OHIO: The Ohio Department of Commerce Medical Marijuana Control Program is submitting the following proposed rule package for review to the Common Sense Initiative and soliciting public input on draft changes to Ohio Administrative Code Chapter 3796.
The proposed draft language addresses the following amendments:
- 3796:2-1-06 (Amended): This rule outlines requirements for a medical marijuana cultivation facility to obtain a certificate of operation. The proposed amendment clarifies that cultivation facilities are not eligible for the agricultural exemption from Ohio’s building code.
- 3796:2-2-03, 3796:3-2-03, and 3796:4-2-06 (Amended): These rules outline requirements for cultivators, processors, and testing labs to dispose of medical marijuana waste material. The proposed amendment removes an option that could have required the Department to take possession of and destroy medical marijuana waste material.
- 3796:5-2-01 (Amended): Every employee of a licensed medical marijuana facility is required to be licensed by the state, and this rule outlines requirements for obtaining the necessary employee identification cards. The proposed amendments remove unnecessary requirements from the list of materials to be submitted, including social security cards, proof of residence, and duplicative submissions related to criminal background checks.
- 3796:5-6-01 (Amended): This rule relates to the Department’s enforcement authority over licensees, and the proposed amendment deletes duplicative language related to confidential information and public records.
- 3796:5-6-04 (New): The proposed new rule would provide the Director flexibility to grant variances in instances where the variance is in the public interest and not inconsistent with statute.
Please include the words “MMCP Commerce Rule Review” in the subject line of all comments sent via regular mail or e-mail. The Ohio Department of Commerce will review and consider the comments received before the rules are submitted for formal rule proposal and adoption proceedings.