Ohio Administrative Code
Title 3796:6 - Dispensaries
Chapter 3796:6-3 - Operations
Section 3796:6-3-08 - Dispensing of medical marijuana
Current through all regulations passed and filed through December 16, 2024
(A) A dispensary is authorized to sell medical marijuana only to:
(B) A dispensary employee may exercise their judgment to determine whether to dispense medical marijuana to a patient or caregiver if the dispensary employee suspects that dispensing medical marijuana to the patient or caregiver may have negative health or safety consequences for the patient or for the public, or when the patient is exhibiting signs of potential abuse or diversion. Such a determination shall be reported to the state board of pharmacy within twenty-four hours.
(C) A dispensary employee shall require the presentation of a registry identification card together with another form of approved state-issued photographic identification belonging to a qualifying patient or caregiver, prior to selling medical marijuana to such qualifying patient or caregiver.
(D) Except as provided in paragraph (B) of this rule, a dispensary employee shall dispense in accordance with fill periods specified in rule 3796:7-2-04 of the Administrative Code. No caregiver shall receive more than the aggregate amount of medical marijuana authorized for each of the caregiver's patients.
(E) Each dispensary internal inventory system shall be compatible with and capable of integrating with the state inventory tracking system.
(F) Each dispensary shall use a scanner approved by the state board of pharmacy to retrieve patient registry data by scanning patient or caregiver registry identification cards and government issued photographic identification.
(G) A dispensary shall not dispense expired, damaged, deteriorated, misbranded, adulterated, or opened medical marijuana.
(H) When dispensing or selling medical marijuana all dispensaries shall comply with division (B) of section 3796.20 of the Revised Code including:
(I) A dispensary may sell medical marijuana to patients and caregivers only in a direct, face-to-face exchange without the assistance of any electronic or mechanical device (such as a vending machine or other automated dispensing unit). A dispensary must sell medical marijuana in whole day increments.
(J) A dispensary shall dispense medical marijuana in a manner consistent with any instructions for use as determined by the recommending physician.
(K) A dispensary must include the name of the dispensary on the packaging of any medical marijuana or medical marijuana product it sells. Each package sold must be placed in an unmarked, opaque bag before leaving the dispensary.
(L) All recommendations must be serially numbered when dispensed.
(M) A dispensary shall maintain a record of each sale, purchase and return of medical marijuana in the inventory tracking system established pursuant to section 3796.07 of the Revised Code.
(N) An order purporting to be a recommendation issued not in the usual course of professional treatment or in legitimate and authorized research is not a recommendation within the meaning and scope of Chapter 3796. of the Revised Code and the person who knowingly dispenses such a purported recommendation, as well as the person issuing it, shall be subject to the penalties provided for violations of the provisions of law relating to controlled substances. A dispensary employee is not required to dispense a recommendation of doubtful, questionable, or suspicious origin.
(O) No medical marijuana shall be sold, dispensed, or distributed to a patient or caregiver via a delivery service or any other manner outside of a dispensary, except that a caregiver may deliver medical marijuana to the caregiver's registered patient.