Current through all regulations passed and filed through December 16, 2024
(A)
Pursuant 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, 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
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.