Ohio Division of Cannabis Control Seeks Public Comment on Proposed Rules

June 12, 2024

The Division of Cannabis Control (DCC) has announced a call for public comments on several proposed rules, with feedback to be submitted by Wednesday, June 26, 2024. These proposals, designated as Rule Package 5, are aimed at updating regulations for both medical and non-medical cannabis under Ohio Revised Code 3780, replacing the current rules under ORC 3796.

Key Proposed Rules:

1. Employee Badges (O.A.C. 1301:18-3-09)
   • Establishes requirements for employees and owners of licensed cannabis facilities to obtain an employee badge.
   • Requires fingerprint submission for BCI and FBI background checks.
   • Allows for a provisional employee badge valid for 90 days.
2. Cannabis Entity License Renewals (O.A.C. 1301:18-2-08)
   • Annual renewal for cultivator and processor licenses; biannual for testing laboratories and dispensaries.
   • Compliance inspection required for each renewal cycle.
3. Change of Location (O.A.C. 1301:18-3-02)
   • Licensees must receive prior approval to change facility locations.
4. Transportation of Cannabis (O.A.C. 1301:18-3-13)
   • Transportation policies must ensure security protocols to mitigate theft or loss.
   • Only individuals with a badge certificate may transport cannabis.
5. Discontinuing Business (O.A.C. 1301:18-3-17)
   • Notification to the Division 90 days in advance is required for ceasing operations.
6. Cultivator and Processor Operations (O.A.C. 1301:18-5-01 to 1301:18-6-04)
   • Rules for uninterrupted supply and security requirements for cultivators and processors.
7. Testing Laboratory Operations (O.A.C. 1301:18-7-01)
   • Outlines the activities allowed under a testing laboratory license.
8. Dispensary Patient Confidentiality (O.A.C. 1301:18-8-07)
   • Ensures the confidentiality of medical marijuana patient records.
9. Facility Inspections (O.A.C. 1301:18-9-01)
   • Division’s authority to conduct inspections, with or without notice.
10. Variances (O.A.C. 1301:18-9-06)
    • Allows for rule variances under certain conditions.
11. Patient and Caregiver Procedures (O.A.C. 1301:18-10-01 to 1301:18-10-09)
    • Specifies registration, enforcement, and confidentiality procedures for medical marijuana patients and caregivers.

Additional Feedback Requested:

The DCC is also seeking early stakeholder feedback on Rule Package 6, which covers rules related to advertising, fees, administration methods, THC content, and employee training.

How to Submit Comments:

Stakeholders are encouraged to submit their comments via email to:

• [email protected]
• [email protected]

Comments for both rule packages must be submitted by 5:00 PM on Wednesday, June 26, 2024. The Division will consider all feedback before finalizing the rules for submission to the Joint Committee on Agency Rule Review, as per Chapter 119 of the Ohio Revised Code.