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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 160
2025-2026
Representative Stewart
To
amend sections 9.79, 519.21, 928.01, 928.03, 3376.07, 3796.01,
3796.02, 3796.03, 3796.05, 3796.06, 3796.07, 3796.09, 3796.10,
3796.12, 3796.13, 3796.14, 3796.15, 3796.17, 3796.18, 3796.19,
3796.20, 3796.21, 3796.22, 3796.23, 3796.24, 3796.27, 3796.28,
3796.29, 3796.30, 3796.31, 4735.18, 4796.25, 5502.01, 5502.13,
5502.14, 5713.30, 5739.21, and 5739.99; to enact sections 2953.321,
3796.04, 3796.062, 3796.221, 3796.32, 3796.33, 3796.99, and 5739.27;
and to repeal sections 3780.01, 3780.02, 3780.03, 3780.04, 3780.05,
3780.06, 3780.07, 3780.08, 3780.09, 3780.10, 3780.11, 3780.12,
3780.13, 3780.14, 3780.15, 3780.16, 3780.17, 3780.18, 3780.19,
3780.20, 3780.21, 3780.22, 3780.23, 3780.24, 3780.25, 3780.26,
3780.27, 3780.28, 3780.29, 3780.30, 3780.31, 3780.32, 3780.33,
3780.34, 3780.35, 3780.36, 3780.90, 3780.99, and 3796.021 of the
Revised Code
to
revise specified provisions of the liquor control, hemp, and
adult-use marijuana laws and to levy taxes on marijuana.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 9.79, 519.21, 928.01, 928.03, 3376.07, 3796.01, 3796.02,
3796.03, 3796.05, 3796.06, 3796.07, 3796.09, 3796.10, 3796.12,
3796.13, 3796.14, 3796.15, 3796.17, 3796.18, 3796.19, 3796.20,
3796.21, 3796.22, 3796.23, 3796.24, 3796.27, 3796.28, 3796.29,
3796.30, 3796.31, 4735.18, 4796.25, 5502.01, 5502.13, 5502.14,
5713.30, 5739.21, and 5739.99 be amended and sections 2953.321,
3796.04, 3796.062, 3796.221, 3796.32, 3796.33, 3796.99, and 5739.27
of the Revised Code be enacted to read as follows:
Sec.
9.79.
(A)
As used in this section:
(1)
"License" means an authorization evidenced by a license,
certificate, registration, permit, card, or other authority that is
issued or conferred by a licensing authority to an individual by
which the individual has or claims the privilege to engage in a
profession, occupation, or occupational activity over which the
licensing authority has jurisdiction. "License" does not
include a registration under section 101.72, 101.92, or 121.62 of the
Revised Code.
(2)
"Licensing authority" means a state agency that issues
licenses under Title XLVII or any other provision of the Revised Code
to practice an occupation or profession.
(3)
"Offense of violence" has the same meaning as in section
2901.01 of the Revised Code.
(4)
"Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(5)
"State agency" has the same meaning as in section 1.60 of
the Revised Code.
(6)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(7)
"Post-release control sanction" has the same meaning as in
section 2967.01 of the Revised Code.
(8)
"Fiduciary duty" means a duty to act for someone else's
benefit, while subordinating one's personal interest to that of the
other person.
(B)(1)
Notwithstanding any provision of the Revised Code to the contrary,
subject to division (L) of this section, for each type of license
issued or conferred by a licensing authority, the licensing authority
shall establish within one hundred eighty days after April 12, 2021,
a list of specific criminal offenses for which a conviction, judicial
finding of guilt, or plea of guilty may disqualify an individual from
obtaining an initial license. The licensing authority shall make the
list available to the public on the licensing authority's web site
pursuant to division (C) of section 9.78 of the Revised Code. The
licensing authority, in adopting the list, shall do both of the
following:
(a)
Identify each disqualifying offense by name or by the Revised Code
section number that creates the offense;
(b)
Include in the list only criminal offenses that are directly related
to the duties and responsibilities of the licensed occupation.
(2)
The licensing authority may include in the list established under
division (B)(1) of this section an existing or former municipal
ordinance or law of this or any other state or the United States that
is substantially equivalent to any section or offense included in the
list adopted under division (B)(1) of this section.
(C)(1)
Except as provided in division (C)(2) or (D) of this section and
subject to division (L) of this section, a licensing authority shall
not refuse to issue an initial license to an individual based on any
of the following:
(a)
Solely or in part on a conviction of, judicial finding of guilt of,
or plea of guilty to an offense;
(b)
A criminal charge that does not result in a conviction, judicial
finding of guilt, or plea of guilty;
(c)
A nonspecific qualification such as "moral turpitude" or
lack of "moral character";
(d)
A disqualifying offense included in the list established under
division (B) of this section, if consideration of that offense occurs
after the time periods permitted in division (D) of this section.
(2)
If the individual was convicted of, found guilty pursuant to a
judicial finding of guilt of, or pleaded guilty to a disqualifying
offense included in the list established under division (B) of this
section for the license for which the individual applied, the
licensing authority may take the conviction, judicial finding of
guilt, or plea of guilty into consideration in accordance with
division (D) of this section.
(D)(1)
A licensing authority that may, under division (C)(2) of this
section, consider a conviction of, judicial finding of guilt of, or
plea of guilty to an offense in determining whether to refuse to
issue an initial license to an individual shall consider all of the
following factors and shall use a preponderance of the evidence
standard in evaluating those factors to determine whether the
conviction, judicial finding of guilt, or plea of guilty disqualifies
the individual from receiving the license:
(a)
The nature and seriousness of the offense for which the individual
was convicted, found guilty pursuant to a judicial finding of guilt,
or pleaded guilty;
(b)
The passage of time since the individual committed the offense;
(c)
The relationship of the offense to the ability, capacity, and fitness
required to perform the duties and discharge the responsibilities of
the occupation;
(d)
Any evidence of mitigating rehabilitation or treatment undertaken by
the individual, including whether the individual has been issued a
certificate of qualification for employment under section 2953.25 of
the Revised Code or a certificate of achievement and employability
under section 2961.22 of the Revised Code;
(e)
Whether the denial of a license is reasonably necessary to ensure
public safety.
(2)
A licensing authority may take a disqualifying offense included in
the list established under division (B) of this section into account
only during the following time periods:
(a)
For a conviction of, judicial finding of guilt of, or plea of guilty
to a disqualifying offense that does not involve a breach of
fiduciary duty and that is not an offense of violence or a sexually
oriented offense, whichever of the following is later, provided the
individual was not convicted of, found guilty pursuant to a judicial
finding of guilt of, and did not enter a plea of guilty to any other
offense during the applicable period:
(i)
Five years from the date of conviction, judicial finding of guilt, or
plea of guilty;
(ii)
Five years from the date of the release from incarceration;
(iii)
The time period specified in division (D)(3) of this section.
(b)
For a conviction of, judicial finding of guilt of, or plea of guilty
to a disqualifying offense that involves a breach of fiduciary duty
and that is not an offense of violence or a sexually oriented
offense, whichever of the following is later, provided the individual
was not convicted of, found guilty pursuant to a judicial finding of
guilt of, and did not enter a plea of guilty to any other offense
during the applicable period:
(i)
Ten years from the date of conviction, judicial finding of guilt, or
plea of guilty;
(ii)
Ten years from the date of the release from incarceration;
(iii)
The time period specified in division (D)(4) of this section.
(c)
For a conviction of, judicial finding of guilt of, or plea of guilty
to a disqualifying offense that is an offense of violence or a
sexually oriented offense, any time.
(3)
If an individual is subject to a community control sanction, parole,
or post-release control sanction based on a conviction of, judicial
finding of guilt of, or plea of guilty to a disqualifying offense
included in the list established under division (B) of this section
that is not an offense of violence or a sexually oriented offense, a
licensing authority may take the offense into account during the
following time periods:
(a)
If the community control sanction, parole, or post-release control
sanction was for a term of less than five years, the period of the
community control sanction, parole, or post-release control sanction
plus the number of years after the date of final discharge of the
community control sanction, parole, or post-release control sanction
necessary to equal five years;
(b)
If the community control sanction, parole, or post-release control
sanction was for a term of five years or more, the period of the
community control sanction, parole, or post-release control sanction.
(4)
If an individual is subject to a community control sanction, parole,
or post-release control sanction based on a conviction of, judicial
finding of guilt of, or plea of guilty to a disqualifying offense
included in the list established under division (B) of this section
that involved a breach of fiduciary duty and that is not an offense
of violence or a sexually oriented offense, a licensing authority may
take the offense into account during the following time periods:
(a)
If the community control sanction, parole, or post-release control
sanction was for a term of less than ten years, for the period of the
community control sanction, parole, or post-release control sanction
plus the number of years after the date of final discharge of the
community control sanction, parole, or post-release control sanction
necessary to equal ten years;
(b)
If the community control sanction, parole, or post-release control
sanction was for a term of ten years or more, the period of the
community control sanction, parole, or post-release control sanction.
(E)
If a licensing authority refuses to issue an initial license to an
individual pursuant to division (D) of this section, the licensing
authority shall notify the individual in writing of all of the
following:
(1)
The grounds and reasons for the refusal, including an explanation of
the licensing authority's application of the factors under division
(D) of this section to the evidence the licensing authority used to
reach the decision;
(2)
The individual's right to a hearing regarding the licensing
authority's decision under section 119.06 of the Revised Code;
(3)
The earliest date the individual may reapply for a license;
(4)
Notice that evidence of rehabilitation may be considered on
reapplication.
(F)
In an administrative hearing or civil action reviewing a licensing
authority's refusal under divisions (B) to (K) of this section to
issue an initial license to an individual, the licensing authority
has the burden of proof on the question of whether the individual's
conviction of, judicial finding of guilt of, or plea of guilty to an
offense directly relates to the licensed occupation.
(G)
A licensing authority that is authorized by law to limit or otherwise
place restrictions on a license may do so to comply with the terms
and conditions of a community control sanction, post-release control
sanction, or an intervention plan established in accordance with
section 2951.041 of the Revised Code.
(H)
Each licensing authority shall adopt any rules that it determines are
necessary to implement divisions (B) to (F) of this section.
(I)
Divisions (B) to (K) of this section do not apply to any of the
following:
(1)
Any position for which appointment requires compliance with section
109.77 of the Revised Code or in which an individual may satisfy the
requirements for appointment or election by complying with that
section;
(2)
Any position for which federal law requires disqualification from
licensure or employment based on a conviction of, judicial finding of
guilt of, or plea of guilty to an offense;
(3)
Community-based long-term care services certificates and
community-based long-term care services contracts or grants issued
under section 173.381 of the Revised Code;
(4)
Certifications of a provider to provide community-based long-term
care services under section 173.391 of the Revised Code;
(5)
Certificates of authority to a health insuring corporation issued
under section 1751.05 of the Revised Code;
(6)
Licenses to operate a home or residential care facility issued under
section 3721.07 of the Revised Code;
(7)
Certificates of authority to make contracts of indemnity issued under
section 3931.10 of the Revised Code;
(8)
Supported living certificates issued under section 5123.161 of the
Revised Code;
(9)
Certificates to administer medications and perform health-related
activities under section 5123.45 of the Revised Code
;
(10)
Licenses issued by the division of marijuana control under Chapter
3796. of the Revised Code
.
(J)
Nothing in divisions (B) to (K) of this section prohibits a licensing
authority from considering either of the following when making a
determination whether to issue a license to an individual:
(1)
Past disciplinary action taken by the licensing authority against the
individual;
(2)
Past disciplinary action taken against the individual by an authority
in another state that issues a license that is substantially similar
to the license for which the individual applies.
(K)
Notwithstanding any provision of the Revised Code to the contrary, if
a licensing authority issues a license to an individual after
considering a conviction of, judicial finding of guilt of, or plea of
guilty to an offense under division (D) of this section, the
licensing authority shall not refuse to renew the individual's
license based on that conviction, judicial finding of guilt, or plea
of guilty.
(L)(1)
Notwithstanding any provision of the Revised Code to the contrary,
subject to division (G) of this section, during the period commencing
on
the
effective date of this amendment
April
4, 2023,
and
ending on
the date that is two years after the effective date of this amendment
April 4, 2025,
no
licensing authority shall refuse to issue a license to a person,
limit or otherwise place restrictions on a person's license, or
suspend or revoke a person's license under any provision of the
Revised Code that takes effect on or after the effective date of this
amendment and prior to the date that is two years after the effective
date of this amendment and that requires or authorizes such a
refusal, limitation, restriction, suspension, or revocation as a
result of the person's conviction of, judicial finding of guilt of,
or plea of guilty to an offense.
(2)
Divisions (B) to (F), and (H) to (K), of this section do not apply
with respect to any provision of the Revised Code that takes effect
on or after the effective date of this amendment and prior to the
date that is two years after the effective date of this amendment and
that requires or authorizes a licensing authority to refuse to issue
a license to a person, to limit or otherwise place restrictions on a
person's license, or to suspend or revoke a person's license as a
result of the person's conviction of, judicial finding of guilt of,
or plea of guilty to an offense.
Sec.
519.21.
(A)
Except as otherwise provided in divisions (B) and (D) of this
section, sections 519.02 to 519.25 of the Revised Code confer no
power on any township zoning commission, board of township trustees,
or board of zoning appeals to prohibit the use of any land for
agricultural purposes or the construction or use of buildings or
structures incident to the use for agricultural purposes of the land
on which such buildings or structures are located, including
buildings or structures that are used primarily for vinting and
selling wine and that are located on land any part of which is used
for viticulture, and no zoning certificate shall be required for any
such building or structure.
(B)
A township zoning resolution, or an amendment to such resolution, may
in any platted subdivision approved under section 711.05, 711.09, or
711.10 of the Revised Code, or in any area consisting of fifteen or
more lots approved under section 711.131 of the Revised Code that are
contiguous to one another, or some of which are contiguous to one
another and adjacent to one side of a dedicated public road, and the
balance of which are contiguous to one another and adjacent to the
opposite side of the same dedicated public road regulate:
(1)
Agriculture on lots of one acre or less;
(2)
Buildings or structures incident to the use of land for agricultural
purposes on lots greater than one acre but not greater than five
acres by: set back building lines; height; and size;
(3)
Dairying and animal and poultry husbandry on lots greater than one
acre but not greater than five acres when at least thirty-five per
cent of the lots in the subdivision are developed with at least one
building, structure, or improvement that is subject to real property
taxation or that is subject to the tax on manufactured and mobile
homes under section 4503.06 of the Revised Code. After thirty-five
per cent of the lots are so developed, dairying and animal and
poultry husbandry shall be considered nonconforming use of land and
buildings or structures pursuant to section 519.19 of the Revised
Code.
Division
(B) of this section confers no power on any township zoning
commission, board of township trustees, or board of zoning appeals to
regulate agriculture, buildings or structures, and dairying and
animal and poultry husbandry on lots greater than five acres.
(C)
Such sections confer no power on any township zoning commission,
board of township trustees, or board of zoning appeals to prohibit in
a district zoned for agricultural, industrial, residential, or
commercial uses, the use of any land for:
(1)
A farm market where fifty per cent or more of the gross income
received from the market is derived from produce raised on farms
owned or operated by the market operator in a normal crop year.
However, a board of township trustees, as provided in section 519.02
of the Revised Code, may regulate such factors pertaining to farm
markets as size of the structure, size of parking areas that may be
required, set back building lines, and egress or ingress, where such
regulation is necessary to protect the public health and safety.
(2)
Biodiesel production, biomass energy production, or electric or heat
energy production if the land on which the production facility is
located qualifies as land devoted exclusively to agricultural use
under sections 5713.30 to 5713.37 of the Revised Code for real
property tax purposes. As used in division (C)(2) of this section,
"biodiesel," "biomass energy," and "electric
or heat energy" have the same meanings as in section 5713.30 of
the Revised Code.
(3)
Biologically derived methane gas production if the land on which the
production facility is located qualifies as land devoted exclusively
to agricultural use under sections 5713.30 to 5713.37 of the Revised
Code for real property tax purposes and if the facility that produces
the biologically derived methane gas does not produce more than
seventeen million sixty thousand seven hundred ten British thermal
units, five megawatts, or both.
(4)
Agritourism. However, a board of township trustees, as provided in
section 519.02 of the Revised Code, may regulate such factors
pertaining to agritourism, except farm markets as described in
division (C)(1) of this section, as size of a structure used
primarily for agritourism, size of parking areas that may be
required, setback building lines for structures used primarily for
agritourism, and egress or ingress where such regulation is necessary
to protect public health and safety.
Nothing
in division (C)(4) of this section confers power on a township zoning
commission, board of township trustees, or board of zoning appeals to
require any parking area to be improved in any manner, including
requirements governing drainage, parking area base, parking area
paving, or any other improvement.
Nothing
in division (C)(4) of this section confers power on a township zoning
commission, board of township trustees, or board of zoning appeals to
prohibit the use of any land or the construction or use of buildings
or structures that are used primarily for vinting and selling wine
that are located on land any part of which is used for viticulture as
provided in division (A) of this section.
(D)
Nothing in this section prohibits a township zoning commission, board
of township trustees, or board of zoning appeals from regulating the
location of
medical
marijuana
cultivators, processors, or retail dispensaries or from prohibiting
such cultivators, processors, or dispensaries from being located in
the unincorporated territory of the township.
(D)(1)
(E)(1)
As used in division (C)(3) of this section, "biologically
derived methane gas" has the same meaning as in section 5713.30
of the Revised Code.
(2)
As used in division (C)(4) of this section, "agritourism"
has the same meaning as in section 901.80 of the Revised Code.
Sec.
928.01.
As
used in this chapter:
(A)
"Cannabidiol" means the cannabidiol compound
,
containing a delta-9 tetrahydrocannabinol concentration of not more
than three-tenths per cent,
derived from hemp.
(B)
"Cultivate" or "cultivating" means to plant,
water, grow, fertilize, till, or harvest a plant or crop.
"Cultivating" includes possessing or storing a plant or
crop on a premises where the plant or crop was cultivated until
transported to the first point of sale.
(C)
"Hemp" means the plant Cannabis sativa L. and any part of
that plant, including the seeds thereof and all derivatives,
extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
whether growing or not, with a
delta-9
total
tetrahydrocannabinol
concentration of not more than three-tenths per cent on a dry weight
basis.
(D)
"Hemp cultivation license" means a license to cultivate
hemp issued under section 928.02 of the Revised Code.
(E)
"Hemp processing license" means a license to process hemp
issued under section 928.02 of the Revised Code.
(F)
"Hemp product" means any product
,
containing a delta-9 tetrahydrocannabinol concentration of not more
than three-tenths per cent,
that is made with hemp
to which all of the following apply:
(1)
It has a total tetrahydrocannabinol concentration of not more than
three-tenths per cent.
(2)
It has not more than five-tenths milligrams of total
tetrahydrocannabinol per serving.
(3)
It has not more than two milligrams of total tetrahydrocannabinol per
package.
.
"Hemp
product"
"Hemp
product"
includes cosmetics, personal care products, dietary supplements or
food intended for animal or human consumption, cloth, cordage, fiber,
fuel, paint, paper, particleboard, and any other product containing
one or more cannabinoids derived from hemp, including cannabidiol.
(G)
"Marihuana" has the same meaning as in section 3719.01 of
the Revised Code.
(H)
"Medical marijuana" has the same meaning as in section
3796.01 of the Revised Code.
(I)
"Process" or "processing" means converting hemp
into a hemp product.
(J)
"Delta-9 tetrahydrocannabinol" means the sum of the
percentage by weight of tetrahydrocannabinolic acid multiplied by
0.877 plus the percentage by weight of delta-9 tetrahydrocannabinol.
(K)
"University" means an institution of higher education as
defined in section 3345.12 of the Revised Code and a private
nonprofit institution with a certificate of authorization issued
pursuant to Chapter 1713. of the Revised Code.
(L)
"USDA" means the United States department of agriculture.
(M)
"Tetrahydrocannabinol" means naturally occurring or
synthetic equivalents, regardless of whether artificially or
naturally derived, of the substances contained in the plant, or in
the resinous extractives of cannabis, sp. or derivatives, and their
isomers with similar chemical structure to delta-1-cis or trans
tetrahydrocannabinol, and their optical isomers, salts and salts of
isomers. "Tetrahydrocannabinol" includes, but is not
limited to, delta-6-cis or trans tetrahydrocannabinol, delta3,4-cis
or trans tetrahydrocannabinol, 9-hexahydrocannabinol, and
delta-9-tetrahydrocannabinol acetate. Since nomenclature of these
substances is not internationally standardized, compounds of these
structures, regardless of numerical designation of atomic positions,
are included.
"Tetrahydrocannabinol"
does not include the following:
(1)
Tetrahydrocannabinols approved by the United States food and drug
administration for marketing as a medication or recognized by the
United States food and drug administration as generally recognized as
safe;
(2)
Cannabichromene (CBC);
(3)
Cannabicyclol (CBL);
(4)
Cannabidiol (CBD);
(5)
Cannabidivarol (CBDV);
(6)
Cannabielsoin (CBE);
(7)
Cannabigerol (CBG);
(8)
Cannabigerovarin (CBGV);
(9)
Cannabinol (CBN);
(10)
Cannabivarin (CBV).
(N)
"Total tetrahydrocannabinol" means the sum, after the
application of any necessary conversion factor, of the percentage by
weight of tetrahydrocannabinol, including delta-9
tetrahydrocannabinol, and the percentage by weight of
tetrahydrocannabinolic acid.
Sec.
928.03.
The
director of agriculture, in consultation with the governor and
attorney general, shall adopt rules in accordance with Chapter 119.
of the Revised Code establishing standards and procedures for the
regulation of hemp cultivation and processing. The rules shall
include all of the following:
(A)
The form of an application for a hemp cultivation license and hemp
processing license and the information required to be included in
each license application;
(B)
The amount of an initial application fee that an applicant shall
submit along with an application for a hemp cultivation license or a
hemp processing license, and the amount of an annual license fee that
a licensee shall submit for a hemp cultivation license or a hemp
processing license. In adopting rules under division (B) of this
section, the director shall ensure both of the following:
(1)
That the amount of the application fee and annual license fee does
not exceed an amount sufficient to cover the costs incurred by the
department of agriculture to administer and enforce this chapter;
(2)
That there is one uniform application fee and one uniform annual
license fee that applies to all applicants for a hemp cultivation
license.
(C)
Requirements and procedures concerning background investigations of
each applicant for a hemp cultivation license and each applicant for
a hemp processing license. The director shall include both of the
following in the rules adopted under this division:
(1)
A requirement that each applicant comply with sections 4776.01 to
4776.04 of the Revised Code;
(2)
Provisions that prohibit the director from issuing a hemp cultivation
license or hemp processing license to an applicant that has not
complied with those sections.
(D)
Requirements regarding the experience, equipment, facilities, or land
necessary to obtain a hemp cultivation license;
(E)
Requirements and procedures regarding standards of financial
responsibility for each applicant for a hemp processing license.
(F)
Procedures and requirements for the issuance, renewal, denial,
suspension, and revocation of a hemp cultivation license and hemp
processing license, including providing for a hearing under Chapter
119. of the Revised Code with regard to such a denial, suspension, or
revocation;
(G)
Grounds for the denial, suspension, and revocation of a hemp
cultivation license and of a hemp processing license, including a
requirement that the director revoke a hemp cultivation license or
hemp processing license, for a period of ten years, of any person who
pleads guilty to or is convicted of a felony relating to a controlled
substance;
(H)
A requirement that the director shall not issue a hemp cultivation
license or hemp processing license to any person who has pleaded
guilty to or been convicted of a felony relating to a controlled
substance in the ten years immediately prior to the submission of the
application for a license;
(I)
A requirement that any person that materially falsifies information
in an application for a hemp cultivation license or hemp processing
license is ineligible to receive either license;
(J)
A practice for maintaining relevant information regarding land on
which hemp is cultivated by hemp cultivation licensees, including a
legal description of the land, in accordance with applicable federal
law;
(K)
Requirements prohibiting a hemp cultivation licensee and a hemp
processing licensee from cultivating or processing marihuana;
(L)
A procedure for testing, using post-decarboxylation or other
similarly reliable methods,
delta-9
total
tetrahydrocannabinol
concentration levels of plants and products for purposes of
determining compliance with this chapter and rules adopted under it;
(M)
Requirements and procedures for the issuance, administration, and
enforcement of corrective action plans issued under this chapter;
(N)
A procedure for conducting annual inspections of, at a minimum, a
random sample of hemp cultivation license holders to verify that
plants are not being cultivated in violation of this chapter or rules
adopted under it;
(O)
A procedure for conducting annual inspections of, at a minimum, a
random sample of hemp processing license holders to verify that such
license holders are not operating in violation of this chapter or
rules adopted under it;
(P)
A procedure for complying with enforcement procedures required under
federal law;
(Q)
A procedure for the effective disposal of all of the following:
(1)
Plants, whether growing or not, cultivated in violation of this
chapter or rules adopted under it;
(2)
Products derived from plants cultivated in violation of this chapter
or rules adopted under it;
(3)
Products produced in violation of this chapter or rules adopted under
it.
(R)
Requirements and procedures governing the production, storage, and
disposal of hemp byproducts.
For
the purposes of this chapter and notwithstanding any provision of law
to the contrary, "hemp product" includes a byproduct,
produced as a result of processing hemp, that contains a
delta-9
total
tetrahydrocannabinol
concentration of more than three-tenths per cent, provided that the
byproduct is produced, stored, and disposed of in accordance with
rules adopted under division (R) of this section.
(S)
Procedures for sharing information regarding hemp cultivation license
holders with the secretary of the USDA;
(T)
A setback distance requirement that specifies the distance that a
hemp cultivation license holder shall locate hemp plants from a
location where medical marijuana is being cultivated. The requirement
does not apply to a hemp cultivation license holder with regard to a
medical marijuana cultivator that locates medical marijuana within
the established setback distance requirement after the hemp
cultivation license holder begins operation.
(U)
Annual reporting requirements and procedures for hemp cultivation
license holders and hemp processing license holders;
(V)
Recordkeeping and documentation maintenance requirements and
procedures for hemp cultivation license holders and hemp processing
license holders;
(W)
Fees for the laboratory testing of plants and products;
(X)
Standards for the testing
and
,
labeling
,
and packaging
of hemp and hemp products
,
which shall include the child-resistant effectiveness standards
described in 16 C.F.R. 1700.15(b)
;
(Y)
Requirements prohibiting the processing of hemp in a building used as
a personal residence or on land that is zoned for residential use;
(Z)
Production standards and manufacturing practices for processing hemp;
(AA)
Procedures and requirements for the transportation and storage of
both hemp and hemp products;
(BB)
Any other requirements or procedures necessary to administer and
enforce this chapter.
Sec.
2953.321.
(A)
As used in this section:
(1)
"Expunge" means to destroy, delete, and erase a record as
appropriate for the record's physical or electronic form or
characteristic so that the record is permanently irretrievable.
(2)
"Official records" and "prosecutor" have the same
meanings as in section 2953.31 of the Revised Code.
(B)
If a person, prior to the effective date of this section, was
convicted of or has pleaded guilty to a violation of division (C)(3)
or (7) of section 2925.11 of the Revised Code and the conduct that
was the basis of the violation involved possession of not more than
fifteen grams of hashish and not more than two and one-half ounces of
marihuana other than hashish, the person may file an application
under this section requesting an expungement of the record of
conviction.
(C)
Any person who is eligible under division (B) of this section to file
an application for expungement may apply to the sentencing court for
the expungement of the record of conviction. The person may file the
application at any time on or after the effective date of this
section. The application shall do all of the following:
(1)
Identify the applicant, the offense for which the expungement is
sought, the date of the conviction of or plea of guilty to that
offense, and the court in which the conviction occurred or the plea
of guilty was entered;
(2)
Include evidence that the offense was a violation of division (C)(3)
or (7) of section 2925.11 of the Revised Code, that the conviction or
plea of guilty occurred prior to the effective date of this section,
and that the conduct that was the basis of the violation involved
possession of not more than fifteen grams of hashish and not more
than two and one-half ounces of marihuana other than hashish;
(3)
Include a request for expungement of the record of conviction of that
offense under this section.
(D)
Upon the filing of an application under division (C) of this section
and the payment of the fee described in division (H) of this section
if applicable, the court shall set a date for a hearing and shall
notify the prosecutor for the case of the hearing on the application.
The prosecutor may object to the granting of the application by
filing an objection with the court prior to the date set for the
hearing. The prosecutor shall specify in the objection the reasons
for believing a denial of the application is justified. The court
shall direct its regular probation officer, a state probation
officer, or the department of probation of the county in which the
applicant resides to make inquiries and written reports as the court
requires concerning the applicant. The court shall hold the hearing
scheduled under this division.
(E)
At the hearing held under division (D) of this section, the court
shall do both of the following:
(1)
Determine whether the applicant has, prior to the effective date of
this section, been convicted of or pleaded guilty to a violation of
division (C)(3) or (7) of section 2925.11 of the Revised Code and
whether the conduct that was the basis for the violation involved
possession of not more than fifteen grams of hashish and not more
than two and one-half ounces of marihuana other than hashish;
(2)
If the prosecutor has filed an objection in accordance with division
(D) of this section, consider the reasons against granting the
application specified by the prosecutor in the objection.
(F)
The court shall order the expungement of all official records
pertaining to the case and the deletion of all index references to
the case and, if it does order the expungement, shall send notice of
the order to each public office or agency that the court has reason
to believe may have an official record pertaining to the case if the
court, after complying with division (E) of this section, determines
that the applicant, prior to the effective date of this section, had
been convicted of or pleaded guilty to a violation of division (C)(3)
or (7) of section 2925.11 of the Revised Code and that the conduct
that was the basis for the violation involved possession of not more
than fifteen grams of hashish and not more than two and one-half
ounces of marihuana other than hashish.
(G)
The proceedings in the case that is the subject of an order issued
under division (F) of this section shall be considered not to have
occurred and the conviction or guilty plea of the person who is the
subject of the proceedings shall be expunged. The record of the
conviction shall not be used for any purpose, including, but not
limited to, a criminal records check under section 109.572 of the
Revised Code. The applicant may, and the court shall, reply that no
record exists with respect to the applicant upon any inquiry into the
matter.
(H)
Upon the filing of an application under this section, the applicant,
unless indigent, shall pay a fee of fifty dollars. The court shall
pay thirty dollars of the fee into the state treasury and shall pay
twenty dollars of the fee into the county general revenue fund.
Sec.
3376.07.
A
state institution of higher education, private college, athletic
association, conference, or other group or organization with
authority over intercollegiate athletics may prohibit a
student-athlete from entering into a contract providing compensation
to the student-athlete for use of the student-athlete's name, image,
or likeness if under the contract the student-athlete's name, image,
or likeness is associated with any of the following:
(A)
Any company that manufactures, markets, or sells, or brand that is
associated with, a controlled substance, marihuana product, medical
marijuana product,
adult-use
marijuana product,
alcoholic
product, tobacco product, electronic smoking device, vapor product,
or product or device that consists of or contains nicotine that can
be ingested into the body;
(B)
Any medical marijuana cultivator, processor, laboratory, or retail
dispensary licensed under Chapter 3796. of the Revised Code or under
the laws of another state;
(C)
Any business engaged in the sale, rental, or exhibition for any form
of consideration of adult entertainment that is characterized by an
emphasis on the exposure or display of sexual activity;
(D)
Any casino or entity that sponsors or promotes gambling activities;
(E)
Any other category of companies, brands, or types of contracts that
are similar to those described in divisions (A) to (D) of this
section that the institution or college communicates to the
student-athlete before the student-athlete enrolls at the institution
or college.
Sec.
3796.01.
(A)
As used in this chapter:
(1)
"Marijuana" means marihuana as defined in section 3719.01
of the Revised Code.
(2)
"Medical marijuana" means marijuana that is cultivated,
processed, dispensed, tested, possessed, or used for a medical
purpose
in accordance with this chapter
.
"Medical marijuana" does not include adult-use marijuana or
homegrown marijuana.
(3)
"Academic medical center" has the same meaning as in
section 4731.297 of the Revised Code.
(4)
"Drug database" means the database established and
maintained by the state board of pharmacy pursuant to section 4729.75
of the Revised Code.
(5)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.
(6)
"Qualifying medical condition" means any of the following:
(a)
Acquired immune deficiency syndrome;
(b)
Alzheimer's disease;
(c)
Amyotrophic lateral sclerosis;
(d)
Cancer;
(e)
Chronic traumatic encephalopathy;
(f)
Crohn's disease;
(g)
Epilepsy or another seizure disorder;
(h)
Fibromyalgia;
(i)
Glaucoma;
(j)
Hepatitis C;
(k)
Inflammatory bowel disease;
(l)
Multiple sclerosis;
(m)
Pain that is either of the following:
(i)
Chronic and severe;
(ii)
Intractable.
(n)
Parkinson's disease;
(o)
Positive status for HIV;
(p)
Post-traumatic stress disorder;
(q)
Sickle cell anemia;
(r)
Spinal cord disease or injury;
(s)
Tourette's syndrome;
(t)
Traumatic brain injury;
(u)
Ulcerative colitis;
(v)
Any other disease or condition added by the state medical board under
section 4731.302 of the Revised Code.
(7)
"State university" has the same meaning as in section
3345.011 of the Revised Code.
(8)
"Adult-use consumer" means an individual who is at least
twenty-one years of age.
(9)
"Adult-use marijuana" means marijuana that is cultivated,
processed, dispensed, or tested for, or possessed or used by, an
adult-use consumer, in accordance with this chapter. "Adult-use
marijuana" includes marijuana cultivated, processed, dispensed,
or tested for, or possessed or used by, an adult-use consumer before
the effective date of this amendment in accordance with Chapter 3780.
of the Revised Code, as that chapter existed immediately prior to the
effective date of this amendment. "Adult-use marijuana"
does not include medical marijuana or homegrown marijuana.
(10)
"Church" has the meaning defined in section 1710.01 of the
Revised Code.
(11)
"Public library" means a library provided for under Chapter
3375. of the Revised Code.
(12)
"Public park" means a park established by the state or a
political subdivision of the state, including a county, township,
municipal corporation, or park district.
(13)
"Public playground" means a playground established by the
state or a political subdivision of the state, including a county,
township, municipal corporation, or park district.
(14)
"School" means a child care center as defined under section
5104.01 of the Revised Code, a preschool as defined under section
2950.034 of the Revised Code, or a public or nonpublic primary school
or secondary school.
(15)
"Public place" has the same meaning as in section 3794.01
of the Revised Code.
(16)
"Ohio investigative unit" means the investigative unit
maintained by the department of public safety under section 5502.13
of the Revised Code.
(17)
"Homegrown marijuana" means marijuana cultivated, grown,
processed, or possessed by an adult-use consumer in accordance with
section 3796.04 of the Revised Code. "Homegrown marijuana"
includes marijuana cultivated, grown, processed, or possessed before
the effective date of this amendment under former section 3780.28 of
the Revised Code, as that section existed immediately prior to the
effective date of this amendment. "Homegrown marijuana"
does not include medical marijuana or adult-use marijuana.
(18)
"Provisional license" means a temporary license issued to
an applicant for a cultivator, processor, retail dispensary, or
laboratory license under this chapter or Chapter 3780. of the Revised
Code, as that chapter existed immediately before the effective date
of this amendment, that establishes the conditions that must be met
before the provisional license holder may engage in the activities
authorized by section 3796.18, 3796.19, 3796.20, or 3796.21 of the
Revised Code.
(19)
"Certificate of operation" means a certificate issued to
the holder of a provisional license that authorizes the recipient to
engage in the activities authorized by section 3796.18, 3796.19,
3796.20, or 3796.21 of the Revised Code.
(20)(a)
"Disqualifying offense" means, subject to divisions
(A)(20)(b) and (c) of this section, committing, attempting to commit,
or aiding and abetting another in committing any of the following:
(i)
Any offense set forth in Chapter 2925., 3719., or 4729. of the
Revised Code, the violation of which constitutes a felony or a
misdemeanor of the first degree;
(ii)
Any theft offense set forth under division (K) of section 2913.01 of
the Revised Code, the violation of which constitutes a felony;
(iii)
Any violation for which a penalty is imposed under section 3715.99 of
the Revised Code;
(iv)
A crime of moral turpitude as defined in section 4776.10 of the
Revised Code;
(v)
A violation of any former law of this state, any existing or former
law of another state, any existing or former law applicable in a
military court or Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any of the offenses listed in divisions
(A)(20)(a)(i) to (iv) of this section.
(b)
"Disqualifying offense" does not include a misdemeanor
offense respecting which an applicant for licensure or employment is
convicted of, or pleads guilty to, more than five years before the
date the application is submitted.
(c)
"Disqualifying offense" does not include any misdemeanor
offense related to marijuana possession, marijuana trafficking,
illegal cultivation of marijuana, illegal use or possession of drug
paraphernalia or marijuana drug paraphernalia, or other misdemeanor
marijuana-related offenses.
(21)
"Licensed cultivator" means the holder of a current, valid
license issued pursuant to this chapter or Chapter 3780. of the
Revised Code, as that chapter existed immediately before the
effective date of this amendment, to engage in the activities
authorized by section 3796.18 of the Revised Code.
(22)
"Licensed processor" means the holder of a current, valid
license issued pursuant to this chapter or Chapter 3780. of the
Revised Code, as that chapter existed immediately before the
effective date of this amendment, to engage in the activities
authorized by section 3796.19 of the Revised Code.
(23)
"Licensed dispensary" means the holder of a current, valid
license issued pursuant to this chapter or Chapter 3780. of the
Revised Code, as that chapter existed immediately before the
effective date of this amendment, to engage in the activities
authorized by section 3796.20 of the Revised Code.
(24)
"Licensed laboratory" means the holder of a current, valid
license issued pursuant to this chapter or Chapter 3780. of the
Revised Code, as that chapter existed immediately before the
effective date of this amendment, to engage in the activities
authorized by section 3796.21 of the Revised Code.
(25)
"License holder" means the holder of a current, valid
license issued under this chapter or Chapter 3780. of the Revised
Code, as that chapter existed immediately before the effective date
of this amendment.
(B)
As
used in the Revised Code, the "division of cannabis control"
means the division of marijuana control and the "superintendent
of cannabis control" means the superintendent of marijuana
control. Whenever the division of cannabis control or the
superintendent of cannabis control is referred to or designated in
any statute, rule, contract, grant, or other document, the reference
or designation shall be deemed to refer to the division of marijuana
control or the superintendent of marijuana control, as indicated by
context.
(C)
Notwithstanding
any conflicting provision of Chapter 3719. of the Revised Code or the
rules adopted under it, for purposes of this chapter,
medical
marijuana
is a schedule II controlled substance.
Sec.
3796.02.
There
is hereby established a division of marijuana control in the
department of commerce
under the supervision and direction of the superintendent of
marijuana control as established under section 121.04 of the Revised
Code
.
The
medical
marijuana
control program is hereby established in the division of marijuana
control. The division shall provide for the licensure of
medical
marijuana
cultivators, processors, retail dispensaries, and laboratories that
test
medical
marijuana.
The division shall also provide for the registration of patients and
their caregivers. The division shall administer the
medical
marijuana
control program.
Sec.
3796.03.
(A)
The division of marijuana control shall adopt rules establishing
standards and procedures for the
medical
marijuana
control program.
All
rules adopted under this section shall be adopted in accordance with
Chapter 119. of the Revised Code.
(B)
The rules shall do all of the following:
(1)
Establish application procedures and fees for
licenses
it issues under this chapter
licensure
;
(2)
Specify
both
of
the
following:
(a)
The
conditions
that must be met to be eligible for licensure;
(b)
In accordance with section 9.79 of the Revised Code, the criminal
offenses for which an applicant will be disqualified from licensure
pursuant to that section.
(3)
Establish, in accordance with section 3796.05 of the Revised Code,
the number of cultivator licenses
and
retail dispensary licenses
that
will be permitted at any one time;
(4)
Establish a license renewal schedule, renewal procedures, and renewal
fees;
(5)
Specify reasons for which a license may be suspended, including
without prior hearing, revoked, or not be renewed or issued and the
reasons for which a civil penalty may be imposed on a license holder;
(6)
Establish standards under which a license suspension may be lifted;
(7)
Establish procedures for registration of
medical
marijuana
patients
and caregivers and requirements that must be met to be eligible for
registration;
(8)
Establish training requirements for employees of
retail
licensed
dispensaries;
(9)
Specify
if a cultivator, processor, retail dispensary, or laboratory that is
licensed under this chapter and that existed at a location before a
school, church, public library, public playground, or public park
became established within five hundred feet of the cultivator,
processor, retail dispensary, or laboratory, may remain in operation
or shall relocate or have its license revoked by the division;
(10)
Specify, by form and tetrahydrocannabinol content, a maximum
ninety-day supply of medical marijuana that may be possessed;
(11)
(10)
Specify the paraphernalia or other accessories that may be used in
the administration
to
a registered patient
of
medical marijuana
,
adult-use marijuana, and homegrown marijuana
;
(12)
(11)
Establish procedures for the issuance of patient or caregiver
identification cards;
(13)
(12)
Specify the forms of or methods of using
adult-use
marijuana and
medical
marijuana that are attractive to children;
(14)
Specify both of the following:
(a)
Subject to division (B)(14)(b) of this section, the criminal offenses
for which a person will be disqualified from employment with a
license holder;
(b)
Which of the criminal offenses specified pursuant to division
(B)(14)(a) of this section will not disqualify a person from
employment with a license holder if the person was convicted of or
pleaded guilty to the offense more than five years before the date
the employment begins.
(15)
(13)
Establish a program to assist
medical
marijuana
patients
who are veterans or indigent in obtaining medical marijuana in
accordance with this chapter;
(16)
(14)
Establish, in accordance with section 3796.05 of the Revised Code,
standards and procedures for the testing of medical marijuana
and adult-use marijuana
by a
licensed
laboratory
licensed under this chapter
;
(15)
Establish standards and procedures for online and mobile ordering and
delivery of medical marijuana and adult-use marijuana by a licensed
dispensary or an agent of a licensed dispensary to an adult-use
consumer or registered medical marijuana patient or caregiver, as
applicable
.
(C)
In addition to the rules described in division (B) of this section,
the division may adopt any other rules it considers necessary for the
program's administration and the implementation and enforcement of
this chapter.
(D)
When adopting rules under this section, the division shall consider
standards and procedures that have been found to be best practices
relative to the use and regulation of medical marijuana
,
adult-use marijuana, and homegrown marijuana
.
Sec.
3796.04.
(A)
Notwithstanding any conflicting provision of the Revised Code, an
adult-use consumer may do all of the following:
(1)
Cultivate, grow, and possess homegrown marijuana plants at the
adult-use consumer's primary residence, if all of the following
apply:
(a)
Not more than six homegrown marijuana plants are cultivated or grown
by each adult-use consumer;
(b)
Not more than twelve homegrown marijuana plants are cultivated or
grown at a single residence;
(c)
Cultivation or growing of homegrown marijuana takes place only within
a secured closet, room, greenhouse, or other enclosed area in or on
the grounds of the residence that prevents access by individuals
under twenty-one years of age, and which is not visible by normal
unaided vision from a public space;
(d)
Cultivation or growing of homegrown marijuana does not take place at
a residence that is any of the following:
(i)
A type A family child care home or type B family child care home, as
those terms are defined in section 5104.01 of the Revised Code;
(ii)
A halfway house, community transitional housing facility, community
residential center, or other similar facility licensed by the
division of parole and community services under section 2967.14 of
the Revised Code;
(iii)
A residential premises occupied pursuant to a rental agreement that
prohibits the activities otherwise authorized by this section.
(2)
Process homegrown marijuana by manual or mechanical means.
(3)
Store homegrown marijuana and adult-use marijuana at the adult-use
consumer's primary residence.
(4)
Use homegrown marijuana grown, cultivated, and processed at the
adult-use consumer's primary residence;
(5)
Possess any paraphernalia or accessories that may be used in the
administration of adult-use marijuana or homegrown marijuana.
(B)
No person shall give, sell, or transfer homegrown marijuana to any
other person, with or without remuneration.
(C)
This section does not authorize any person to:
(1)
Cultivate, grow, or process homegrown marijuana except at the
person's primary residence;
(2)
Use, cultivate, process, transfer, or transport adult-use marijuana
or homegrown marijuana before reaching twenty-one years of age;
(3)
Process homegrown by hydrocarbon-based extraction;
(4)
Sell, or profit from, homegrown marijuana;
(5)
Cultivate, grow, or possess homegrown marijuana on behalf of another
person.
(D)
The total amount of homegrown marijuana and adult-use marijuana
possessed by an adult-use consumer shall not exceed:
(1)
Two and one-half ounces of plant material, excluding any seeds, live
plants, or clones being cultivated, grown, or processed in accordance
with this section;
(2)
Fifteen grams of extract.
(E)
Subject to divisions (B), (C), and (D) of this section, an adult-use
consumer shall not be subject to arrest or criminal prosecution for
cultivating, growing, possessing, processing, storing, or using
homegrown marijuana, or possessing paraphernalia or accessories that
may be used in the administration of adult-use or homegrown
marijuana, in accordance with division (A) of this section. An
adult-use consumer shall not be subject to arrest or criminal
prosecution for a violation of division (A)(1)(a) or (b) of this
section unless the number of homegrown marijuana plants the adult-use
consumer cultivates, grows, or possesses is more than double the
number of homegrown marijuana plants allowed under those divisions.
(F)
This section does not authorize an adult-use consumer to operate a
vehicle, streetcar, trackless trolley, watercraft, or aircraft while
under the influence of marijuana.
Sec.
3796.05.
(A)
When establishing the number of cultivator licenses that will be
permitted at any one time, the division of marijuana control shall
consider
both
all
of
the following:
(1)
The population of this state;
(2)
The number of patients seeking to use medical marijuana
;
(3)
The number of adult-use consumers seeking to use adult-use marijuana
.
(B)
When establishing the number of retail dispensary licenses that will
(B)(1)
Not more than three hundred fifty licensed dispensaries shall
be
permitted
to
operate in this state
at
any one time
,
the division shall consider all of the following:
(1)
The population of this state;
(2)
The number of patients seeking to use medical marijuana;
(3)
The geographic distribution of dispensary sites in an effort to
ensure patient access to medical marijuana
.
(2)(a)
The division may revoke a dispensary license for failure to secure a
certificate of operation within eighteen months after issuance of a
provisional license.
(b)
The holder of a provisional license may apply to the division for not
more than two six-month extensions of the deadline prescribed by
division (B)(2)(a) of this section. The division shall approve the
extension if the provisional license holder demonstrates that the
provisional license holder has made a good-faith effort to become
operational.
(3)
When issuing retail dispensary licenses, the division of marijuana
control shall ensure that the geographic distribution of dispensary
sites does not result in the oversaturation of any geographic area.
(4)
The division shall not, on or after the effective date of this
amendment, issue a retail dispensary license for, or approve the
relocation of a licensed retail dispensary to, a location or
facility:
(a)
That is within one-half mile of another licensed dispensary;
(b)
For which a permit has been issued under Chapter 4303. of the Revised
Code to sell beer and intoxicating liquor, as those terms are defined
in section 4301.01 of the Revised Code.
(C)
When establishing standards and procedures for the testing of medical
marijuana
and adult-use marijuana
,
the division shall do all of the following:
(1)
Specify when testing must be conducted;
(2)
Determine the minimum amount of medical marijuana
or adult-use marijuana
that must be tested;
(3)
Specify the manner in which testing is to be conducted in an effort
to ensure uniformity of medical marijuana products
processed
for and dispensed to patients
and adult-use marijuana products
;
(4)
Specify the manner in which test results are provided.
Sec.
3796.06.
(A)
Only the following forms of medical marijuana may be dispensed under
this chapter:
(1)
Oils;
(2)
Tinctures;
(3)
Plant material;
(4)
Edibles;
(5)
Patches;
(6)
Any other form approved by the division of marijuana control under
section 3796.061 of the Revised Code.
(B)
Only
the following forms of adult-use marijuana may be dispensed under
this chapter:
(1)
Any form in which medical marijuana may be dispensed;
(2)
Extracts;
(3)
Drops;
(4)
Lozenges;
(5)
Smoking or combustible products;
(6)
Vaporization products;
(7)
Beverages;
(8)
Pills;
(9)
Capsules;
(10)
Suppositories;
(11)
Oral pouches;
(12)
Oral strips;
(13)
Oral and topical sprays;
(14)
Salves;
(15)
Lotions or similar cosmetic products;
(16)
Inhalers;
(17)
Seeds;
(18)
Live plants;
(19)
Clones;
(20)
Pre-rolled products.
(C)
With
respect to the methods of using medical marijuana
,
adult-use marijuana, and homegrown marijuana
,
all of the following apply:
(1)
The smoking or combustion of medical marijuana is prohibited.
(2)
The
smoking,
combustion, and vaporization of adult-use marijuana and homegrown
marijuana, and the
vaporization
of medical marijuana
,
is permitted
only on privately owned real property that is used primarily for
residential or agricultural purposes, including any dwellings,
facilities, improvements, and appurtenances on such real property.
(3)
No person shall smoke, combust, or vaporize marijuana in any of the
following:
(a)
A type A family child care home or type B family child care home, as
those terms are defined in section 5104.01 of the Revised Code;
(b)
A halfway house, community transitional housing facility, community
residential center, or other similar facility licensed by the
division of parole and community services under section 2967.14 of
the Revised Code;
(c)
A residential premises occupied pursuant to a rental agreement that
prohibits smoking, combustion, or vaporization of marijuana;
(d)
A public place or place of employment, as those terms are defined in
section 3794.01 of the Revised Code
.
(3)
The division may approve additional methods of using medical
marijuana, other than smoking or combustion, under section 3796.061
of the Revised Code.
(C)
(D)(1)
Any
form or method
of
using adult-use marijuana or medical marijuana
that
is considered attractive to children, as specified in rules adopted
by the division, is prohibited.
(2)
Adult-use marijuana and medical marijuana shall not be dispensed or
sold in a form or shape that bears the likeness or contains the
characteristics of a realistic or fictional human, animal, or fruit,
including artistic, caricature, or cartoon renderings.
(D)
With respect to tetrahydrocannabinol content, all of the following
apply:
(1)
Plant material shall have a
(E)(1)
The
tetrahydrocannabinol
content of
medical
marijuana dispensed or sold to patients or caregivers shall
not
more
than thirty-five
exceed:
(a)
Thirty-five
per
cent
for plant material;
(b)
Seventy per cent for extracts
.
(2)
Extracts
shall have a
The
tetrahydrocannabinol
content of
adult-use marijuana dispensed or sold to adult-use consumers shall
not
more
than seventy
exceed:
(a)
Thirty-five
per
cent
for plant material;
(b)
Seventy per cent for extracts
.
(F)
No person shall knowingly give, sell, or distribute adult-use
marijuana or homegrown marijuana to a person under twenty-one years
of age.
(G)
No person under the age of twenty one shall knowingly purchase, use,
or possess adult-use marijuana or homegrown marijuana.
Sec.
3796.062.
(A)
No person shall transport marijuana other than adult-use marijuana,
medical marijuana, or homegrown marijuana in a motor vehicle.
(B)
No person shall transport adult-use marijuana or medical marijuana in
a motor vehicle unless either or both of the following apply:
(1)
The adult-use marijuana or medical marijuana is in the original,
unopened packaging in which it was dispensed or sold;
(2)
The adult-use marijuana or medical marijuana is stored in the trunk
of the motor vehicle or, if the motor vehicle does not have a trunk,
behind the last upright seat of the motor vehicle or in an area not
normally occupied by the driver or passengers and not easily
accessible by the driver.
(C)
No person shall transport homegrown marijuana in a motor vehicle
unless the homegrown marijuana is stored in the trunk of the motor
vehicle or, if the motor vehicle does not have a trunk, behind the
last upright seat of the motor vehicle or in an area not normally
occupied by the driver or passengers and not easily accessible by the
driver.
(D)
No person shall transport marijuana paraphernalia in a motor vehicle
unless either or both of the following apply:
(1)
The marijuana paraphernalia is in the original, unopened packaging in
which it was dispensed or sold;
(2)
The marijuana paraphernalia is stored in the trunk of the motor
vehicle or, if the motor vehicle does not have a trunk, behind the
last upright seat of the motor vehicle or in an area not normally
occupied by the driver or passengers and not easily accessible by the
driver.
Sec.
3796.07.
The
department
of commerce
division
of marijuana control
shall
establish and maintain an electronic database to monitor medical
marijuana from its seed source through its cultivation, processing,
testing, and dispensing. The
department
division
may
contract with a separate entity to establish and maintain all or any
part of the electronic database on behalf of the department.
The
electronic database shall allow for information regarding medical
marijuana to be updated instantaneously.
Any
cultivator, processor, retail dispensary, or laboratory licensed
under this chapter
A
license holder
shall
submit to the
department
division
any
information the
department
division
determines
is necessary for maintaining the electronic database.
Information
reported or collected under this section, including all data
contained in the electronic database, is confidential and is not a
public record for the purposes of section 149.43 of the Revised Code.
The
department
division
and
any entity under contract with the
department
division
shall
not make public any information reported to or collected by the
department
division
under
this
division
section
that
identifies or would tend to identify any specific patient.
Information or data that does not identify a specific patient may be
released in summary, statistical, or aggregate form.
Sec.
3796.09.
(A)
An entity that seeks to cultivate
or
,
process
medical marijuana
,
or
to
conduct
laboratory testing of medical marijuana
and
adult-use marijuana
shall
file an application for licensure with the
department
division
of
commerce
marijuana
control
.
The entity shall file an application for each location from which it
seeks to operate. Each application shall be submitted in accordance
with rules adopted under section 3796.03 of the Revised Code.
(B)
The
division shall evaluate and prioritize applications for licensure
under this section according to the applicant's eligibility,
suitability, and ability to operate.
(C)
The
department
division
shall
not
issue
a license to an applicant
if
unless
all
of the following
conditions
eligibility
requirements
are
met:
(1)
The report of the criminal records check conducted pursuant to
section 3796.12 of the Revised Code with respect to the application
demonstrates that the person subject to the criminal records check
requirement has not been convicted of or pleaded guilty to
any
of the
a
disqualifying
offenses
specified in rules adopted under section 9.79 and division (B)(2)(b)
of section 3796.03 of the Revised Code
offense
.
(2)
The
If
the application is for a cultivator or processor license, the
applicant
demonstrates that
it
does not
none
of its current or prospective owners, officers, board members,
administrators, employees, agents, or affiliates who may
significantly influence or control the applicant's activities
have
an ownership or investment interest in or compensation arrangement
with
any
either
of
the following:
(a)
A
licensed
laboratory
licensed under this chapter
;
(b)
An applicant for a license to conduct laboratory testing.
(3)
The
If
the application is for a cultivator or processor license, the
applicant
demonstrates that
it
does not
none
of its current or prospective owners, officers, board members,
administrators, employees, agents, or affiliates who may
significantly influence or control the applicant's activities
share
any corporate officers or employees with
any
either
of
the following:
(a)
A
licensed
laboratory
licensed under this chapter
;
(b)
An applicant for a license to conduct laboratory testing.
(4)
The applicant demonstrates that it will not be located within five
hundred feet of a school, church, public library, public playground,
or public park.
(5)
The information provided to the
department
division
pursuant
to section 3796.11 of the Revised Code demonstrates that the
applicant is in compliance with the applicable tax laws of this
state.
(6)
The
applicant demonstrates sufficient liquid capital and ability to meet
financial responsibility requirements;
(7)
The applicant demonstrates that the municipal corporation or township
in which it will be located has not passed a moratorium or taken any
other action that would prohibit the applicant from operating there;
(8)
The application does not contain false, misleading, or deceptive
information and does not omit material information;
(9)
The applicant pays any fee required by the division;
(10)
The
applicant meets all other licensure eligibility conditions
established in rules adopted under section 3796.03 of the Revised
Code.
(C)
(D)
If the number of eligible applicants exceed the number of available
licenses, the division shall use an impartial and evidence-based
process to rank the eligible applicants. The ranking process shall
take into account all of the following:
(1)
The applicant's business plan;
(2)
The applicant's operations plan;
(3)
The applicant's security plan;
(4)
The applicant's financial plan;
(5)
The applicant's principal place of business;
(6)
The proposed location of the cultivation, processing, or laboratory
facility;
(7)
The applicant's plan for generating job and economic development in
this state;
(8)
The applicant's environmental plan;
(9)
Employment practices, including any plans to inform, hire, or educate
residents of the state, veterans, disabled persons, women, or
minorities;
(10)
The criminal records of all persons subject to the criminal records
check requirement;
(11)
The civil and administrative history of the applicant and persons
associated with the applicant;
(12)
Any other eligibility, suitability, or operations-based determination
specified in this chapter or rules adopted by the division
thereunder.
(E)(1)
If the division uses a lottery system to issue licenses under this
section, the applicants shall be grouped into the following distinct
categories:
(a)
Highly exceeds;
(b)
Exceeds;
(c)
Meets;
(d)
Does not meet.
(2)
The division shall group the applicants such that the number of
applicants in each of the highly exceeds, exceeds, and meets
categories is roughly equal, unless doing so is not possible while
conforming to an impartial and evidence-based process. Applicants
that do not meet the eligibility requirements prescribed by division
(C) of this section shall be placed in the does not meet category.
(3)
In conducting the lottery, the division shall give applicants in the
exceeds category double odds of being selected as compared to
applicants in the meets category. The division shall give applicants
in the highly exceeds category double the odds of being selected as
compared to applicants in the exceeds category. An applicant grouped
in the does not meet category is ineligible for licensure.
(F)
The
department
division
shall
issue not less than fifteen per cent of cultivator, processor, or
laboratory licenses to entities that are owned and controlled by
United States citizens who are residents of this state and are
members of one of the following economically disadvantaged groups:
Blacks or African Americans, American Indians, Hispanics or Latinos,
and Asians. If no applications or an insufficient number of
applications are submitted by such entities that meet the conditions
set forth in division (B) of this section, the licenses shall be
issued according to usual procedures.
As
used in this division, "owned and controlled" means that at
least fifty-one per cent of the business, including corporate stock
if a corporation, is owned by persons who belong to one or more of
the groups set forth in this division, and that those owners have
control over the management and day-to-day operations of the business
and an interest in the capital, assets, and profits and losses of the
business proportionate to their percentage of ownership.
(D)
(G)
A
license expires according to the renewal schedule established in
rules adopted under section 3796.03 of the Revised Code and may be
renewed in accordance with the procedures established in those rules.
Applications for renewal are not subject to the evaluation,
prioritization, ranking, and lottery provisions in divisions (B),
(D), and (E) of this section. The division shall not deny an
application for renewal based solely on the location of the
applicant's existing facility in proximity to other license holders.
(H)
A provisional license issued under this section is not transferable.
Sec.
3796.10.
(A)
An entity that seeks to dispense at retail medical marijuana
and
adult-use marijuana
shall
file an application for licensure with the division of marijuana
control. The entity shall file an application for each location from
which it seeks to operate. Each application shall be submitted in
accordance with rules adopted under section 3796.03 of the Revised
Code.
(B)
The
division shall evaluate and prioritize applications for licensure
under this section according to the applicant's eligibility,
suitability, and ability to operate.
(C)
The
division shall
not
issue
a license to an applicant
if
unless
all
of the following conditions are met:
(1)
The report of the criminal records check conducted pursuant to
section 3796.12 of the Revised Code with respect to the application
demonstrates that the person subject to the criminal records check
requirement has not been convicted of or pleaded guilty to
any
of the
a
disqualifying
offenses
specified in rules adopted under section 9.79 and division (B)(2)(b)
of section 3796.03 of the Revised Code
offense
.
(2)
The applicant demonstrates that
it
does not
none
of its current or prospective owners, officers, board members,
administrators, employees, agents, or affiliates who may
significantly influence or control the applicant's activities
have
an ownership or investment interest in or compensation arrangement
with
any
either
of
the following:
(a)
A
licensed
laboratory
licensed
under this chapter
;
(b)
An applicant for a license to conduct laboratory testing.
(3)
The applicant demonstrates that
it
does not
none
of its current or prospective owners, officers, board members,
administrators, employees, agents, or affiliates who may
significantly influence or control the applicant's activities
share
any corporate officers or employees with
any
either
of
the following:
(a)
A
licensed
laboratory
licensed
under this chapter
;
(b)
An applicant for a license to conduct laboratory testing.
(4)
The applicant demonstrates that it will not be located within five
hundred feet of a school, church, public library, public playground,
or public park.
(5)
The
applicant demonstrates that the proposed location or facility is not
either of the following:
(a)
Located within one-half mile of another licensed dispensary;
(b)
Issued a permit under Chapter 4303. of the Revised Code to sell beer
and intoxicating liquor, as those terms are defined in section
4301.01 of the Revised Code.
(6)
The
information provided to the division pursuant to section 3796.11 of
the Revised Code demonstrates that the applicant is in compliance
with the applicable tax laws of this state.
(6)
(7)
The applicant demonstrates sufficient liquid capital and ability to
meet financial responsibility requirements;
(8)
The applicant demonstrates that the municipal corporation or township
in which it will be located has not passed a moratorium or taken any
other action that would prohibit the applicant from operating there;
(9)
The application does not contain false, misleading, or deceptive
information and does not omit material information;
(10)
The applicant pays any fee required by the division;
(11)
The
applicant meets all other licensure eligibility conditions
established in rules adopted under section 3796.03 of the Revised
Code.
(C)
(D)
If the number of eligible applicants exceed the number of available
licenses, the division shall use an impartial and evidence-based
process to rank the eligible applicants. The ranking process shall
take into account all of the following:
(1)
The applicant's business plan;
(2)
The applicant's operations plan;
(3)
The applicant's security plan;
(4)
The applicant's financial plan;
(5)
The applicant's principal place of business;
(6)
The proposed location of the cultivation, processing, or laboratory
facility;
(7)
The applicant's plan for generating job and economic development in
this state;
(8)
The applicant's environmental plan;
(9)
Employment practices, including any plans to inform, hire, or educate
residents of the state, veterans, disabled persons, women, or
minorities;
(10)
The criminal records of all persons subject to the criminal records
check requirement;
(11)
The civil and administrative history of the applicant and persons
associated with the applicant;
(12)
Any other eligibility, suitability, or operations-based determination
specified in this chapter or rules adopted by the division
thereunder.
(E)(1)
If the division uses a lottery system to issue licenses under this
section, the applicants shall be grouped into the following distinct
categories:
(a)
Highly exceeds;
(b)
Exceeds;
(c)
Meets;
(d)
Does not meet.
(2)
The division shall group the applicants such that the number of
applicants in each of the highly exceeds, exceeds, and meets
categories is roughly equal, unless doing so is not possible while
conforming to an impartial and evidence-based process. Applicants
that do not meet the eligibility requirements prescribed by division
(C) of this section shall be placed in the does not meet category.
(3)
In conducting the lottery, the division shall give applicants in the
exceeds category double the odds of being selected as compared to
applicants in the meets category. The division shall give applicants
in the highly exceeds category double the odds of being selected as
compared to applicants in the exceeds category. An applicant grouped
in the does not meet category is ineligible for licensure.
(F)
The
division shall issue not less than fifteen per cent of retail
dispensary licenses to entities that are owned and controlled by
United States citizens who are residents of this state and are
members of one of the following economically disadvantaged groups:
Blacks or African Americans, American Indians, Hispanics or Latinos,
and Asians. If no applications or an insufficient number of
applications are submitted by such entities that meet the conditions
set forth in division (B) of this section, the licenses shall be
issued according to usual procedures.
As
used in this division, "owned and controlled" means that at
least fifty-one per cent of the business, including corporate stock
if a corporation, is owned by persons who belong to one or more of
the groups set forth in this division, and that those owners have
control over the management and day-to-day operations of the business
and an interest in the capital, assets, and profits and losses of the
business proportionate to their percentage of ownership.
(D)
(G)
A
license expires according to the renewal schedule established in
rules adopted under section 3796.03 of the Revised Code and may be
renewed in accordance with the procedures established in those rules.
Applications for renewal are not subject to the evaluation,
prioritization, ranking, and lottery provisions in divisions (B),
(D), and (E) of this section. The division shall not deny an
application for renewal based solely on the location of the
applicant's existing dispensary facility in proximity to other
license holders.
(H)
A provisional license issued under this section is not transferable.
Sec.
3796.12.
(A)
As used in this section, "criminal records check" has the
same meaning as in section 109.572 of the Revised Code.
(B)(1)
As part of the application process for a license issued under this
chapter, the division of marijuana control shall require each of the
following to complete a criminal records check:
(a)
An administrator or other person responsible for the daily operation
of the entity seeking the license;
(b)
An owner or prospective owner, officer or prospective officer, or
board member or prospective board member of the entity seeking the
license.
(2)
If a person subject to the criminal records check requirement does
not present proof of having been a resident of this state for the
five-year period immediately prior to the date the criminal records
check is requested or provide evidence that within that five-year
period the superintendent of the bureau of criminal identification
and investigation has requested information about the person from the
federal bureau of investigation in a criminal records check, the
division shall request that the person obtain through the
superintendent a criminal records request from the federal bureau of
investigation as part of the criminal records check of the person.
Even if a person presents proof of having been a resident of this
state for the five-year period, the division may request that the
person obtain information through the superintendent from the federal
bureau of investigation in the criminal records check.
(C)
The division shall provide the following to each person who is
subject to the criminal records check requirement:
(1)
Information about accessing, completing, and forwarding to the
superintendent of the bureau of criminal identification and
investigation the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and the standard impression sheet
to obtain fingerprint impressions prescribed pursuant to division
(C)(2) of that section;
(2)
Written notification that the person is to instruct the
superintendent to submit the completed report of the criminal records
check directly to the division.
(D)
Each person who is subject to the criminal records check requirement
shall pay to the bureau of criminal identification and investigation
the fee prescribed pursuant to division (C)(3) of section 109.572 of
the Revised Code for the criminal records check conducted of the
person.
(E)
The report of any criminal records check conducted by the bureau of
criminal identification and investigation in accordance with section
109.572 of the Revised Code and pursuant to a request made under this
section is not a public record for the purposes of section 149.43 of
the Revised Code and shall not be made available to any person other
than the following:
(1)
The person who is the subject of the criminal records check or the
person's representative;
(2)
The members and staff of the division;
(3)
A court, hearing officer, or other necessary individual involved in a
case dealing with either of the following:
(a)
A license denial resulting from the criminal records check;
(b)
A civil or criminal action regarding the
medical
marijuana
control program or any violation of this chapter.
(F)
The division shall deny a license if, after receiving the information
and notification required by this section, a person subject to the
criminal records check requirement fails to do either of the
following:
(1)
Access, complete, or forward to the superintendent of the bureau of
criminal identification and investigation the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code or
the standard impression sheet prescribed pursuant to division (C)(2)
of that section;
(2)
Instruct the superintendent to submit the completed report of the
criminal records check directly to the division.
Sec.
3796.13.
(A)
Each
person seeking employment with
an
entity licensed under this chapter
a
license holder
shall
comply with sections 4776.01 to 4776.04 of the Revised Code. Except
as provided in division (B) of this section, such an entity shall not
employ the person unless the person has submitted a criminal records
check under those sections. The
license
holder shall not employ the person unless the
report
of the resulting criminal records check
shall
demonstrate
demonstrates
that
the person has not been convicted of or pleaded guilty to any
of
the
disqualifying
offenses
specified in rules adopted under division (B)(14)(a) of section
3796.03 of the Revised Code if the person is seeking employment with
an entity licensed by the division of marijuana control under this
chapter
offense
.
(B)
An entity is not prohibited by division (A) of this section from
employing a person if the disqualifying offense the person was
convicted of or pleaded guilty to is one of the offenses specified in
rules adopted under division (B)(14)(b) of section 3796.03 of the
Revised Code and the person was convicted of or pleaded guilty to the
offense more than five years before the date the employment begins.
Sec.
3796.14.
(A)
The division of marijuana control may do any of the following for any
reason specified in rules adopted under section 3796.03 of the
Revised Code:
(1)
Suspend, suspend without prior hearing, revoke, or refuse to renew a
license
or
registration
it
issued under this chapter or
a
license or a registration the state board of pharmacy issued prior to
the transfer of regulatory authority over the medical marijuana
control program to the division
Chapter
3780. of the Revised Code, as that chapter existed immediately before
the effective date of this amendment
;
(2)
Refuse to issue a license;
(3)
Impose on a license holder a civil penalty in an amount to be
determined by the division.
(4)
With
respect to a suspension of a retail dispensary license without prior
hearing, the division may utilize a telephone conference call to
review the allegations and take a vote.
The
division shall suspend a
dispensary
license
without prior hearing only if it finds clear and convincing evidence
that continued distribution of medical marijuana
and adult-use marijuana
by the license holder presents a danger of immediate and serious harm
to others. The suspension shall remain in effect, unless lifted by
the division, until the division issues its final adjudication order.
If the division does not issue the order within ninety days after the
adjudication hearing, the suspension shall be lifted on the
ninety-first day following the hearing.
The
division's actions under division (A) of this section shall be taken
in accordance with Chapter 119. of the Revised Code.
(B)
The
Subject
to division (E) of this section, the
division
and
the Ohio investigative unit
may
inspect all of the following for any reason specified in rules
adopted under section 3796.03 of the Revised Code without prior
notice to the applicant or license holder:
(1)
The premises of
a
license holder or
an
applicant for licensure
or
holder of a current, valid cultivator, processor, retail dispensary,
or laboratory license issued
under
this chapter;
(2)
All records maintained pursuant to this chapter by a
license
holder
of a current license
.
(C)
Whenever it appears to the division, from its files, upon complaint,
or otherwise,
or
to the Ohio investigative unit, from an inspection or investigation
authorized by this section,
that
any person or entity has engaged in, is engaged in, or is about to
engage in any practice declared to be illegal or prohibited by this
chapter or the rules adopted under this chapter, or when the division
believes it to be in the best interest of the public
,
adult-use consumers,
or
medical
marijuana
patients,
the division may do any of the following:
(1)
Investigate the person or entity as authorized pursuant to this
chapter or the rules adopted under this chapter;
(2)
Issue subpoenas to any person or entity for the purpose of compelling
either of the following:
(a)
The attendance and testimony of witnesses;
(b)
The production of books, accounts, papers, records, or documents.
(D)
If a person or entity fails to comply with any order of the division
or the unit
or a subpoena issued by the division
or
the unit
pursuant
to this section, a judge of the court of common pleas of the county
in which the person resides or the entity may be served, on
application of the division
or the unit
,
shall compel obedience by attachment proceedings as for contempt, as
in the case of disobedience with respect to the requirements of a
subpoena issued from such court or a refusal to testify in such
court.
(E)
The Ohio investigative unit shall not inspect or investigate the
premises of any person under this section unless one or both of the
following apply:
(1)
The person inspected or investigated is a license holder.
(2)
The unit is invited by local law enforcement having jurisdiction over
the person inspected or investigated.
Sec.
3796.15.
(A)
The division of marijuana control
and
the Ohio investigative unit
shall
enforce this chapter, or cause it to be enforced.
If
Subject
to division (E) of section 3796.14 of the Revised Code, if
the
division
or
the unit
has
information that this chapter or any rule adopted under this chapter
has been violated, it shall investigate the matter and take any
action as it considers appropriate.
(B)
Nothing
in this chapter shall be construed to require the division to enforce
minor violations if the division determines that the public interest
is adequately served by a notice or warning to the alleged offender.
(C)
If
the division suspends, revokes, or refuses to renew any license or
registration issued under this chapter
or
Chapter 3780. of the Revised Code, as that chapter existed
immediately before the effective date of this amendment,
and
determines that there is clear and convincing evidence of a danger of
immediate and serious harm to any person, the division may place
under seal all medical marijuana
,
adult-use marijuana, and homegrown marijuana
owned by or in the possession, custody, or control of the affected
license holder or registrant. Except as provided in this division,
the division of marijuana control shall not dispose of the medical
marijuana
,
adult-use marijuana, or homegrown marijuana
sealed under this division until the license holder or registrant
exhausts all of the holder's or registrant's appeal rights under
Chapter 119. of the Revised Code. The court involved in such an
appeal may order the division, during the pendency of the appeal, to
sell medical marijuana
or adult-use marijuana
that is perishable. The division shall deposit the proceeds of the
sale with the court.
Sec.
3796.17.
The
division of marijuana control shall establish a toll-free telephone
line to respond to inquiries from
adult-use
consumers, medical marijuana
patients,
caregivers, and health professionals regarding adverse reactions to
medical
marijuana
and to provide information about available services and assistance.
The division may contract with a separate entity to establish and
maintain the telephone line on behalf of the division.
Sec.
3796.18.
(A)
(A)(1)
Notwithstanding any conflicting provision of the Revised Code and
except as provided in division (B) of this section,
a
licensed cultivator, including
the
holder of a current, valid cultivator license issued under this
chapter
before
the effective date of this amendment,
may
do
either
any
of
the following:
(1)
(a)
Cultivate
medical marijuana
and adult-use marijuana
;
(2)
(b)
Deliver
or sell medical marijuana
and adult-use marijuana
to
one
or more licensed processors
other
license holders;
(c)
Acquire seeds, clones, plants, and other genetic material
.
(2)
A licensed cultivator engaging in the activities authorized by this
chapter shall do so respecting both medical marijuana and adult-use
marijuana.
(B)
A
licensed
cultivator
license
holder
shall
not cultivate medical marijuana
or adult-use marijuana
for personal, family, or household use or on any public land,
including a state park as defined in section 154.01 of the Revised
Code.
(C)
A licensed cultivator shall identify, package, and label all medical
marijuana and adult-use marijuana products in accordance with this
chapter and any rules adopted thereunder before delivering or selling
the products to a licensed processor or licensed dispensary.
(D)
The division of marijuana control shall issue the following types of
cultivation licenses:
(1)
A level I cultivator license that authorizes the license holder to
operate a cultivation area specified by the division, not to exceed
one hundred thousand square feet;
(2)
A level II cultivator license that authorizes the license holder to
operate a cultivation area specified by the division, not to exceed
fifteen thousand square feet.
(E)
A licensed cultivator may request and receive one or more expansions
to the cultivator's cultivation area, subject to the approval of the
division, so long as the resulting total cultivation area, including
all expansions, does not exceed the applicable maximum cultivation
area prescribed by division (D) of this section.
Sec.
3796.19.
(A)
(A)(1)
Notwithstanding any conflicting provision of the Revised Code,
a
licensed processor, including
the
holder of a current, valid processor license issued under this
chapter
before
the effective date of this amendment,
may
do any of the following:
(1)
(a)
Obtain
medical marijuana
and adult-use marijuana
from
one
or more licensed cultivators
other
license holders
;
(2)
(b)
Subject
to division (B) of this section, process medical marijuana
obtained from one or more licensed cultivators
and
adult-use marijuana
into
a form described in section 3796.06 of the Revised Code;
(3)
(c)
Deliver
,
transfer,
or sell processed medical marijuana
and adult-use marijuana
to
one
or more licensed retail dispensaries
other
license holders
.
(2)
A licensed processor engaging in the activities authorized by this
chapter shall do so respecting both medical marijuana and adult-use
marijuana.
(B)
When
processing medical marijuana, a
A
licensed
processor shall do
both
all
of
the following
before delivering or selling medical marijuana or adult-use marijuana
to a licensed retail dispensary
:
(1)
Package the medical marijuana
or adult-use marijuana
in accordance with child-resistant effectiveness standards described
in 16 C.F.R. 1700.15(b) on September 8, 2016;
(2)
Label the
medical
marijuana
packaging
with the product's tetrahydrocannabinol and cannabidiol content;
(3)
Comply with any packaging or labeling requirements established in
rules adopted by the division of marijuana control under
section
sections
3796.03
and 3796.32
of the Revised Code.
Sec.
3796.20.
(A)
(A)(1)
Notwithstanding any conflicting provision of the Revised Code,
a
licensed dispensary, including
the
holder of a current, valid retail dispensary license issued under
this chapter
,
or previously issued by the state board of pharmacy,
before
the effective date of this amendment,
may
do
both
any
of
the following:
(1)
(a)
Obtain
medical marijuana
and adult-use marijuana
from
one
or more processors
other
license holders
;
(2)
(b)
Dispense
or sell medical marijuana in accordance with division (B) of this
section
;
(c)
Dispense or sell adult-use marijuana in accordance with division (C)
of this section;
(d)
Sell paraphernalia that may be used in the administration of
adult-use marijuana or medical marijuana as specified in rules
adopted under section 3796.03 of the Revised Code;
(e)
Provide delivery of adult-use marijuana and medical marijuana in
accordance with the rules adopted under section 3796.03 of the
Revised Code
.
(2)
A licensed dispensary engaged in the activities authorized by this
chapter shall do so respecting both medical marijuana and adult-use
marijuana.
(B)
When dispensing or selling medical marijuana, a licensed
retail
dispensary
shall do all of the following:
(1)
Dispense or sell only upon a showing of a current, valid
,
government-issued
identification card and in accordance with a written recommendation
issued by a physician holding a certificate to recommend issued by
the state medical board under section 4731.30 of the Revised Code;
(2)
Report to the drug database the information required by section
4729.771 of the Revised Code;
(3)
Label the package containing medical marijuana with the following
information:
(a)
The name and address of the licensed processor and retail dispensary;
(b)
The name of the patient and caregiver, if any;
(c)
The name of the physician who recommended treatment with medical
marijuana;
(d)
The directions for use, if any, as recommended by the physician;
(e)
The date on which the medical marijuana was dispensed;
(f)
The quantity, strength, kind, or form of medical marijuana contained
in the package.
(4)
Maintain an adequate supply of medical marijuana products to meet
typical patient demand for those products.
(C)
When
dispensing or selling adult-use marijuana, a licensed retail
dispensary shall do all of the following:
(1)
Dispense or sell adult-use marijuana only to adult-use consumers who
present a current, valid, government-issued identification card
demonstrating proof that the adult-use consumer is twenty-one years
of age or older;
(2)
Dispense or sell not more than the amount of adult-use marijuana that
may be legally possessed by an adult-use consumer under section
3796.221 of the Revised Code to the same adult-use consumer in the
same day;
(3)
Ensure that the label of the package containing adult-use marijuana
contains all of the following information, in accordance with rules
adopted by the division of cannabis control:
(a)
The name and address of the licensed processor and retail dispensary;
(b)
A statement that the use of adult-use marijuana by individuals under
twenty-one years of age is both harmful and illegal;
(c)
The quantity, strength, kind, or form of adult-use marijuana
contained in the package.
(D)
When
operating a licensed retail dispensary,
both
all
of
the following apply:
(1)
A
licensed
dispensary shall use only employees who have met the training
requirements established in rules adopted under section 3796.03 of
the Revised Code.
(2)
A
licensed
dispensary
shall not make public any information it collects that identifies or
would tend to identify any specific
medical
marijuana
patient
or adult-use consumer
.
(3)
A dispensary shall prominently display both of the following:
(a)
A statement that the use of adult-use or homegrown marijuana by
individuals under twenty-one years of age is both harmful and
illegal;
(b)
Information about the addictive qualities of marijuana and the
potential negative health consequences associated with its use.
Sec.
3796.21.
(A)
Notwithstanding any conflicting provision of the Revised Code,
a licensed laboratory, including
the holder of a current, valid laboratory license issued under this
chapter
may
before
the effective date of this amendment, shall
do
both of the following:
(1)
Obtain medical marijuana
and adult-use marijuana
from one or more
licensed
cultivators,
licensed
processors,
and
retail
licensed
dispensaries
licensed under this chapter
;
(2)
Conduct
medical
marijuana
testing
in the manner specified in rules adopted under section 3796.03 of the
Revised Code.
(B)
When testing medical marijuana
or adult-use marijuana
,
a licensed laboratory shall do both of the following:
(1)
Test
the
marijuana
for
potency, homogeneity, and contamination;
(2)
Prepare a report of the test results.
Sec.
3796.22.
(A)
Notwithstanding any conflicting provision of the Revised Code, a
patient registered under this chapter who obtains medical marijuana
from a
retail
licensed
dispensary
licensed
under
in
accordance with
this
chapter may do
both
all
of
the following:
(1)
Use medical marijuana;
(2)
Possess medical marijuana, subject to division (B) of this section;
(3)
Possess any paraphernalia or accessories
that
may be used in the administration of medical marijuana, as
specified
in rules adopted under section 3796.03 of the Revised Code.
(B)
The amount of medical marijuana possessed by a registered patient
shall not exceed a ninety-day supply, as specified in rules adopted
under section 3796.03 of the Revised Code.
(C)
A registered patient shall not be subject to arrest or criminal
prosecution for doing
any
either
of
the following in accordance with this chapter:
(1)
Obtaining, using, or possessing medical marijuana;
(2)
Possessing any paraphernalia or accessories
that
may be used in the administration of medical marijuana, as
specified
in rules adopted under section 3796.03 of the Revised Code.
(D)
This section does not authorize a registered patient to operate a
vehicle, streetcar, trackless trolley, watercraft, or aircraft while
under the influence of
medical
marijuana.
Sec.
3796.221.
(A)
Notwithstanding any conflicting provision of the Revised Code, an
adult-use consumer who obtains adult-use marijuana from a licensed
dispensary may do all of the following:
(1)
Use adult-use marijuana;
(2)
Possess adult-use marijuana, subject to division (B) of this section;
(3)
Possess any paraphernalia or accessories that may be used in the
administration of adult-use marijuana as specified in rules adopted
under section 3796.03 of the Revised Code.
(B)
The amount of adult-use marijuana possessed by an adult-use consumer
shall not exceed:
(1)
Two and one-half ounces of plant material;
(2)
Fifteen grams of extract.
(C)
Subject to division (B) of this section, an adult-use consumer is not
subject to arrest or criminal prosecution for engaging in any of the
activities described in division (A) of this section.
(D)
This section does not authorize an adult-use consumer to operate a
vehicle, streetcar, trackless trolley, watercraft, or aircraft while
under the influence of marijuana.
Sec.
3796.23.
(A)
Notwithstanding any conflicting provision of the Revised Code, a
caregiver registered under this chapter who obtains medical marijuana
from a
retail
licensed
dispensary
licensed
under this chapter
may
do
both
any
of
the following:
(1)
Possess medical marijuana on behalf of a registered patient under the
caregiver's care, subject to division (B) of this section;
(2)
Assist a registered patient under the caregiver's care in the use or
administration of medical marijuana;
(3)
Possess any paraphernalia or accessories specified in rules adopted
under section 3796.03 of the Revised Code.
(B)
The amount of medical marijuana possessed by a registered caregiver
on behalf of a registered patient shall not exceed a ninety-day
supply, as specified in rules adopted under section 3796.03 of the
Revised Code. If a caregiver provides care to more than one
registered patient, the caregiver shall maintain separate inventories
of medical marijuana for each patient.
(C)
A registered caregiver shall not be subject to arrest or criminal
prosecution for doing any of following in accordance with this
chapter:
(1)
Obtaining or possessing medical marijuana on behalf of a registered
patient;
(2)
Assisting a registered patient in the use or administration of
medical marijuana;
(3)
Possessing any paraphernalia or accessories specified in rules
adopted under section 3796.03 of the Revised Code.
(D)
This section does not permit a registered caregiver to personally use
medical marijuana, unless the caregiver is also a registered patient.
Sec.
3796.24.
(A)
The holder of a license, as defined in section 4776.01 of the Revised
Code, is not subject to professional disciplinary action solely for
engaging in professional or occupational activities related to
medical marijuana
or adult-use marijuana
.
(B)
Unless there is clear and convincing evidence that a child is unsafe,
the use, possession, or administration of medical marijuana
,
adult-use marijuana, or homegrown marijuana
in accordance with this chapter shall not be the sole or primary
basis for any of the following:
(1)
An adjudication under section 2151.28 of the Revised Code determining
that a child is an abused, neglected, or dependent child;
(2)
An allocation of parental rights and responsibilities under section
3109.04 of the Revised Code;
(3)
A parenting time order under section 3109.051 or 3109.12 of the
Revised Code.
(C)
Notwithstanding any conflicting provision of the Revised Code, the
use or possession of medical marijuana
,
adult-use marijuana, or homegrown marijuana
in accordance with this chapter shall not be used as a reason for
disqualifying a patient from medical care or from including a patient
on a transplant waiting list.
(D)
Notwithstanding any conflicting provision of the Revised Code, the
use, possession, administration, cultivation, processing, testing, or
dispensing of medical marijuana
,
adult-use marijuana, or homegrown marijuana
in accordance with this chapter shall not be used as the sole or
primary reason for taking action under any criminal or civil statute
in the forfeiture or seizure of any property or asset.
(E)
Notwithstanding any conflicting provision of the Revised Code,
a
person's status as a registered patient or caregiver
engaging
in activity authorized by this chapter
is
not a sufficient basis for conducting a field sobriety test on the
person or for suspending the person's driver's license. To conduct
any field sobriety test, a law enforcement officer must have an
independent, factual basis giving reasonable suspicion that the
person is operating a vehicle under the influence of marijuana or
with a prohibited concentration of marijuana in the person's whole
blood, blood serum, plasma, breath, or urine.
(F)
Notwithstanding any conflicting provision of the Revised Code, a
person's status as a registered patient or caregiver
,
or a an adult-use consumer's engagement in activities authorized by
this chapter,
shall not be used as the sole or primary basis for rejecting the
person as a tenant unless the rejection is required by federal law.
This division does not prohibit a landlord from prohibiting the
consumption of marijuana in a residential premises or common areas by
smoking, combustion, or vaporization, as long as such prohibition is
included in the applicable lease agreement.
(G)
Except as otherwise provided in section 3796.28 of the Revised Code,
the use or possession of medical marijuana, adult-use marijuana, or
homegrown marijuana in accordance with this chapter shall not be used
as a reason for disqualifying an individual from a public benefit
program administered by any state or local authority, or for
otherwise denying an individual a public benefit administered by the
state or any local government.
(H)
This chapter does not do any of the following:
(1)
Require a physician to recommend that a patient use medical marijuana
to treat a qualifying medical condition;
(2)
Permit the use, possession, or administration of medical marijuana
,
adult-use marijuana, or homegrown marijuana
other than as authorized by this chapter;
(3)
Permit the use, possession, or administration of medical marijuana
,
adult-use marijuana, or homegrown marijuana
on federal land located in this state;
(4)
Require any public place to accommodate a registered patient's use of
medical marijuana
or an adult-use consumer's use of adult-use marijuana or homegrown
marijuana
;
(5)
Prohibit
Subject
to section 3796.06 of the Revised Code, prohibit
any
public place from accommodating a registered patient's use of medical
marijuana
or an adult-use consumer's use of adult-use marijuana or homegrown
marijuana, other than by smoking, combustion, or vaporization
;
(6)
Restrict research related to marijuana conducted at a state
university, academic medical center, or private research and
development organization as part of a research protocol approved by
an institutional review board or equivalent entity.
(I)
It is the public policy of this state that contracts related to
license holders are enforceable.
Sec.
3796.27.
(A)
As used in this section:
(1)
"Financial institution" means any of the following:
(a)
Any bank, trust company, savings and loan association, savings bank,
or credit union or any affiliate, agent, or employee of a bank, trust
company, savings and loan association, savings bank, or credit union;
(b)
Any money transmitter licensed under sections 1315.01 to 1315.18 of
the Revised Code or any affiliate, agent, or employee of such a
licensee.
(2)
"Financial services" means services that a financial
institution is authorized to provide under Title XI, sections 1315.01
to 1315.18, or Chapter 1733. of the Revised Code, as applicable.
(B)
A financial institution that provides financial services to any
cultivator,
processor, retail dispensary, or laboratory licensed under this
chapter
license
holder
shall
be exempt from any criminal law of this state an element of which may
be proven by substantiating that a person provides financial services
to a person who possesses, delivers, or manufactures marijuana or
marijuana derived products, including section 2925.05 of the Revised
Code and sections 2923.01 and 2923.03 of the Revised Code as those
sections apply to violations of Chapter 2925. of the Revised Code, if
the
cultivator,
processor, retail dispensary, or laboratory
license
holder
is
in compliance with this chapter and the applicable tax laws of this
state.
(C)(1)
Notwithstanding section 149.43 of the Revised Code or any other
public records law to the contrary, upon the request of a financial
institution, the division of marijuana control shall provide to the
financial institution all of the following information:
(a)
Whether a person with whom the financial institution is seeking to do
business is a
cultivator,
processor, retail dispensary, or laboratory licensed under this
chapter
license
holder
;
(b)
The name of any other business or individual affiliated with the
person;
(c)
An unredacted copy of the application for a license under this
chapter
or under Chapter 3780. of the Revised Code, as that chapter existed
immediately before the effective date of this amendment
,
and any supporting documentation, that was submitted by the person;
(d)
If applicable, information relating to sales and volume of product
sold by the person;
(e)
Whether the person is in compliance with this chapter;
(f)
Any past or pending violation by the person of this chapter
or Chapter 3780. of the Revised Code, as that chapter existed
immediately before the effective date of this amendment
,
and any penalty imposed on the person for such a violation.
(2)
The division may charge a financial institution a reasonable fee to
cover the administrative cost of providing the information.
(D)
Information received by a financial institution under division (C) of
this section is confidential. Except as otherwise permitted by other
state law or federal law, a financial institution shall not make the
information available to any person other than the customer to whom
the information applies and any trustee, conservator, guardian,
personal representative, or agent of that customer.
Sec.
3796.28.
(A)
Nothing in this chapter does any of the following:
(1)
Requires an employer to permit or accommodate an employee's use,
possession, or distribution of
medical
marijuana;
(2)
Prohibits an employer from refusing to hire, discharging,
disciplining, or otherwise taking an adverse employment action
against a person with respect to hire, tenure, terms, conditions, or
privileges of employment because of that person's use, possession, or
distribution of
medical
marijuana;
(3)
Prohibits an employer from establishing and enforcing a drug testing
policy, drug-free workplace policy, or zero-tolerance drug policy;
(4)
Interferes with any federal restrictions on employment, including the
regulations adopted by the United States department of transportation
in Title 49 of the Code of Federal Regulations, as amended;
(5)
Permits a person to commence a cause of action against an employer
for refusing to hire, discharging, disciplining, discriminating,
retaliating, or otherwise taking an adverse employment action against
a person with respect to hire, tenure, terms, conditions, or
privileges of employment related to
medical
marijuana;
(6)
Affects the authority of the administrator of workers' compensation
to grant rebates or discounts on premium rates to employers that
participate in a drug-free workplace program established in
accordance with rules adopted by the administrator under Chapter
4123. of the Revised Code.
(B)
A person who is discharged from employment because of that person's
use of
medical
marijuana
shall be considered to have been discharged for just cause for
purposes of division (D) of section 4141.29 of the Revised Code
and
shall be ineligible to serve a waiting period or to be paid benefits
for the duration of the individual's unemployment as described in
division (D)(2) of that section
if
the person's use of
medical
marijuana
was in violation of an employer's drug-free workplace policy,
zero-tolerance policy, or other formal program or policy regulating
the use of
medical
marijuana.
(C)
It is not a violation of division (A), (D), or (E) of section 4112.02
of the Revised Code if an employer discharges, refuses to hire, or
otherwise discriminates against a person because of that person's use
of
medical
marijuana
if the person's use of
medical
marijuana
is in violation of the employer's drug-free workplace policy,
zero-tolerance policy, or other formal program or policy regulating
the use of
medical
marijuana.
Sec.
3796.29.
The
(A)
Except as otherwise provided in division (B) of this section, the
legislative
authority of a municipal corporation
may
adopt an ordinance,
or
a board of township trustees may adopt
an
ordinance or
a
resolution, to prohibit, or limit the number of,
licensed
cultivators,
licensed
processors,
or
retail
licensed
dispensaries
licensed
under this chapter
within
the municipal corporation or within the unincorporated territory of
the township, respectively.
This
section does not authorize the
(B)
The
legislative
authority of a municipal corporation or a board of township trustees
to
shall
not
adopt
or
enforce
an
ordinance or
a
resolution
limiting
that
does any of the following:
(1)
Prohibits or limits the operations of a license holder that received
a provisional license or certificate of operation before the
effective date of this amendment, except that a municipal corporation
or township may enforce such an ordinance or such a resolution if it
was adopted before the effective date of this amendment;
(2)
Prohibits or limits any activity authorized under this chapter,
except as expressly permitted under division (A) of this section;
(3)
Prohibits or limits
research
related to marijuana conducted at a state university, academic
medical center, or private research and development organization as
part of a research protocol approved by an institutional review board
or equivalent entity.
Sec.
3796.30.
(A)
Except as provided in
division
(B)
divisions
(C) and (D)
of this section, no
medical
marijuana
licensed
cultivator,
licensed
processor,
retail
licensed
dispensary,
or
licensed
laboratory
that
tests medical marijuana
shall
be located within five hundred feet of the boundaries of a parcel of
real estate having situated on it a school, church, public library,
public playground, or public park.
(B)
If
the
a
request for
relocation
of a
facility
of a licensed
cultivator,
licensed
processor,
retail
licensed
dispensary,
or
licensed
laboratory
licensed
under this chapter results
would
result
in
the
cultivator,
processor, retail dispensary, or laboratory
facility
being
located within five hundred feet of the boundaries of a parcel of
real estate having situated on it a school, church, public library,
public playground, or public park, the division of marijuana control
shall
revoke
the license it previously issued to the cultivator, processor, retail
dispensary, or laboratory
deny
the request for relocation
.
(B)
(C)
This section does not require relocation or closure of a facility
used by a licensed cultivator, licensed processor, licensed
dispensary, or licensed laboratory, if that facility has a
certificate of operation at the time a school, church, public
library, public playground, or public park relocates, or is
established, on a parcel of real estate, the boundaries of which are
within five hundred feet of that operational facility.
(D)
This section does not apply to research related to marijuana
conducted at a state university, academic medical center, or private
research and development organization as part of a research protocol
approved by an institutional review board or equivalent entity.
(C)
As used in this section and sections 3796.03 and 3796.12 of the
Revised Code:
"Church"
has the meaning defined in section 1710.01 of the Revised Code.
"Public
library" means a library provided for under Chapter 3375. of the
Revised Code.
"Public
park" means a park established by the state or a political
subdivision of the state including a county, township, municipal
corporation, or park district.
"Public
playground" means a playground established by the state or a
political subdivision of the state including a county, township,
municipal corporation, or park district.
"School"
means a child care center as defined under section 5104.01 of the
Revised Code, a preschool as defined under section 2950.034 of the
Revised Code, or a public or nonpublic primary school or secondary
school.
Sec.
3796.31.
Except
as otherwise authorized in the Revised Code, no political subdivision
shall
levy
do
either of the following:
(A)
Levy
any
tax or fee on
cultivators,
processors, or dispensaries
license
holders
that
is based on
those
the
license holder's
businesses'
gross receipts or that is the same as or similar to any tax or fee
imposed by the state
;
(B)
Levy any tax, fee, or charge on license holders or license holders'
property that is not generally charged on other businesses
.
Sec.
3796.32.
(A)
The division of marijuana control may adopt rules regulating the
advertisement of adult-use marijuana and medical marijuana to prevent
advertisements that are false, misleading, targeted to minors,
promote excessive use, promote illegal activity, are obscene or
indecent, contain depictions of marijuana use, or promote marijuana
as an intoxicant.
(B)
Any rules the division adopts regulating the advertisement of
adult-use marijuana shall be at least as stringent as the most
stringent federal or state laws or rules governing the advertisement
of tobacco or alcohol.
(C)
The division may, at any time, conduct an audit of an applicant's or
license holder's published advertisements to ensure that the
applicant or license holder complies with this chapter and associated
rules.
(D)
Adult-use marijuana or medical marijuana shall not be packaged,
advertised, or otherwise marketed using any graphic, picture, or
drawing that bears any resemblance to a cartoon character, or any
fictional character or popular culture figure whose target audience
is children or youth.
(E)
If the division determines that a person has violated this section or
any rule adopted in accordance with this section, the division may
require the person to stop using the advertisement or proceed with
any enforcement action it deems necessary or proper, as outlined in
this chapter and associated rules.
Sec.
3796.33.
(A)
As used in this section, "equivalent license" means:
(1)
In the case of an adult-use cultivator, a cultivator license of the
same level issued under section 3796.09 of the Revised Code to engage
in the activities authorized by section 3796.18 of the Revised Code;
(2)
In the case of an adult-use processor, a processor license issued
under section 3796.09 of the Revised Code to engage in the activities
authorized by section 3796.19 of the Revised Code;
(3)
In the case of an adult-use dispensary, a retail dispensary license
issued under section 3796.10 of the Revised Code to engage in the
activities authorized by section 3796.20 of the Revised Code;
(4)
In the case of an adult-use testing laboratory, a laboratory license
issued under section 3796.09 of the Revised Code to engage in the
activities authorized by section 3796.21 of the Revised Code.
(B)
A license issued under Chapter 3780. of the Revised Code, as that
chapter existed immediately before the effective date of this
section, shall be treated, for all purposes, as the equivalent
license under this chapter.
(C)
The holder of a license described in division (B) of this section is
subject to all procedures, requirements, and penalties that apply to
the holder of the equivalent license under this chapter.
(D)
If a license described in division (B) of this section is held by the
same person and used at the same location as an equivalent license
under this chapter, the division of marijuana control shall merge the
licenses and treat them as the same license for all purposes,
including expiration and renewal.
Sec.
3796.99.
(A)(1)
Whoever violates division (C)(2) of section 3796.06 of the Revised
Code as an operator of the vehicle, streetcar, trackless trolley,
watercraft, or aircraft is subject to section 1547.11, 4511.19, or
4561.15 of the Revised Code, as applicable.
(2)
Whoever violates division (C)(2) of section 3796.06 of the Revised
Code as a passenger of the vehicle, streetcar, trackless trolley,
watercraft, or aircraft shall be sentenced as follows:
(a)
Except as otherwise provided in division (A)(2)(b), (c), (d), or (e)
of this section, the offender is guilty of a misdemeanor of the first
degree. The court shall sentence the offender to a mandatory jail
term of three consecutive days. The court may impose a jail term in
addition to the three-day mandatory jail term. However, in no case
shall the cumulative jail term imposed for the offense exceed six
months. In addition, the court shall impose upon the offender a fine
of not less than three hundred seventy-five and not more than one
thousand seventy-five dollars. The court shall impose a class seven
suspension of the offender's license, permit, or privileges from the
range specified in division (A)(7) of section 4510.02 of the Revised
Code.
(b)
Except as otherwise provided in division (A)(2)(c), (d), or (e) of
this section, an offender who, within ten years of the offense,
previously has been convicted of or pleaded guilty to one violation
of division (C)(2) of section 3796.06 of the Revised Code as a
passenger of a vehicle, streetcar, trackless trolley, watercraft, or
aircraft is guilty of a misdemeanor of the first degree. The court
shall sentence the offender to a mandatory jail term of ten
consecutive days. The court may impose a jail term in addition to the
ten-day mandatory jail term. However, in no case shall the cumulative
jail term imposed for the offense exceed six months. In addition,
notwithstanding the fines set forth in Chapter 2929. of the Revised
Code, the court shall impose upon the offender a fine of not less
than five hundred twenty-five and not more than one thousand six
hundred twenty-five dollars. The court shall impose a class six
suspension of the offender's license, permit, or privileges from the
range specified in division (A)(6) of section 4510.02 of the Revised
Code.
(c)
Except as otherwise provided in division (A)(2)(d) or (e) of this
section, an offender who, within ten years of the offense, previously
has been convicted of or pleaded guilty to two violations of division
(C)(2) of section 3796.06 of the Revised Code as a passenger of a
vehicle, streetcar, trackless trolley, watercraft, or aircraft is
guilty of a misdemeanor of the first degree. The court shall sentence
the offender to a mandatory jail term of thirty consecutive days. The
court may impose a jail term in addition to the thirty-day mandatory
jail term. Notwithstanding the jail terms set forth in sections
2929.21 to 2929.28 of the Revised Code, the additional jail term
shall not exceed one year, and the cumulative jail term imposed for
the offense shall not exceed one year. In addition, notwithstanding
the fines set forth in Chapter 2929. of the Revised Code, the court
shall impose upon the offender a fine of not less than eight hundred
fifty and not more than two thousand seven hundred fifty dollars. The
court shall impose a class five suspension of the offender's license,
permit, or privileges from the range specified in division (A)(5) of
section 4510.02 of the Revised Code.
(d)
Except as otherwise provided in division (A)(2)(e) of this section,
an offender who, within ten years of the offense, previously has been
convicted of or pleaded guilty to three violations of division (C)(2)
of section 3796.06 of the Revised Code as a passenger of a vehicle,
streetcar, trackless trolley, watercraft, or aircraft is guilty of a
felony of the fourth degree. Notwithstanding the prison terms set
forth in Chapter 2929. of the Revised Code, the court shall sentence
the offender to a mandatory prison term of one, two, three, four, or
five years. Additionally, notwithstanding section 2929.18 of the
Revised Code, the court shall impose a fine of not less than one
thousand three hundred fifty nor more than ten thousand five hundred
dollars. The court shall impose a class four suspension of the
offender's license, permit, or privileges from the range specified in
division (A)(4) of section 4510.02 of the Revised Code.
(e)
An offender who previously has been convicted of or pleaded guilty to
a felony violation of division (C)(2) of section 3796.06 of the
Revised Code as a passenger of a vehicle, streetcar, trackless
trolley, watercraft, or aircraft, regardless of when the violation
and the conviction or guilty plea occurred, is guilty of a felony of
the third degree. Notwithstanding the prison terms set forth in
Chapter 2929. of the Revised Code, the court shall sentence the
offender to a mandatory prison term of one, two, three, four, or five
years. Additionally, notwithstanding section 2929.18 of the Revised
Code, the court shall impose a fine of not less than one thousand
three hundred fifty nor more than ten thousand five hundred dollars.
The court shall impose a class three suspension of the offender's
license, permit, or privileges from the range specified in division
(A)(3) of section 4510.02 of the Revised Code.
(B)
Except as otherwise provided in division (A) of this section, whoever
violates division (C)(2) or (3) of section 3796.06 of the Revised
Code is guilty of a minor misdemeanor.
(C)(1)(a)
Except as provided in division (C)(1)(b) of this section, whoever
violates division (F) of section 3796.06 of the Revised Code is
guilty of a misdemeanor of the first degree.
(b)
An offender who has previously been convicted of, or pleaded guilty
to, a violation of division (F) of section 3796.06 of the Revised
Code, is guilty of a felony of the fifth degree.
(2)
The division of marijuana control shall immediately revoke the
license of any license holder under this chapter who is found guilty
of, or who pleads guilty or no contest to, violating division (F) of
section 3796.06 of the Revised Code.
(D)
Except as otherwise provided in division (E) of section 3796.04 of
the Revised Code, whoever violates division (B) of section 3796.221
or division (A)(1) or (D) of section 3796.04 of the Revised Code is
guilty of possession of marijuana under section 2925.11 of the
Revised Code.
(E)
Whoever engages in any of the activities described in section
3796.18, 3796.19, 3796.20, or 3796.21 of the Revised Code without the
proper license is guilty of trafficking in marijuana under section
2925.03 of the Revised Code or illegal cultivation of marijuana under
section 2925.04 of the Revised Code.
(F)
Whoever violates division (C)(2) of section 3796.20 of the Revised
Code is guilty of trafficking in marijuana under section 2925.03 of
the Revised Code.
(G)(1)
Except as otherwise provided in divisions (G)(2) to (4) of this
section, whoever violates division (G) of section 3796.06 of the
Revised Code by knowingly showing or giving false information
concerning the individual's name, age, or other identification for
the purpose of purchasing or otherwise obtaining adult-use marijuana
from an adult-use dispensary licensed under this chapter is guilty of
a misdemeanor of the first degree.
(2)
Except as otherwise provided in divisions (G)(3) and (4) of this
section, whoever violates division (G) of section 3796.06 of the
Revised Code by knowingly presenting to an adult-use dispensary
licensed under this chapter a false, fictitious, or altered
identification card, a false or fictitious driver's license
purportedly issued by any state, or a driver's license issued by any
state that has been altered, is guilty of a misdemeanor of the first
degree and, notwithstanding division (A)(2) of section 2929.28 of the
Revised Code, shall be fined not less than two hundred fifty dollars
and not more than one thousand dollars.
(3)(a)
Except as otherwise provided in division (G)(4) of this section, an
offender who has previously been convicted of or pleaded guilty to a
violation of division (G) of section 3796.06 of the Revised Code by
knowingly presenting to an adult-use dispensary licensed under this
chapter a false, fictitious, or altered identification card, a false
or fictitious driver's license purportedly issued by any state, or a
driver's license issued by any state that has been altered, is guilty
of a misdemeanor of the first degree and, notwithstanding division
(A)(2) of section 2929.28 of the Revised Code, shall be fined not
less than five hundred dollars nor more than one thousand dollars.
(b)(i)
The court also may impose a class seven suspension of the offender's
driver's or commercial driver's license or permit, or nonresident
operating privilege, from the range specified in division (A)(7) of
section 4510.02 of the Revised Code.
(ii)
The court, in lieu of suspending the offender's temporary instruction
permit, probationary driver's license, or driver's license, instead
may order the offender to perform a determinate number of hours of
community service, with the court determining the actual number of
hours and the nature of the community service the offender shall
perform.
(4)(a)
An offender who has previously been convicted of or pleaded guilty to
two or more violations of division (G) of section 3796.06 of the
Revised Code by knowingly presenting to an adult-use dispensary
licensed under this chapter a false, fictitious, or altered
identification card, a false or fictitious driver's license
purportedly issued by any state, or a driver's license issued by any
state that has been altered, is guilty of a misdemeanor of the first
degree and, notwithstanding division (A)(2) of section 2929.28 of the
Revised Code, shall be fined not less than five hundred dollars nor
more than one thousand dollars.
(b)(i)
The court also may impose a class six suspension of the offender's
driver's or commercial driver's license or permit or nonresident
operating privilege from the range specified in division (A)(6) of
section 4510.02 of the Revised Code, and the court may order that the
suspension or denial remain in effect until the offender attains the
age of twenty-one years.
(ii)
The court, in lieu of suspending the offender's temporary instruction
permit, probationary driver's license, or driver's license, instead
may order the offender to perform a determinate number of hours of
community service, with the court determining the actual number of
hours and the nature of the community service the offender shall
perform.
(5)
The financial sanctions required by divisions (G)(2) to (4) of this
section are in lieu of the financial sanctions described in division
(A)(2) of section 2929.28 of the Revised Code but are in addition to
any other sanctions or penalties that may apply to the offender,
including other financial sanctions under that section or a jail term
under section 2929.24 of the Revised Code.
(H)(1)
Except as otherwise provided in division (H)(2) of this section,
whoever violates division (G) of section 3796.06 of the Revised Code
by knowingly soliciting another person to purchase adult-use
marijuana from an adult-use dispensary licensed under this chapter is
guilty of a misdemeanor of the fourth degree.
(2)
An offender who has previously been convicted of or pleaded guilty to
a violation of division (G) of section 3796.06 of the Revised Code by
knowingly soliciting another individual to purchase adult-use
marijuana from an adult-use dispensary licensed under this chapter is
guilty of a misdemeanor of the second degree.
(I)
Whoever violates division (A), (B), or (C) of section 3796.062 of the
Revised Code is guilty of a minor misdemeanor.
(J)
Whoever violates division (D) of section 3796.062 of the Revised Code
is guilty of illegal use or possession of marijuana drug
paraphernalia under section 2925.141 of the Revised Code.
Sec.
4735.18.
(A)
Subject to section 4735.32 of the Revised Code, the superintendent of
real estate, upon the superintendent's own motion, may investigate
the conduct of any licensee. Subject to division (E) of this section
and section 4735.32 of the Revised Code, the Ohio real estate
commission shall impose disciplinary sanctions upon any licensee who,
whether or not acting in the licensee's capacity as a real estate
broker or salesperson, or in handling the licensee's own property, is
found to have been convicted of a felony or a crime of moral
turpitude, and may impose disciplinary sanctions upon any licensee
who, in the licensee's capacity as a real estate broker or
salesperson, or in handling the licensee's own property, is found
guilty of:
(1)
Knowingly making any misrepresentation;
(2)
Making any false promises with intent to influence, persuade, or
induce;
(3)
A continued course of misrepresentation or the making of false
promises through agents, salespersons, advertising, or otherwise;
(4)
Acting for more than one party in a transaction except as permitted
by and in compliance with section 4735.71 of the Revised Code;
(5)
Failure within a reasonable time to account for or to remit any money
coming into the licensee's possession which belongs to others;
(6)
Dishonest or illegal dealing, gross negligence, incompetency, or
misconduct;
(7)(a)
By final adjudication by a court, a violation of any municipal or
federal civil rights law relevant to the protection of purchasers or
sellers of real estate or, by final adjudication by a court, any
unlawful discriminatory practice pertaining to the purchase or sale
of real estate prohibited by Chapter 4112. of the Revised Code,
provided that such violation arose out of a situation wherein parties
were engaged in bona fide efforts to purchase, sell, or lease real
estate, in the licensee's practice as a licensed real estate broker
or salesperson;
(b)
A second or subsequent violation of any unlawful discriminatory
practice pertaining to the purchase or sale of real estate prohibited
by Chapter 4112. of the Revised Code or any second or subsequent
violation of municipal or federal civil rights laws relevant to
purchasing or selling real estate whether or not there has been a
final adjudication by a court, provided that such violation arose out
of a situation wherein parties were engaged in bona fide efforts to
purchase, sell, or lease real estate. For any second offense under
this division, the commission shall suspend for a minimum of two
months or revoke the license of the broker or salesperson. For any
subsequent offense, the commission shall revoke the license of the
broker or salesperson.
(8)
Procuring a license under this chapter, for the licensee or any
salesperson by fraud, misrepresentation, or deceit;
(9)
Having violated or failed to comply with any provision of sections
4735.51 to 4735.74 of the Revised Code or having willfully
disregarded or violated any other provisions of this chapter;
(10)
As a real estate broker, having demanded, without reasonable cause,
other than from a broker licensed under this chapter, a commission to
which the licensee is not entitled, or, as a real estate salesperson,
having demanded, without reasonable cause, a commission to which the
licensee is not entitled;
(11)
Except as permitted under section 4735.20 of the Revised Code, having
paid commissions or fees to, or divided commissions or fees with,
anyone not licensed as a real estate broker or salesperson under this
chapter or anyone not operating as an out-of-state commercial real
estate broker or salesperson under section 4735.022 of the Revised
Code;
(12)
Having falsely represented membership in any real estate professional
association of which the licensee is not a member;
(13)
Having accepted, given, or charged any undisclosed commission,
rebate, or direct profit on expenditures made for a principal;
(14)
Having offered anything of value other than the consideration recited
in the sales contract as an inducement to a person to enter into a
contract for the purchase or sale of real estate or having offered
real estate or the improvements on real estate as a prize in a
lottery or scheme of chance;
(15)
Having acted in the dual capacity of real estate broker and
undisclosed principal, or real estate salesperson and undisclosed
principal, in any transaction;
(16)
Having guaranteed, authorized, or permitted any person to guarantee
future profits which may result from the resale of real property;
(17)
Having advertised or placed a sign on any property offering it for
sale or for rent without the consent of the owner or the owner's
authorized agent;
(18)
Having induced any party to a contract of sale or lease to break such
contract for the purpose of substituting in lieu of it a new contract
with another principal;
(19)
Having negotiated the sale, exchange, or lease of any real property
directly with a seller, purchaser, lessor, or tenant knowing that
such seller, purchaser, lessor, or tenant is represented by another
broker under a written exclusive agency agreement, exclusive right to
sell or lease listing agreement, or exclusive purchaser agency
agreement with respect to such property except as provided for in
section 4735.75 of the Revised Code;
(20)
Having offered real property for sale or for lease without the
knowledge and consent of the owner or the owner's authorized agent,
or on any terms other than those authorized by the owner or the
owner's authorized agent;
(21)
Having published advertising, whether printed, radio, display, or of
any other nature, which was misleading or inaccurate in any material
particular, or in any way having misrepresented any properties,
terms, values, policies, or services of the business conducted;
(22)
Having knowingly withheld from or inserted in any statement of
account or invoice any statement that made it inaccurate in any
material particular;
(23)
Having published or circulated unjustified or unwarranted threats of
legal proceedings which tended to or had the effect of harassing
competitors or intimidating their customers;
(24)
Having failed to keep complete and accurate records of all
transactions for a period of three years from the date of the
transaction, such records to include copies of listing forms, earnest
money receipts, offers to purchase and acceptances of them, records
of receipts and disbursements of all funds received by the licensee
as broker and incident to the licensee's transactions as such, and
records required pursuant to divisions (C)(4) and (5) of section
4735.20 of the Revised Code, and any other instruments or papers
related to the performance of any of the acts set forth in the
definition of a real estate broker;
(25)
Failure of a real estate broker or salesperson to furnish all parties
involved in a real estate transaction true copies of all listings and
other agreements to which they are a party, at the time each party
signs them;
(26)
Failure to maintain at all times a special or trust bank account in a
depository of a state or federally chartered institution located in
this state. The account shall be noninterest-bearing, separate and
distinct from any personal or other account of the broker, and,
except as provided in division (A)(27) of this section, shall be used
for the deposit and maintenance of all escrow funds, security
deposits, and other moneys received by the broker in a fiduciary
capacity. The name, account number, if any, and location of the
depository wherein such special or trust account is maintained shall
be submitted in writing to the superintendent. Checks drawn on such
special or trust bank accounts are deemed to meet the conditions
imposed by section 1349.21 of the Revised Code. Funds deposited in
the trust or special account in connection with a purchase agreement
shall be maintained in accordance with section 4735.24 of the Revised
Code.
(27)
Failure to maintain at all times a special or trust bank account in a
depository of a state or federally chartered institution in this
state, to be used exclusively for the deposit and maintenance of all
rents, security deposits, escrow funds, and other moneys received by
the broker in a fiduciary capacity in the course of managing real
property. This account shall be separate and distinct from any other
account maintained by the broker. The name, account number, and
location of the depository shall be submitted in writing to the
superintendent. This account may earn interest, which shall be paid
to the property owners on a pro rata basis.
Division
(A)(27) of this section does not apply to brokers who are not engaged
in the management of real property on behalf of real property owners.
(28)
Having failed to put definite expiration dates in all written agency
agreements to which the broker is a party;
(29)
Having an unsatisfied final judgment or lien in any court of record
against the licensee arising out of the licensee's conduct as a
licensed broker or salesperson;
(30)
Failing to render promptly upon demand a full and complete statement
of the expenditures by the broker or salesperson of funds advanced by
or on behalf of a party to a real estate transaction to the broker or
salesperson for the purpose of performing duties as a licensee under
this chapter in conjunction with the real estate transaction;
(31)
Failure within a reasonable time, after the receipt of the commission
by the broker, to render an accounting to and pay a real estate
salesperson the salesperson's earned share of it;
(32)
Performing any service for another constituting the practice of law,
as determined by any court of law;
(33)
Having been adjudicated incompetent by a court, as provided in
section 5122.301 of the Revised Code. A license revoked or suspended
under this division shall be reactivated upon proof to the commission
of the removal of the disability.
(34)
Having authorized or permitted a person to act as an agent in the
capacity of a real estate broker, or a real estate salesperson, who
was not then licensed as a real estate broker or real estate
salesperson under this chapter or who was not then operating as an
out-of-state commercial real estate broker or salesperson under
section 4735.022 of the Revised Code;
(35)
Having knowingly inserted or participated in inserting any materially
inaccurate term in a document, including naming a false
consideration;
(36)
Having failed to inform the licensee's client of the existence of an
offer or counteroffer or having failed to present an offer or
counteroffer in a timely manner, unless otherwise instructed by the
client, provided the instruction of the client does not conflict with
any state or federal law;
(37)
Having failed to comply with section 4735.24 of the Revised Code;
(38)
Having acted as a broker without authority, impeded the ability of a
principal broker to perform any of the duties described in section
4735.081 of the Revised Code, or impeded the ability a management
level licensee to perform the licensee's duties;
(39)
Entering into a right-to-list home sale agreement.
(B)
Whenever the commission, pursuant to section 4735.051 of the Revised
Code, imposes disciplinary sanctions for any violation of this
section, the commission also may impose such sanctions upon the
broker with whom the salesperson is affiliated if the commission
finds that the broker had knowledge of the salesperson's actions that
violated this section.
(C)
The commission shall, pursuant to section 4735.051 of the Revised
Code, impose disciplinary sanctions upon any foreign real estate
dealer or salesperson who, in that capacity or in handling the
dealer's or salesperson's own property, is found guilty of any of the
acts or omissions specified or comprehended in division (A) of this
section insofar as the acts or omissions pertain to foreign real
estate. If the commission imposes such sanctions upon a foreign real
estate salesperson for a violation of this section, the commission
also may suspend or revoke the license of the foreign real estate
dealer with whom the salesperson is affiliated if the commission
finds that the dealer had knowledge of the salesperson's actions that
violated this section.
(D)
The commission may suspend, in whole or in part, the imposition of
the penalty of suspension of a license under this section.
(E)
A person licensed under this chapter who represents a party to a
transaction or a proposed transaction involving the sale, purchase,
exchange, lease, or management of real property that is or will be
used in the cultivation, processing, dispensing, or testing of
medical marijuana
or
adult-use marijuana
under
Chapter 3796. of the Revised Code, or who receives, holds, or
disburses funds from a real estate brokerage trust account in
connection with such a transaction, shall not be subject to
disciplinary sanctions under this chapter solely because the licensed
person engaged in activities permitted under this chapter and related
to activities under Chapter 3796. of the Revised Code.
Sec.
4796.25.
This
chapter does not apply to any of the following:
(A)
Licenses issued under Chapter
3780.
or
3796.
of the Revised Code;
(B)
Licenses issued pursuant to rules prescribed under Section 5 of
Article IV, Ohio Constitution;
(C)
Commercial fishing licenses issued under section 1533.342 of the
Revised Code;
(D)
Licenses issued under Chapter 4506. of the Revised Code;
(E)
Physician certificates to recommend treatment with medical marijuana
issued under section 4731.30 of the Revised Code;
(F)
Money transmitter licenses issued under section 1315.04 of the
Revised Code;
(G)
Lottery sales agent licenses issued under section 3770.05 of the
Revised Code;
(H)
Licenses issued under Chapter 3905. of the Revised Code;
(I)
Fantasy contest operator licenses issued under section 3774.02 of the
Revised Code;
(J)
Teledentistry permits issued under section 4715.43 of the Revised
Code;
(K)
Physician training certificates issued under section 4731.291 of the
Revised Code;
(L)
Podiatrist training certificates issued under section 4731.573 of the
Revised Code;
(M)
Licenses issued under Chapter 4740. of the Revised Code;
(N)
Licenses issued by a political subdivision to an individual by which
the individual has or claims the privilege to act as a tradesperson
as defined in section 4740.01 of the Revised Code in the political
subdivision's jurisdiction.
Sec.
5502.01.
(A)
The department of public safety shall administer and enforce the laws
relating to the registration, licensing, sale, and operation of motor
vehicles and the laws pertaining to the licensing of drivers of motor
vehicles.
The
department shall compile, analyze, and publish statistics relative to
motor vehicle accidents and the causes of them, prepare and conduct
educational programs for the purpose of promoting safety in the
operation of motor vehicles on the highways, and conduct research and
studies for the purpose of promoting safety on the highways of this
state.
(B)
The department shall administer the laws and rules relative to trauma
and emergency medical services specified in Chapter 4765. of the
Revised Code and any laws and rules relative to medical
transportation services specified in Chapter 4766. of the Revised
Code.
(C)
The department shall administer and enforce the laws contained in
Chapters 4301. and 4303. of the Revised Code and enforce the rules
and orders of the liquor control commission pertaining to retail
liquor permit holders.
(D)
The department shall administer the laws governing the state
emergency management agency and shall enforce all additional duties
and responsibilities as prescribed in the Revised Code related to
emergency management services.
(E)
The department shall conduct investigations pursuant to Chapter 5101.
of the Revised Code in support of the duty of the department of job
and family services to administer the supplemental nutrition
assistance program throughout this state. The department of public
safety shall conduct investigations necessary to protect the state's
property rights and interests in the supplemental nutrition
assistance program.
(F)
The department of public safety shall enforce compliance with orders
and rules of the public utilities commission and applicable laws in
accordance with Chapters 4905., 4921., and 4923. of the Revised Code
regarding commercial motor vehicle transportation safety, economic,
and hazardous materials requirements.
(G)
Notwithstanding Chapter 4117. of the Revised Code, the department of
public safety may establish requirements for its enforcement
personnel, including its enforcement agents described in section
5502.14 of the Revised Code, that include standards of conduct, work
rules and procedures, and criteria for eligibility as law enforcement
personnel.
(H)
The department shall administer, maintain, and operate the Ohio
criminal justice network. The Ohio criminal justice network shall be
a computer network that supports state and local criminal justice
activities. The network shall be an electronic repository for various
data, which may include arrest warrants, notices of persons wanted by
law enforcement agencies, criminal records, prison inmate records,
stolen vehicle records, vehicle operator's licenses, and vehicle
registrations and titles.
(I)
The department shall coordinate all homeland security activities of
all state agencies and shall be a liaison between state agencies and
local entities for those activities and related purposes.
(J)
The department shall administer and enforce the laws relative to
private investigators and security service providers specified in
Chapter 4749. of the Revised Code.
(K)
The department shall administer criminal justice services in
accordance with sections 5502.61 to 5502.66 of the Revised Code.
(L)
The department shall administer the Ohio school safety and crisis
center and the Ohio mobile training team in accordance with sections
5502.70 to 5502.703 of the Revised Code.
(M)
The department shall coordinate security measures and operations, and
may direct the department of administrative services to implement any
security measures and operations the department of public safety
requires, at the Vern Riffe Center and the James A. Rhodes state
office tower.
Notwithstanding
section 125.28 of the Revised Code, the director of public safety may
recover the costs of directing security measures and operations under
this division by either issuing intrastate transfer voucher billings
to the department of administrative services, which the department
shall process to pay for the costs, or, upon the request of the
director of administrative services, the director of budget and
management may transfer cash in the requested amount from the
building management fund created under section 125.28 of the Revised
Code. Payments received or cash transfers made under this division
for the costs of directing security measures and operations shall be
deposited into the state treasury to the credit of the security,
investigations, and policing fund created under section 4501.11 of
the Revised Code.
(N)
The department shall assist the division of marijuana control in
enforcing Chapter 3796. of the Revised Code, as provided in that
chapter.
Sec.
5502.13.
The
department of public safety shall maintain an investigative unit in
order to conduct investigations and other enforcement activity
authorized by Chapters
3796.,
4301.,
4303., 5101., 5107., and 5108. and sections 2903.12, 2903.13,
2903.14, 2907.09, 2913.46, 2917.11, 2921.13, 2921.31, 2921.32,
2921.33, 2923.12, 2923.121, 2925.11, 2925.13, 2927.02, and 4507.30 of
the Revised Code. The director of public safety shall appoint the
employees of the unit who are necessary, designate the activities to
be performed by those employees, and prescribe their titles and
duties.
Sec.
5502.14.
(A)
As used in this section, "felony" has the same meaning as
in section 109.511 of the Revised Code.
(B)(1)
Any person who is employed by the department of public safety and
designated by the director of public safety to enforce Title XLIII of
the Revised Code
,
and
the
rules adopted under it,
Chapter
3796. of the Revised Code and the rules adopted under that chapter,
and
the laws and rules regulating the use of supplemental nutrition
assistance program benefits shall be known as an enforcement agent.
The employment by the department of public safety and the designation
by the director of public safety of a person as an enforcement agent
shall be subject to division (D) of this section. An enforcement
agent has the authority vested in peace officers pursuant to section
2935.03 of the Revised Code to keep the peace, to enforce all
of
the following:
(a)
All
applicable
laws and rules on any retail liquor permit premises, or on any other
premises of public or private property, where a violation of Title
XLIII of the Revised Code or any rule adopted under it is occurring
,
and to enforce all
;
(b)
All applicable laws and rules on persons and premises licensed under
Chapter 3796. of the Revised Code and, if invited by local law
enforcement having jurisdiction, on any other public or private
property where a violation of Chapter 3796. or any rule adopted under
that chapter is occurring;
(c)
All
laws
and rules governing the use of supplemental nutrition assistance
program benefits, women, infants, and children's coupons,
electronically transferred benefits, or any other access device that
is used alone or in conjunction with another access device to obtain
payments, allotments, benefits, money, goods, or other things of
value, or that can be used to initiate a transfer of funds, pursuant
to the supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or any
supplemental food program administered by any department of this
state pursuant to the "Child Nutrition Act of 1966," 80
Stat. 885, 42 U.S.C.A. 1786. Enforcement agents, in enforcing
compliance with the laws and rules described in this division, may
keep the peace and make arrests for violations of those laws and
rules.
(2)
In addition to the authority conferred by division (B)(1) of this
section, an enforcement agent also may execute search warrants and
seize and take into custody any contraband, as defined in section
2901.01 of the Revised Code, or any property that is otherwise
necessary for evidentiary purposes related to any violations of the
laws or rules described in division (B)(1) of this section. An
enforcement agent may enter public or private premises where activity
alleged to violate the laws or rules described in division (B)(1) of
this section is occurring.
(3)
Enforcement agents who are on, immediately adjacent to, or across
from retail liquor permit premises
or
premises licensed under Chapter 3796. of the Revised Code
and
who are performing investigative duties relating to
that
those
premises,
enforcement agents who are on premises that are not liquor permit
premises
or
premises licensed under Chapter 3796. of the Revised Code
but
on which a violation of Title XLIII
or
Chapter 3796.
of
the Revised Code or any rule adopted under
it
that
title or chapter
allegedly
is occurring, and enforcement agents who view a suspected violation
of Title XLIII
or
Chapter 3796.
of
the Revised Code, of a rule adopted under
it
that
title or chapter
,
or of another law or rule described in division (B)(1) of this
section have the authority to enforce the laws and rules described in
division (B)(1) of this section, authority to enforce any section in
Title XXIX of the Revised Code or any other section of the Revised
Code listed in section 5502.13 of the Revised Code if they witness a
violation of the section under any of the circumstances described in
this division, and authority to make arrests for violations of the
laws and rules described in division (B)(1) of this section and
violations of any of those sections.
(4)
The jurisdiction of an enforcement agent under division (B) of this
section shall be concurrent with that of the peace officers of the
county, township, or municipal corporation in which the violation
occurs.
(C)
Enforcement agents of the department of public safety who are engaged
in the enforcement of the laws and rules described in division (B)(1)
of this section may carry concealed weapons when conducting
undercover investigations pursuant to their authority as law
enforcement officers and while acting within the scope of their
authority pursuant to this chapter.
(D)(1)
The department of public safety shall not employ, and the director of
public safety shall not designate, a person as an enforcement agent
on a permanent basis, on a temporary basis, for a probationary term,
or on other than a permanent basis if the person previously has been
convicted of or has pleaded guilty to a felony.
(2)(a)
The department of public safety shall terminate the employment of a
person who is designated as an enforcement agent and who does either
of the following:
(i)
Pleads guilty to a felony;
(ii)
Pleads guilty to a misdemeanor pursuant to a negotiated plea
agreement as provided in division (D) of section 2929.43 of the
Revised Code in which the enforcement agent agrees to surrender the
certificate awarded to that agent under section 109.77 of the Revised
Code.
(b)
The department shall suspend the employment of a person who is
designated as an enforcement agent if the person is convicted, after
trial, of a felony. If the enforcement agent files an appeal from
that conviction and the conviction is upheld by the highest court to
which the appeal is taken or if no timely appeal is filed, the
department shall terminate the employment of that agent. If the
enforcement agent files an appeal that results in that agent's
acquittal of the felony or conviction of a misdemeanor, or in the
dismissal of the felony charge against the agent, the department
shall reinstate the agent. An enforcement agent who is reinstated
under division (D)(2)(b) of this section shall not receive any back
pay unless the conviction of that agent of the felony was reversed on
appeal, or the felony charge was dismissed, because the court found
insufficient evidence to convict the agent of the felony.
(3)
Division (D) of this section does not apply regarding an offense that
was committed prior to January 1, 1997.
(4)
The suspension or termination of the employment of a person
designated as an enforcement agent under division (D)(2) of this
section shall be in accordance with Chapter 119. of the Revised Code.
Sec.
5713.30.
As
used in sections 5713.31 to 5713.37 and 5715.01 of the Revised Code:
(A)
"Land devoted exclusively to agricultural use" means:
(1)
Tracts, lots, or parcels of land totaling not less than ten acres to
which, during the three calendar years prior to the year in which
application is filed under section 5713.31 of the Revised Code, and
through the last day of May of such year, one or more of the
following apply:
(a)
The tracts, lots, or parcels of land were devoted exclusively to
commercial animal or poultry husbandry, aquaculture, algaculture
meaning the farming of algae, apiculture, the cultivation of hemp by
a person issued a hemp cultivation license under section 928.02 of
the Revised Code, the production for a commercial purpose of timber,
field crops, tobacco, fruits, vegetables, nursery stock, ornamental
trees, sod, or flowers, or the growth of timber for a noncommercial
purpose, if the land on which the timber is grown is contiguous to or
part of a parcel of land under common ownership that is otherwise
devoted exclusively to agricultural use.
(b)
The tracts, lots, or parcels of land were devoted exclusively to
biodiesel production, biomass energy production, electric or heat
energy production, or biologically derived methane gas production if
the land on which the production facility is located is contiguous to
or part of a parcel of land under common ownership or leasehold that
is otherwise devoted exclusively to agricultural use, provided that
(i) at least fifty per cent of the feedstock used in the production
is agricultural feedstock, (ii) at least twenty per cent of the
agricultural feedstock used in the production is derived from parcels
of land under common ownership or leasehold, and (iii) none of the
feedstock used in the production consists of human waste. As used in
this division, "agricultural feedstock" means manure and
food waste, and "human waste" includes sludge as defined in
section 6111.01 of the Revised Code.
(c)
The tracts, lots, or parcels of land are eligible conservation land.
(2)
Tracts, lots, or parcels of land totaling less than ten acres that,
during the three calendar years prior to the year in which
application is filed under section 5713.31 of the Revised Code and
through the last day of May of such year, were devoted exclusively to
commercial animal or poultry husbandry, aquaculture, algaculture
meaning the farming of algae, apiculture, the cultivation of hemp by
a person issued a hemp cultivation license under section 928.02 of
the Revised Code, the production for a commercial purpose of field
crops, tobacco, fruits, vegetables, timber, nursery stock, ornamental
trees, sod, or flowers where such activities produced an average
yearly gross income of at least twenty-five hundred dollars during
such three-year period or where there is evidence of an anticipated
gross income of such amount from such activities during the tax year
in which application is made, or were eligible conservation land;
(3)
Tracts, lots, or parcels of land, or portions thereof that, during
the previous three consecutive calendar years have been designated as
land devoted exclusively to agricultural use, but such land has been
lying idle or fallow for up to one year and no action has occurred to
such land that is either inconsistent with the return of it to
agricultural production or converts the land devoted exclusively to
agricultural use as defined in this section. Such land shall remain
designated as land devoted exclusively to agricultural use provided
that beyond one year, but less than three years, the landowner proves
good cause as determined by the board of revision.
(4)
Tracts, lots, or parcels of land, or portions thereof that, during
the previous three consecutive calendar years have been designated as
land devoted exclusively to agricultural use, but such land has been
lying idle or fallow because of dredged material being stored or
deposited on such land pursuant to a contract between the land's
owner and the department of natural resources or the United States
army corps of engineers and no action has occurred to the land that
is either inconsistent with the return of it to agricultural
production or converts the land devoted exclusively to agricultural
use. Such land shall remain designated as land devoted exclusively to
agricultural use until the last year in which dredged material is
stored or deposited on the land pursuant to such a contract, but not
to exceed five years.
"Land
devoted exclusively to agricultural use" includes tracts, lots,
or parcels of land or portions thereof that are used for conservation
practices, provided that the tracts, lots, or parcels of land or
portions thereof comprise twenty-five per cent or less of the total
of the tracts, lots, or parcels of land that satisfy the criteria
established in division (A)(1), (2), (3), or (4) of this section
together with the tracts, lots, or parcels of land or portions
thereof that are used for conservation practices.
Notwithstanding
any other provision of law to the contrary, the existence of
agritourism on a tract, lot, or parcel of land that otherwise meets
the definition of "land devoted exclusively to agricultural use"
as defined in this division does not disqualify that tract, lot, or
parcel from valuation under sections 5713.30 to 5713.37 and 5715.01
of the Revised Code.
A
tract, lot, or parcel of land taxed under sections 5713.22 to 5713.26
of the Revised Code is not land devoted exclusively to agricultural
use.
A
tract, lot, parcel, or portion thereof on which medical marijuana
or adult-use marijuana
,
as
those
terms are
defined
by section 3796.01 of the Revised Code, is cultivated or processed is
not land devoted exclusively to agricultural use.
(B)
"Conversion of land devoted exclusively to agricultural use"
means any of the following:
(1)
The failure of the owner of land devoted exclusively to agricultural
use during the next preceding calendar year to file a renewal
application under section 5713.31 of the Revised Code without good
cause as determined by the board of revision;
(2)
The failure of the new owner of such land to file an initial
application under that section without good cause as determined by
the board of revision;
(3)
The failure of such land or portion thereof to qualify as land
devoted exclusively to agricultural use for the current calendar year
as requested by an application filed under such section;
(4)
The failure of the owner of the land described in division (A)(3) or
(4) of this section to act on such land in a manner that is
consistent with the return of the land to agricultural production
after three years.
The
construction or installation of an energy facility, as defined in
section 5727.01 of the Revised Code, on a portion of a tract, lot, or
parcel of land devoted exclusively to agricultural use shall not
cause the remaining portion of the tract, lot, or parcel to be
regarded as a conversion of land devoted exclusively to agricultural
use if the remaining portion of the tract, lot, or parcel continues
to be devoted exclusively to agricultural use.
(C)
"Tax savings" means the difference between the dollar
amount of real property taxes levied in any year on land valued and
assessed in accordance with its current agricultural use value and
the dollar amount of real property taxes that would have been levied
upon such land if it had been valued and assessed for such year in
accordance with Section 2 of Article XII, Ohio Constitution.
(D)
"Owner" includes, but is not limited to, any person owning
a fee simple, fee tail, or life estate or a buyer on a land
installment contract.
(E)
"Conservation practices" are practices used to abate soil
erosion as required in the management of the farming operation, and
include, but are not limited to, the installation, construction,
development, planting, or use of grass waterways, terraces,
diversions, filter strips, field borders, windbreaks, riparian
buffers, wetlands, ponds, and cover crops for that purpose.
(F)
"Wetlands" has the same meaning as in section 6111.02 of
the Revised Code.
(G)
"Biodiesel" means a mono-alkyl ester combustible liquid
fuel that is derived from vegetable oils or animal fats or any
combination of those reagents and that meets the American society for
testing and materials specification D6751-03a for biodiesel fuel
(B100) blend stock distillate fuels.
(H)
"Biologically derived methane gas" means gas from the
anaerobic digestion of organic materials, including animal waste and
agricultural crops and residues.
(I)
"Biomass energy" means energy that is produced from organic
material derived from plants or animals and available on a renewable
basis, including, but not limited to, agricultural crops, tree crops,
crop by-products, and residues.
(J)
"Electric or heat energy" means electric or heat energy
generated from manure, cornstalks, soybean waste, or other
agricultural feedstocks.
(K)
"Dredged material" means material that is excavated or
dredged from waters of this state. "Dredged material" does
not include material resulting from normal farming, silviculture, and
ranching activities, such as plowing, cultivating, seeding, and
harvesting, for production of food, fiber, and forest products.
(L)
"Agritourism" has the same meaning as in section 901.80 of
the Revised Code.
(M)
"Eligible conservation land" means either of the following:
(1)
A tract, lot, or parcel devoted to and qualified for payments or
other compensation under a land retirement or conservation program
under an agreement with an agency of the federal government;
(2)
A tract, lot, or parcel that meets at least one of the conditions
described in divisions (M)(2)(a) to (c) of this section and the
condition described in division (M)(2)(d) of this section.
(a)
The land is subject to an agricultural water project or nature water
project that receives funding from the H2Ohio fund created in section
126.60 of the Revised Code.
(b)
The land was subject to such a project during the immediately
preceding calendar year.
(c)
The land is or was subject to such a project for the current or one
of the two immediately preceding tax years and, for the current tax
year, is subject to either a conservation easement held by the state
or an agency of the state or a conservation easement held by any
other person if such easement is a condition of a nature water
project that is funded through the H2Ohio fund.
(d)
For the tax year that includes or immediately precedes the year in
which the land became subject to the project described in division
(M)(2)(a), (b), or (c) of this section, as applicable, the land
qualified as land devoted exclusively to agricultural use pursuant to
other criteria in divisions (A)(1) to (4) of this section.
As
used in division (M)(2) of this section, "conservation easement"
has the same meaning as in section 5301.67 of the Revised Code.
Sec.
5739.21.
(A)
One hundred per cent of all money deposited into the state treasury
under sections 5739.01 to 5739.31 of the Revised Code that is not
required to be distributed as provided in
section
sections
5739.102
and
5739.27
of
the Revised Code or division (B) of this section shall be credited to
the general revenue fund.
(B)(1)
In any case where any county or transit authority has levied a tax or
taxes pursuant to section 5739.021, 5739.023, or 5739.026 of the
Revised Code, the tax commissioner shall, within forty-five days
after the end of each month, determine and certify to the director of
budget and management the amount of the proceeds of such tax or taxes
received during that month from billings and assessments, or
associated with tax returns or reports filed during that month, to be
returned to the county or transit authority levying the tax or taxes.
The amount to be returned to each county and transit authority shall
be a fraction of the aggregate amount of money collected with respect
to each area in which one or more of such taxes are concurrently in
effect with the tax levied by section 5739.02 of the Revised Code.
The numerator of the fraction is the rate of the tax levied by the
county or transit authority and the denominator of the fraction is
the aggregate rate of such taxes applicable to such area. The amount
to be returned to each county or transit authority shall be reduced
by the amount of any refunds of county or transit authority tax paid
pursuant to section 5739.07 of the Revised Code during the same
month, or transfers made pursuant to division (B)(2) of section
5703.052 of the Revised Code.
(2)
On a periodic basis, using the best information available, the tax
commissioner shall distribute any amount of a county or transit
authority tax that cannot be distributed under division (B)(1) of
this section. Through audit or other means, the commissioner shall
attempt to obtain the information necessary to make the distribution
as provided under that division and, on receipt of that information,
shall make adjustments to distributions previously made under this
division.
(3)
Eight and thirty-three one-hundredths of one per cent of the revenue
collected from the tax due under division (A) of section 5739.029 of
the Revised Code shall be distributed to the county where the sale of
the motor vehicle is sitused under section 5739.033 of the Revised
Code. The amount to be so distributed to the county shall be
apportioned on the basis of the rates of taxes the county levies
pursuant to sections 5739.021 and 5739.026 of the Revised Code, as
applicable, and shall be credited to the funds of the county as
provided in divisions (A) and (B) of section 5739.211 of the Revised
Code.
(C)
The aggregate amount to be returned to any county or transit
authority shall be reduced by one per cent, which shall be certified
directly to the credit of the local sales tax administrative fund,
which is hereby created in the state treasury. For the purpose of
determining the amount to be returned to a county and transit
authority in which the rate of tax imposed by the transit authority
has been reduced under section 5739.028 of the Revised Code, the tax
commissioner shall use the respective rates of tax imposed by the
county or transit authority that results from the change in the rates
authorized under that section.
(D)
The director of budget and management shall transfer, from the same
funds and in the same proportions specified in division (A) of this
section, to the permissive tax distribution fund created by division
(B)(1) of section 4301.423 of the Revised Code and to the local sales
tax administrative fund, the amounts certified by the tax
commissioner. The tax commissioner shall then, on or before the
twentieth day of the month in which such certification is made,
provide for payment of such respective amounts to the county
treasurer and to the fiscal officer of the transit authority levying
the tax or taxes. The amount transferred to the local sales tax
administrative fund is for use by the tax commissioner in defraying
costs incurred in administering such taxes levied by a county or
transit authority.
Sec.
5739.27.
(A)
Terms used in this section have the same meanings as in section
3796.01 of the Revised Code.
(B)
For the purpose of funding the needs of the state and local
governments that host adult-use marijuana dispensaries, an excise tax
is levied on the retail sale of adult-use marijuana. The rate of the
tax shall equal ten per cent of the price of adult-use marijuana and
is in addition to other taxes levied under this chapter or Chapter
5741. of the Revised Code.
(C)
The tax shall be paid by the consumer to the vendor at the time of
the sale, and the vendor shall report and remit the tax to the state
in the same manner and at the same time the vendor reports and remits
the tax levied under section 5739.02 of the Revised Code. The return
required by this division shall be filed on a form prescribed by the
tax commissioner, which shall be separate from the return required to
be filed under section 5739.12 of the Revised Code. A vendor with no
sales of adult-use marijuana for a reporting period is not required
to file this separate return. For all purposes of the Revised Code,
the tax levied under this section shall be considered a tax levied
under section 5739.02 of the Revised Code.
(D)
For the same purpose as the tax levied under division (B) of this
section, a tax is levied on a vendor that sells any marijuana other
than adult-use marijuana or medical marijuana to a consumer. That tax
equals ten per cent of the price of such marijuana, and the consumer
and vendor are liable for any amounts, including tax, interest, and
penalties, imposed under this section and chapter in the same manner
as vendors subject to the tax imposed under division (B) of this
section.
(E)
All amounts collected from a tax levied under this section shall be
deposited into the marijuana receipts fund, which is created in the
state treasury. Investment earnings of the marijuana receipts fund
shall be credited to that fund.
From
the marijuana receipts fund, the director of budget and management
shall transfer as needed to the tax refund fund amounts equal to the
refunds attributable to the tax levied under this section and
certified by the tax commissioner under section 5739.07 of the
Revised Code.
(F)
After making any transfers required under divisions (E) and (G) of
this section, the director of budget and management shall transfer
amounts remaining in the marijuana receipts fund to the general
revenue fund.
(G)
Beginning in fiscal year 2026, and for the following four fiscal
years, the director of budget and management shall distribute twenty
per cent of funds in the marijuana receipts fund, after making any
transfers required under division (E) of this section, to the host
community cannabis fund, which is created in the state treasury, for
the benefit of municipal corporations or townships that have not
prohibited or limited adult-use dispensaries under section 3780.25 of
the Revised Code, as that section existed immediately before its
repeal by this act, before March 1, 2025. Distributions to such
municipal corporations and townships shall be based on the portion of
the tax levied under division (B) of this section attributable to
each municipal corporation or township. Municipal corporations and
townships receiving funds under this division may use such funds for
any lawful purpose.
Distributions
under this division shall be made by the end of each month based on
tax collections from the preceding month. The tax commissioner shall
make data available to the director of the office of budget and
management for this purpose and the director of budget and management
shall provide for payment of those amounts to municipal corporations
and townships as required.
Sec.
5739.99.
(A)
Whoever violates section 5739.26 or 5739.29 of the Revised Code shall
be fined not less than twenty-five nor more than one hundred dollars
for a first offense; for each subsequent offense such person shall,
if a corporation, be fined not less than one hundred nor more than
five hundred dollars, or if an individual, or a member of a
partnership, firm, or association, be fined not less than twenty-five
nor more than one hundred dollars, or imprisoned not more than sixty
days, or both.
(B)
Whoever violates division (A) of section 5739.30 of the Revised Code
shall be fined not less than one hundred nor more than one thousand
dollars, or imprisoned not more than sixty days, or both.
(C)(1)
Whoever violates division (A)(1) of section 5739.31 of the Revised
Code shall be fined not less than twenty-five nor more than one
hundred dollars. If the offender previously has been convicted of a
violation of division (A)(1) of section 5739.31 of the Revised Code,
the offender is guilty of a felony of the fourth degree.
(2)
Whoever violates division (A)(2) of section 5739.31 of the Revised
Code shall be fined not less than one hundred dollars nor more than
five hundred dollars, or imprisoned for not more than ten days, or
both, for the first offense; for each subsequent offense, each such
person shall be fined not less than one thousand dollars nor more
than twenty-five hundred dollars, or imprisoned not more than thirty
days, or both. The motor vehicles and goods of any person charged
with violating division (A)(2) of section 5739.31 of the Revised Code
may be impounded and held pending the disposition of the charge, and
may be sold at auction by the county sheriff in the manner prescribed
by law to satisfy any fine imposed by this division.
(3)
Whoever violates division (B) of section 5739.31 of the Revised Code
is guilty of a felony of the fourth degree. Each day that business is
conducted while a vendor's license is suspended constitutes a
separate offense.
(D)
Except as otherwise provided in this section, whoever violates
sections 5739.01 to 5739.31 of the Revised Code, or any lawful rule
promulgated by the department of taxation under authority of such
sections, shall be fined not less than twenty-five nor more than one
hundred dollars.
(E)
Whoever violates section 5739.12 of the Revised Code by failing to
remit to the state the tax collected under section 5739.02, 5739.021,
5739.023,
or
5739.026
,
or 5739.27
of the Revised Code is guilty of a felony of the fourth degree and
shall suffer the loss of the person's vendor's license as required by
section 5739.17 of the Revised Code. A person shall not be eligible
for a vendor's license for two years following conviction.
(F)
Whoever violates division (E) of section 5739.17 of the Revised Code
is guilty of failure to display a transient vendor's license, a minor
misdemeanor. A sheriff or police officer in a municipal corporation
may enforce this division. The prosecuting attorney of a county shall
inform the tax commissioner of any instance when a complaint is
brought against a transient vendor pursuant to this division.
(G)
Whoever violates section 5739.103 of the Revised Code shall be fined
not less than twenty-five nor more than one hundred dollars. If the
offender previously has been convicted of violating that section, the
offender is guilty of a felony of the fourth degree.
(H)
The penalties provided in this section are in addition to any
penalties imposed by the tax commissioner under section 5739.133 of
the Revised Code.
Section
2.
That
existing sections 9.79, 519.21, 928.01, 928.03, 3376.07, 3796.01,
3796.02, 3796.03, 3796.05, 3796.06, 3796.07, 3796.09, 3796.10,
3796.12, 3796.13, 3796.14, 3796.15, 3796.17, 3796.18, 3796.19,
3796.20, 3796.21, 3796.22, 3796.23, 3796.24, 3796.27, 3796.28,
3796.29, 3796.30, 3796.31, 4735.18, 4796.25, 5502.01, 5502.13,
5502.14, 5713.30, 5739.21, and 5739.99 of the Revised Code are hereby
repealed.
Section
3.
That
sections 3780.01, 3780.02, 3780.03, 3780.04, 3780.05, 3780.06,
3780.07, 3780.08, 3780.09, 3780.10, 3780.11, 3780.12, 3780.13,
3780.14, 3780.15, 3780.16, 3780.17, 3780.18, 3780.19, 3780.20,
3780.21, 3780.22, 3780.23, 3780.24, 3780.25, 3780.26, 3780.27,
3780.28, 3780.29, 3780.30, 3780.31, 3780.32, 3780.33, 3780.34,
3780.35, 3780.36, 3780.90, 3780.99, and 3796.021 of the Revised Code
are hereby repealed.
Section
4.
(A)
All rules adopted by the Division of Cannabis Control pursuant to
Chapter 3780. of the Revised Code, as that chapter existed
immediately before the effective date of this section, and that are
not in conflict with the requirements of this act, continue in effect
until repealed or amended by the Division of Marijuana Control. The
Director of the Legislative Service Commission shall renumber rules
adopted under Chapter 3780. of the Revised Code to reflect the
transfer of authority to Chapter 3796. of the Revised Code, as
amended by this act.
(B)
Any rules that are pending before the Common Sense Initiative or the
Joint Committee on Agency Rule Review on the effective date of this
section that were proposed by the Division of Cannabis Control under
Chapter 3780. of the Revised Code, as that chapter existed
immediately before the effective date of this section, shall be
treated as having been proposed by the Division of Marijuana Control
under Chapter 3796. of the Revised Code.
(C)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in a rule adopted
by the Division of Marijuana Control in accordance with Chapter 3796.
of the Revised Code, as amended by this act, during the period
beginning on the effective date of this section and ending twelve
months after that date is not subject to sections 121.95 to 121.953
of the Revised Code.
Section
5.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:
Section
519.21 of the Revised Code as amended by both H.B. 523 and S.B. 75 of
the 131st General Assembly.
Section
5739.99 of the Revised Code as amended by both S.B. 143 and S.B. 200
of the 124th General Assembly.