Revise medical and adult-use marijuana laws; levy marijuana taxes

(136th General Assembly)

(Amended
Substitute Senate Bill Number 56)

AN
ACT

To amend sections 9.79,
109.572, 121.04, 121.08, 131.02, 519.21, 715.013, 928.02, 928.03,
928.04, 2925.01, 3376.07, 3719.01, 3719.41, 3796.01, 3796.02,
3796.021, 3796.03, 3796.032, 3796.05, 3796.06, 3796.061, 3796.07,
3796.08, 3796.09, 3796.10, 3796.11, 3796.12, 3796.13, 3796.14,
3796.15, 3796.16, 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, 4506.01, 4729.01, 4729.80, 4735.18, 4776.01, 4796.25,
5502.01, 5502.13, 5502.14, 5703.052, and 5713.30; to amend, for the
purpose of adopting a new section number as indicated in parentheses,
section 3780.37 (3796.34); to enact new section 928.01 and sections
928.031, 928.08, 2953.321, 3779.21, 3779.211, 3779.22, 3779.23,
3779.24, 3779.25, 3779.26, 3779.27, 3779.28, 3779.29, 3779.30,
3779.99, 3796.04, 3796.062, 3796.221, 3796.32, 3796.33, 3796.40,
3796.99, and 5119.171; and to repeal sections 928.01, 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, 3780.20, 3780.21, 3780.22, 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; and to repeal the versions of sections 3779.21,
3779.211, 3779.22, 3779.23, 3779.24, 3779.25, 3779.26, 3779.27,
3779.28, 3779.29, 3779.30, and 3779.99 of the Revised Code enacted by
this act effective December 31, 2026, to revise specified provisions
of the liquor control, hemp, and adult-use marijuana laws, and to
make an appropriation, and to amend section 4506.01 of the Revised
Code effective December 31, 2026, to revise the law governing
commercial driver's licenses.

Be
it enacted by the General Assembly of the State of Ohio:

Section
1.
That
sections 9.79, 109.572
,
121.04, 121.08
,
131.02, 519.21, 715.013,
928.02
,
928.03
,
928.04, 2925.01
,
3376.07
,
3719.01, 3719.41
,
3796.01, 3796.02
,
3796.021
,
3796.03
,
3796.032
,
3796.05, 3796.06
,
3796.061
,
3796.07
,
3796.08
,
3796.09, 3796.10
,
3796.11
,
3796.12, 3796.13, 3796.14, 3796.15
,
3796.16
,
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, 4506.01
,
4729.01, 4729.80
,
4735.18
,
4776.01
,
4796.25, 5502.01, 5502.13, 5502.14, 5703.052,
and

5713.30
be amended; section 3780.37 (3796.34) be amended for the purpose of
adopting a new section number as indicated in parentheses;

and
new section 928.01

and
sections
928.031,

928.08,
2953.321, 3779.21
,
3779.211
,
3779.22, 3779.23, 3779.24, 3779.25, 3779.26, 3779.27, 3779.28,
3779.29, 3779.30, 3779.99, 3796.04, 3796.062, 3796.221, 3796.32,
3796.33, 3796.40, 3796.99, and 5119.171 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 cannabis 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.
109.572.
(A)(1)
Upon receipt of a request pursuant to section 121.08, 3301.32,
3301.541, or 3319.39 of the Revised Code, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:

(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041,
2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2923.17, 2923.21, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041,
2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31,
2925.32, 2925.36, 2925.37, or 3716.11 of the Revised Code, felonious
sexual penetration in violation of former section 2907.12 of the
Revised Code, a violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, or a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense;

(b)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses listed in division (A)(1)(a) of this section;

(c)
If the request is made pursuant to section 3319.39 of the Revised
Code for an applicant who is a teacher, any offense specified under
section 9.79 of the Revised Code or in section 3319.31 of the Revised
Code.

(2)
On receipt of a request pursuant to section 3712.09 or 3721.121 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions obtained
in the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect to
any person who has applied for employment in a position for which a
criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty to
any of the following:

(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07,
2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,
2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13,
2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or
3716.11 of the Revised Code;

(b)
An existing or former law of this state, any other state, or the
United States that is substantially equivalent to any of the offenses
listed in division (A)(2)(a) of this section.

(3)
On receipt of a request pursuant to section 173.27, 173.38, 173.381,
3740.11, 5119.34, 5164.34, 5164.341, 5164.342, 5123.081, or 5123.169
of the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions obtained
in the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check of the person
for whom the request is made. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of, has pleaded guilty to, or (except
in the case of a request pursuant to section 5164.34, 5164.341, or
5164.342 of the Revised Code) has been found eligible for
intervention in lieu of conviction for any of the following,
regardless of the date of the conviction, the date of entry of the
guilty plea, or (except in the case of a request pursuant to section
5164.34, 5164.341, or 5164.342 of the Revised Code) the date the
person was found eligible for intervention in lieu of conviction:

(a)
A violation of section 959.13, 959.131, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 2905.02,
2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22,
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,
2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31,
2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441,
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01,
2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.124,
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,
2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or
3716.11 of the Revised Code;

(b)
Felonious sexual penetration in violation of former section 2907.12
of the Revised Code;

(c)
A violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996;

(d)
A violation of section 2923.01, 2923.02, or 2923.03 of the Revised
Code when the underlying offense that is the object of the
conspiracy, attempt, or complicity is one of the offenses listed in
divisions (A)(3)(a) to (c) of this section;

(e)
A violation of an existing or former municipal ordinance or law of
this state, any other state, or the United States that is
substantially equivalent to any of the offenses listed in divisions
(A)(3)(a) to (d) of this section.

(4)
On receipt of a request pursuant to section 2151.86, 2151.904, or
5103.053 of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty to
any of the following:

(a)
A violation of section 959.13, 2151.421, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13,
2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.32, 2903.34,
2905.01, 2905.02, 2905.05, 2905.32, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2923.17,
2923.21, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06,
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36,
2925.37, 2927.12, or 3716.11 of the Revised Code, a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, a violation of section 2919.23 of the Revised Code that would
have been a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, had the violation been committed prior
to that date, a violation of section 2925.11 of the Revised Code that
is not a minor drug possession offense, two or more OVI or OVUAC
violations committed within the three years immediately preceding the
submission of the application or petition that is the basis of the
request, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code, or a violation of Chapter 2919.
of the Revised Code that is a felony;

(b)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses listed in division (A)(4)(a) of this section.

(5)
Upon receipt of a request pursuant to section 5104.013 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request has been
convicted of or pleaded guilty to any of the following:

(a)
A violation of section 2151.421, 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34,
2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04, 2909.05,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2917.01,
2917.02, 2917.03, 2917.31, 2919.12, 2919.22, 2919.224, 2919.225,
2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.14, 2921.34,
2921.35, 2923.01, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious
sexual penetration in violation of former section 2907.12 of the
Revised Code, a violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of section
2925.11 of the Revised Code that is not a minor drug possession
offense, a violation of section 2923.02 or 2923.03 of the Revised
Code that relates to a crime specified in this division, or a second
violation of section 4511.19 of the Revised Code within five years of
the date of application for licensure or certification.

(b)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses or violations described in division (A)(5)(a) of this
section.

(6)
Upon receipt of a request pursuant to section 5153.111 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:

(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07,
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual penetration
in violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed prior
to July 1, 1996, a violation of section 2919.23 of the Revised Code
that would have been a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, had the violation been
committed prior to that date, or a violation of section 2925.11 of
the Revised Code that is not a minor drug possession offense;

(b)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses listed in division (A)(6)(a) of this section.

(7)
On receipt of a request for a criminal records check from an
individual pursuant to section 4749.03 or 4749.06 of the Revised
Code, accompanied by a completed copy of the form prescribed in
division (C)(1) of this section and a set of fingerprint impressions
obtained in a manner described in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists indicating that the person who is the subject of
the request has been convicted of or pleaded guilty to any criminal
offense in this state or in any other state. If the individual
indicates that a firearm will be carried in the course of business,
the superintendent shall require information from the federal bureau
of investigation as described in division (B)(2) of this section.
Subject to division (F) of this section, the superintendent shall
report the findings of the criminal records check and any information
the federal bureau of investigation provides to the director of
public safety.

(8)
On receipt of a request pursuant to section 1321.37, 1321.53, or
4763.05 of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect to
any person who has applied for a license, permit, or certification
from the department of commerce or a division in the department. The
superintendent shall conduct the criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty to
any criminal offense in this state, any other state, or the United
States.

(9)
On receipt of a request for a criminal records check from the
treasurer of state under section 113.041 of the Revised Code or from
an individual under section 928.03, 4701.08, 4715.101, 4717.061,
4725.121, 4725.501, 4729.071, 4729.53, 4729.90, 4729.92, 4730.101,
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4747.051, 4751.20,
4751.201, 4751.21, 4753.061, 4755.70, 4757.101, 4759.061, 4760.032,
4760.06, 4761.051, 4762.031, 4762.06, 4774.031, 4774.06, 4776.021,
4778.04, 4778.07, 4779.091, or 4783.04 of the Revised Code,
accompanied by a completed form prescribed under division (C)(1) of
this section and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request has been convicted of or pleaded guilty to any
criminal offense in this state or any other state. Subject to
division (F) of this section, the superintendent shall send the
results of a check requested under section 113.041 of the Revised
Code to the treasurer of state and shall send the results of a check
requested under any of the other listed sections to the licensing
board specified by the individual in the request.

(10)
On receipt of a request pursuant to section 124.74, 718.131, 1121.23,
1315.141, 1733.47, or 1761.26 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in division
(C)(2) of this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any criminal offense under any
existing or former law of this state, any other state, or the United
States.

(11)
On receipt of a request for a criminal records check from an
appointing or licensing authority under section 3772.07 of the
Revised Code, a completed form prescribed under division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner prescribed in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty or
no contest to any offense under any existing or former law of this
state, any other state, or the United States that makes the person
ineligible for appointment or retention under section 3772.07 of the
Revised Code or that is a disqualifying offense as defined in that
section or substantially equivalent to a disqualifying offense, as
applicable.

(12)
On receipt of a request pursuant to section 2151.33 or 2151.412 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions obtained
in the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect to
any person for whom a criminal records check is required under that
section. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to determine
whether any information exists that indicates that the person who is
the subject of the request previously has been convicted of or
pleaded guilty to any of the following:

(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02,
2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07,
2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,
2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13,
2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or
3716.11 of the Revised Code;

(b)
An existing or former law of this state, any other state, or the
United States that is substantially equivalent to any of the offenses
listed in division (A)(12)(a) of this section.

(13)
On receipt of a request pursuant to section 3796.12 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in a manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to a disqualifying
offense as specified in rules adopted under
section
9.79 and
division
(B)(2)(b) of section 3796.03 of the Revised Code if the person who is
the subject of the request is an administrator or other person
responsible for the daily operation of, or an owner or prospective
owner, officer or prospective officer, or board member or prospective
board member of, an entity seeking a license from the department of
commerce under Chapter 3796. of the Revised Code.

(14)
On receipt of a request required by section 3796.13 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in a manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to a disqualifying
offense as specified in rules adopted under

section
9.79 and

division
(B)(14)(a)
(B)

of section 3796.03 of the Revised Code if the person who is the
subject of the request is seeking employment with an entity licensed
by the department of commerce under Chapter 3796. of the Revised
Code.

(15)
On receipt of a request pursuant to section 4768.06 of the Revised
Code, a completed form prescribed under division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists indicating
that the person who is the subject of the request has been convicted
of or pleaded guilty to any criminal offense in this state or in any
other state.

(16)
On receipt of a request pursuant to division (B) of section 4764.07
or division (A) of section 4735.143 of the Revised Code, a completed
form prescribed under division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in division
(C)(2) of this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists indicating that the person
who is the subject of the request has been convicted of or pleaded
guilty to any criminal offense in any state or the United States.

(17)
On receipt of a request for a criminal records check under section
147.022 of the Revised Code, a completed form prescribed under
division (C)(1) of this section, and a set of fingerprint impressions
obtained in the manner prescribed in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty or
no contest to any criminal offense under any existing or former law
of this state, any other state, or the United States.

(18)
Upon receipt of a request pursuant to division (F) of section
2915.081 or division (E) of section 2915.082 of the Revised Code, a
completed form prescribed under division (C)(1) of this section, and
a set of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this section
to determine whether any information exists indicating that the
person who is the subject of the request has been convicted of or
pleaded guilty or no contest to any offense that is a violation of
Chapter 2915. of the Revised Code or to any offense under any
existing or former law of this state, any other state, or the United
States that is substantially equivalent to such an offense.

(19)
On receipt of a request pursuant to section 3775.03 of the Revised
Code, a completed form prescribed under division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section and shall request information from the federal bureau of
investigation to determine whether any information exists indicating
that the person who is the subject of the request has been convicted
of any offense under any existing or former law of this state, any
other state, or the United States that is a disqualifying offense as
defined in section 3772.07 of the Revised Code.

(B)
Subject to division (F) of this section, the superintendent shall
conduct any criminal records check to be conducted under this section
as follows:

(1)
The superintendent shall review or cause to be reviewed any relevant
information gathered and compiled by the bureau under division (A) of
section 109.57 of the Revised Code that relates to the person who is
the subject of the criminal records check, including, if the criminal
records check was requested under section 113.041, 121.08, 124.74,
173.27, 173.38, 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37,
1321.53, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,
3740.11, 3712.09, 3721.121, 3772.07, 3775.03, 3796.12, 3796.13,
4729.071, 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05,
4764.07, 4768.06, 5103.053, 5104.013, 5164.34, 5164.341, 5164.342,
5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant
information contained in records that have been sealed under section
2953.32 of the Revised Code;

(2)
If the request received by the superintendent asks for information
from the federal bureau of investigation, the superintendent shall
request from the federal bureau of investigation any information it
has with respect to the person who is the subject of the criminal
records check, including fingerprint-based checks of national crime
information databases as described in 42 U.S.C. 671 if the request is
made pursuant to section 2151.86, 5103.053, or 5104.013 of the
Revised Code or if any other Revised Code section requires
fingerprint-based checks of that nature, and shall review or cause to
be reviewed any information the superintendent receives from that
bureau. If a request under section 3319.39 of the Revised Code asks
only for information from the federal bureau of investigation, the
superintendent shall not conduct the review prescribed by division
(B)(1) of this section.

(3)
The superintendent or the superintendent's designee may request
criminal history records from other states or the federal government
pursuant to the national crime prevention and privacy compact set
forth in section 109.571 of the Revised Code.

(4)
The superintendent shall include in the results of the criminal
records check a list or description of the offenses listed or
described in the relevant provision of division (A) of this section.
The superintendent shall exclude from the results any information the
dissemination of which is prohibited by federal law.

(5)
The superintendent shall send the results of the criminal records
check to the person to whom it is to be sent not later than the
following number of days after the date the superintendent receives
the request for the criminal records check, the completed form
prescribed under division (C)(1) of this section, and the set of
fingerprint impressions obtained in the manner described in division
(C)(2) of this section:

(a)
If the superintendent is required by division (A) of this section
(other than division (A)(3) of this section) to conduct the criminal
records check, thirty;

(b)
If the superintendent is required by division (A)(3) of this section
to conduct the criminal records check, sixty.

(C)(1)
The superintendent shall prescribe a form to obtain the information
necessary to conduct a criminal records check from any person for
whom a criminal records check is to be conducted under this section.
The form that the superintendent prescribes pursuant to this division
may be in a tangible format, in an electronic format, or in both
tangible and electronic formats.

(2)
The superintendent shall prescribe standard impression sheets to
obtain the fingerprint impressions of any person for whom a criminal
records check is to be conducted under this section. Any person for
whom a records check is to be conducted under this section shall
obtain the fingerprint impressions at a county sheriff's office,
municipal police department, or any other entity with the ability to
make fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or entity
may charge the person a reasonable fee for making the impressions.
The standard impression sheets the superintendent prescribes pursuant
to this division may be in a tangible format, in an electronic
format, or in both tangible and electronic formats.

(3)
Subject to division (D) of this section, the superintendent shall
prescribe and charge a reasonable fee for providing a criminal
records check under this section. The person requesting the criminal
records check shall pay the fee prescribed pursuant to this division.
In the case of a request under section 1121.23, 1155.03, 1163.05,
1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or 5164.34 of the
Revised Code, the fee shall be paid in the manner specified in that
section.

(4)
The superintendent of the bureau of criminal identification and
investigation may prescribe methods of forwarding fingerprint
impressions and information necessary to conduct a criminal records
check, which methods shall include, but not be limited to, an
electronic method.

(D)
The results of a criminal records check conducted under this section,
other than a criminal records check specified in division (A)(7) of
this section, are valid for the person who is the subject of the
criminal records check for a period of one year from the date upon
which the superintendent completes the criminal records check. If
during that period the superintendent receives another request for a
criminal records check to be conducted under this section for that
person, the superintendent shall provide the results from the
previous criminal records check of the person at a lower fee than the
fee prescribed for the initial criminal records check.

(E)
When the superintendent receives a request for information from a
registered private provider, the superintendent shall proceed as if
the request was received from a school district board of education
under section 3319.39 of the Revised Code. The superintendent shall
apply division (A)(1)(c) of this section to any such request for an
applicant who is a teacher.

(F)(1)
Subject to division (F)(2) of this section, all information regarding
the results of a criminal records check conducted under this section
that the superintendent reports or sends under division (A)(7) or (9)
of this section to the director of public safety, the treasurer of
state, or the person, board, or entity that made the request for the
criminal records check shall relate to the conviction of the subject
person, or the subject person's plea of guilty to, a criminal
offense.

(2)
Division (F)(1) of this section does not limit, restrict, or preclude
the superintendent's release of information that relates to the
arrest of a person who is eighteen years of age or older, to an
adjudication of a child as a delinquent child, or to a criminal
conviction of a person under eighteen years of age in circumstances
in which a release of that nature is authorized under division
(E)(2), (3), or (4) of section 109.57 of the Revised Code pursuant to
a rule adopted under division (E)(1) of that section.

(G)
As used in this section:

(1)
"Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B) of
this section.

(2)
"Minor drug possession offense" has the same meaning as in
section 2925.01 of the Revised Code.

(3)
"OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or former
law of this state, any other state, or the United States that is
substantially equivalent to section 4511.19 of the Revised Code.

(4)
"Registered private provider" means a nonpublic school or
entity registered with the department of education and workforce
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code to
participate in the Jon Peterson special needs scholarship program.

Sec.
121.04.
Offices
are created within the several departments as follows:

In
the department of commerce:

Commissioner
of securities;

Superintendent
of real estate and professional licensing;

Superintendent
of financial institutions;

State
fire marshal;

Superintendent
of industrial compliance;

Superintendent
of liquor control;

Superintendent
of unclaimed funds;

Superintendent
of
marijuana

cannabis

control.

In
the department of administrative services:

Equal
employment opportunity coordinator.

In
the department of agriculture:

Chiefs
of divisions as follows:

Administration;

Animal
health;

Livestock
environmental permitting;

Soil
and water conservation;

Dairy;

Food
safety;

Plant
health;

Markets;

Meat
inspection;

Consumer
protection laboratory;

Amusement
ride safety;

Enforcement;

Weights
and measures.

In
the department of natural resources:

Chiefs
of divisions as follows:

Mineral
resources management;

Oil
and gas resources management;

Forestry;

Natural
areas and preserves;

Wildlife;

Geological
survey;

Parks
and watercraft;

Water
resources;

Engineering.

In
the department of insurance:

Deputy
superintendent of insurance;

Assistant
superintendent of insurance, technical;

Assistant
superintendent of insurance, administrative;

Assistant
superintendent of insurance, research.

Sec.
121.08.
(A)
There is hereby created in the department of commerce the position of
deputy director of administration. This officer shall be appointed by
the director of commerce, serve under the director's direction,
supervision, and control, perform the duties the director prescribes,
and hold office during the director's pleasure. The director of
commerce may designate an assistant director of commerce to serve as
the deputy director of administration. The deputy director of
administration shall perform the duties prescribed by the director of
commerce in supervising the activities of the division of
administration of the department of commerce.

(B)
Except as provided in section 121.07 of the Revised Code, the
department of commerce shall have all powers and perform all duties
vested in the deputy director of administration, the state fire
marshal, the superintendent of financial institutions, the
superintendent of real estate and professional licensing, the
superintendent of liquor control, the superintendent of industrial
compliance, the superintendent of unclaimed funds, the superintendent
of
marijuana

cannabis

control,
and the commissioner of securities, and shall have all powers and
perform all duties vested by law in all officers, deputies, and
employees of those offices. Except as provided in section 121.07 of
the Revised Code, wherever powers are conferred or duties imposed
upon any of those officers, the powers and duties shall be construed
as vested in the department of commerce.

(C)(1)
There is hereby created in the department of commerce a division of
financial institutions, which shall have all powers and perform all
duties vested by law in the superintendent of financial institutions.
Wherever powers are conferred or duties imposed upon the
superintendent of financial institutions, those powers and duties
shall be construed as vested in the division of financial
institutions. The division of financial institutions shall be
administered by the superintendent of financial institutions.

(2)
All provisions of law governing the superintendent of financial
institutions shall apply to and govern the superintendent of
financial institutions provided for in this section; all authority
vested by law in the superintendent of financial institutions with
respect to the management of the division of financial institutions
shall be construed as vested in the superintendent of financial
institutions created by this section with respect to the division of
financial institutions provided for in this section; and all rights,
privileges, and emoluments conferred by law upon the superintendent
of financial institutions shall be construed as conferred upon the
superintendent of financial institutions as head of the division of
financial institutions. The director of commerce shall not transfer
from the division of financial institutions any of the functions
specified in division (C)(2) of this section.

(D)
There is hereby created in the department of commerce a division of
liquor control, which shall have all powers and perform all duties
vested by law in the superintendent of liquor control. Wherever
powers are conferred or duties are imposed upon the superintendent of
liquor control, those powers and duties shall be construed as vested
in the division of liquor control. The division of liquor control
shall be administered by the superintendent of liquor control.

(E)
The director of commerce shall not be interested, directly or
indirectly, in any firm or corporation which is a dealer in
securities as defined in sections 1707.01 and 1707.14 of the Revised
Code, or in any firm or corporation licensed under sections 1321.01
to 1321.19 of the Revised Code.

(F)
The director of commerce shall not have any official connection with
a savings and loan association, a savings bank, a bank, a bank
holding company, a savings and loan association holding company, a
consumer finance company, or a credit union that is under the
supervision of the division of financial institutions, or a
subsidiary of any of the preceding entities, or be interested in the
business thereof.

(G)
There is hereby created in the state treasury the division of
administration fund. The fund shall receive assessments on the
operating funds of the department of commerce in accordance with
procedures prescribed by the director of commerce. All operating
expenses of the division of administration shall be paid from the
division of administration fund.

(H)
There is hereby created in the department of commerce a division of
real estate and professional licensing, which shall be under the
control and supervision of the director of commerce. The division of
real estate and professional licensing shall be administered by the
superintendent of real estate and professional licensing. The
superintendent of real estate and professional licensing shall
exercise the powers and perform the functions and duties delegated to
the superintendent under Chapters 4735., 4763., 4764., 4767., and
4768. of the Revised Code.

(I)
There is hereby created in the department of commerce a division of
industrial compliance, which shall have all powers and perform all
duties vested by law in the superintendent of industrial compliance.
Wherever powers are conferred or duties imposed upon the
superintendent of industrial compliance, those powers and duties
shall be construed as vested in the division of industrial
compliance. The division of industrial compliance shall be under the
control and supervision of the director of commerce and be
administered by the superintendent of industrial compliance.

(J)
There is hereby created in the department of commerce a division of
unclaimed funds, which shall have all powers and perform all duties
delegated to or vested by law in the superintendent of unclaimed
funds. Wherever powers are conferred or duties imposed upon the
superintendent of unclaimed funds, those powers and duties shall be
construed as vested in the division of unclaimed funds. The division
of unclaimed funds shall be under the control and supervision of the
director of commerce and shall be administered by the superintendent
of unclaimed funds. The superintendent of unclaimed funds shall
exercise the powers and perform the functions and duties delegated to
the superintendent by the director of commerce under section 121.07
and Chapter 169. of the Revised Code, and as may otherwise be
provided by law.

(K)
There is hereby created in the department of commerce a division of

marijuana

cannabis

control,
which shall have all powers and perform all duties vested by law in
the superintendent of
marijuana

cannabis

control.
Wherever powers are conferred or duties are imposed upon the
superintendent of
marijuana

cannabis

control,
those powers and duties shall be construed as vested in the division
of
marijuana

cannabis

control.
The division of
marijuana

cannabis

control
shall be under the control and supervision of the director of
commerce and be administered by the superintendent of
marijuana

cannabis

control.

(L)
The department of commerce or a division of the department created by
the Revised Code that is acting with authorization on the
department's behalf may request from the bureau of criminal
identification and investigation pursuant to section 109.572 of the
Revised Code, or coordinate with appropriate federal, state, and
local government agencies to accomplish, criminal records checks for
the persons whose identities are required to be disclosed by an
applicant for the issuance or transfer of a permit, license,
certificate of registration, or certification issued or transferred
by the department or division. At or before the time of making a
request for a criminal records check, the department or division may
require any person whose identity is required to be disclosed by an
applicant for the issuance or transfer of such a license, permit,
certificate of registration, or certification to submit to the
department or division valid fingerprint impressions in a format and
by any media or means acceptable to the bureau of criminal
identification and investigation and, when applicable, the federal
bureau of investigation. The department or division may cause the
bureau of criminal identification and investigation to conduct a
criminal records check through the federal bureau of investigation
only if the person for whom the criminal records check would be
conducted resides or works outside of this state or has resided or
worked outside of this state during the preceding five years, or if a
criminal records check conducted by the bureau of criminal
identification and investigation within this state indicates that the
person may have a criminal record outside of this state.

In
the case of a criminal records check under section 109.572 of the
Revised Code, the department or division shall forward to the bureau
of criminal identification and investigation the requisite form,
fingerprint impressions, and fee described in division (C) of that
section. When requested by the department or division in accordance
with this section, the bureau of criminal identification and
investigation shall request from the federal bureau of investigation
any information it has with respect to the person who is the subject
of the requested criminal records check and shall forward the
requisite fingerprint impressions and information to the federal
bureau of investigation for that criminal records check. After
conducting a criminal records check or receiving the results of a
criminal records check from the federal bureau of investigation, the
bureau of criminal identification and investigation shall provide the
results to the department or division.

The
department or division may require any person about whom a criminal
records check is requested to pay to the department or division the
amount necessary to cover the fee charged to the department or
division by the bureau of criminal identification and investigation
under division (C)(3) of section 109.572 of the Revised Code,
including, when applicable, any fee for a criminal records check
conducted by the federal bureau of investigation.

(M)
The director of commerce, or the director's designee, may adopt rules
to enhance compliance with statutes pertaining to, and rules adopted
by, divisions under the direction, supervision, and control of the
department or director by offering incentive-based programs that
ensure safety and soundness while promoting growth and prosperity in
the state.

Sec.
131.02.
(A)
Except as otherwise provided in section 4123.37, section 5703.061,
and division (K) of section 4123.511 of the Revised Code, whenever
any amount is payable to the state, the officer, employee, or agent
responsible for administering the law under which the amount is
payable shall immediately proceed to collect the amount or cause the
amount to be collected and shall pay the amount into the state
treasury or into the appropriate custodial fund in the manner set
forth pursuant to section 113.08 of the Revised Code. Except as
otherwise provided in this division, if the amount is not paid within
forty-five days after payment is due, the officer, employee, or agent
shall certify the amount due to the attorney general, in the form and
manner prescribed by the attorney general. In the case of an amount
payable by a student enrolled in a state institution of higher
education, the amount shall be certified within the later of
forty-five days after the amount is due or the tenth day after the
beginning of the next academic semester, quarter, or other session
following the session for which the payment is payable. The attorney
general may assess the collection cost to the amount certified in
such manner and amount as prescribed by the attorney general. If an
amount payable to a political subdivision is past due, the political
subdivision may, with the approval of the attorney general, certify
the amount to the attorney general pursuant to this section.

For
the purposes of this section, the attorney general and the officer,
employee, or agent responsible for administering the law under which
the amount is payable shall agree on the time a payment is due, and
that agreed upon time shall be one of the following times:

(1)
If a law, including an administrative rule, of this state prescribes
the time a payment is required to be made or reported, when the
payment is required by that law to be paid or reported.

(2)
If the payment is for services rendered, when the rendering of the
services is completed.

(3)
If the payment is reimbursement for a loss, when the loss is
incurred.

(4)
In the case of a fine or penalty for which a law or administrative
rule does not prescribe a time for payment, when the fine or penalty
is first assessed.

(5)
If the payment arises from a legal finding, judgment, or adjudication
order, when the finding, judgment, or order is rendered or issued.

(6)
If the payment arises from an overpayment of money by the state to
another person, when the overpayment is discovered.

(7)
The date on which the amount for which an individual is personally
liable under section 5735.35, section 5739.33, or division (G) of
section 5747.07 of the Revised Code is determined.

(8)
Upon proof of claim being filed in a bankruptcy case.

(9)
Any other appropriate time determined by the attorney general and the
officer, employee, or agent responsible for administering the law
under which the amount is payable on the basis of statutory
requirements or ordinary business processes of the agency,
institution, or political subdivision to which the payment is owed.

(B)(1)
The attorney general shall give immediate notice by mail or otherwise
to the party indebted of the nature and amount of the indebtedness.

(2)
If the amount payable to this state arises from a tax levied under
Chapter
3796.,

5733.,
5739., 5741., 5747., or 5751. of the Revised Code, the notice also
shall specify all of the following:

(a)
The assessment or case number;

(b)
The tax pursuant to which the assessment is made;

(c)
The reason for the liability, including, if applicable, that a
penalty or interest is due;

(d)
An explanation of how and when interest will be added to the amount
assessed;

(e)
That the attorney general and tax commissioner, acting together, have
the authority, but are not required, to compromise the claim and
accept payment over a reasonable time, if such actions are in the
best interest of the state.

(C)
The attorney general shall collect the claim or secure a judgment and
issue an execution for its collection.

(D)
Each claim shall bear interest, from the day on which the claim
became due, at the rate per annum required by section 5703.47 of the
Revised Code.

(E)
The attorney general and the chief officer of the agency reporting a
claim, acting together, may do any of the following if such action is
in the best interests of the state:

(1)
Compromise the claim;

(2)
Extend for a reasonable period the time for payment of the claim by
agreeing to accept monthly or other periodic payments. The agreement
may require security for payment of the claim.

(3)
Add fees to recover the cost of processing checks or other draft
instruments returned for insufficient funds and the cost of providing
electronic payment options.

(F)(1)
Except as provided in division (F)(2) of this section, if the
attorney general finds, after investigation, that any claim due and
owing to the state is uncollectible, the attorney general, with the
consent of the chief officer of the agency reporting the claim, may
do the following:

(a)
Sell, convey, or otherwise transfer the claim to one or more private
entities for collection;

(b)
Cancel the claim or cause it to be canceled.

(2)
The attorney general shall cancel or cause to be canceled an
unsatisfied claim on the date that is forty years after the date the
claim is certified, unless the attorney general has adopted a rule
under division (F)(5) of this section shortening this time frame with
respect to a subset of claims.

(3)
No initial action shall be commenced to collect any tax payable to
the state that is administered by the tax commissioner, whether or
not such tax is subject to division (B) of this section, or any
penalty, interest, or additional charge on such tax, after the
expiration of the period ending on the later of the dates specified
in divisions (F)(3)(a) and (b) of this section, provided that such
period shall be extended by the period of any stay to such collection
or by any other period to which the parties mutually agree. If the
initial action in aid of execution is commenced before the later of
the dates specified in divisions (F)(3)(a) and (b) of this section,
any and all subsequent actions may be pursued in aid of execution of
judgment for as long as the debt exists.

(a)
Seven years after the assessment of the tax, penalty, interest, or
additional charge is issued.

(b)
Four years after the assessment of the tax, penalty, interest, or
additional charge becomes final. For the purposes of division
(F)(3)(b) of this section, the assessment becomes final at the latest
of the following: upon expiration of the period to petition for
reassessment, or if applicable, to appeal a final determination of
the commissioner or decision of the board of tax appeals or a court,
or, if applicable, upon decision of the United States supreme court.

For
the purposes of division (F)(3) of this section, an initial action to
collect a tax debt is commenced at the time when a certified copy of
the tax commissioner's entry making an assessment final has been
filed in the office of the clerk of court of common pleas in the
county in which the taxpayer resides or has its principal place of
business in this state, or in the office of the clerk of court of
common pleas of Franklin county, as provided in section 5739.13,
5741.14, 5747.13, or 5751.09 of the Revised Code or in any other
applicable law requiring such a filing. If an assessment has not been
issued and there is no time limitation on the issuance of an
assessment under applicable law, an action to collect a tax debt
commences when the action is filed in the courts of this state to
collect the liability.

(4)
If information contained in a claim that is sold, conveyed, or
transferred to a private entity pursuant to this section is
confidential pursuant to federal law or a section of the Revised Code
that implements a federal law governing confidentiality, such
information remains subject to that law during and following the
sale, conveyance, or transfer.

(5)
The attorney general may adopt rules to aid in the implementation of
this section.

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.
715.013.
(A)
Except as otherwise expressly authorized by the Revised Code, no
municipal corporation shall levy a tax that is the same as or similar
to a tax levied under Chapter 322., 3734., 3769.,
3796.,

4123.,
4141., 4301., 4303., 4305., 4307., 4309., 5707., 5725., 5726., 5727.,
5728., 5729., 5731., 5735., 5736., 5737., 5739., 5741., 5743., 5747.,
5749., or 5751. of the Revised Code.

(B)
No municipal corporation may impose any tax, fee, assessment, or
other charge on auxiliary containers, on the sale, use, or
consumption of such containers, or on the basis of receipts received
from the sale of such containers. As used in this division,
"auxiliary container" has the same meaning as in section
3767.32 of the Revised Code.

(C)
This section does not prohibit a municipal corporation from levying
an income tax or withholding tax in accordance with Chapter 718. of
the Revised Code, or a tax on any of the following:

(1)
Amounts received for admission to any place;

(2)
The income of an electric company or combined company, as defined in
section 5727.01 of the Revised Code;

(3)
On and after January 1, 2004, the income of a telephone company, as
defined in section 5727.01 of the Revised Code.

Sec.
928.01.
As
used in this chapter:

(A)
"Container" means the innermost wrapping, packaging, or
vessel in direct contact with a final hemp-derived cannabinoid
product in which the final hemp-derived cannabinoid product is
enclosed for retail sale to consumers, such as a jar, bottle, bag,
box, packet, can, carton, or cartridge. "Container" does
not include bulk shipping containers or outer wrappings that are not
essential for the final retail delivery or sale to an end consumer
for personal or household use.

(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 total tetrahydrocannabinols
concentration, including tetrahydrocannabinolic acid, of not more
than three-tenths per cent on a dry weight basis. "Hemp"
includes industrial hemp. "Hemp" does not include any of
the following:

(1)
Any viable seeds from a Cannabis sativa L. plant that exceeds a total
tetrahydrocannabinols concentration, including tetrahydrocannabinolic
acid, of three-tenths per cent in the plant on a dry weight basis;

(2)
Any intermediate hemp-derived cannabinoid product containing any of
the following:

(a)
Cannabinoids that are not capable of being naturally produced by a
Cannabis sativa L. plant;

(b)
Cannabinoids that are capable of being naturally produced by a
Cannabis sativa L. plant and were synthesized or manufactured outside
the plant;

(c)
More than three-tenths per cent combined total of total
tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any
other cannabinoids that have similar effects or are marketed to have
similar effects on humans or animals as a tetrahydrocannabinol as
established by the superintendent of cannabis control in lists
adopted under section 928.031 of the Revised Code.

(3)
Any intermediate hemp-derived cannabinoid product that is marketed or
sold as a final product or directly to an end consumer for personal
or household use;

(4)
Any final hemp-derived cannabinoid product containing any of the
following:

(a)
Cannabinoids that are not capable of being naturally produced by a
Cannabis sativa L. plant;

(b)
Cannabinoids that are capable of being naturally produced by a
Cannabis sativa L. plant and were synthesized or manufactured outside
the plant;

(c)
Greater than four-tenths of a milligram combined total per container
of total tetrahydrocannabinols, including tetrahydrocannabinolic
acid, and any other cannabinoids that have similar effects, or are
marketed to have similar effects, on humans or animals as a
tetrahydrocannabinol as established by the superintendent of cannabis
control in lists adopted under section 928.031 of the Revised Code.

(D)
"Hemp cultivation license" means a license to cultivate
hemp issued under section 928.02 of the Revised Code.

(E)
"Hemp-derived cannabinoid product" means any intermediate
or final product derived from hemp, other than industrial hemp, that
contains cannabinoids in any form and is intended for human or animal
use through any means of application or administration, such as
inhalation, ingestion, or topical application. "Hemp-derived
cannabinoid product" does not include a drug that is the subject
of an application approved under subsection (c) or (j) of 21 U.S.C.
355.

(F)
"Hemp processing license" means a license to process hemp
issued under section 928.02 of the Revised Code.

(G)
"Industrial hemp" means hemp to which any of the following
apply:

(1)
It is grown for the use of the stalk of the plant, fiber produced
from such a stalk, or any other non-cannabinoid derivative, mixture,
preparation, or manufacture of such a stalk;

(2)
It is grown for the use of the whole grain, oil, cake, nut, hull, or
any other non-cannabinoid compound, derivative, mixture, preparation,
or manufacture of the seeds of such plant;

(3)
It is grown for purposes of producing microgreens or other edible
hemp leaf products intended for human consumption that are derived
from an immature hemp plant that is grown from seeds that do not
exceed the threshold for total tetrahydrocannabinols concentration
specified in division (C)(1) of this section;

(4)
It is a plant that does not enter the stream of commerce and is
intended to support hemp research at a university or an independent
research institute as the term "independent research institute"
is defined by the director under section 928.031 of the Revised Code;

(5)
It is grown for the use of a viable seed of the plant produced solely
for the production or manufacture of any material described in
division (H)(1) to (4) of this section.

(H)
"Intermediate hemp-derived cannabinoid product" means a
hemp-derived cannabinoid product that is either of the following:

(1)
Not yet in the final form or preparation marketed or intended to be
used or consumed by a human or animal;

(2)
A powder, liquid, tablet, oil, or other product form that is intended
or marketed to be mixed, dissolved, formulated, or otherwise added to
or prepared with or into any other substance prior to administration
or consumption.

(J)
"Marihuana" has the same meaning as in section 3719.01 of
the Revised Code.

(I)
"Medical marijuana" has the same meaning as in section
3796.01 of the Revised Code.

(J)
"Process" or "processing" means converting hemp
into a hemp product.

(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.

Sec.
928.02.
(A)(1)
The director of agriculture may establish a program to monitor and
regulate hemp cultivation and shall establish a program to monitor
and regulate hemp processing in this state.

(2)
If the director establishes a program to monitor and regulate hemp
cultivation in this state and subsequently intends to transfer
authority to the United States department of agriculture to monitor
and regulate hemp cultivation in this state, the director shall take
whatever actions necessary to effectuate such transfer.

(3)
If the director implements a program to monitor and regulate hemp
cultivation under division (A)(1) of this section, the director shall
issue hemp cultivation licenses in accordance with rules adopted
under section 928.03 of the Revised Code.

(4)
If the director implements a program to monitor and regulate hemp
cultivation under division (A)(1) of this section and as authorized
by the director, the department of agriculture or a university may
cultivate hemp without a hemp cultivation license for research
purposes.

(5)
As authorized by the director, the department of agriculture or a
university may process hemp without a hemp processing license for
research purposes.

(B)
If the director implements a program to monitor and regulate hemp
cultivation under division (A)(1) of this section and except as
authorized under division (A)(4) or (E) of this section, any person
that wishes to cultivate hemp shall apply for and obtain a hemp
cultivation license from the director in accordance with rules
adopted under section 928.03 of the Revised Code. Except as
authorized under division (A)(5) or (E) of this section, any person
that wishes to process hemp shall apply for and obtain a hemp
processing license from the director in accordance with those rules.
Such licenses are valid for three years unless earlier suspended or
revoked by the director.

(C)
The department, a university, or any person may, without a hemp
cultivation license or hemp processing license, possess, buy, or sell
hemp or a
product
made with
hemp

product
.

(D)
Notwithstanding any other provision of the Revised Code to the
contrary, the addition of hemp or a
product
made with
hemp

product

to
any other product does not adulterate that other product.

(E)
If the director implements a program to monitor and regulate hemp
cultivation under division (A)(1) of this section, the director shall
issue a hemp cultivation license in accordance with Chapter 4796. of
the Revised Code to an individual if either of the following applies:

(1)
The individual holds the applicable license in another state.

(2)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a hemp cultivator in a state that does not issue the
applicable license.

(F)
The director shall issue a hemp processing license in accordance with
Chapter 4796. of the Revised Code to an individual if either of the
following applies:

(1)
The individual holds the applicable license in another state.

(2)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a hemp processor in a state that does not issue the
applicable license.

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 processing. The director also shall adopt such
rules, in consultation with the governor and attorney general,
regarding hemp cultivation if the director implements a program to
monitor and regulate hemp cultivation under division (A)(1) of
section 928.02 of the Revised Code. 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

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

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
or
adult-use 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
or
adult-use 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
products
made with
hemp

products
;

(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
products
made with
hemp

products
;

(BB)

A
definition of "independent research institute" for purposes
of section 928.01 of the Revised Code;

(CC)

Any
other requirements or procedures necessary to administer and enforce
this chapter.

Sec.
928.031.
(A)
The superintendent of cannabis control, in consultation with the
director of agriculture, shall establish the following lists for
purposes of section 928.01 of the Revised Code:

(1)
Cannabinoids known to be capable of being naturally produced by a
Cannabis sativa L. plant;

(2)
Tetrahydrocannabinol class cannabinoids known to the superintendent
to be naturally occurring in the plant Cannabis sativa L.;

(3)
All other known cannabinoids with similar effects to, or marketed to
have similar effects to, tetrahydrocannabinol class cannabinoids;

(4)
Any additional cannabinoids that have similar effects or are marketed
to have similar effects on humans or animals as a
tetrahydrocannabinol.

(B)
The superintendent, in consultation with the director of agriculture,
shall establish any additional information and specificity about the
term "container" as defined under section 928.01 of the
Revised Code.

(C)
When congress, or pursuant to the federal hemp laws in 7 U.S.C. 139o,
et. seq., the secretary of the United States department of health and
human services, or the United States food and drug administration, as
applicable, adds, changes, or removes anything from any of the lists
of items established in the division (A) of this section, then such
addition, change, or removal is automatically effected in the
corresponding list, subject to amendment pursuant to division (D) of
this section and the superintendent shall immediately publish an
updated list containing the change.

(D)
The superintendent may add, change, or remove any of the items
included in the lists established in division (A) of this section. In
so doing, the superintendent shall review any determinations made by
the federal government in any corresponding changes it has made and
determine whether the changes are in accordance with Ohio law, the
current scientific knowledge of the material at issue, and the risk
to the public health.

(E)
Upon initial publication of the lists established in division (A) of
this section and upon any addition, change, or removal in division
(C) or (D) of this section, the superintendent, in consultation with
the director, shall adopt a rule under Chapter 119. of the Revised
Code, to codify the list. The rule shall be filed with the joint
committee on agency rule review within six months of the list being
adopted or changed.

Sec.
928.04.
(A)
Except as authorized under division (A)(4) or (5) of section 928.02
of the Revised Code, no person shall cultivate hemp without a hemp
cultivation license issued by the director of agriculture under this
chapter, if the director implements a program to monitor and regulate
hemp cultivation under division (A)(1) of section 928.02 of the
Revised Code, or process hemp without a hemp processing license
issued by the director of agriculture under this chapter.

(B)
No person who holds a hemp cultivation license or hemp processing
license issued by the director under this chapter shall violate this
chapter or rules adopted under it.

(C)
No person subject to a corrective action plan issued by the director
of agriculture under section 928.05 of the Revised Code shall fail to
comply with the plan.

(D)
No person shall transport hemp or a
product
made with
hemp

product

in
violation of rules adopted under section 928.03 of the Revised Code.

Sec.
928.08.
The
department of agriculture, in consultation and in cooperation with
the Ohio investigative unit in the department of public safety, shall
enforce this chapter.

Sec.
2925.01.
As
used in this chapter:

(A)
"Administer," "controlled substance," "controlled
substance analog," "dispense," "distribute,"
"hypodermic," "manufacturer," "official
written order," "person," "pharmacist,"
"pharmacy," "sale," "schedule I,"
"schedule II," "schedule III," "schedule
IV," "schedule V," and "wholesaler" have the
same meanings as in section 3719.01 of the Revised Code.

(B)
"Drug of abuse" and "person with a drug dependency"
have the same meanings as in section 3719.011 of the Revised Code.

(C)
"Drug," "dangerous drug," "licensed health
professional authorized to prescribe drugs," and "prescription"
have the same meanings as in section 4729.01 of the Revised Code.

(D)
"Bulk amount" of a controlled substance means any of the
following:

(1)
For any compound, mixture, preparation, or substance included in
schedule I, schedule II, or schedule III, with the exception of any
controlled substance analog, marihuana, cocaine, L.S.D., heroin, any
fentanyl-related compound, and hashish and except as provided in
division (D)(2), (5), or (6) of this section, whichever of the
following is applicable:

(a)
An amount equal to or exceeding ten grams or twenty-five unit doses
of a compound, mixture, preparation, or substance that is or contains
any amount of a schedule I opiate or opium derivative;

(b)
An amount equal to or exceeding ten grams of a compound, mixture,
preparation, or substance that is or contains any amount of raw or
gum opium;

(c)
An amount equal to or exceeding thirty grams or ten unit doses of a
compound, mixture, preparation, or substance that is or contains any
amount of a schedule I hallucinogen other than tetrahydrocannabinol
or lysergic acid amide, or a schedule I stimulant or depressant;

(d)
An amount equal to or exceeding twenty grams or five times the
maximum daily dose in the usual dose range specified in a standard
pharmaceutical reference manual of a compound, mixture, preparation,
or substance that is or contains any amount of a schedule II opiate
or opium derivative;

(e)
An amount equal to or exceeding five grams or ten unit doses of a
compound, mixture, preparation, or substance that is or contains any
amount of phencyclidine;

(f)
An amount equal to or exceeding one hundred twenty grams or thirty
times the maximum daily dose in the usual dose range specified in a
standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule II stimulant that is in a final dosage form manufactured by
a person authorized by the "Federal Food, Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and the
federal drug abuse control laws, as defined in section 3719.01 of the
Revised Code, that is or contains any amount of a schedule II
depressant substance or a schedule II hallucinogenic substance;

(g)
An amount equal to or exceeding three grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule II stimulant, or any of its salts or isomers, that is not in
a final dosage form manufactured by a person authorized by the
Federal Food, Drug, and Cosmetic Act and the federal drug abuse
control laws.

(2)
An amount equal to or exceeding one hundred twenty grams or thirty
times the maximum daily dose in the usual dose range specified in a
standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule III or IV substance other than an anabolic steroid or a
schedule III opiate or opium derivative;

(3)
An amount equal to or exceeding twenty grams or five times the
maximum daily dose in the usual dose range specified in a standard
pharmaceutical reference manual of a compound, mixture, preparation,
or substance that is or contains any amount of a schedule III opiate
or opium derivative;

(4)
An amount equal to or exceeding two hundred fifty milliliters or two
hundred fifty grams of a compound, mixture, preparation, or substance
that is or contains any amount of a schedule V substance;

(5)
An amount equal to or exceeding two hundred solid dosage units,
sixteen grams, or sixteen milliliters of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule III anabolic steroid;

(6)
For any compound, mixture, preparation, or substance that is a
combination of a fentanyl-related compound and any other compound,
mixture, preparation, or substance included in schedule III, schedule
IV, or schedule V, if the defendant is charged with a violation of
section 2925.11 of the Revised Code and the sentencing provisions set
forth in divisions (C)(10)(b) and (C)(11) of that section will not
apply regarding the defendant and the violation, the bulk amount of
the controlled substance for purposes of the violation is the amount
specified in division (D)(1), (2), (3), (4), or (5) of this section
for the other schedule III, IV, or V controlled substance that is
combined with the fentanyl-related compound.

(E)
"Unit dose" means an amount or unit of a compound, mixture,
or preparation containing a controlled substance that is separately
identifiable and in a form that indicates that it is the amount or
unit by which the controlled substance is separately administered to
or taken by an individual.

(F)
"Cultivate" includes planting, watering, fertilizing, or
tilling.

(G)
"Drug abuse offense" means any of the following:

(1)
A violation of division (A) of section 2913.02 that constitutes theft
of drugs, or a violation of section 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.22,
2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 2925.37 of the
Revised Code;

(2)
A violation of an existing or former law of this or any other state
or of the United States that is substantially equivalent to any
section listed in division (G)(1) of this section;

(3)
An offense under an existing or former law of this or any other
state, or of the United States, of which planting, cultivating,
harvesting, processing, making, manufacturing, producing, shipping,
transporting, delivering, acquiring, possessing, storing,
distributing, dispensing, selling, inducing another to use,
administering to another, using, or otherwise dealing with a
controlled substance is an element;

(4)
A conspiracy to commit, attempt to commit, or complicity in
committing or attempting to commit any offense under division (G)(1),
(2), or (3) of this section.

(H)
"Felony drug abuse offense" means any drug abuse offense
that would constitute a felony under the laws of this state, any
other state, or the United States.

(I)
"Harmful intoxicant" does not include beer or intoxicating
liquor but means any of the following:

(1)
Any compound, mixture, preparation, or substance the gas, fumes, or
vapor of which when inhaled can induce intoxication, excitement,
giddiness, irrational behavior, depression, stupefaction, paralysis,
unconsciousness, asphyxiation, or other harmful physiological
effects, and includes, but is not limited to, any of the following:

(a)
Any volatile organic solvent, plastic cement, model cement,
fingernail polish remover, lacquer thinner, cleaning fluid, gasoline,
or other preparation containing a volatile organic solvent;

(b)
Any aerosol propellant;

(c)
Any fluorocarbon refrigerant;

(d)
Any anesthetic gas.

(2)
Gamma Butyrolactone;

(3)
1,4 Butanediol.

(J)
"Manufacture" means to plant, cultivate, harvest, process,
make, prepare, or otherwise engage in any part of the production of a
drug, by propagation, extraction, chemical synthesis, or compounding,
or any combination of the same, and includes packaging, repackaging,
labeling, and other activities incident to production.

(K)
"Possess" or "possession" means having control
over a thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation of
the premises upon which the thing or substance is found.

(L)
"Sample drug" means a drug or pharmaceutical preparation
that would be hazardous to health or safety if used without the
supervision of a licensed health professional authorized to prescribe
drugs, or a drug of abuse, and that, at one time, had been placed in
a container plainly marked as a sample by a manufacturer.

(M)
"Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of references that
are approved by the state board of pharmacy.

(N)
"Juvenile" means a person under eighteen years of age.

(O)
"Counterfeit controlled substance" means any of the
following:

(1)
Any drug that bears, or whose container or label bears, a trademark,
trade name, or other identifying mark used without authorization of
the owner of rights to that trademark, trade name, or identifying
mark;

(2)
Any unmarked or unlabeled substance that is represented to be a
controlled substance manufactured, processed, packed, or distributed
by a person other than the person that manufactured, processed,
packed, or distributed it;

(3)
Any substance that is represented to be a controlled substance but is
not a controlled substance or is a different controlled substance;

(4)
Any substance other than a controlled substance that a reasonable
person would believe to be a controlled substance because of its
similarity in shape, size, and color, or its markings, labeling,
packaging, distribution, or the price for which it is sold or offered
for sale.

(P)
An offense is "committed in the vicinity of a school" if
the offender commits the offense on school premises, in a school
building, or within one thousand feet of the boundaries of any school
premises, regardless of whether the offender knows the offense is
being committed on school premises, in a school building, or within
one thousand feet of the boundaries of any school premises.

(Q)
"School" means any school operated by a board of education,
any community school established under Chapter 3314. of the Revised
Code, or any nonpublic school for which the director of education and
workforce prescribes minimum standards under section 3301.07 of the
Revised Code, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted at
the time a criminal offense is committed.

(R)
"School premises" means either of the following:

(1)
The parcel of real property on which any school is situated, whether
or not any instruction, extracurricular activities, or training
provided by the school is being conducted on the premises at the time
a criminal offense is committed;

(2)
Any other parcel of real property that is owned or leased by a board
of education of a school, the governing authority of a community
school established under Chapter 3314. of the Revised Code, or the
governing body of a nonpublic school for which the director of
education and workforce prescribes minimum standards under section
3301.07 of the Revised Code and on which some of the instruction,
extracurricular activities, or training of the school is conducted,
whether or not any instruction, extracurricular activities, or
training provided by the school is being conducted on the parcel of
real property at the time a criminal offense is committed.

(S)
"School building" means any building in which any of the
instruction, extracurricular activities, or training provided by a
school is conducted, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted in
the school building at the time a criminal offense is committed.

(T)
"Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and discipline
of the supreme court under the Rules for the Government of the Bar of
Ohio.

(U)
"Certified grievance committee" means a duly constituted
and organized committee of the Ohio state bar association or of one
or more local bar associations of the state of Ohio that complies
with the criteria set forth in Rule V, section 6 of the Rules for the
Government of the Bar of Ohio.

(V)
"Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (37) of this
section and that qualifies a person as a professionally licensed
person.

(W)
"Professionally licensed person" means any of the
following:

(1)
A person who has received a certificate or temporary certificate as a
certified public accountant or who has registered as a public
accountant under Chapter 4701. of the Revised Code and who holds an
Ohio permit issued under that chapter;

(2)
A person who holds a certificate of qualification to practice
architecture issued or renewed and registered under Chapter 4703. of
the Revised Code;

(3)
A person who is registered as a landscape architect under Chapter
4703. of the Revised Code or who holds a permit as a landscape
architect issued under that chapter;

(4)
A person licensed under Chapter 4707. of the Revised Code;

(5)
A person who has been issued a barber's license, barber instructor's
license, assistant barber instructor's license, or independent
contractor's license under Chapter 4709. of the Revised Code;

(6)
A person licensed and regulated to engage in the business of a debt
pooling company by a legislative authority, under authority of
Chapter 4710. of the Revised Code;

(7)
A person who has been issued a cosmetologist's license, hair
designer's license, manicurist's license, esthetician's license,
natural hair stylist's license, advanced license to practice
cosmetology, advanced license to practice hair design, advanced
license to practice manicuring, advanced license to practice
esthetics, advanced license to practice natural hair styling,
cosmetology instructor's license, hair design instructor's license,
manicurist instructor's license, esthetics instructor's license,
natural hair style instructor's license, independent contractor's
license, or tanning facility permit under Chapter 4713. of the
Revised Code;

(8)
A person who has been issued a license to practice dentistry, a
general anesthesia permit, a conscious sedation permit, a limited
resident's license, a limited teaching license, a dental hygienist's
license, or a dental hygienist's teacher's certificate under Chapter
4715. of the Revised Code;

(9)
A person who has been issued an embalmer's license, a funeral
director's license, a funeral home license, or a crematory license,
or who has been registered for an embalmer's or funeral director's
apprenticeship under Chapter 4717. of the Revised Code;

(10)
A person who has been licensed as a registered nurse or practical
nurse, or who has been issued a certificate for the practice of
nurse-midwifery under Chapter 4723. of the Revised Code;

(11)
A person who has been licensed to practice optometry or to engage in
optical dispensing under Chapter 4725. of the Revised Code;

(12)
A person licensed to act as a pawnbroker under Chapter 4727. of the
Revised Code;

(13)
A person licensed to act as a precious metals dealer under Chapter
4728. of the Revised Code;

(14)
A person licensed under Chapter 4729. of the Revised Code as a
pharmacist or pharmacy intern or registered under that chapter as a
registered pharmacy technician, certified pharmacy technician, or
pharmacy technician trainee;

(15)
A person licensed under Chapter 4729. of the Revised Code as a
manufacturer of dangerous drugs, outsourcing facility, third-party
logistics provider, repackager of dangerous drugs, wholesale
distributor of dangerous drugs, or terminal distributor of dangerous
drugs;

(16)
A person who is authorized to practice as a physician assistant under
Chapter 4730. of the Revised Code;

(17)
A person who has been issued a license to practice medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and
surgery under Chapter 4731. of the Revised Code or has been issued a
certificate to practice a limited branch of medicine under that
chapter;

(18)
A person licensed as a psychologist, independent school psychologist,
or school psychologist under Chapter 4732. of the Revised Code;

(19)
A person registered to practice the profession of engineering or
surveying under Chapter 4733. of the Revised Code;

(20)
A person who has been issued a license to practice chiropractic under
Chapter 4734. of the Revised Code;

(21)
A person licensed to act as a real estate broker or real estate
salesperson under Chapter 4735. of the Revised Code;

(22)
A person registered as a registered environmental health specialist
under Chapter 3776. of the Revised Code;

(23)
A person licensed to operate or maintain a junkyard under Chapter
4737. of the Revised Code;

(24)
A person who has been issued a motor vehicle salvage dealer's license
under Chapter 4738. of the Revised Code;

(25)
A person who has been licensed to act as a steam engineer under
Chapter 4739. of the Revised Code;

(26)
A person who has been issued a license or temporary permit to
practice veterinary medicine or any of its branches, or who is
registered as a graduate animal technician under Chapter 4741. of the
Revised Code;

(27)
A person who has been issued a hearing aid dealer's or fitter's
license or trainee permit under Chapter 4747. of the Revised Code;

(28)
A person who has been issued a class A, class B, or class C license
or who has been registered as an investigator or security guard
employee under Chapter 4749. of the Revised Code;

(29)
A person licensed to practice as a nursing home administrator under
Chapter 4751. of the Revised Code;

(30)
A person licensed to practice as a speech-language pathologist or
audiologist under Chapter 4753. of the Revised Code;

(31)
A person issued a license as an occupational therapist or physical
therapist under Chapter 4755. of the Revised Code;

(32)
A person who is licensed as a licensed professional clinical
counselor, licensed professional counselor, social worker,
independent social worker, independent marriage and family therapist,
or marriage and family therapist, or registered as a social work
assistant under Chapter 4757. of the Revised Code;

(33)
A person issued a license to practice dietetics under Chapter 4759.
of the Revised Code;

(34)
A person who has been issued a license or limited permit to practice
respiratory therapy under Chapter 4761. of the Revised Code;

(35)
A person who has been issued a real estate appraiser certificate
under Chapter 4763. of the Revised Code;

(36)
A person who has been issued a home inspector license under Chapter
4764. of the Revised Code;

(37)
A person who has been admitted to the bar by order of the supreme
court in compliance with its prescribed and published rules;

(38)
A person who has been issued a license to practice as a certified
mental health assistant under Chapter 4772. of the Revised Code.

(X)
"Cocaine" means any of the following:

(1)
A cocaine salt, isomer, or derivative, a salt of a cocaine isomer or
derivative, or the base form of cocaine;

(2)
Coca leaves or a salt, compound, derivative, or preparation of coca
leaves, including ecgonine, a salt, isomer, or derivative of
ecgonine, or a salt of an isomer or derivative of ecgonine;

(3)
A salt, compound, derivative, or preparation of a substance
identified in division (X)(1) or (2) of this section that is
chemically equivalent to or identical with any of those substances,
except that the substances shall not include decocainized coca leaves
or extraction of coca leaves if the extractions do not contain
cocaine or ecgonine.

(Y)
"L.S.D." means lysergic acid diethylamide.

(Z)
"Hashish" means a resin or a preparation of a resin to
which both of the following apply:

(1)
It is contained in or derived from any part of the plant of the genus
cannabis, whether in solid form or in a liquid concentrate, liquid
extract, or liquid distillate form.

(2)
It has a delta-9 tetrahydrocannabinol concentration of more than
three-tenths per cent.

"Hashish"
does not include a hemp byproduct in the possession of a licensed
hemp processor under Chapter 928. of the Revised Code, provided that
the hemp byproduct is being produced, stored, and disposed of in
accordance with rules adopted under section 928.03 of the Revised
Code.

(AA)
"Marihuana" has the same meaning as in section 3719.01 of
the Revised Code, except that it does not include hashish.

(BB)
An offense is "committed in the vicinity of a juvenile" if
the offender commits the offense within one hundred feet of a
juvenile or within the view of a juvenile, regardless of whether the
offender knows the age of the juvenile, whether the offender knows
the offense is being committed within one hundred feet of or within
view of the juvenile, or whether the juvenile actually views the
commission of the offense.

(CC)
"Presumption for a prison term" or "presumption that a
prison term shall be imposed" means a presumption, as described
in division (D) of section 2929.13 of the Revised Code, that a prison
term is a necessary sanction for a felony in order to comply with the
purposes and principles of sentencing under section 2929.11 of the
Revised Code.

(DD)
"Major drug offender" has the same meaning as in section
2929.01 of the Revised Code.

(EE)
"Minor drug possession offense" means either of the
following:

(1)
A violation of section 2925.11 of the Revised Code as it existed
prior to July 1, 1996;

(2)
A violation of section 2925.11 of the Revised Code as it exists on
and after July 1, 1996, that is a misdemeanor or a felony of the
fifth degree.

(FF)
"Mandatory prison term" has the same meaning as in section
2929.01 of the Revised Code.

(GG)
"Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.

(HH)
"Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation, business,
amusement, or resort.

(II)
"Methamphetamine" means methamphetamine, any salt, isomer,
or salt of an isomer of methamphetamine, or any compound, mixture,
preparation, or substance containing methamphetamine or any salt,
isomer, or salt of an isomer of methamphetamine.

(JJ)
"Deception" has the same meaning as in section 2913.01 of
the Revised Code.

(KK)
"Fentanyl-related compound" means any of the following:

(1)
Fentanyl;

(2)
Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-
piperidyl]propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);

(3)
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide);

(4)
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]
-N-phenylpropanamide);

(5)
Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl]-N- phenylpropanamide);

(6)
3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
phenylpropanamide);

(7)
3-methylthiofentanyl (N-[3-methyl-1-[2-(thienyl)ethyl]-4-
piperidinyl]-N-phenylpropanamide);

(8)
Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-
piperidinyl]propanamide;

(9)
Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-
propanamide;

(10)
Alfentanil;

(11)
Carfentanil;

(12)
Remifentanil;

(13)
Sufentanil;

(14)
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
piperidinyl]-N-phenylacetamide); and

(15)
Any compound that meets all of the following fentanyl pharmacophore
requirements to bind at the mu receptor, as identified by a report
from an established forensic laboratory, including acetylfentanyl,
furanylfentanyl, valerylfentanyl, butyrylfentanyl,
isobutyrylfentanyl, 4-methoxybutyrylfentanyl,
para-fluorobutyrylfentanyl, acrylfentanyl, and ortho-fluorofentanyl:

(a)
A chemical scaffold consisting of both of the following:

(i)
A five, six, or seven member ring structure containing a nitrogen,
whether or not further substituted;

(ii)
An attached nitrogen to the ring, whether or not that nitrogen is
enclosed in a ring structure, including an attached aromatic ring or
other lipophilic group to that nitrogen.

(b)
A polar functional group attached to the chemical scaffold, including
but not limited to a hydroxyl, ketone, amide, or ester;

(c)
An alkyl or aryl substitution off the ring nitrogen of the chemical
scaffold; and

(d)
The compound has not been approved for medical use by the United
States food and drug administration.

(LL)
"First degree felony mandatory prison term" means one of
the definite prison terms prescribed in division (A)(1)(b) of section
2929.14 of the Revised Code for a felony of the first degree, except
that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means one of the minimum
prison terms prescribed in division (A)(1)(a) of that section for a
felony of the first degree.

(MM)
"Second degree felony mandatory prison term" means one of
the definite prison terms prescribed in division (A)(2)(b) of section
2929.14 of the Revised Code for a felony of the second degree, except
that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means one of the minimum
prison terms prescribed in division (A)(2)(a) of that section for a
felony of the second degree.

(NN)
"Maximum first degree felony mandatory prison term" means
the maximum definite prison term prescribed in division (A)(1)(b) of
section 2929.14 of the Revised Code for a felony of the first degree,
except that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means the longest minimum
prison term prescribed in division (A)(1)(a) of that section for a
felony of the first degree.

(OO)
"Maximum second degree felony mandatory prison term" means
the maximum definite prison term prescribed in division (A)(2)(b) of
section 2929.14 of the Revised Code for a felony of the second
degree, except that if the violation for which sentence is being
imposed is committed on or after March 22, 2019, it means the longest
minimum prison term prescribed in division (A)(2)(a) of that section
for a felony of the second degree.

(PP)
"Delta-9 tetrahydrocannabinol"
has
the same meaning as in section 928.01 of the Revised Code
means
the sum of the percentage by weight of tetrahydrocannabinolic acid
multiplied by 0.877 plus the percentage by weight of delta-9
tetrahydrocannabinol
.

(QQ)
An offense is "committed in the vicinity of a substance
addiction services provider or a recovering addict" if either of
the following apply:

(1)
The offender commits the offense on the premises of a substance
addiction services provider's facility, including a facility licensed
prior to June 29, 2019, under section 5119.391 of the Revised Code to
provide methadone treatment or an opioid treatment program licensed
on or after that date under section 5119.37 of the Revised Code, or
within five hundred feet of the premises of a substance addiction
services provider's facility and the offender knows or should know
that the offense is being committed within the vicinity of the
substance addiction services provider's facility.

(2)
The offender sells, offers to sell, delivers, or distributes the
controlled substance or controlled substance analog to a person who
is receiving treatment at the time of the commission of the offense,
or received treatment within thirty days prior to the commission of
the offense, from a substance addiction services provider and the
offender knows that the person is receiving or received that
treatment.

(RR)
"Substance addiction services provider" means an agency,
association, corporation or other legal entity, individual, or
program that provides one or more of the following at a facility:

(1)
Either alcohol addiction services, or drug addiction services, or
both such services that are certified by the director of mental
health and addiction services under section 5119.36 of the Revised
Code;

(2)
Recovery supports that are related to either alcohol addiction
services, or drug addiction services, or both such services and paid
for with federal, state, or local funds administered by the
department of
mental
health and addiction services
behavioral
health
or
a board of alcohol, drug addiction, and mental health services.

(SS)
"Premises of a substance addiction services provider's facility"
means the parcel of real property on which any substance addiction
service provider's facility is situated.

(TT)
"Alcohol and drug addiction services" has the same meaning
as in section 5119.01 of the Revised Code.

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 the
defendant named in a dismissed complaint, indictment, or information
for or was convicted of or has pleaded guilty to either of the
following, the person may file an application under this section
requesting an expungement of the record of conviction or official
records in the case:

(1)
A violation of division (C)(3)(a) or (C)(7)(a) or (b) of section
2925.11 of the Revised Code;

(2)
A violation of division (C)(7)(c) or (d) of section 2925.11 of the
Revised Code involving possession of not more than fifteen grams of
hashish.

(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 or expungement of the
person's official records in the case. 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, the plea of guilty to, or the
dismissal of charges for that offense, and the court in which the
conviction occurred, the plea of guilty was entered, or the charges
were dismissed;

(2)
Include evidence that the offense or charge was a violation of
division (C)(3)(a) or (C)(7)(a) or (b) of section 2925.11 of the
Revised Code or a violation of division (C)(7)(c) or (d) of section
2925.11 of the Revised Code involving not more than fifteen grams of
hashish and that the conviction, plea of guilty, or dismissal
occurred prior to the effective date of this section;

(3)
Include a request for expungement of the record of conviction or
official records of that offense under this section.

(D)(1)
Upon the filing of an application under division (C) of this section
and the payment of the fee described in division (G) 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.

(2)
The court shall hold the hearing not less than forty-five days and
not more than ninety days after the date of the filing of the
application.

(E)
At the hearing held under division (D) of this section, the court
shall do all of the following:

(1)
Determine whether the applicant has, prior to the effective date of
this section, been a defendant named in a dismissed complaint,
indictment, or information for or been convicted of or pleaded guilty
to either of the following:

(a)
A violation of division (C)(3)(a) or (C)(7)(a) or (b) of section
2925.11 of the Revised Code;

(b)
A violation of division (C)(7)(c) or (d) of section 2925.11 of the
Revised Code involving possession of not more than fifteen grams of
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;

(3)
Weigh the interests of the applicant in having the record of
conviction or official records expunged against the legitimate needs,
if any, of the government to maintain those records.

(F)
If the court, after complying with division (E) of this section,
finds that the applicant has, prior to the effective date of this
section, been named in a dismissed complaint, indictment, or
information for or been convicted of or pleaded guilty to a violation
of division (C)(3)(a) or (C)(7)(a) or (b) of section 2925.11 of the
Revised Code or has been convicted of or pleaded guilty to a
violation of division (C)(7)(c) or (d) of section 2925.11 of the
Revised Code involving possession of not more than fifteen grams of
hashish and that the interests of the applicant in having the record
of conviction or official records sealed are not substantially
outweighed by any legitimate governmental needs to maintain those
records, both of the following apply:

(1)
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 a defendant named in a dismissed complaint, indictment, or
information for or convicted of or pleaded guilty to a violation of
division (C)(3)(a) or (C)(7)(a) or (b) of section 2925.11 of the
Revised Code or had been convicted of or pleaded guilty to a
violation of division (C)(7)(c) or (d) of section 2925.11 of the
Revised Code involving possession of not more than fifteen grams of
hashish.

(2)
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 official records, conviction, or guilty plea of the
person who is the subject of the proceedings shall be expunged. The
records 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.

(G)
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, with half of
that amount credited to the attorney general reimbursement fund
created by section 109.11 of the Revised Code, 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
or
adult-use
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.
3719.01.
As
used in this chapter:

(A)
"Administer" means the direct application of a drug,
whether by injection, inhalation, ingestion, or any other means to a
person or an animal.

(B)
"Drug enforcement administration" means the drug
enforcement administration of the United States department of justice
or its successor agency.

(C)
"Controlled substance" means a drug, compound, mixture,
preparation, or substance included in schedule I, II, III, IV, or V.

(D)
"Dangerous drug" has the same meaning as in section 4729.01
of the Revised Code.

(E)
"Dispense" means to sell, leave with, give away, dispose
of, or deliver.

(F)
"Distribute" means to deal in, ship, transport, or deliver
but does not include administering or dispensing a drug.

(G)
"Drug" has the same meaning as in section 4729.01 of the
Revised Code.

(H)
"Drug abuse offense" and "felony drug abuse offense"
have the same meanings as in section 2925.01 of the Revised Code.

(I)
"Federal drug abuse control laws" means the "Comprehensive
Drug Abuse Prevention and Control Act of 1970," 84 Stat. 1242,
21 U.S.C. 801, as amended.

(J)
"Hospital" means a facility registered as a hospital with
the department of health under section 3701.07 of the Revised Code.

(K)
"Hypodermic" means a hypodermic syringe or needle, or other
instrument or device for the injection of medication.

(L)
"Manufacturer" means a person who manufactures a controlled
substance, as "manufacture" is defined in section 3715.01
of the Revised Code, and includes a "manufacturer of dangerous
drugs" as defined in section 4729.01 of the Revised Code.

(M)
"Marihuana" means all parts of a plant of the genus
cannabis, whether growing or not; the seeds of a plant of that type;
the resin extracted from a part of a plant of that type; and every
compound, manufacture, salt, derivative, mixture, or preparation of a
plant of that type or of its seeds or resin. "Marihuana"
does not include the mature stalks of the plant, fiber produced from
the stalks, oils or cake made from the seeds of the plant, or any
other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks, except the resin extracted from the
mature stalks, fiber, oil or cake, or the sterilized seed of the
plant that is incapable of germination. "Marihuana" does
not include "hemp"
or
a "hemp product"
as

those
terms are
that
term is
defined
in section 928.01 of the Revised Code.

(N)
"Narcotic drugs" means coca leaves, opium, isonipecaine,
amidone, isoamidone, ketobemidone, as defined in this division, and
every substance not chemically distinguished from them and every
drug, other than cannabis, that may be included in the meaning of
"narcotic drug" under the federal drug abuse control laws.
As used in this division:

(1)
"Coca leaves" includes cocaine and any compound,
manufacture, salt, derivative, mixture, or preparation of coca
leaves, except derivatives of coca leaves, that does not contain
cocaine, ecgonine, or substances from which cocaine or ecgonine may
be synthesized or made.

(2)
"Isonipecaine" means any substance identified chemically as
1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or any
salt thereof, by whatever trade name designated.

(3)
"Amidone" means any substance identified chemically as
4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by
whatever trade name designated.

(4)
"Isoamidone" means any substance identified chemically as
4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt thereof,
by whatever trade name designated.

(5)
"Ketobemidone" means any substance identified chemically as
4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone hydrochloride,
or any salt thereof, by whatever trade name designated.

(6)
"Cocaine" has the same meaning as in section 2925.01 of the
Revised Code.

(O)
"Official written order" means an order written on a form
provided for that purpose by the director of the United States drug
enforcement administration, under any laws of the United States
making provision for the order, if the order forms are authorized and
required by federal law.

(P)
"Person" means any individual, corporation, government,
governmental subdivision or agency, business trust, estate, trust,
partnership, association, or other legal entity.

(Q)
"Pharmacist" means a person licensed under Chapter 4729. of
the Revised Code to engage in the practice of pharmacy.

(R)
"Pharmacy" has the same meaning as in section 4729.01 of
the Revised Code.

(S)
"Poison" means any drug, chemical, or preparation likely to
be deleterious or destructive to adult human life in quantities of
four grams or less.

(T)
"Licensed health professional authorized to prescribe drugs,"
"prescriber," and "prescription" have the same
meanings as in section 4729.01 of the Revised Code.

(U)
"Sale" includes delivery, barter, exchange, transfer, or
gift, or offer thereof, and each transaction of those natures made by
any person, whether as principal, proprietor, agent, servant, or
employee.

(V)
"Schedule I," "schedule II," "schedule III,"
"schedule IV," and "schedule V" mean controlled
substance schedules I, II, III, IV, and V, respectively, as
established by rule adopted under section 3719.41 of the Revised
Code, as amended pursuant to section 3719.43 or 3719.44 of the
Revised Code, or as established by emergency rule adopted under
section 3719.45 of the Revised Code.

(W)
"Wholesaler" means a person who, on official written orders
other than prescriptions, supplies controlled substances that the
person has not manufactured, produced, or prepared personally and
includes a "wholesale distributor of dangerous drugs" as
defined in section 4729.01 of the Revised Code.

(X)
"Animal shelter" means a facility operated by a humane
society or any society organized under Chapter 1717. of the Revised
Code or a dog pound operated pursuant to Chapter 955. of the Revised
Code.

(Y)
"Terminal distributor of dangerous drugs" has the same
meaning as in section 4729.01 of the Revised Code.

(Z)(1)
"Controlled substance analog" means, except as provided in
division (Z)(2) of this section, a substance to which both of the
following apply:

(a)
The chemical structure of the substance is substantially similar to
the structure of a controlled substance in schedule I or II.

(b)
One of the following applies regarding the substance:

(i)
The substance has a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or
greater than the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance in schedule I or
II.

(ii)
With respect to a particular person, that person represents or
intends the substance to have a stimulant, depressant, or
hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant, depressant,
or hallucinogenic effect on the central nervous system of a
controlled substance in schedule I or II.

(2)
"Controlled substance analog" does not include any of the
following:

(a)
A controlled substance;

(b)
Any substance for which there is an approved new drug application;

(c)
With respect to a particular person, any substance if an exemption is
in effect for investigational use for that person pursuant to federal
law to the extent that conduct with respect to that substance is
pursuant to that exemption;

(d)
Any substance to the extent it is not intended for human consumption
before the exemption described in division (Z)(2)(b) of this section
takes effect with respect to that substance.

(AA)
"Benzodiazepine" means a controlled substance that has
United States food and drug administration approved labeling
indicating that it is a benzodiazepine, benzodiazepine derivative,
triazolobenzodiazepine, or triazolobenzodiazepine derivative,
including the following drugs and their varying salt forms or
chemical congeners: alprazolam, chlordiazepoxide hydrochloride,
clobazam, clonazepam, clorazepate, diazepam, estazolam, flurazepam
hydrochloride, lorazepam, midazolam, oxazepam, quazepam, temazepam,
and triazolam.

(BB)
"Opioid analgesic" means a controlled substance that has
analgesic pharmacologic activity at the opioid receptors of the
central nervous system, including the following drugs and their
varying salt forms or chemical congeners: buprenorphine, butorphanol,
codeine (including acetaminophen and other combination products),
dihydrocodeine, fentanyl, hydrocodone (including acetaminophen
combination products), hydromorphone, meperidine, methadone, morphine
sulfate, oxycodone (including acetaminophen, aspirin, and other
combination products), oxymorphone, tapentadol, and tramadol.

(CC)
"Outsourcing facility," "repackager of dangerous
drugs," and "third-party logistics provider" have the
same meanings as in section 4729.01 of the Revised Code.

Sec.
3719.41.
(A)
For purposes of administration, enforcement, and regulation of the
manufacture, distribution, dispensing, and possession of controlled
substances, the state board of pharmacy shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing
schedule I, schedule II, schedule III, schedule IV, and schedule V
incorporating the five schedules of controlled substances under the
federal drug abuse control laws.

The
board may include in the schedules any compound, mixture,
preparation, or substance that was included in the schedules
immediately prior to March 22, 2020, as long as the inclusion does
not have the effect of providing less stringent control of the
compound, mixture, preparation, or substance than is provided under
the federal drug abuse control laws or regulations adopted under
those laws.

(B)
Except as provided in section 3719.45 of the Revised Code, the board
periodically shall update the schedules by rule adopted in accordance
with Chapter 119. of the Revised Code to correspond to any change in
the federal drug abuse control laws or regulations adopted under
those laws, any addition, transfer, or removal by congress or the
attorney general of the United States as described in section 3719.43
of the Revised Code, and any addition, transfer, or removal by the
board by rule adopted under section 3719.44 of the Revised Code.

(C)
Notwithstanding divisions (A) and (B) of this section, the board
shall not adopt rules including hemp
or
a hemp product
in
a schedule as a controlled substance.

(D)
As used in this section, "hemp"
and
"hemp product" have
has

the
same
meanings

meaning

as
in section 928.01 of the Revised Code.

Sec.
3779.21.
As
used in sections 3779.21 to 3779.30 of the Revised Code:

(A)
"AD retailer" means an A-1-A, A-1c, or class D permit
holder under Chapter 4303. of the Revised Code.

(B)
"At retail" means for use or consumption by the ultimate
consumer and not for resale.

(C)
"C retailer" means a class C permit holder under Chapter
4303. of the Revised Code.

(D)
"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.

(E)
"Distributor" means a class B permit holder under Chapter
4303. of the Revised Code, or the holder of an equivalent permit or
other authorization issued by another state, that sells a drinkable
cannabinoid product to an AD or C retailer located in this state.
"Distributor" does not include either of the following:

(1)
A manufacturer;

(2)
A person that is a common carrier and that is used to complete
delivery of a drinkable cannabinoid product to an AD or C retailer.

(F)
"Drinkable cannabinoid product" means a liquid hemp product
to which all of the following apply:

(1)
The product contains cannabinoids.

(2)
The cannabinoids in the product are solely derived from hemp.

(3)
The product is prepackaged and intended to be consumed via ingestion.

(4)
The product does not include a drug as defined in section 4729.01 of
the Revised Code.

(5)
The product does not contain more than three-tenths per cent of any
tetrahydrocannabinol.

(6)
The product does not contain more than five milligrams of total
tetrahydrocannabinol per serving.

(7)
The product container does not contain more than one serving.

(G)
"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 tetrahydrocannabinol
concentration of not more than three-tenths per cent on a dry weight
basis.

(H)
"Liquid hemp product" means a liquid product, containing a
delta-9 tetrahydrocannabinol concentration of not more than
three-tenths per cent, that is made with hemp.

(I)
"Identification card" means a driver's or commercial
driver's license, an identification card issued under sections
4507.50 to 4507.52 of the Revised Code or an equivalent
identification card issued by another state, a military
identification card issued by the United States department of
defense, or a United States or foreign passport that displays a
picture of the individual for whom the license, card, or passport is
issued and shows that the person buying is then at least twenty-one
years of age.

(J)
"Manufacturer" means a person, whether located in this
state or outside of this state, that manufactures a drinkable
cannabinoid product for sale in this state.

(K)
"Ohio investigative unit" means the investigative unit
maintained by the department of public safety under section 5502.13
of the Revised Code.

(L)
"Sale" and "sell" include exchange, barter, gift,
offer for sale, sale, distribution and delivery of any kind, and the
transfer of title or possession of a drinkable cannabinoid product
either by constructive or actual delivery by any means or devices.

(M)
"Serving" means twelve fluid ounces.

(N)
"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-8 tetrahydrocannabinol, delta-10
tetrahydrocannabinol, tetrahydrocannabinol-o acetate,
tetrahydrocannabiphorol, tetrahydrocannabivarin, hexahydrocannabinol,
delta-6-cis or trans tetrahydrocannabinol, delta-3, 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 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).

Sec.
3779.211.
Sections
3779.21 to 3779.30 of the Revised Code are operative notwithstanding
any other provision of the Revised Code to the contrary, including
Chapter 928. of the Revised Code.

Sec.
3779.22.
(A)(1)
An AD retailer may sell at retail drinkable cannabinoid products for
consumption on the premises where sold and for consumption off the
premises where sold.

(2)
A C retailer may sell at retail drinkable cannabinoid products for
consumption off the premises where sold.

(B)
No person shall do any of the following:

(1)
Sell at retail a drinkable cannabinoid product unless authorized to
do so under division (A) of this section;

(2)
If the person is a manufacturer, sell a drinkable cannabinoid product
to any person other than an AD retailer, C retailer, or distributor;

(3)
Sell for distribution a drinkable cannabinoid product unless the
person is a distributor;

(4)
If the person is a distributor, sell a drinkable cannabinoid product
in this state to any person other than an AD or C retailer;

(5)
Sell at retail a drinkable cannabinoid product to an individual who
is under twenty-one years of age;

(6)
Fail to verify that an individual who attempts to purchase or
purchases a drinkable cannabinoid product at retail is at least
twenty-one years of age by examining the individual's identification
card;

(7)
Sell a drinkable cannabinoid product that contains alcohol;

(8)
If the person is a manufacturer or distributor, pay to an AD or C
retailer any payment, credit, or any other consideration to induce
the retailer to advertise or display a drinkable cannabinoid product
in a certain manner in the retailer's permitted premises;

(9)
If the person is an AD or C retailer, accept any payment, credit, or
any other consideration to advertise or display a drinkable
cannabinoid product in a certain manner at the retailer's permitted
premises;

(10)
If the person is not an AD retailer, allow an individual who
purchases a drinkable cannabinoid product from the retailer to
consume the drinkable cannabinoid product on the retailer's premises;

(11)
If the person is an AD or C retailer, sell a drinkable cannabinoid
product at a price less than the price paid by the retailer to
purchase the product from a distributor;

(12)
If the person is an AD or C retailer and the person is purchasing a
drinkable cannabinoid product directly from a manufacturer for
subsequent retail sale, sell a drinkable cannabinoid product at a
price less than the price paid by the retailer to purchase the
product from the manufacturer;

(13)
If the person is a distributor or manufacturer, charge a different
price to an AD or C retailer for drinkable cannabinoid products based
upon the quantity of drinkable cannabinoid products sold to the
retailer;

(14)
Sell a drinkable cannabinoid product that includes hemp that was not
cultivated by one of the following:

(a)
A hemp cultivator licensed under Chapter 928. of the Revised Code in
this state or by the United States department of agriculture if the
director of agriculture takes action under division (A)(2) of section
928.02 of the Revised Code;

(b)
A hemp cultivator that is licensed in another state by the United
States department of agriculture;

(c)
A hemp cultivator that is licensed in another state by a governing
body of that state whose hemp production plans have been approved by
the United State department of agriculture.

(15)
Advertise a drinkable cannabinoid product in a false or misleading
manner;

(16)
Advertise a drinkable cannabinoid product in a manner that is
targeted or attractive to minors;

(17)
Advertise a drinkable cannabinoid product in a manner that promotes
illegal activity or is obscene or indecent;

(18)
Violate any policy adopted under section 3779.24 of the Revised Code.

Sec.
3779.23.
(A)
The Ohio investigative unit shall enforce this chapter or cause it to
be enforced. If the unit has information that this chapter has been
violated, it may investigate the matter and take any action as it
considers appropriate. The authority of the Ohio investigative unit
is concurrent to the jurisdiction of any law enforcement officer to
enforce this chapter. Nothing in this chapter shall be construed to
limit or supersede the authority of any law enforcement officer or
agency.

(B)
Except as provided in division (C) of this section, the
superintendent of liquor control may impose an administrative penalty
or take other enforcement actions against a person that violates
sections 3779.21 to 3779.30 of the Revised Code, including any
policies adopted under division (A) of section 3779.24 of the Revised
Code. Administrative penalties shall be set forth in policies adopted
under section 3779.24 of the Revised Code.

(C)
The superintendent of cannabis control may impose an administrative
penalty or take other enforcement actions against a person that
violates a policy established under division (B) of section 3779.24
of the Revised Code. Administrative penalties shall be set forth in
policies adopted under section 3779.24 of the Revised Code.

(D)(1)
A person that has an administrative penalty imposed or has other
enforcement action taken against the person under division (B) of
this section may appeal the penalty or action to the liquor control
commission in accordance with Chapter 4301. of the Revised Code and
rules adopted under it.

(2)
A person that has an administrative penalty imposed or has other
enforcement action taken against the person under division (C) of
this section may appeal the penalty or action in accordance with the
requirements and procedures established in rules adopted under
section 3796.03 of the Revised Code for medical marijuana and
adult-use marijuana.

Sec.
3779.24.
(A)
On the effective date of this section, the superintendent of liquor
control shall establish policies for the administration and
enforcement of sections 3779.21 to 3779.30 of the Revised Code,
including policies governing all the following:

(1)
The labeling of drinkable cannabinoid products under section 3779.26
of the Revised Code;

(2)
The amount of administrative penalties to be imposed by the
superintendent under section 3779.23 of the Revised Code and
procedures for imposing such penalties.

(3)
Any other enforcement actions that may be taken by the superintendent
under section 3779.23 of the Revised Code.

(B)
On the effective date of this section, the superintendent of cannabis
control shall establish policies for all of the following:

(1)
The testing of drinkable cannabinoid products under section 3779.25
of the Revised Code, including policies governing the issuance of a
certificate of analysis as required under section 3779.25 of the
Revised Code;

(2)
Creation and maintenance of a list of approved tetrahydrocannabinols
that may be included for use in drinkable cannabinoid products;

(3)
The amount of administrative penalties to be imposed by the
superintendent under section 3779.23 of the Revised Code and
procedures for imposing such penalties.

Sec.
3779.25.
(A)(1)
A manufacturer of a drinkable cannabinoid product shall test the
product in accordance with policies adopted under section 3779.24 of
the Revised Code prior to selling the product or offering the product
for sale to a distributor.

(2)
No manufacturer, distributor, AD retailer, or C retailer shall sell
or offer to sell a drinkable cannabinoid product that is not tested
in accordance with this section and policies adopted under section
3779.24 of the Revised Code or that exceeds the maximum allowable
level for a substance or organism specified in those policies.

(B)
A manufacturer shall contract with a testing laboratory to provide
the testing required under this section.

(C)
Notwithstanding Chapter 3796. of the Revised Code and rules adopted
under it to the contrary, a drinkable cannabinoid product that is
sold in this state shall be tested in a facility licensed in
accordance with Chapter 3796. of the Revised Code and rules adopted
under it or, as approved by the superintendent of the division of
cannabis control, in a facility in another state that meets
requirements that are substantially similar to applicable
requirements established under Chapter 3796. of the Revised Code and
rules adopted under it. For each test conducted, the facility shall
issue a certificate of analysis that includes the results of the test
as required in policies adopted under section 3779.24 of the Revised
Code. The facility shall retain records relating to the certificate
of analysis for one year after the testing is conducted.

(D)
A distributor, AD retailer, or C retailer is not liable for any
violations or causes of action if a drinkable cannabinoid product
distributed or sold by the distributor or retailer is not consistent
with testing as represented.

(E)
No manufacturer or testing laboratory shall fail to comply with this
section.

Sec.
3779.26.
In
accordance with policies established under section 3779.24 of the
Revised Code, a manufacturer shall include a label on each drinkable
cannabinoid product container that it sells or offers for sale in
this state that includes the amount of tetrahydrocannabinol, in
milligrams, as identified in the certificate of analysis issued under
division (C) of section 3779.25 of the Revised Code.

(B)
No manufacturer shall fail to comply with this section.

Sec.
3779.27.
(A)
As used in this section, "sales area or territory" means an
exclusive geographic area or territory that is assigned to a
particular distributor and that either has one or more political
subdivisions as its boundaries or consists of an area of land with
readily identifiable geographic boundaries.

(B)
Each manufacturer shall assign to each of the manufacturer's
distributors a sales area or territory within which each distributor
shall be the distributor of the brand or brands of the manufacturer,
provided that, if the manufacturer manufactures more than one brand
of drinkable cannabinoid product, the manufacturer may assign sales
areas or territories to additional distributors for the distribution
and sale of the additional brand or brands, so long as not more than
one distributor distributes the same brand or brands within the same
sales area or territory. No distributor shall distribute a specific
brand of drinkable cannabinoid product in any area or territory other
than the area or territory assigned to the distributor.

Sec.
3779.28.
(A)
No manufacturer shall aid or assist a distributor, and no
manufacturer or distributor shall aid or assist an AD retailer or C
retailer, by gift or loan of any money or property of any description
or other valuable thing, or by giving premiums or rebates. No
distributor, AD retailer, or C retailer shall accept the same.

(B)
No manufacturer shall sell or offer to sell to any distributor or AD
retailer or C retailer, no distributor shall sell or offer to sell to
any AD retailer or C retailer, and no distributor or AD retailer or C
retailer shall purchase or receive from any manufacturer or
distributor any drinkable cannabinoid product in the United States
except for cash. No right of action exists to collect any claims for
credit extended contrary to this section.

Sec.
3779.29.
(A)
As used in this section:

(1)
"Chauffeured limousine" means a vehicle registered under
section 4503.24 of the Revised Code.

(2)
"Street," "highway," and "motor vehicle"
have the same meanings as in section 4511.01 of the Revised Code.

(B)
A person may have in the person's possession an opened container of a
drinkable cannabinoid product in either of the following locations:

(1)
On the premises of a private residence;

(2)
In a chauffeured limousine that is located on any street, highway, or
other public or private property open to the public for purposes of
vehicular travel or parking if all the following apply:

(a)
The person, or the guest of the person, pays all or a portion of the
fee imposed for the use of a chauffeured limousine pursuant to a
prearranged contract.

(b)
The person or guest is a passenger in the limousine.

(c)
The person or guest is located in the limousine but is not occupying
a seat in the front compartment of the limousine where the operator
of the limousine is located.

(C)
A person may have in the person's possession an opened container of a
drinkable cannabinoid product on the premises of an AD retailer,
provided the AD retailer sold the drinkable cannabinoid product to
the person.

(D)
Except as provided in divisions (B) and (C) of this section, no
person shall have in the person's possession an opened container of a
drinkable cannabinoid product in any of the following circumstances:

(1)
In any public place;

(2)
While operating or being a passenger in or on a motor vehicle on any
street, highway, or other public or private property open to the
public for purposes of vehicular travel or parking;

(3)
While being in or on a stationary motor vehicle on any street,
highway, or other public or private property open to the public for
purposes of vehicular travel or parking.

Sec.
3779.30.
A
person may manufacture a liquid hemp product that is a beverage
intended for human consumption that is not in compliance with the
requirements for drinkable cannabinoid products established in this
chapter, provided the product is solely for export outside of this
state.

Sec.
3779.99.
(A)
Whoever recklessly violates division (B)(1) of section 3779.22 of the
Revised Code is guilty of a misdemeanor of the first degree on a
first offense and a felony of the fifth degree on a second or
subsequent offense.

(B)
Whoever recklessly violates division (B)(5) of section 3779.22 of the
Revised Code is guilty of a misdemeanor of the first degree on a
first offense and a felony of the fifth degree on a subsequent
offense.

(C)
Whoever knowingly violates section 3779.29 of the Revised Code is
guilty of a minor misdemeanor.

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)
"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.

(21)
"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.

(22)
"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.

(23)
"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.

(24)
"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;

(25)
"Physical control" means being in the operator's position
of a vehicle, streetcar, trackless trolley, watercraft, or aircraft
and having possession of the vehicle's, streetcar's, trackless
trolley's, watercraft's, or aircraft's ignition key or other ignition
device.

(B)

As
used in the Revised Code, the "division of marijuana control"
means the division of cannabis control and the "superintendent
of marijuana control" means the superintendent of cannabis
control. Whenever the division of marijuana control or the
superintendent of marijuana 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 cannabis
control or the superintendent of cannabis 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

cannabis

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
cannabis

control
program is hereby established in the division of
marijuana

cannabis

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
cannabis

control
program.

Sec.
3796.021.
(A)
The medical marijuana advisory committee is hereby created in the
state board of pharmacy. The committee shall consist of the
following:

(1)
Two members who are practicing pharmacists, at least one of whom
supports the use of marijuana for medical purposes and at least one
of whom is a member of the board of pharmacy;

(2)
Two members who are practicing physicians, at least one of whom
supports the use of marijuana for medical purposes and at least one
of whom is a member of the state medical board;

(3)
A member who represents local law enforcement;

(4)
A member who represents employers;

(5)
A member who represents labor;

(6)
A member who represents persons involved in mental health treatment;

(7)
A member who is a nurse;

(8)
A member who represents caregivers;

(9)
A member who represents patients;

(10)
A member who represents agriculture;

(11)
A member who represents persons involved in the treatment of alcohol
and drug addiction;

(12)
A member who engages in academic research.

(B)
The governor shall appoint the members described in divisions (A)(1),
(2), (4), (10), (11), and (12) of this section. The senate president
shall appoint the members described in divisions (A)(3) and (8) of
this section. The minority leader of the senate shall appoint the
member described in division (A)(7) of this section. The speaker of
the house of representatives shall appoint the members described in
divisions (A)(6) and (9) of this section. The minority leader of the
house of representatives shall appoint the member described in
division (A)(5) of this section. Not more than six members shall be
of the same political party.

(C)
Appointments to the committee shall be made not later than thirty
days after

the
effective date of this section

September
8, 2016
.

(D)
Each member of the committee shall serve from the date of appointment
until the committee ceases to exist, except that members serve at the
pleasure of the appointing authority. Vacancies shall be filled in
the same manner as original appointments.

(E)
The governor shall select a member of the committee to serve as its
chairperson.

(F)
Each member of the committee shall receive a per diem compensation
determined in accordance with division (J) of section 124.15 of the
Revised Code. In addition, each member shall receive actual and
necessary travel expenses in connection with committee meetings and
business.

(G)
The committee shall hold its initial meeting not later than thirty
days after the last member of the committee is appointed. The
committee may develop and submit to the department of commerce, state
board of pharmacy, and the state medical board any recommendations
related to
the

medical
marijuana
and
the cannabis
control
program and the implementation and enforcement of Chapter 3796. of
the Revised Code.

(H)
The committee is not subject to sections 101.82 to 101.87 of the
Revised Code.

(I)
The committee shall cease to exist on the date that occurs five years
and thirty days after the effective date of this act September 8,
2016.

Sec.
3796.03.
(A)
The division of
marijuana

cannabis

control
shall adopt rules establishing standards and procedures for the

medical
marijuana
cannabis

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
The

criminal
offenses
for
which
that
disqualify
an
applicant
will
be disqualified
from

licensure
pursuant to that section
licensure
under this chapter, which shall include, at minimum, any felony
offense
.

(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 both of the following:

(a)
Online and mobile ordering of adult-use and medical marijuana by a
licensed dispensary;

(b)
Delivery of medical marijuana by a licensed dispensary or an agent of
a licensed dispensary to a registered medical marijuana patient or
caregiver.

(16)
Establish standards prohibiting the use of gifts, samples, or other
free or discounted goods or services to induce or reward a license
holder for business or referrals;

(17)
Establish standards for non-marijuana ingredients used in adult-use
and medical marijuana products, which may take into account industry
best-practices and criteria set by the federal food and drug
administration for food ingredients, vitamins, and supplements. The
division may prohibit ingredients that do not meet such standards
.

(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.
3796.032.
This
chapter does not authorize the division of
marijuana

cannabis

control
to oversee or limit research conducted at a state university,
academic medical center, or private research and development
organization that is related to marijuana and is approved by an
agency, board, center, department, or institute of the United States
government, including any of the following:

(A)
The agency for health care research and quality;

(B)
The national institutes of health;

(C)
The national academy of sciences;

(D)
The centers for medicare and medicaid services;

(E)
The United States department of defense;

(F)
The centers for disease control and prevention;

(G)
The United States department of veterans affairs;

(H)
The drug enforcement administration;

(I)
The food and drug administration;

(J)
Any board recognized by the national institutes of health for the
purpose of evaluating the medical value of health care services.

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)
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.

(C)(1)
No person shall knowingly cultivate, grow, or possess homegrown
marijuana in a manner that violates division (A) of this section:

(2)
No person shall knowingly consume adult-use marijuana or homegrown
marijuana in a public place;

(3)
No person operating a public place shall knowingly permit the
consumption of adult-use marijuana or homegrown marijuana in that
public place.

(D)
Subject to division (B) of this section and divisions (B) and (C) of
section 3796.221 of the Revised Code, 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.

(E)
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

cannabis

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 four hundred 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 cannabis
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 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)

No
person shall own or operate more than eight licensed dispensaries,
more than one licensed cultivator, or more than one licensed
processor license at any time.

(D)

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

No
person shall knowingly consume adult-use marijuana or homegrown
marijuana by smoking, combustion, or vaporization or knowingly
consume medical marijuana by
vaporization

of
medical marijuana is permitted

in
any place other than 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 knowingly 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 the 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)
(4)

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)
Except as otherwise provided in division (E)(3) of this section, 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
Except
as otherwise provided in division (E)(3) of this section, 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
.

(3)
The division may adopt rules, in accordance with Chapter 119. of the
Revised Code, that do either or both of the following:

(a)
Increase the tetrahyrdrocannabinol content limits for extracts
prescribed in divisions (E)(1) and (2) of this section;

(b)
Establish tetrahydrocannabinol content limits for adult-use and
medical marijuana dispensed or sold under this chapter by content per
serving or per package.

(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.

(H)
An adult-use consumer, medical marijuana patient, or medical
marijuana caregiver shall store edible adult-use and medical
marijuana products in the original packaging at all times when the
products are not actively in use.

Sec.
3796.061.
(A)
Any person may submit a petition to the state division of
marijuana

cannabis

control
requesting that a form of or method of using medical marijuana be
approved for the purposes of section 3796.06 of the Revised Code. A
petition shall be submitted to the division in a manner prescribed by
the division. A petition shall not seek to approve a method of using
medical marijuana that involves smoking or combustion.

(B)
On receipt of a petition, the division shall review it to determine
whether to approve the form of or method of using medical marijuana
described in the petition. The division may consolidate the review of
petitions for the same or similar forms or methods. In making its
determination, the division shall consult with one or more experts
and review any relevant scientific evidence.

(C)
The division shall approve or deny the petition in accordance with
any rules adopted by the division under this section. The division's
decision is final.

(D)
The division may adopt rules as necessary to implement this section.
The rules shall be adopted in accordance with Chapter 119. of the
Revised Code.

Sec.
3796.062.
(A)
No person shall knowingly transport marijuana other than adult-use
marijuana, medical marijuana, or homegrown marijuana in a motor
vehicle.

(B)
No person shall knowingly transport medical marijuana or adult-use
marijuana in a motor vehicle unless one of the following applies:

(1)
The adult-use marijuana or medical marijuana is in the original,
unopened packaging in which it was dispensed or sold;

(2)
If previously opened, 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 knowingly 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 knowingly transport marijuana paraphernalia in a
motor vehicle unless one of the following applies:

(1)
The marijuana paraphernalia is in the original, unopened packaging in
which it was dispensed or sold;

(2)
If previously opened, 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 cannabis control
shall
establish and maintain an electronic database to monitor
adult-use
and
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

adult-use
and

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

adult-use
consumer or medical marijuana

patient.

Information
or data that does not identify a specific adult-use consumer or
medical marijuana patient may be released in summary, statistical, or
aggregate form.

Sec.
3796.08.
(A)(1)
Until one hundred eighty days following
the
effective date of this amendment
October
3, 2023
,
a patient seeking to use medical marijuana or a caregiver seeking to
assist a patient in the use or administration of medical marijuana
shall apply to the state board of pharmacy for registration. On and
after one hundred eighty days following
the
effective date of this amendment
October
3, 2023
,
a patient seeking to use medical marijuana or a caregiver seeking to
assist a patient in the use or administration of medical marijuana
shall apply to the division of
marijuana

cannabis

control
for registration. The physician who holds a certificate to recommend
issued by the state medical board and is treating the patient or the
physician's delegate shall submit the application on the patient's or
caregiver's behalf in the manner established in rules adopted under
section 3796.03 of the Revised Code.

(2)
The application shall include all of the following:

(a)
A statement from the physician certifying all of the following:

(i)
That a bona fide physician-patient relationship exists between the
physician and patient;

(ii)
That the patient has been diagnosed with a qualifying medical
condition;

(iii)
That the physician or physician delegate has requested from the drug
database a report of information related to the patient that covers
at least the twelve months immediately preceding the date of the
report;

(iv)
That the physician has informed the patient of the risks and benefits
of medical marijuana as it pertains to the patient's qualifying
medical condition and medical history.

(b)
In the case of an application submitted on behalf of a patient, the
name or names of the one or more caregivers that will assist the
patient in the use or administration of medical marijuana;

(c)
In the case of an application submitted on behalf of a caregiver, the
name of the patient or patients that the caregiver seeks to assist in
the use or administration of medical marijuana.

(3)
If the application is complete and meets the requirements established
in rules, the board or division, as applicable, shall register the
patient or caregiver and issue to the patient or caregiver an
identification card.

(B)
The board or division, as applicable, shall not make public any
information reported to or collected by the board or division, as
applicable, under this section that identifies or would tend to
identify any specific patient.

Information
collected by the board or division, as applicable, pursuant to this
section is confidential and not a public record. The board or
division, as applicable, may share identifying information with a
licensed retail dispensary for the purpose of confirming that a
person has a valid registration. Information that does not identify a
person may be released in summary, statistical, or aggregate form.

(C)
A registration 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 procedures established in those rules.

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
cannabis
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

offense,
as
specified
in rules adopted under
section
9.79 and
division
(B)(2)(b) of section 3796.03 of the Revised Code.

(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)
(C)

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.

(I)
No person shall knowingly engage in any of the activities described
in section 3796.18, 3796.19, or 3796.21 of the Revised Code without
the proper license issued under this section or Chapter 3780. of the
Revised Code, as that chapter existed immediately prior to the
effective date of this amendment.

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

offense,
as
specified
in rules adopted under
section
9.79 and
division
(B)(2)(b) of section 3796.03 of the Revised Code.

(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 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)
(C)

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.

(I)
No person shall knowingly engage in any of the activities described
in section 3796.20 of the Revised Code without a dispensary license
issued under this section or Chapter 3780. of the Revised Code, as
that chapter existed immediately prior to the effective date of this
amendment.

Sec.
3796.11.
(A)(1)
Notwithstanding section 149.43 of the Revised Code or any other
public records law to the contrary or any law relating to the
confidentiality of tax return information, upon the request of the
division of
marijuana

cannabis

control,
the department of taxation shall provide to the division all of the
following information:

(a)
Whether an applicant for licensure under this chapter is in
compliance with the applicable tax laws of this state;

(b)
Any past or pending violation by the applicant of those tax laws, and
any penalty imposed on the applicant for such a violation.

(2)
The division shall request the information only as it pertains to an
application for licensure that the division, as applicable, is
reviewing.

(3)
The department of taxation may charge the division a reasonable fee
to cover the administrative cost of providing the information.

(B)
Information received under this section is confidential. Except as
otherwise permitted by other state law or federal law, the division
shall not make the information available to any person other than the
applicant for licensure to whom the information applies.

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
cannabis

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
cannabis

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
a
license holder
shall
not employ the person unless the person has submitted a criminal
records check under those sections
.
The

and
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
.

(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.
(B)(1)
Notwithstanding division (A) of this section, the division of
cannabis control shall establish standards for provisional employment
of individuals who have exigent circumstances.

(2)
Such standards must include, at minimum, a requirement that the
individual seeking provisional employment submit evidence of
compliance with sections 4776.01 to 4776.04 of the Revised Code.

(3)
A provisional employment authorization made under division (B) of
this division is valid for not longer than three months, but may be
renewed at the discretion of the division of cannabis control for an
additional three months.

(4)
The division of cannabis control may use all available resources in
establishing standards for instant background checks.

Sec.
3796.14.
(A)
The division of
marijuana
cannabis

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 and either
or both of the following apply:

(a)
The division of cannabis control requests the unit to inspect or
investigate.

(b)
The inspection or investigation involves alleged criminal activity.

(2)
The unit is invited by local law enforcement having jurisdiction over
the person inspected or investigated.

(F)
Nothing in this section prohibits the Ohio investigative unit from
investigating criminal activity related to this chapter outside the
premises of a license holder's cultivation, processing, dispensing,
or laboratory facilities. The authority of the Ohio investigative
unit is concurrent to the jurisdiction of any law enforcement officer
to enforce this chapter.

Sec.
3796.15.
(A)
The division of
marijuana
cannabis

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
cannabis

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.
3796.16.
(A)(1)
The division of
marijuana

cannabis

control
shall attempt in good faith to negotiate and enter into a reciprocity
agreement with any other state under which a medical marijuana
registry identification card or equivalent authorization that is
issued by the other state is recognized in this state, if the
division determines that both of the following apply:

(a)
The eligibility requirements imposed by the other state for that
authorization are substantially comparable to the eligibility
requirements for a patient or caregiver registration and
identification card issued under this chapter.

(b)
The other state recognizes a patient or caregiver registration and
identification card issued under this chapter.

(2)
The division shall not negotiate any agreement with any other state
under which an authorization issued by the other state is recognized
in this state other than as provided in division (A)(1) of this
section.

(B)
If a reciprocity agreement is entered into in accordance with
division (A) of this section, the authorization issued by the other
state shall be recognized in this state, shall be accepted and valid
in this state, and grants the patient or caregiver the same right to
use, possess, obtain, or administer medical marijuana in this state
as a patient or caregiver who was registered and issued an
identification card under this chapter.

(C)
The division may adopt any rules as necessary to implement this
section.

Sec.
3796.17.
The
division of
marijuana
cannabis

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

all

of
the following:

(1)

(a)

Cultivate
medical marijuana

and
adult-use marijuana
;

(2)

(b)

Deliver
,
transfer,

or sell medical marijuana

and
adult-use marijuana

to
one
or more licensed processors
other
license holders;

(c)
Purchase or otherwise obtain medical marijuana and adult-use
marijuana from other license holders;

(d)
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 cannabis 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

all

of
the following:

(1)
Obtain
(a)
Purchase or otherwise 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 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)
Obtain
(a)
Purchase or otherwise 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 medical marijuana in accordance with the rules
adopted under section 3796.03 of the Revised Code;

(f)
Deliver, transfer, or sell medical marijuana and adult-use marijuana
to other license holders
.

(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 to consumers, all of the
following apply:

(1)
A licensed dispensary shall 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)
No licensed dispensary shall knowingly dispense or sell 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)
A licensed dispensary shall 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.

When
operating a licensed retail dispensary, both of the following apply:

(1)
(D)(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 licensed 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;

(4)
Transfer adult-use and homegrown marijuana to another adult-use
consumer if all of the following apply:

(a)
The transfer is without remuneration.

(b)
The amount transferred to the same adult-use consumer in the same day
does not exceed either of the following:

(i)
Two and one-half ounces of plant material, excluding any seeds, live
plants, or clones being cultivated, grown, or possessed in accordance
with section 3796.04 of the Revised Code;

(ii)
Fifteen grams of extract.

(c)
The transfer occurs at privately owned real property that is used
primarily for residential or agricultural purposes, including any
dwellings, facilities, improvements, and appurtenances on such real
property.

(B)
No person shall knowingly possess more than the following cumulative
amounts of homegrown marijuana and adult-use marijuana:

(1)
Two and one-half ounces of plant material, excluding any seeds, live
plants, or clones being cultivated, grown, or possessed in accordance
with section 3796.04 of the Revised Code;

(2)
Fifteen grams of extract.

(C)
Except as expressly authorized under division (A)(4) of this section,
no person other than a license holder shall knowingly give, sell, or
transfer adult-use or homegrown marijuana to any other person, with
or without remuneration.

(D)
Subject to divisions (B) and (C) 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.

(E)
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.

(B)
Unless there is clear and convincing evidence that a child is unsafe,
the use, possession, or administration of medical 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 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 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 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 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 either of the
following, as long as such prohibition is included in the applicable
lease agreement:

(1)
Consumption of marijuana in a residential premises or common areas by
smoking, combustion, or vaporization;

(2)
Cultivation or growth of homegrown marijuana.

(G)

Except
for unemployment compensation benefits under Chapter 4141. of the
Revised Code, including as prescribed under division (B) of 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 any public place from accommodating a registered patient's
use of medical marijuana
,
except that no public place shall accommodate consumption of medical
marijuana 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
cannabis

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 cannabis control may adopt rules regulating the
advertisement of adult-use marijuana and medical marijuana to prevent
advertisements that are false, misleading, targeted to minors,
attractive 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)
No person shall place or maintain, or caused to be placed or
maintained, an advertisement that asserts or suggests that adult-use
marijuana has any health or therapeutic benefits.

(F)(1)
Subject to division (F)(2) of this section, no person shall place or
maintain, or cause to be placed or maintained, an advertisement for
medical or adult-use marijuana 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.

(2)
Division (F)(1) of this section does not apply to signage on the
facility of a license holder.

(G)(1)
No person shall advertise medical or adult-use marijuana using names,
logos, signs, or materials that have not been submitted to, and
approved by, the division in accordance with rules adopted under this
section.

(2)
The division shall either approve or deny such names, logos, signs,
or materials within twenty-one business days after receiving the
submission.

(3)
If the division does not deny a submission within twenty-one business
days, the submitted names, logos, signs, or materials shall be
considered approved.

(H)
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.

3780.37

3796.34
.

(A)
As used in this section, "nonprofit corporation" has the
same meaning as in section 1702.01 of the Revised Code.

(B)
The division of
cannabis

marijuana

control
shall contract with a statewide nonprofit corporation for the
development and implementation of cannabis and related drug misuse
prevention, education, and public awareness initiatives driven by
data, evaluation, and research. The contract must include a provision
specifying a percentage of the total funding for the initiatives, not
less than ten per cent, to be raised by the statewide nonprofit
corporation through private contributions.

(C)
The initiatives may include all of the following:

(1)
Providing evidence-based information on the potential health effects
of cannabis and related drug use among minors;

(2)
Disseminating educational resources regarding the risks associated
with cannabis and related drug use during pregnancy;

(3)
Conducting campaigns to inform the public about the dangers and legal
consequences of driving under the influence of cannabis and related
drugs;

(4)
Collaborating with employers and industry groups to develop and
distribute evidence-based resources to improve the health of Ohio's
workforce and promote workplace safety and recovery initiatives
focused on cannabis and related drug misuse.

(D)
The division shall oversee and evaluate the effectiveness of the
initiatives undertaken pursuant to this section and shall ensure that
those initiatives align with the public health and safety objectives
of this state.

(E)
The division shall annually compile a report detailing activities,
use of funds, and measurable outcomes resulting from the initiatives
undertaken pursuant to this section. The division shall submit the
report to the general assembly in accordance with section 101.68 of
the Revised Code.

Sec.
3796.40.
(A)
Terms used in this section have the same meanings as in section
5739.01 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 taxes levied under Chapters 5739. and 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 Chapter 5739. 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. The tax levied
under this section shall be collected consistent with Chapters 5703.
and 5739. 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 adult use tax fund, which is created in the state
treasury.

From
the adult use tax 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.

(F)
After making any transfers required under division (E) of this
section, the director of budget and management shall transfer amounts
remaining in the adult use tax fund as follows:

(1)
Sixty-four per cent to the general revenue fund;

(2)
Thirty-six per cent to the host community cannabis fund, which is
created in the state treasury, for the benefit of municipal
corporations or townships that have at least one licensed dispensary.
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.

The
tax commissioner shall make distributions under this division by the
end of each month based on tax collections from the preceding month.

(G)
The tax commissioner may prescribe all forms and adopt all rules
necessary to administer the tax authorized under this section.

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,
4511.194, 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 a vehicle, streetcar, trackless trolley,
watercraft, or aircraft when the operator is operating or has
physical control of the vehicle, streetcar, trackless trolley,
watercraft, or aircraft is guilty of a misdemeanor of the third
degree.

(B)
Except as otherwise provided in division (A) of this section, whoever
violates division (C)(2) or (3)(a), (b), or (d) 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 cannabis 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)
Whoever violates division (B) of section 3796.221 of the Revised Code
is guilty of possession of marijuana under section 2925.11 of the
Revised Code.

(E)
Whoever violates division (C) of section 3796.04 of the Revised Code
is guilty of illegal cultivation of marijuana under section 2925.04
of the Revised Code.

(F)
Whoever violates division (I) of section 3796.09, division (I) of
section 3796.10, division (C)(2) of section 3796.20, or division (C)
of section 3796.221 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.
4506.01.
As
used in this chapter:

(A)
"Alcohol concentration" means the concentration of alcohol
in a person's blood, breath, or urine. When expressed as a
percentage, it means grams of alcohol per the following:

(1)
One hundred milliliters of whole blood, blood serum, or blood plasma;

(2)
Two hundred ten liters of breath;

(3)
One hundred milliliters of urine.

(B)
"Commercial driver's license" means a license issued in
accordance with this chapter that authorizes an individual to drive a
commercial motor vehicle.

(C)
"Commercial driver's license information system" means the
information system established pursuant to the requirements of the
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat.
3207-171, 49 U.S.C.A. App. 2701.

(D)
Except when used in section 4506.25 of the Revised Code, "commercial
motor vehicle" means any motor vehicle designed or used to
transport persons or property that meets any of the following
qualifications:

(1)
Any combination of vehicles with a gross vehicle weight or combined
gross vehicle weight rating of twenty-six thousand one pounds or
more, provided the gross vehicle weight or gross vehicle weight
rating of the vehicle or vehicles being towed is in excess of ten
thousand pounds;

(2)
Any single vehicle with a gross vehicle weight or gross vehicle
weight rating of twenty-six thousand one pounds or more;

(3)
Any single vehicle or combination of vehicles that is not a class A
or class B vehicle, but is designed to transport sixteen or more
passengers including the driver;

(4)
Any school bus with a gross vehicle weight or gross vehicle weight
rating of less than twenty-six thousand one pounds that is designed
to transport fewer than sixteen passengers including the driver;

(5)
Is transporting hazardous materials for which placarding is required
under subpart F of 49 C.F.R. part 172, as amended;

(6)
Any single vehicle or combination of vehicles that is designed to be
operated and to travel on a public street or highway and is
considered by the federal motor carrier safety administration to be a
commercial motor vehicle, including, but not limited to, a motorized
crane, a vehicle whose function is to pump cement, a rig for drilling
wells, and a portable crane.

(E)
"Controlled substance" means all of the following:

(1)
Any substance classified as a controlled substance under the
"Controlled Substances Act," 80 Stat. 1242 (1970), 21
U.S.C.A. 802(6), as amended;

(2)
Any substance included in schedules I through V of 21 C.F.R. part
1308, as amended;

(3)
Any drug of abuse.

(F)
"Conviction" means an unvacated adjudication of guilt or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or an authorized
administrative tribunal, an unvacated forfeiture of bail or
collateral deposited to secure the person's appearance in court, a
plea of guilty or nolo contendere accepted by the court, the payment
of a fine or court cost, or violation of a condition of release
without bail, regardless of whether or not the penalty is rebated,
suspended, or probated.

(G)
"Disqualification" means any of the following:

(1)
The suspension, revocation, or cancellation of a person's privileges
to operate a commercial motor vehicle;

(2)
Any withdrawal of a person's privileges to operate a commercial motor
vehicle as the result of a violation of state or local law relating
to motor vehicle traffic control other than parking, vehicle weight,
or vehicle defect violations;

(3)
A determination by the federal motor carrier safety administration
that a person is not qualified to operate a commercial motor vehicle
under 49 C.F.R. 391.

(H)
"Domiciled" means having a true, fixed, principal, and
permanent residence to which an individual intends to return.

(I)
"Downgrade" means any of the following, as applicable:

(1)
A change in the commercial driver's license, or commercial driver's
license temporary instruction permit, holder's self-certified status
as described in division (A)(1) of section 4506.10 of the Revised
Code;

(2)
A change to a lesser class of vehicle;

(3)
Removal of commercial driver's license privileges from the
individual's driver's license;

(4)
A change in the commercial driver's license, or commercial driver's
license temporary instruction permit, holder's privileges as
described in division (F)(1) of section 4506.13 of the Revised Code.

(J)
"Drive" means to drive, operate, or be in physical control
of a motor vehicle.

(K)
"Driver" means any person who drives, operates, or is in
physical control of a commercial motor vehicle or is required to have
a commercial driver's license.

(L)
"Driver's license" means a license issued by the bureau of
motor vehicles that authorizes an individual to drive.

(M)
"Drug of abuse" means any controlled substance, dangerous
drug as defined in section 4729.01 of the Revised Code, harmful
intoxicant as defined in section 2925.01 of the Revised Code,

drinkable
cannabinoid product as defined in section 3779.21 of the Revised
Code,
or
over-the-counter medication that, when taken in quantities exceeding
the recommended dosage, can result in impairment of judgment or
reflexes.

(N)
"Electronic device" includes a cellular telephone, a
personal digital assistant, a pager, a computer, and any other device
used to input, write, send, receive, or read text.

(O)
"Eligible unit of local government" means a village,
township, or county that has a population of not more than three
thousand persons according to the most recent federal census.

(P)
"Employer" means any person, including the federal
government, any state, and a political subdivision of any state, that
owns or leases a commercial motor vehicle or assigns a person to
drive such a motor vehicle.

(Q)
"Endorsement" means an authorization on a person's
commercial driver's license that is required to permit the person to
operate a specified type of commercial motor vehicle.

(R)
"Farm truck" means a truck controlled and operated by a
farmer for use in the transportation to or from a farm, for a
distance of not more than one hundred fifty miles, of products of the
farm, including livestock and its products, poultry and its products,
floricultural and horticultural products, and in the transportation
to the farm, from a distance of not more than one hundred fifty
miles, of supplies for the farm, including tile, fence, and every
other thing or commodity used in agricultural, floricultural,
horticultural, livestock, and poultry production, and livestock,
poultry, and other animals and things used for breeding, feeding, or
other purposes connected with the operation of the farm, when the
truck is operated in accordance with this division and is not used in
the operations of a motor carrier, as defined in section 4923.01 of
the Revised Code.

(S)
"Fatality" means the death of a person as the result of a
motor vehicle accident occurring not more than three hundred
sixty-five days prior to the date of death.

(T)
"Felony" means any offense under federal or state law that
is punishable by death or specifically classified as a felony under
the law of this state, regardless of the penalty that may be imposed.

(U)
"Foreign jurisdiction" means any jurisdiction other than a
state.

(V)
"Gross vehicle weight rating" means the value specified by
the manufacturer as the maximum loaded weight of a single or a
combination vehicle. The gross vehicle weight rating of a combination
vehicle is the gross vehicle weight rating of the power unit plus the
gross vehicle weight rating of each towed unit.

(W)
"Hazardous materials" means any material that has been
designated as hazardous under 49 U.S.C. 5103 and is required to be
placarded under subpart F of 49 C.F.R. part 172 or any quantity of a
material listed as a select agent or toxin in 42 C.F.R. part 73, as
amended.

(X)
"Imminent hazard" means the existence of a condition that
presents a substantial likelihood that death, serious illness, severe
personal injury, or a substantial endangerment to health, property,
or the environment may occur before the reasonably foreseeable
completion date of a formal proceeding begun to lessen the risk of
that death, illness, injury, or endangerment.

(Y)
"Medical variance" means one of the following received by a
driver from the federal motor carrier safety administration that
allows the driver to be issued a medical certificate:

(1)
An exemption letter permitting operation of a commercial motor
vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;

(2)
A skill performance evaluation certificate permitting operation of a
commercial motor vehicle pursuant to 49 C.F.R. 391.49.

(Z)
"Mobile telephone" means a mobile communication device that
falls under or uses any commercial mobile radio service as defined in
47 C.F.R. 20, except that mobile telephone does not include two-way
or citizens band radio services.

(AA)
"Motor vehicle" means a vehicle, machine, tractor, trailer,
or semitrailer propelled or drawn by mechanical power used on
highways, except that such term does not include a vehicle, machine,
tractor, trailer, or semitrailer operated exclusively on a rail.

(BB)
"Out-of-service order" means a declaration by an authorized
enforcement officer of a federal, state, local, Canadian, or Mexican
jurisdiction declaring that a driver, commercial motor vehicle, or
commercial motor carrier operation is out of service as defined in 49
C.F.R. 390.5.

(CC)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(DD)
"Portable tank" means a liquid or gaseous packaging
designed primarily to be loaded onto or temporarily attached to a
vehicle and equipped with skids, mountings, or accessories to
facilitate handling of the tank by mechanical means.

(EE)
"Public safety vehicle" has the same meaning as in
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.

(FF)
"Recreational vehicle" includes every vehicle that is
defined as a recreational vehicle in section 4501.01 of the Revised
Code and is used exclusively for purposes other than engaging in
business for profit.

(GG)
"Residence" means any person's residence determined in
accordance with standards prescribed in rules adopted by the
registrar.

(HH)
"School bus" has the same meaning as in section 4511.01 of
the Revised Code.

(II)
"Serious traffic violation" means any of the following:

(1)
A conviction arising from a single charge of operating a commercial
motor vehicle in violation of any provision of section 4506.03 of the
Revised Code;

(2)(a)
Except as provided in division (II)(2)(b) of this section, a
violation while operating a commercial motor vehicle of a law of this
state, or any municipal ordinance or county or township resolution,
or any other substantially similar law of another state or political
subdivision of another state prohibiting either of the following:

(i)
Texting while driving;

(ii)
Using a handheld mobile telephone.

(b)
It is not a serious traffic violation if the person was texting or
using a handheld mobile telephone to contact law enforcement or other
emergency services.

(3)
A conviction arising from the operation of any motor vehicle that
involves any of the following:

(a)
A single charge of any speed in excess of the posted speed limit by
fifteen miles per hour or more;

(b)
Violation of section 4511.20 or 4511.201 of the Revised Code or any
similar ordinance or resolution, or of any similar law of another
state or political subdivision of another state;

(c)
Violation of a law of this state or an ordinance or resolution
relating to traffic control, other than a parking violation, or of
any similar law of another state or political subdivision of another
state, that results in a fatal accident;

(d)
Violation of section 4506.03 of the Revised Code or a substantially
similar municipal ordinance or county or township resolution, or of
any similar law of another state or political subdivision of another
state, that involves the operation of a commercial motor vehicle
without a valid commercial driver's license with the proper class or
endorsement for the specific vehicle group being operated or for the
passengers or type of cargo being transported;

(e)
Violation of section 4506.03 of the Revised Code or a substantially
similar municipal ordinance or county or township resolution, or of
any similar law of another state or political subdivision of another
state, that involves the operation of a commercial motor vehicle
without a valid commercial driver's license being in the person's
possession;

(f)
Violation of section 4511.33 or 4511.34 of the Revised Code, or any
municipal ordinance or county or township resolution substantially
similar to either of those sections, or any substantially similar law
of another state or political subdivision of another state;

(g)
Violation of any other law of this state, any law of another state,
or any ordinance or resolution of a political subdivision of this
state or another state that meets both of the following requirements:

(i)
It relates to traffic control, other than a parking violation;

(ii)
It is determined to be a serious traffic violation by the United
States secretary of transportation and is designated by the director
as such by rule.

(JJ)
"State" means a state of the United States and includes the
District of Columbia.

(KK)
"Tank vehicle" means any commercial motor vehicle that is
designed to transport any liquid or gaseous materials within a tank
or tanks that are either permanently or temporarily attached to the
vehicle or its chassis and have an individual rated capacity of more
than one hundred nineteen gallons and an aggregate rated capacity of
one thousand gallons or more. "Tank vehicle" does not
include a commercial motor vehicle transporting an empty storage
container tank that is not designed for transportation, has a rated
capacity of one thousand gallons or more, and is temporarily attached
to a flatbed trailer.

(LL)
"Tester" means a person or entity acting pursuant to a
valid agreement entered into pursuant to division (B) of section
4506.09 of the Revised Code.

(MM)
"Texting" means manually entering alphanumeric text into,
or reading text from, an electronic device. Texting includes short
message service, e-mail, instant messaging, a command or request to
access a world wide web page, pressing more than a single button to
initiate or terminate a voice communication using a mobile telephone,
or engaging in any other form of electronic text retrieval or entry,
for present or future communication. Texting does not include the
following:

(1)
Using voice commands to initiate, receive, or terminate a voice
communication using a mobile telephone;

(2)
Inputting, selecting, or reading information on a global positioning
system or navigation system;

(3)
Pressing a single button to initiate or terminate a voice
communication using a mobile telephone; or

(4)
Using, for a purpose that is not otherwise prohibited by law, a
device capable of performing multiple functions, such as a fleet
management system, a dispatching device, a mobile telephone, a
citizens band radio, or a music player.

(NN)
"Texting while driving" means texting while operating a
commercial motor vehicle, with the motor running, including while
temporarily stationary because of traffic, a traffic control device,
or other momentary delays. Texting while driving does not include
operating a commercial motor vehicle with or without the motor
running when the driver has moved the vehicle to the side of, or off,
a highway and is stopped in a location where the vehicle can safely
remain stationary.

(OO)
"United States" means the fifty states and the District of
Columbia.

(PP)
"Upgrade" means a change in the class of vehicles,
endorsements, or self-certified status as described in division
(A)(1) of section 4506.10 of the Revised Code, that expands the
ability of a current commercial driver's license holder to operate
commercial motor vehicles under this chapter.

(QQ)
"Use of a handheld mobile telephone" means:

(1)
Using at least one hand to hold a mobile telephone to conduct a voice
communication;

(2)
Dialing or answering a mobile telephone by pressing more than a
single button; or

(3)
Reaching for a mobile telephone in a manner that requires a driver to
maneuver so that the driver is no longer in a seated driving
position, or restrained by a seat belt that is installed in
accordance with 49 C.F.R. 393.93 and adjusted in accordance with the
vehicle manufacturer's instructions.

(RR)
"Vehicle" has the same meaning as in section 4511.01 of the
Revised Code.

Sec.
4729.01.
As
used in this chapter:

(A)
"Pharmacy," except when used in a context that refers to
the practice of pharmacy, means any area, room, rooms, place of
business, department, or portion of any of the foregoing where the
practice of pharmacy is conducted.

(B)
"Practice of pharmacy" means providing pharmacist care
requiring specialized knowledge, judgment, and skill derived from the
principles of biological, chemical, behavioral, social,
pharmaceutical, and clinical sciences. As used in this division,
"pharmacist care" includes the following:

(1)
Interpreting prescriptions;

(2)
Dispensing drugs and drug therapy related devices;

(3)
Compounding drugs;

(4)
Counseling individuals with regard to their drug therapy,
recommending drug therapy related devices, and assisting in the
selection of drugs and appliances for treatment of common diseases
and injuries and providing instruction in the proper use of the drugs
and appliances;

(5)
Performing drug regimen reviews with individuals by discussing all of
the drugs that the individual is taking and explaining the
interactions of the drugs;

(6)
Performing drug utilization reviews with licensed health
professionals authorized to prescribe drugs when the pharmacist
determines that an individual with a prescription has a drug regimen
that warrants additional discussion with the prescriber;

(7)
Advising an individual and the health care professionals treating an
individual with regard to the individual's drug therapy;

(8)
Acting pursuant to a consult agreement, if an agreement has been
established;

(9)
Engaging in the administration of immunizations to the extent
authorized by section 4729.41 of the Revised Code;

(10)
Engaging in the administration of drugs to the extent authorized by
section 4729.45 of the Revised Code.

(C)
"Compounding" means the preparation, mixing, assembling,
packaging, and labeling of one or more drugs in any of the following
circumstances:

(1)
Pursuant to a prescription issued by a licensed health professional
authorized to prescribe drugs;

(2)
Pursuant to the modification of a prescription made in accordance
with a consult agreement;

(3)
As an incident to research, teaching activities, or chemical
analysis;

(4)
In anticipation of orders for drugs pursuant to prescriptions, based
on routine, regularly observed dispensing patterns;

(5)
Pursuant to a request made by a licensed health professional
authorized to prescribe drugs for a drug that is to be used by the
professional for the purpose of direct administration to patients in
the course of the professional's practice, if all of the following
apply:

(a)
At the time the request is made, the drug is not commercially
available regardless of the reason that the drug is not available,
including the absence of a manufacturer for the drug or the lack of a
readily available supply of the drug from a manufacturer.

(b)
A limited quantity of the drug is compounded and provided to the
professional.

(c)
The drug is compounded and provided to the professional as an
occasional exception to the normal practice of dispensing drugs
pursuant to patient-specific prescriptions.

(D)
"Consult agreement" means an agreement that has been
entered into under section 4729.39 of the Revised Code.

(E)
"Drug" means:

(1)
Any article recognized in the United States pharmacopoeia and
national formulary, or any supplement to them, intended for use in
the diagnosis, cure, mitigation, treatment, or prevention of disease
in humans or animals;

(2)
Any other article intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or animals;

(3)
Any article, other than food, intended to affect the structure or any
function of the body of humans or animals;

(4)
Any article intended for use as a component of any article specified
in division (E)(1), (2), or (3) of this section; but does not include
devices or their components, parts, or accessories.

"Drug"
does not include "hemp"
or
a "hemp product"
as

those
terms are
that
term is
defined
in section 928.01 of the Revised Code.

(F)
"Dangerous drug" means any of the following:

(1)
Any drug to which either of the following applies:

(a)
Under the "Federal Food, Drug, and Cosmetic Act," 52 Stat.
1040 (1938), 21 U.S.C.A. 301, as amended, the drug is required to
bear a label containing the legend "Caution: Federal law
prohibits dispensing without prescription" or "Caution:
Federal law restricts this drug to use by or on the order of a
licensed veterinarian" or any similar restrictive statement, or
the drug may be dispensed only upon a prescription;

(b)
Under Chapter 3715. or 3719. of the Revised Code, the drug may be
dispensed only upon a prescription.

(2)
Any drug that contains a schedule V controlled substance and that is
exempt from Chapter 3719. of the Revised Code or to which that
chapter does not apply;

(3)
Any drug intended for administration by injection into the human body
other than through a natural orifice of the human body;

(4)
Any drug that is a biological product, as defined in section 3715.01
of the Revised Code.

(G)
"Federal drug abuse control laws" has the same meaning as
in section 3719.01 of the Revised Code.

(H)
"Prescription" means all of the following:

(1)
A written, electronic, or oral order for drugs or combinations or
mixtures of drugs to be used by a particular individual or for
treating a particular animal, issued by a licensed health
professional authorized to prescribe drugs;

(2)
For purposes of sections 4723.4810, 4729.282, 4730.432, and 4731.93
of the Revised Code, a written, electronic, or oral order for a drug
to treat chlamydia, gonorrhea, or trichomoniasis issued to and in the
name of a patient who is not the intended user of the drug but is the
sexual partner of the intended user;

(3)
For purposes of sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 4723.483, 4729.88, 4730.433, 4731.96, and 5180.26 of the
Revised Code, a written, electronic, or oral order for an epinephrine
autoinjector issued to and in the name of a school, school district,
or camp;

(4)
For purposes of Chapter 3728. and sections 4723.483, 4729.88,
4730.433, and 4731.96 of the Revised Code, a written, electronic, or
oral order for an epinephrine autoinjector issued to and in the name
of a qualified entity, as defined in section 3728.01 of the Revised
Code;

(5)
For purposes of sections 3313.7115, 3313.7116, 3314.147, 3326.60,
3328.38, 4723.4811, 4730.437, 4731.92, and 5180.262 of the Revised
Code, a written, electronic, or oral order for injectable or nasally
administered glucagon in the name of a school, school district, or
camp.

(I)
"Licensed health professional authorized to prescribe drugs"
or "prescriber" means an individual who is authorized by
law to prescribe drugs or dangerous drugs or drug therapy related
devices in the course of the individual's professional practice,
including only the following:

(1)
A dentist licensed under Chapter 4715. of the Revised Code;

(2)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner who holds a current, valid license issued under
Chapter 4723. of the Revised Code to practice nursing as an advanced
practice registered nurse;

(3)
A certified registered nurse anesthetist who holds a current, valid
license issued under Chapter 4723. of the Revised Code to practice
nursing as an advanced practice registered nurse, but only to the
extent of the nurse's authority under sections 4723.43 and 4723.434
of the Revised Code;

(4)
An optometrist licensed under Chapter 4725. of the Revised Code to
practice optometry;

(5)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(6)
A physician assistant who holds a license to practice as a physician
assistant issued under Chapter 4730. of the Revised Code, holds a
valid prescriber number issued by the state medical board, and has
been granted physician-delegated prescriptive authority;

(7)
A veterinarian licensed under Chapter 4741. of the Revised Code;

(8)
A certified mental health assistant licensed under Chapter 4772. of
the Revised Code who has been granted physician-delegated
prescriptive authority by the physician supervising the certified
mental health assistant.

(J)
"Sale" or "sell" includes any transaction made by
any person, whether as principal proprietor, agent, or employee, to
do or offer to do any of the following: deliver, distribute, broker,
exchange, gift or otherwise give away, or transfer, whether the
transfer is by passage of title, physical movement, or both.

(K)
"Wholesale sale" and "sale at wholesale" mean any
sale in which the purpose of the purchaser is to resell the article
purchased or received by the purchaser.

(L)
"Retail sale" and "sale at retail" mean any sale
other than a wholesale sale or sale at wholesale.

(M)
"Retail seller" means any person that sells any dangerous
drug to consumers without assuming control over and responsibility
for its administration. Mere advice or instructions regarding
administration do not constitute control or establish responsibility.

(N)
"Price information" means the price charged for a
prescription for a particular drug product and, in an easily
understandable manner, all of the following:

(1)
The proprietary name of the drug product;

(2)
The established (generic) name of the drug product;

(3)
The strength of the drug product if the product contains a single
active ingredient or if the drug product contains more than one
active ingredient and a relevant strength can be associated with the
product without indicating each active ingredient. The established
name and quantity of each active ingredient are required if such a
relevant strength cannot be so associated with a drug product
containing more than one ingredient.

(4)
The dosage form;

(5)
The price charged for a specific quantity of the drug product. The
stated price shall include all charges to the consumer, including,
but not limited to, the cost of the drug product, professional fees,
handling fees, if any, and a statement identifying professional
services routinely furnished by the pharmacy. Any mailing fees and
delivery fees may be stated separately without repetition. The
information shall not be false or misleading.

(O)
"Wholesale distributor of dangerous drugs" or "wholesale
distributor" means a person engaged in the sale of dangerous
drugs at wholesale and includes any agent or employee of such a
person authorized by the person to engage in the sale of dangerous
drugs at wholesale.

(P)
"Manufacturer of dangerous drugs" or "manufacturer"
means a person, other than a pharmacist or prescriber, who
manufactures dangerous drugs and who is engaged in the sale of those
dangerous drugs.

(Q)
"Terminal distributor of dangerous drugs" or "terminal
distributor" means a person who is engaged in the sale of
dangerous drugs at retail, or any person, other than a manufacturer,
repackager, outsourcing facility, third-party logistics provider,
wholesale distributor, or pharmacist, who has possession, custody, or
control of dangerous drugs for any purpose other than for that
person's own use and consumption. "Terminal distributor"
includes pharmacies, hospitals, nursing homes, and laboratories and
all other persons who procure dangerous drugs for sale or other
distribution by or under the supervision of a pharmacist, licensed
health professional authorized to prescribe drugs, or other person
authorized by the state board of pharmacy.

(R)
"Promote to the public" means disseminating a
representation to the public in any manner or by any means, other
than by labeling, for the purpose of inducing, or that is likely to
induce, directly or indirectly, the purchase of a dangerous drug at
retail.

(S)
"Person" includes any individual, partnership, association,
limited liability company, or corporation, the state, any political
subdivision of the state, and any district, department, or agency of
the state or its political subdivisions.

(T)(1)
"Animal shelter" means a facility operated by a humane
society or any society organized under Chapter 1717. of the Revised
Code or a dog pound operated pursuant to Chapter 955. of the Revised
Code.

(2)
"County dog warden" means a dog warden or deputy dog warden
appointed or employed under section 955.12 of the Revised Code.

(U)
"Food" has the same meaning as in section 3715.01 of the
Revised Code.

(V)
"Pain management clinic" has the same meaning as in section
4731.054 of the Revised Code.

(W)
"Investigational drug or product" means a drug or product
that has successfully completed phase one of the United States food
and drug administration clinical trials and remains under clinical
trial, but has not been approved for general use by the United States
food and drug administration. "Investigational drug or product"
does not include controlled substances in schedule I, as defined in
section 3719.01 of the Revised Code.

(X)
"Product," when used in reference to an investigational
drug or product, means a biological product, other than a drug, that
is made from a natural human, animal, or microorganism source and is
intended to treat a disease or medical condition.

(Y)
"Third-party logistics provider" means a person that
provides or coordinates warehousing or other logistics services
pertaining to dangerous drugs including distribution, on behalf of a
manufacturer, wholesale distributor, or terminal distributor of
dangerous drugs, but does not take ownership of the drugs or have
responsibility to direct the sale or disposition of the drugs.

(Z)
"Repackager of dangerous drugs" or "repackager"
means a person that repacks and relabels dangerous drugs for sale or
distribution.

(AA)
"Outsourcing facility" means a facility that is engaged in
the compounding and sale of sterile drugs and is registered as an
outsourcing facility with the United States food and drug
administration.

(BB)
"Laboratory" means a laboratory licensed under this chapter
as a terminal distributor of dangerous drugs and entrusted to have
custody of any of the following drugs and to use the drugs for
scientific and clinical purposes and for purposes of instruction:
dangerous drugs that are not controlled substances, as defined in
section 3719.01 of the Revised Code; dangerous drugs that are
controlled substances, as defined in that section; and controlled
substances in schedule I, as defined in that section.

(CC)
"Overdose reversal drug" means both of the following:

(1)
Naloxone;

(2)
Any other drug that the state board of pharmacy, through rules
adopted in accordance with Chapter 119. of the Revised Code,
designates as a drug that is approved by the federal food and drug
administration for the reversal of a known or suspected
opioid-related overdose.

Sec.
4729.80.
(A)
If the state board of pharmacy establishes and maintains a drug
database pursuant to section 4729.75 of the Revised Code, the board
is authorized or required to provide information from the database
only as follows:

(1)
On receipt of a request from a designated representative of a
government entity responsible for the licensure, regulation, or
discipline of health care professionals with authority to prescribe,
administer, or dispense drugs, the board may provide to the
representative information from the database relating to the
professional who is the subject of an active investigation being
conducted by the government entity or relating to a professional who
is acting as an expert witness for the government entity in such an
investigation.

(2)
On receipt of a request from a federal officer, or a state or local
officer of this or any other state, whose duties include enforcing
laws relating to drugs, the board shall provide to the officer
information from the database relating to the person who is the
subject of an active investigation of a drug abuse offense, as
defined in section 2925.01 of the Revised Code, being conducted by
the officer's employing government entity.

(3)
Pursuant to a subpoena issued by a grand jury, the board shall
provide to the grand jury information from the database relating to
the person who is the subject of an investigation being conducted by
the grand jury.

(4)
Pursuant to a subpoena, search warrant, or court order in connection
with the investigation or prosecution of a possible or alleged
criminal offense, the board shall provide information from the
database as necessary to comply with the subpoena, search warrant, or
court order.

(5)
On receipt of a request from a prescriber or the prescriber's
delegate approved by the board, the board shall provide to the
prescriber a report of information from the database relating to a
patient who is either a current patient of the prescriber or a
potential patient of the prescriber based on a referral of the
patient to the prescriber, if all of the following conditions are
met:

(a)
The prescriber certifies in a form specified by the board that it is
for the purpose of providing medical treatment to the patient who is
the subject of the request;

(b)
The prescriber has not been denied access to the database by the
board.

(6)
On receipt of a request from a pharmacist or the pharmacist's
delegate approved by the board, the board shall provide to the
pharmacist information from the database relating to a current
patient of the pharmacist, if the pharmacist certifies in a form
specified by the board that it is for the purpose of the pharmacist's
practice of pharmacy involving the patient who is the subject of the
request and the pharmacist has not been denied access to the database
by the board.

(7)
On receipt of a request from an individual seeking the individual's
own database information in accordance with the procedure established
in rules adopted under section 4729.84 of the Revised Code, the board
may provide to the individual the individual's own prescription
history.

(8)
On receipt of a request from a medical director or a pharmacy
director of a managed care organization that has entered into a
contract with the department of medicaid under section 5167.10 of the
Revised Code and a data security agreement with the board required by
section 5167.14 of the Revised Code, the board shall provide to the
medical director or the pharmacy director information from the
database relating to a medicaid recipient enrolled in the managed
care organization, including information in the database related to
prescriptions for the recipient that were not covered or reimbursed
under a program administered by the department of medicaid.

(9)
On receipt of a request from the medicaid director, the board shall
provide to the director information from the database relating to a
recipient of a program administered by the department of medicaid,
including information in the database related to prescriptions for
the recipient that were not covered or paid by a program administered
by the department.

(10)
On receipt of a request from a medical director of a managed care
organization that has entered into a contract with the administrator
of workers' compensation under division (B)(4) of section 4121.44 of
the Revised Code and a data security agreement with the board
required by section 4121.447 of the Revised Code, the board shall
provide to the medical director information from the database
relating to a claimant under Chapter 4121., 4123., 4127., or 4131. of
the Revised Code assigned to the managed care organization, including
information in the database related to prescriptions for the claimant
that were not covered or reimbursed under Chapter 4121., 4123.,
4127., or 4131. of the Revised Code, if the administrator of workers'
compensation confirms, upon request from the board, that the claimant
is assigned to the managed care organization.

(11)
On receipt of a request from the administrator of workers'
compensation, the board shall provide to the administrator
information from the database relating to a claimant under Chapter
4121., 4123., 4127., or 4131. of the Revised Code, including
information in the database related to prescriptions for the claimant
that were not covered or reimbursed under Chapter 4121., 4123.,
4127., or 4131. of the Revised Code.

(12)
On receipt of a request from a prescriber or the prescriber's
delegate approved by the board, the board shall provide to the
prescriber information from the database relating to a patient's
mother, if the prescriber certifies in a form specified by the board
that it is for the purpose of providing medical treatment to a
newborn or infant patient diagnosed as opioid dependent and the
prescriber has not been denied access to the database by the board.

(13)
On receipt of a request from the director of health, the board shall
provide to the director information from the database relating to the
duties of the director or the department of health in implementing
the Ohio violent death reporting system established under section
3701.93 of the Revised Code.

(14)
On receipt of a request from a requestor described in division
(A)(1), (2), (5), or (6) of this section who is from or participating
with another state's prescription monitoring program, the board may
provide to the requestor information from the database, but only if
there is a written agreement under which the information is to be
used and disseminated according to the laws of this state.

(15)
On receipt of a request from a delegate of a retail dispensary
licensed under Chapter 3796. of the Revised Code who is approved by
the board to serve as the dispensary's delegate, the board shall
provide to the delegate a report of information from the database
pertaining only to a patient's use of medical marijuana, if both of
the following conditions are met:

(a)
The delegate certifies in a form specified by the board that it is
for the purpose of dispensing medical marijuana for use in accordance
with Chapter 3796. of the Revised Code.

(b)
The retail dispensary or delegate has not been denied access to the
database by the board.

(16)
On receipt of a request from a judge of a program certified by the
Ohio supreme court as a specialized docket program for drugs, the
board shall provide to the judge, or an employee of the program who
is designated by the judge to receive the information, information
from the database that relates specifically to a current or
prospective program participant.

(17)
On receipt of a request from a coroner, deputy coroner, or coroner's
delegate approved by the board, the board shall provide to the
requestor information from the database relating to a deceased person
about whom the coroner is conducting or has conducted an autopsy or
investigation.

(18)
On receipt of a request from a prescriber, the board may provide to
the prescriber a summary of the prescriber's prescribing record if
such a record is created by the board. Information in the summary is
subject to the confidentiality requirements of this chapter.

(19)
On receipt of a request from a pharmacy's responsible person
designated under section 4729.54 of the Revised Code, the board may
provide to the responsible person a summary of the pharmacy's
dispensing record if such a record is created by the board.
Information in the summary is subject to the confidentiality
requirements of this chapter.

(20)
The board may provide information from the database without request
to a prescriber or pharmacist who is authorized to use the database
pursuant to this chapter.

(21)(a)
On receipt of a request from a prescriber or pharmacist, or the
prescriber's or pharmacist's delegate, who is a designated
representative of a peer review committee, the board shall provide to
the committee information from the database relating to a prescriber
who is subject to the committee's evaluation, supervision, or
discipline if the information is to be used for one of those
purposes. The board shall provide only information that it
determines, in accordance with rules adopted under section 4729.84 of
the Revised Code, is appropriate to be provided to the committee.

(b)
As used in division (A)(21)(a) of this section, "peer review
committee" has the same meaning as in section 2305.25 of the
Revised Code, except that it includes only a peer review committee of
a hospital or a peer review committee of a nonprofit health care
corporation that is a member of the hospital or of which the hospital
is a member.

(22)
On receipt of a request from a requestor described in division (A)(5)
or (6) of this section who is from or participating with a
prescription monitoring program that is operated by a federal agency
and approved by the board, the board may provide to the requestor
information from the database, but only if there is a written
agreement under which the information is to be used and disseminated
according to the laws of this state.

(23)
Any personal health information submitted to the board pursuant to
section 4729.772 of the Revised Code may be provided by the board
only as authorized by the submitter of the information and in
accordance with rules adopted under section 4729.84 of the Revised
Code.

(24)
On receipt of a request from a person described in division (A)(5),
(6), or (17) of this section who is participating in a drug overdose
fatality review committee described in section 307.631 of the Revised
Code, the board may provide to the requestor information from the
database, but only if there is a written agreement under which the
information is to be used and disseminated according to the laws of
this state.

(25)
On receipt of a request from a person described in division (A)(5),
(6), or (17) of this section who is participating in a suicide
fatality review committee described in section 307.641 of the Revised
Code, the board may provide to the requestor information from the
database, but only if there is a written agreement under which the
information is to be used and disseminated according to the laws of
this state.

(26)
On receipt of a request from a designated representative of the
division of
marijuana

cannabis

control
in the department of commerce, the board shall provide to the
representative information from the database relating to an
individual who, or entity that, is the subject of an active
investigation being conducted by the division.

(B)
The state board of pharmacy shall maintain a record of each
individual or entity that requests information from the database
pursuant to this section. In accordance with rules adopted under
section 4729.84 of the Revised Code, the board may use the records to
document and report statistics and law enforcement outcomes.

The
board may provide records of an individual's requests for database
information only to the following:

(1)
A designated representative of a government entity that is
responsible for the licensure, regulation, or discipline of health
care professionals with authority to prescribe, administer, or
dispense drugs who is involved in an active criminal or disciplinary
investigation being conducted by the government entity of the
individual who submitted the requests for database information;

(2)
A federal officer, or a state or local officer of this or any other
state, whose duties include enforcing laws relating to drugs and who
is involved in an active investigation being conducted by the
officer's employing government entity of the individual who submitted
the requests for database information;

(3)
A designated representative of the department of medicaid regarding a
prescriber who is treating or has treated a recipient of a program
administered by the department and who submitted the requests for
database information.

(C)
Information contained in the database and any information obtained
from it is confidential and is not a public record. Information
contained in the records of requests for information from the
database is confidential and is not a public record. Information
contained in the database that does not identify a person, including
any licensee or registrant of the board or other entity, may be
released in summary, statistical, or aggregate form.

(D)
A pharmacist or prescriber shall not be held liable in damages to any
person in any civil action for injury, death, or loss to person or
property on the basis that the pharmacist or prescriber did or did
not seek or obtain information from the database.

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.
4776.01.
As
used in this chapter:

(A)
"License" means an authorization evidenced by a license,
certificate, registration, permit, card, or other authority that is
issued or conferred by a licensing agency to a licensee or to an
applicant for an initial license by which the licensee or initial
license applicant has or claims the privilege to engage in a
profession, occupation, or occupational activity, or, except in the
case of the state dental board, to have control of and operate
certain specific equipment, machinery, or premises, over which the
licensing agency has jurisdiction.

(B)
Except as provided in section 4776.20 of the Revised Code, "licensee"
means the person to whom the license is issued by a licensing agency.
"Licensee" includes a person who, for purposes of section
3796.13 of the Revised Code, has complied with sections 4776.01 to
4776.04 of the Revised Code and has been determined by the division
of
marijuana

cannabis

control,
as the applicable licensing agency, to meet the requirements for
employment.

(C)
Except as provided in section 4776.20 of the Revised Code, "licensing
agency" means any of the following:

(1)
The board authorized by Chapters 4701., 4717., 4725., 4729., 4730.,
4731., 4732., 4734., 4740., 4741., 4747., 4751., 4753., 4755., 4757.,
4759., 4760., 4761., 4762., 4772., 4774., 4778., 4779., and 4783. of
the Revised Code to issue a license to engage in a specific
profession, occupation, or occupational activity, or to have charge
of and operate certain specific equipment, machinery, or premises.

(2)
The state dental board, relative to its authority to issue a license
pursuant to section 4715.12, 4715.16, 4715.21, or 4715.27 of the
Revised Code;

(3)
The division of marijuana control, relative to its authority under
Chapter 3796. of the Revised Code and any rules adopted under that
chapter with respect to a person who is subject to section 3796.13 of
the Revised Code;

(4)
The director of agriculture, relative to the director's authority to
issue licenses under Chapter 928. of the Revised Code.

(D)
"Applicant for an initial license" includes persons seeking
a license for the first time and persons seeking a license by
reciprocity, endorsement, or similar manner of a license issued in
another state. "Applicant for an initial license" also
includes a person who, for purposes of section 3796.13 of the Revised
Code, is required to comply with sections 4776.01 to 4776.04 of the
Revised Code.

(E)
"Applicant for a restored license" includes persons seeking
restoration of a license under section 4730.14, 4730.28, 4731.222,
4731.281, 4759.062, 4759.063, 4760.06, 4760.061, 4761.06, 4761.061,
4762.06, 4762.061, 4772.08, 4772.082, 4774.06, 4774.061, 4778.07, or
4778.071 of the Revised Code. "Applicant for a restored license"
does not include a person seeking restoration of a license under
section 4751.33 of the Revised Code.

(F)
"Criminal records check" has the same meaning as in section
109.572 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.
5119.171.
The
department of behavioral health shall establish and administer a
statewide program to prevent youth use of cannabis. The program shall
do the following:

(A)
Use a harm reduction approach;

(B)
Include practices aimed at the prevention or reduction of substance
use, substance abuse, substance dependence, and substance use
disorders;

(C)
Use other evidence-based approaches selected by the department.

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.

(O)
The department of public safety shall assist the department of
commerce in enforcing Chapter 3779. 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
3779.,
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
3779. of the Revised Code and the policies established under that
chapter, 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 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.
5703.052.
(A)
There is hereby created in the state treasury the tax refund fund,
from which refunds shall be paid for amounts illegally or erroneously
assessed or collected, or for any other reason overpaid, with respect
to taxes levied by Chapter
3796.,

4301.,
4305., 5726., 5728., 5729., 5731., 5733., 5735., 5736., 5739., 5741.,
5743., 5747., 5748., 5749., 5751., or 5753. and sections 3737.71,
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,
5727.81, and 5727.811 of the Revised Code. Refunds for fees levied
under sections 3734.90 to 3734.9014 of the Revised Code, wireless
9-1-1 charges imposed under section 128.40 of the Revised Code, next
generation 9-1-1 access fees imposed under sections 128.41 and 128.42
of the Revised Code, or any penalties assessed with respect to such
fees or charges, that are illegally or erroneously assessed or
collected, or for any other reason overpaid, also shall be paid from
the fund. Refunds for amounts illegally or erroneously assessed or
collected by the tax commissioner, or for any other reason overpaid,
that are due under section 1509.50 of the Revised Code shall be paid
from the fund. Refunds for amounts illegally or erroneously assessed
or collected by the commissioner, or for any other reason overpaid to
the commissioner, under sections 718.80 to 718.95 of the Revised Code
shall be paid from the fund. However, refunds for amounts illegally
or erroneously assessed or collected by the commissioner, or for any
other reason overpaid to the commissioner, with respect to taxes
levied under section 5739.101 of the Revised Code shall not be paid
from the tax refund fund, but shall be paid as provided in section
5739.104 of the Revised Code.

(B)(1)
Upon certification by the tax commissioner to the treasurer of state
of a tax refund, a wireless 9-1-1 charge refund, a next generation
9-1-1 access fee refund, or another amount refunded, or by the
superintendent of insurance of a domestic or foreign insurance tax
refund, the treasurer of state shall place the amount certified to
the credit of the fund. The certified amount transferred shall be
derived from the receipts of the same tax, fee, wireless 9-1-1
charge, next generation 9-1-1 access fee, or other amount from which
the refund arose.

(2)
When a refund is for a tax, fee, wireless 9-1-1 charge, next
generation 9-1-1 access fee, or other amount that is not levied by
the state or that was illegally or erroneously distributed to a
taxing jurisdiction, the tax commissioner shall recover the amount of
that refund from the next distribution of that tax, fee, wireless
9-1-1 charge, next generation 9-1-1 access fee, or other amount that
otherwise would be made to the taxing jurisdiction. If the amount to
be recovered would exceed twenty-five per cent of the next
distribution of that tax, fee, wireless 9-1-1 charge, next generation
9-1-1 access fee, or other amount, the commissioner may spread the
recovery over more than one future distribution, taking into account
the amount to be recovered and the amount of the anticipated future
distributions. In no event may the commissioner spread the recovery
over a period to exceed seventy-two months.

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.

Section
2.
That
existing sections 9.79, 109.572
,
121.04, 121.08
,
131.02, 519.21, 715.013,
928.02
,
928.03
,
928.04, 2925.01
,
3376.07
,
3719.01, 3719.41
,
3780.37, 3796.01, 3796.02
,
3796.021
,
3796.03
,
3796.032
,
3796.05, 3796.06
,
3796.061
,
3796.07
,
3796.08
,
3796.09, 3796.10
,
3796.11
,
3796.12, 3796.13, 3796.14, 3796.15
,
3796.16
,
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, 4506.01
,
4729.01, 4729.80
,
4735.18
,
4776.01
,
4796.25, 5502.01, 5502.13, 5502.14, 5703.052,
and

5713.30
of the Revised Code are hereby repealed.

Section
3.
That
sections
928.01,

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, 3780.20, 3780.21, 3780.22, 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.
That
sections 3779.21, 3779.211, 3779.22, 3779.23, 3779.24, 3779.25,
3779.26, 3779.27, 3779.28, 3779.29, 3779.30, and 3779.99 of the
Revised Code are hereby repealed, effective December 31, 2026.

Section
5.
That

existing

section
4506.01 of the Revised Code amended
by
Section 1 of this act be amended
to
read as follows:

Sec.
4506.01.
As
used in this chapter:

(A)
"Alcohol concentration" means the concentration of alcohol
in a person's blood, breath, or urine. When expressed as a
percentage, it means grams of alcohol per the following:

(1)
One hundred milliliters of whole blood, blood serum, or blood plasma;

(2)
Two hundred ten liters of breath;

(3)
One hundred milliliters of urine.

(B)
"Commercial driver's license" means a license issued in
accordance with this chapter that authorizes an individual to drive a
commercial motor vehicle.

(C)
"Commercial driver's license information system" means the
information system established pursuant to the requirements of the
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat.
3207-171, 49 U.S.C.A. App. 2701.

(D)
Except when used in section 4506.25 of the Revised Code, "commercial
motor vehicle" means any motor vehicle designed or used to
transport persons or property that meets any of the following
qualifications:

(1)
Any combination of vehicles with a gross vehicle weight or combined
gross vehicle weight rating of twenty-six thousand one pounds or
more, provided the gross vehicle weight or gross vehicle weight
rating of the vehicle or vehicles being towed is in excess of ten
thousand pounds;

(2)
Any single vehicle with a gross vehicle weight or gross vehicle
weight rating of twenty-six thousand one pounds or more;

(3)
Any single vehicle or combination of vehicles that is not a class A
or class B vehicle, but is designed to transport sixteen or more
passengers including the driver;

(4)
Any school bus with a gross vehicle weight or gross vehicle weight
rating of less than twenty-six thousand one pounds that is designed
to transport fewer than sixteen passengers including the driver;

(5)
Is transporting hazardous materials for which placarding is required
under subpart F of 49 C.F.R. part 172, as amended;

(6)
Any single vehicle or combination of vehicles that is designed to be
operated and to travel on a public street or highway and is
considered by the federal motor carrier safety administration to be a
commercial motor vehicle, including, but not limited to, a motorized
crane, a vehicle whose function is to pump cement, a rig for drilling
wells, and a portable crane.

(E)
"Controlled substance" means all of the following:

(1)
Any substance classified as a controlled substance under the
"Controlled Substances Act," 80 Stat. 1242 (1970), 21
U.S.C.A. 802(6), as amended;

(2)
Any substance included in schedules I through V of 21 C.F.R. part
1308, as amended;

(3)
Any drug of abuse.

(F)
"Conviction" means an unvacated adjudication of guilt or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or an authorized
administrative tribunal, an unvacated forfeiture of bail or
collateral deposited to secure the person's appearance in court, a
plea of guilty or nolo contendere accepted by the court, the payment
of a fine or court cost, or violation of a condition of release
without bail, regardless of whether or not the penalty is rebated,
suspended, or probated.

(G)
"Disqualification" means any of the following:

(1)
The suspension, revocation, or cancellation of a person's privileges
to operate a commercial motor vehicle;

(2)
Any withdrawal of a person's privileges to operate a commercial motor
vehicle as the result of a violation of state or local law relating
to motor vehicle traffic control other than parking, vehicle weight,
or vehicle defect violations;

(3)
A determination by the federal motor carrier safety administration
that a person is not qualified to operate a commercial motor vehicle
under 49 C.F.R. 391.

(H)
"Domiciled" means having a true, fixed, principal, and
permanent residence to which an individual intends to return.

(I)
"Downgrade" means any of the following, as applicable:

(1)
A change in the commercial driver's license, or commercial driver's
license temporary instruction permit, holder's self-certified status
as described in division (A)(1) of section 4506.10 of the Revised
Code;

(2)
A change to a lesser class of vehicle;

(3)
Removal of commercial driver's license privileges from the
individual's driver's license;

(4)
A change in the commercial driver's license, or commercial driver's
license temporary instruction permit, holder's privileges as
described in division (F)(1) of section 4506.13 of the Revised Code.

(J)
"Drive" means to drive, operate, or be in physical control
of a motor vehicle.

(K)
"Driver" means any person who drives, operates, or is in
physical control of a commercial motor vehicle or is required to have
a commercial driver's license.

(L)
"Driver's license" means a license issued by the bureau of
motor vehicles that authorizes an individual to drive.

(M)
"Drug of abuse" means any controlled substance, dangerous
drug as defined in section 4729.01 of the Revised Code, harmful
intoxicant as defined in section 2925.01 of the Revised Code,

drinkable
cannabinoid product as defined in section 3779.21 of the Revised
Code,
or
over-the-counter medication that, when taken in quantities exceeding
the recommended dosage, can result in impairment of judgment or
reflexes.

(N)
"Electronic device" includes a cellular telephone, a
personal digital assistant, a pager, a computer, and any other device
used to input, write, send, receive, or read text.

(O)
"Eligible unit of local government" means a village,
township, or county that has a population of not more than three
thousand persons according to the most recent federal census.

(P)
"Employer" means any person, including the federal
government, any state, and a political subdivision of any state, that
owns or leases a commercial motor vehicle or assigns a person to
drive such a motor vehicle.

(Q)
"Endorsement" means an authorization on a person's
commercial driver's license that is required to permit the person to
operate a specified type of commercial motor vehicle.

(R)
"Farm truck" means a truck controlled and operated by a
farmer for use in the transportation to or from a farm, for a
distance of not more than one hundred fifty miles, of products of the
farm, including livestock and its products, poultry and its products,
floricultural and horticultural products, and in the transportation
to the farm, from a distance of not more than one hundred fifty
miles, of supplies for the farm, including tile, fence, and every
other thing or commodity used in agricultural, floricultural,
horticultural, livestock, and poultry production, and livestock,
poultry, and other animals and things used for breeding, feeding, or
other purposes connected with the operation of the farm, when the
truck is operated in accordance with this division and is not used in
the operations of a motor carrier, as defined in section 4923.01 of
the Revised Code.

(S)
"Fatality" means the death of a person as the result of a
motor vehicle accident occurring not more than three hundred
sixty-five days prior to the date of death.

(T)
"Felony" means any offense under federal or state law that
is punishable by death or specifically classified as a felony under
the law of this state, regardless of the penalty that may be imposed.

(U)
"Foreign jurisdiction" means any jurisdiction other than a
state.

(V)
"Gross vehicle weight rating" means the value specified by
the manufacturer as the maximum loaded weight of a single or a
combination vehicle. The gross vehicle weight rating of a combination
vehicle is the gross vehicle weight rating of the power unit plus the
gross vehicle weight rating of each towed unit.

(W)
"Hazardous materials" means any material that has been
designated as hazardous under 49 U.S.C. 5103 and is required to be
placarded under subpart F of 49 C.F.R. part 172 or any quantity of a
material listed as a select agent or toxin in 42 C.F.R. part 73, as
amended.

(X)
"Imminent hazard" means the existence of a condition that
presents a substantial likelihood that death, serious illness, severe
personal injury, or a substantial endangerment to health, property,
or the environment may occur before the reasonably foreseeable
completion date of a formal proceeding begun to lessen the risk of
that death, illness, injury, or endangerment.

(Y)
"Medical variance" means one of the following received by a
driver from the federal motor carrier safety administration that
allows the driver to be issued a medical certificate:

(1)
An exemption letter permitting operation of a commercial motor
vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;

(2)
A skill performance evaluation certificate permitting operation of a
commercial motor vehicle pursuant to 49 C.F.R. 391.49.

(Z)
"Mobile telephone" means a mobile communication device that
falls under or uses any commercial mobile radio service as defined in
47 C.F.R. 20, except that mobile telephone does not include two-way
or citizens band radio services.

(AA)
"Motor vehicle" means a vehicle, machine, tractor, trailer,
or semitrailer propelled or drawn by mechanical power used on
highways, except that such term does not include a vehicle, machine,
tractor, trailer, or semitrailer operated exclusively on a rail.

(BB)
"Out-of-service order" means a declaration by an authorized
enforcement officer of a federal, state, local, Canadian, or Mexican
jurisdiction declaring that a driver, commercial motor vehicle, or
commercial motor carrier operation is out of service as defined in 49
C.F.R. 390.5.

(CC)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(DD)
"Portable tank" means a liquid or gaseous packaging
designed primarily to be loaded onto or temporarily attached to a
vehicle and equipped with skids, mountings, or accessories to
facilitate handling of the tank by mechanical means.

(EE)
"Public safety vehicle" has the same meaning as in
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.

(FF)
"Recreational vehicle" includes every vehicle that is
defined as a recreational vehicle in section 4501.01 of the Revised
Code and is used exclusively for purposes other than engaging in
business for profit.

(GG)
"Residence" means any person's residence determined in
accordance with standards prescribed in rules adopted by the
registrar.

(HH)
"School bus" has the same meaning as in section 4511.01 of
the Revised Code.

(II)
"Serious traffic violation" means any of the following:

(1)
A conviction arising from a single charge of operating a commercial
motor vehicle in violation of any provision of section 4506.03 of the
Revised Code;

(2)(a)
Except as provided in division (II)(2)(b) of this section, a
violation while operating a commercial motor vehicle of a law of this
state, or any municipal ordinance or county or township resolution,
or any other substantially similar law of another state or political
subdivision of another state prohibiting either of the following:

(i)
Texting while driving;

(ii)
Using a handheld mobile telephone.

(b)
It is not a serious traffic violation if the person was texting or
using a handheld mobile telephone to contact law enforcement or other
emergency services.

(3)
A conviction arising from the operation of any motor vehicle that
involves any of the following:

(a)
A single charge of any speed in excess of the posted speed limit by
fifteen miles per hour or more;

(b)
Violation of section 4511.20 or 4511.201 of the Revised Code or any
similar ordinance or resolution, or of any similar law of another
state or political subdivision of another state;

(c)
Violation of a law of this state or an ordinance or resolution
relating to traffic control, other than a parking violation, or of
any similar law of another state or political subdivision of another
state, that results in a fatal accident;

(d)
Violation of section 4506.03 of the Revised Code or a substantially
similar municipal ordinance or county or township resolution, or of
any similar law of another state or political subdivision of another
state, that involves the operation of a commercial motor vehicle
without a valid commercial driver's license with the proper class or
endorsement for the specific vehicle group being operated or for the
passengers or type of cargo being transported;

(e)
Violation of section 4506.03 of the Revised Code or a substantially
similar municipal ordinance or county or township resolution, or of
any similar law of another state or political subdivision of another
state, that involves the operation of a commercial motor vehicle
without a valid commercial driver's license being in the person's
possession;

(f)
Violation of section 4511.33 or 4511.34 of the Revised Code, or any
municipal ordinance or county or township resolution substantially
similar to either of those sections, or any substantially similar law
of another state or political subdivision of another state;

(g)
Violation of any other law of this state, any law of another state,
or any ordinance or resolution of a political subdivision of this
state or another state that meets both of the following requirements:

(i)
It relates to traffic control, other than a parking violation;

(ii)
It is determined to be a serious traffic violation by the United
States secretary of transportation and is designated by the director
as such by rule.

(JJ)
"State" means a state of the United States and includes the
District of Columbia.

(KK)
"Tank vehicle" means any commercial motor vehicle that is
designed to transport any liquid or gaseous materials within a tank
or tanks that are either permanently or temporarily attached to the
vehicle or its chassis and have an individual rated capacity of more
than one hundred nineteen gallons and an aggregate rated capacity of
one thousand gallons or more. "Tank vehicle" does not
include a commercial motor vehicle transporting an empty storage
container tank that is not designed for transportation, has a rated
capacity of one thousand gallons or more, and is temporarily attached
to a flatbed trailer.

(LL)
"Tester" means a person or entity acting pursuant to a
valid agreement entered into pursuant to division (B) of section
4506.09 of the Revised Code.

(MM)
"Texting" means manually entering alphanumeric text into,
or reading text from, an electronic device. Texting includes short
message service, e-mail, instant messaging, a command or request to
access a world wide web page, pressing more than a single button to
initiate or terminate a voice communication using a mobile telephone,
or engaging in any other form of electronic text retrieval or entry,
for present or future communication. Texting does not include the
following:

(1)
Using voice commands to initiate, receive, or terminate a voice
communication using a mobile telephone;

(2)
Inputting, selecting, or reading information on a global positioning
system or navigation system;

(3)
Pressing a single button to initiate or terminate a voice
communication using a mobile telephone; or

(4)
Using, for a purpose that is not otherwise prohibited by law, a
device capable of performing multiple functions, such as a fleet
management system, a dispatching device, a mobile telephone, a
citizens band radio, or a music player.

(NN)
"Texting while driving" means texting while operating a
commercial motor vehicle, with the motor running, including while
temporarily stationary because of traffic, a traffic control device,
or other momentary delays. Texting while driving does not include
operating a commercial motor vehicle with or without the motor
running when the driver has moved the vehicle to the side of, or off,
a highway and is stopped in a location where the vehicle can safely
remain stationary.

(OO)
"United States" means the fifty states and the District of
Columbia.

(PP)
"Upgrade" means a change in the class of vehicles,
endorsements, or self-certified status as described in division
(A)(1) of section 4506.10 of the Revised Code, that expands the
ability of a current commercial driver's license holder to operate
commercial motor vehicles under this chapter.

(QQ)
"Use of a handheld mobile telephone" means:

(1)
Using at least one hand to hold a mobile telephone to conduct a voice
communication;

(2)
Dialing or answering a mobile telephone by pressing more than a
single button; or

(3)
Reaching for a mobile telephone in a manner that requires a driver to
maneuver so that the driver is no longer in a seated driving
position, or restrained by a seat belt that is installed in
accordance with 49 C.F.R. 393.93 and adjusted in accordance with the
vehicle manufacturer's instructions.

(RR)
"Vehicle" has the same meaning as in section 4511.01 of the
Revised Code.

Section
6.
That
existing section 4506.01 of the Revised Code
as
amended by Section 1 of this act
is
hereby repealed.

Section
7.
Sections
5 and 6 of this act take effect December 31, 2026.

Section
8.
(A)
All rules adopted by the Division of Cannabis Control or the Tax
Commissioner 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 or
the Tax Commissioner, respectively. At the request of the Division of
Cannabis Control or the Tax Commissioner, 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 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 Cannabis 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
9.
If
any provision of a section of this act or the application thereof to
any person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of the section or related
sections that can be given effect without the invalid provision or
application, and to this end the provisions are severable.

Section
10.
Section
519.21 of the Revised Code is presented in this act as a composite of
the section as amended by both H.B. 523 and S.B. 75 of the 131st
General Assembly. 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 composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.

Section
11.
All
items in this act are hereby appropriated as designated out of any
moneys in the state treasury to the credit of the designated fund.
For all operating appropriations made in this act, those in the first
column are for fiscal year 2026 and those in the second column are
for fiscal year 2027. The operating appropriations made in this act
are in addition to any other operating appropriations made for these
fiscal years.

Section
12.

1

2

3

4

5

A

RDF
STATE REVENUE DISTRIBUTIONS

B

Revenue
Distribution Fund Group

C

7106

110659

Host
Community Cannabis Payments

$47,500,000

$49,000,000

D

Revenue
Distribution Fund Group Total

$47,500,000

$49,000,000

E

TOTAL
ALL BUDGET FUND GROUPS

$47,500,000

$49,000,000

HOST
COMMUNITY CANNABIS PAYMENTS

The
foregoing appropriation item 110659, Host Community Cannabis
Payments, shall be used by the Tax Commissioner for payments to
municipal corporations and townships as required under section
3796.40 of the Revised Code. If it is determined that additional
appropriations are necessary for this purpose, such amounts are
hereby appropriated.

Section
13.
Within
the limits set forth in this act, the Director of Budget and
Management shall establish accounts indicating the source and amount
of funds for each appropriation made in this act, and shall determine
the manner in which appropriation accounts shall be maintained.
Expenditures from operating appropriations contained in this act
shall be accounted for as though made in, and are subject to all
applicable provisions of, H.B. 96 of the 136th General Assembly.

Section
14.
Should
the federal government legalize hemp beverages at
tetrahydrocannabinol limits greater than those allowable under the
version of 7 U.S.C. 1639o, et seq., set to take effect on November
12, 2026, it is the intent of the General Assembly to review the
federal enactment and consider a more robust regulatory framework of
these products, including licensure, registration, taxation, and
responsible consumer and child protections in an effort to legalize
hemp beverages for sale and consumption in Ohio beyond December 31,
2026. Nothing in this section shall be interpreted to legalize
drinkable cannabinoid products, as defined in section 3779.21 of the
Revised Code, or hemp beverages beyond December 31, 2026.

Speaker
___________________ of the House of Representatives.

President
___________________ of the Senate.

Passed
________________________, 20____

Approved
________________________, 20____

Governor.

The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.

Director, Legislative
Service Commission.

Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.

Secretary of State.

File
No. _________ Effective Date ___________________