Legal Capacity

Marijuana is legal for Medicinal Use

Marijuana is decriminalized to a degree

 

Regulatory Agencies

Three state government agencies are responsible for the operation of Ohio’s Medical Marijuana Control Program:

OHIO DEPARTMENT OF COMMERCE

The Ohio Department of Commerce is responsible for overseeing medical marijuana cultivators, processors and testing laboratories.

STATE OF OHIO BOARD OF PHARMACY

The State of Ohio Board of Pharmacy is responsible for overseeing medical marijuana retail dispensaries, the registration of medical marijuana patients and caregivers, the approval of new forms of medical marijuana and coordinating the Medical Marijuana Advisory Committee.

STATE OF OHIO MEDICAL BOARD

The State Medical Board of Ohio is responsible for certifying physicians to recommend medical marijuana and may add to the list of qualifying conditions for which medical marijuana can be recommended.

State Laws

OHIO’S MEDICAL MARIJUANA LAW (HB 523)

Ohio’s Administrative Rule Process

MMCP Rules

What prompted your inquiry about cannabis laws and the standards for cannabis facilities in Ohio?

*Please note that this resources page contains only the security compliance requirements relevant to a cannabis or marijuana business in Ohio. The entire set of regulatory requirements and standards for operational protocols have been removed to focus exclusively on the security compliance aspects. 

Security Requirements

Ohio dispensaries require a vault for marijuana inventory storage. The vault must be approved by the state board of pharmacy.

Ohio Administrative Code

3796:6-3-07 Security, control, and storage of medical marijuana at a dispensary..

(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:

(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

 

3796:6-3-08 Security, control and storage of medical marijuana at a dispensary

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 for

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

32

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. If maintained on the licensed premises, a restricted access area within

the dispensary department must contain all medical marijuana, 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 3796:6-3-17 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.

3796:6-3-16 Monitoring, surveillance, and security requirements..

(A) All licensed dispensaries shall maintain security policies and procedures that include, but are not limited to:

(2) Restricted access to the areas in the dispensary that contain medical marijuana to authorized employees;

(7) Prepares for, protects against, and addresses how to handle any crisis that affects the security or operation of a dispensary in the event of strike, fire, flood or other natural disaster, or other situations of local, state or national emergency.

(B) All licensed dispensaries shall implement security measures to protect the premises, patients, caregivers and employees, including the following measures:

(1) The dispensary department shall be accessible to patients and caregivers, dispensary employees, service professionals conducting business with the dispensary and who are escorted and supervised by a dispensary employee, and other persons authorized by Chapter 3796. of the Revised Code and this division. To prevent unauthorized access to the dispensary department, establish a locked door or barrier between the facility’s entrance and the dispensary department.

(2) Post a sign at all entry ways into any area of the dispensary containing medical marijuana, including a room with an approved vault, which sign shall be a minimum of twelve inches in height and twelve inches in width and shall state: “Do Not Enter – Restricted Access Area – Access Restricted to Authorized Employees Only.” In lettering no smaller than one-half inch in height.

(8) Keep all safes, vaults and any other equipment or medical marijuana storage areas securely locked and protected from unauthorized entry;

(10) Keep all locks and security equipment in good working order. All security equipment must be inspected and tested at regular intervals, not to exceed thirty calendar days from the previous inspection and test to ensure the systems remain functional. A dispensary must maintain a log documenting such inspections and tests;

(15) Develop sufficient additional safeguards in response to any special security concerns, or as required by the state board of pharmacy.

(C) The state board of pharmacy may request or approve alternate security provisions that it determines are an adequate substitute for a security measure specified in this rule. Any additional protections may be considered by the state board of pharmacy in evaluating overall security measures.

(14) The ability to remain operational during a power outage and ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage; and

(I) If diversion, theft or loss of medical marijuana has occurred from a dispensary, the state board of pharmacy shall review and approve the improvements in the appropriate storage and security requirements for all medical marijuana in such dispensary and may require additional safeguards to ensure security of the medical marijuana.

Ohio medical marijuana industry expands in first year

“A year into Ohio’s legal medical marijuana industry the state has seen growth in the number of dispensaries, a drop in prices, and optimism from many involved in the business.” 

Bonnie Meibers – December 25, 2019

Dayton Daily News

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