Current through all regulations passed and filed through December 16, 2024
(A) A dispensary designated representative
shall have primary oversight of the dispensary's medical marijuana inventory
control system. The inventory control system shall be real-time, web-based,
backed-up at least daily and accessible by the state board of pharmacy
immediately upon request.
(B) A
dispensary's inventory control system shall allow for tracking so that the
oldest stock of medical marijuana is distributed first. A dispensary may
deviate from this requirement, if such deviation is temporary and
appropriate.
(C) A dispensary shall
establish and implement an inventory control system for its medical marijuana
that documents an exact accounting of:
(1)
Each transaction and each day's beginning inventory, acquisitions, sales,
disposal and ending inventory.
(2)
Acquisitions of medical marijuana from a licensed processor or cultivator
holding a plant-only processor designation, including:
(a) A description of the products including
the quantity, strain, variety and batch number of each product
received;
(b) For each product, the
finished form, number of units or volume of each finished form in each
container, the number of commercial containers of each finished form;
(c) The name and license number of each of
the processors and cultivators providing the medical marijuana;
(d) The name and license number of the
licensed processor and cultivator agents delivering the medical
marijuana;
(e) The name and license
number of the licensed dispensary employee receiving the medical
marijuana;
(f) The date of
acquisition; and
(g) Any other
information deemed appropriate by the state board of pharmacy.
(3) Records of the sale or
dispensing of medical marijuana and denials of such sales, which shall contain:
(a) A description of the products including
the quantity, strain, variety and batch number of each product
dispensed;
(b) The name and license
number of the licensed dispensary employee selling, dispensing, or denying the
sale or dispensing of the medical marijuana;
(c) The date of dispensing; and
(d) The name and registration number of the
patient and, if applicable, the caregiver.
(4) The disposal of medical marijuana,
including:
(a) A description of the products,
including quantity, strain, variety, batch number and cause for the medical
marijuana being destroyed;
(b) The
name and license number of the dispensary employee destroying the medical
marijuana or medical marijuana product;
(c) The name and license number of the
dispensary key employee verifying the destruction of the medical marijuana or
medical marijuana product;
(d) The
method of disposal and the name, address and telephone number of the disposal
company; and
(e) The date of
disposal.
(D)
The designated representative shall conduct and document an audit of the
dispensary's daily inventory according to generally accepted accounting
principles at least once weekly.
(1) If the
audit identifies a reduction in the amount of medical marijuana in the
dispensary's inventory not due to documented causes, the dispensary shall
determine where the loss occurred and immediately take and document corrective
action. The dispensary shall immediately inform the state board of pharmacy of
the loss by telephone and provide written notice of the loss and the corrective
action taken within two business days after first discovery.
(2) If the reduction in the amount of medical
marijuana in the inventory is due to criminal activity or suspected criminal
activity, the dispensary shall immediately make a report identifying the
circumstances surrounding reduction to the state board of pharmacy and law
enforcement with jurisdiction where the suspected criminal acts
occurred.
(3) If the audit
identifies an increase in the amount of medical marijuana in the dispensary's
inventory not due to documented causes, the dispensary shall determine where
the increase occurred and take and document corrective action.
(4)
At the conclusion of every fiscal
year, each medical marijuana dispensary or the common owner of multiple
dispensaries within the state, shall cause an audit to be prepared and
certified by a licensed independent auditor or an independent certified public
accountant. The audit may be part of a consolidated audit for all dispensaries
owned by an ultimate owner of multiple dispensaries in the state, but must
specify where relevant information pertaining to Ohio dispensaries is located
within the consolidated audit. The audit must be certified as accurate based on
the information provided and conducted under generally accepted auditing
standards (GAAS). Each dispensary, or their common owner, shall also provide a
certified statement which includes an annual income statement, balance sheet,
and cash flow statement, prepared under generally accepted accounting practices
(GAAP). The audit and certified statement signed by the chief financial
officer, auditor, or accountant shall be submitted to the board within one
hundred twenty days of the end of the fiscal year.
(E) A dispensary shall:
(1) Maintain the documentation required of
this rule in a secure, locked location for three years from the date on the
document. These records may be kept electronically if the method is approved by
the state board of pharmacy and the records are backed-up each business
day;
(2) Provide any documentation
required to be maintained in this rule to the state board of pharmacy for
review upon request; and
(3) If
maintaining a bank account, retain for a period of three years a record of each
deposit or withdrawal from the account.
(F) A dispensary shall not accept returns of
medical marijuana, unless the return is pursuant to a program offered under
paragraph (D) of rule
3796:6-3-14
of the Administrative Code, a recall, or the consequence of an error in
dispensing. If medical marijuana is abandoned at the dispensary, it shall be
accounted for and destroyed. All returned or abandoned medical marijuana shall
be destroyed in compliance with rule
3796:6-3-14
of the Administrative Code. A dispensary shall notify the state board of
pharmacy in writing of any returned or abandoned medical marijuana.
(G) All records of each day's beginning
inventory, acquisitions, sales, disposal and ending inventory shall be kept for
a period of three years at the place where the medical marijuana and medical
marijuana products are located. Any dispensary intending to maintain such
records at a location other than this place must first send a written request
to the state board of pharmacy. The request shall contain the dispensary name
and license number and the name and address of the alternate location. The
state board of pharmacy will send written notification to the dispensary
documenting the approval or denial of the request. A copy of the state board of
pharmacy's approval shall be maintained with the other records of medical
marijuana. Any such alternate location shall be secured and accessible only to
authorized dispensary employees.