Ohio Admin. Code 1301:18-8-02 - Dispensary operating procedures and quality assurance
(A)
Each dispensary shall establish, maintain, and comply
with written policies and procedures for the daily operation and distribution
of cannabis. The dispensary's standard operating policies and procedures shall
mitigate the risk of diversion, theft, or loss and ensure compliance with all
mandates under this chapter.
(B)
Unless otherwise
authorized, a dispensary shall only distribute cannabis, cannabis
paraphernalia, or other inventory at the licensed premises.
(C)
Major
modifications
(1)
Any proposed major renovation or modification of the
licensed premises shall be submitted to the division at least sixty calendar
days prior to implementation.
(2)
The division will
review the proposed modification and may do any of the following:
(a)
Approve the
submission;
(b)
Deny the submission; or
(c)
Mandate updates
to the submission to ensure compliance with this chapter.
(3)
The
division may inspect the licensed premises pursuant to any proposed major
renovation or modification.
(D)
Each dispensary
shall ensure the licensed premises:
(1)
Conforms with all relevant local ordinances, zoning and
planning requirements, and fire codes;
(2)
Does not exceed
maximum building capacity and prevents the presence of individuals not engaged
in activities authorized pursuant to these rules;
(3)
Prominently
displays its certificate of operation and license seal issued by the
division;
(4)
Maintains proper cleanliness, ventilation, temperature
control, and sanitation to ensure safe and consistent
inventory;
(5)
Contains sufficient lighting to ensure visibility,
security, and proper surveillance;
(6)
A dispensary
licensed as a dual-use facility pursuant to these rules shall ensure the
facility:
(a)
Serves and accommodates medical patients and caregivers and
adult-use consumers alike;
(b)
Maintains ongoing
inventory sufficient to maintain an adequate supply of medical cannabis to meet
the current demand and projected patient and caregiver
population;
(c)
Provides accommodations to medical cannabis patients
and caregivers that may include, but is not limited to:
(i)
Dedicated hours
of operation limited to medical-only patients and caregivers during which
adult-use consumers are precluded from the facility.
(ii)
Expanded options
for medical cannabis delivery and online ordering.
(iii)
Efficient
point-of-sale accommodations that similarly and expeditiously serve medical
patients and caregivers and adult-use consumers.
(E)
Each dispensary shall designate areas within the
facility that are compartmentalized based upon function.
(1)
Each dispensary
shall maintain designated secure, limited access areas that are accessible only
by authorized registered employees.
(a)
Each dispensary's designated secure, limited access
areas shall include the following:
(i)
A storage area for all cannabis, cannabis
paraphernalia, and any other inventory;
(ii)
A security area
for all security and surveillance systems and equipment;
(iii)
A cannabis
destruction and disposal area that complies with rule 1301:18-3-12 of the
Administrative Code;
(iv)
An area for receipt of all deliveries to the
facility.
(b)
All secure, limited access areas shall be constantly
monitored, video surveilled, and meet all requirements under rule 1301:18-8-05
of the Administrative Code;
(c)
Each dispensary
shall post conspicuous signage at all secure, limited access areas stating: "Do
not enter-Restricted Access Area - Access Restricted to Authorized Employees
Only."
(d)
Unless otherwise authorized by the division, no
dispensary shall create or allow photographs, videos, or other media depicting
any secure, limited access area.
(2)
Each dispensary
shall maintain a designated retail area.
(a)
Pursuant to rule
1301:18-8-05 of the Administrative Code, the retail area shall be secure and
video surveilled to prevent diversion, theft, loss, or unauthorized access by
the public.
(b)
Except as outlined under paragraph (E)(2)(c) of this
rule, cannabis, cannabis paraphernalia, and other inventory may not be
maintained in the designated retail area.
(c)
Within the retail
area, each dispensary shall establish a secure, limited access area that is
physically separated from the remainder of the retail area and is accessible
only by authorized registered employees. This secure, limited access area
shall:
(i)
Maintain all cash registers or other points of sale;
and
(ii)
Ensure any cannabis, cannabis paraphernalia, or other
inventory maintained in this area is limited in quantity, separately secured to
prevent theft, and not visible from outside the facility.
(F)
Employees
(1)
Prior to commencing employment, each dispensary shall
ensure all employees are registered with the division pursuant to rule
1301:18-3-09 of the Administrative Code and receive adequate education and
training on standard operating procedures and as mandated by rule 1301:18-3-10
of the Administrative Code.
(2)
All registered
employees are to display their employee badge at all times during working
hours.
(3)
A registered responsible party as outlined by rule
1301:18-8-03 of the Administrative Code is to be present at the licensed
premises at least twenty hours per week.
(G)
Hours of
operation
(1)
A
dispensary may operate between the hours of seven a.m. and eleven
p.m.
(2)
Each dispensary shall maintain reasonable hours of
operation and conspicuously post such hours of operation at the licensed
premises.
(3)
Each dispensary shall establish, maintain, and comply
with written procedures for facility closure.
Each dispensary shall include in its written closure
procedures a method to notify patients and caregivers of when the dispensary
will resume normal hours of operation and conspicuously post such information
at the licensed premises.
(4)
Each dispensary
shall notify the division in advance of any permanent, long-term modifications
to its hours of operation.
(H)
Daily
operations
(1)
Each dispensary shall mandate all members of the public to
present valid, government-issued photographic identification containing the
individual's date of birth prior to each of the following events:
(a)
Entering the
designated retail area;
(b)
Executing any sale conducted at the licensed premises;
and
(c)
Transferring possession of any purchased materials to a
customer.
(2)
Unless otherwise authorized under these rules, no
person under the age of twenty-one shall be granted access to the dispensary's
licensed premises.
(a)
Registered patients who are under the age of twenty-one
may enter the premises if they present valid patient
identification.
(b)
Registered patients under the age of eighteen are to be
accompanied by their registered caregiver.
(3)
Prior to entering
the dispensary's retail area, all members of the public shall be mandated to
present valid, government-issued photographic identification containing the
individual's date of birth.
A
registered dispensary employee is to review the individual's identification and
ensure the following:
(a)
The individual is at least twenty-one years of age or
older; or
(b
For registered patients:
(i)
The individual is
eighteen years of age or older or accompanied by the patient's registered
caregiver; and
(ii)
The dispensary employee will also mandate presentation
of valid patient identification.
(I)
Points of sale
(1)
Prior to any
sale, or the transfer of possession of any cannabis, a registered dispensary
employee will review the customer's valid, government-issued photographic
identification containing the customer's date of birth. The employee shall
confirm the individual is:
(a)
A customer is at least twenty-one years of age or older
or authorized to engage in activities pursuant to this chapter;
(b)
The information
contained on the customer's identification matches the individual presenting
the identification;
(c)
The information contained on the customer's
identification matches the information provided in the order;
and
(d)
If applicable, the registered employee will also review
documentation evidencing the individual is a veteran or indigent
status.
(2)
A dispensary may accept orders and payment for cannabis
and cannabis paraphernalia via the internet.
A dispensary that accepts orders and payment pursuant
to this paragraph shall ensure a registered dispensary employee mandates the
customer to present all identifying information outlined under paragraph (I)(1)
of this rule prior to transferring possession of any purchased materials to the
customer.
(3)
A dispensary may utilize a self-serve ordering kiosk
located within the physical premises of the facility.
(a)
The dispensary
shall ensure that the kiosk and surrounding area are secure and surveilled to
prevent diversion, theft, and loss.
(b)
A self-serve
ordering kiosk may not automatically or directly dispense cannabis to
individuals.
(4)
Each dispensary shall maintain at each
point-of-sale:
(a)
Educational materials in compliance with section
3780.30 of the Revised Code on
substance abuse and access to addiction services;
(b)
Contact
information for the division's toll-free telephone line in compliance with
section 3796.17 of the Revised Code;
and
(c)
Any other information mandated by the
division.
(J)
Drive-up
window:
(1)
A
dispensary may petition the division to distribute inventory via a drive-up
window affixed to the physical premises of the facility.
(2)
The dispensary
shall ensure that the drive-up window, and the area immediately surrounding, is
secure, video surveilled, and meet all mandates outlined under rule
1301:18-8-05 of the Administrative Code.
(3)
The area
immediately surrounding the drive-up window, must be possessed or controlled by
the dispensary or authorized for use of the area via express written consent by
the property owner.
(K)
Curbside
pickup:
(1)
A
dispensary may petition the division to distribute purchased inventory via
curbside pickup.
(2)
The dispensary shall ensure the area designated for
curbside pickup, and the immediately surrounding area, is secure, video
surveilled, and meets all mandates under rule 1301:18-8-05 of the
Administrative Code.
(3)
Any area designated for curbside pickup, and the
immediately surrounding area, must be possessed or controlled by the dispensary
or authorized for use of the area via express written consent by the property
owner.
(4)
The dispensary shall assign a registered dispensary
employee who meets the mandates outlined under paragraph (B) of rule
1301:18-8-05(B) of the Administrative Code to monitor and assist with any
curbside pickup distribution.
(5)
A registered
dispensary employee shall mandate presentation of the individual's
identification as outlined under paragraph (I)(1) of this rule prior to
transferring possession of the purchased inventory.
Notes
Promulgated Under: 119.03
Statutory Authority: 3780.03, 3796.03
Rule Amplifies: 3780.03, 3780.15, 3780.20, 3796.03, 3796.20
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.