimum, the following features of
information:
(a)
A clear photo of
the image of the employee's face measuring two inches by two inches, taken not
more than ninety days prior to the issuance to the employee;
(b)
The date on which
the identification card was issued to the employee;
(c)
The employee's
current name;
(d)
The medical marijuana employee license
number;
(e)
Security features to prevent unauthorized duplication
of the employee's identification card; and
(f)
The name of the
dispensary.
(2)
Identification
cards shall expire four years from the date of issuance. The dispensary's
designated representative shall be responsible for collecting and destroying
all expired cards and cards from employees who are no longer employed by the
dispensary.
(3)
A dispensary employee shall be issued a separate
identification card for each dispensary employing that individual, unless the
dispensaries employing the individual share common ownership and use identical
cards for all dispensaries employing the individual;
(4)
Dispensaries may
only print an employee identification card for an employee that holds an active
license issued pursuant to Chapter 3796. of the Revised Code and the rules
adopted thereunder.
(K) A dispensary shall maintain a list of all
third-party vendors. The third-party vendor list shall be provided to the state
board of pharmacy upon request.
(L) A dispensary
designated representative shall review dispensary organization policies and
procedures at least once every twelve months from the issue date of the
certificate of operation and update as needed or as requested by the state
board of pharmacy. The time and date of such reviews shall be documented at the
completion of each review.
(M) No medical
marijuana requiring refrigeration or hot-holding or considered potentially
hazardous food shall be possessed or sold by a dispensary.