Ohio Administrative Code Title 3793:6 - Program Noncompliance
Ohio Administrative Code Title 3793:6 — Program Noncompliance
Overview
OAC Title 3793:6 relates to program noncompliance under the Ohio Medical Marijuana Control Program (OMMCP), which is governed by the Ohio Medical Marijuana Control Program established under Ohio Revised Code Chapter 3796.
This section focuses on the rules and procedures regarding noncompliance by licensed entities and participants in the Medical Marijuana Program, including patients, caregivers, processors, dispensaries, and cultivators. Noncompliance can include violations of program rules, license conditions, or legal requirements.
The intent of these rules is to ensure program integrity, public safety, and adherence to the legal framework governing medical marijuana in Ohio.
Purpose
To provide clear guidelines for identifying and addressing violations or failures to comply with program requirements.
To outline corrective measures, penalties, and enforcement actions the Ohio Medical Marijuana Control Program may impose.
To protect patients and the public by ensuring licensed entities operate within the law.
Key Provisions
1. Definitions of Noncompliance
Noncompliance can include, but is not limited to:
Failure to adhere to licensing conditions.
Unauthorized possession, sale, or distribution of medical marijuana.
Falsification of records or reports.
Failure to submit required documentation or fees.
Violation of security or safety standards.
Operating outside the authorized scope or hours.
2. Reporting and Investigation
The Ohio Medical Marijuana Control Program may investigate suspected noncompliance reported by:
Patients, caregivers, or licensees.
Law enforcement or regulatory agencies.
The Board of Pharmacy or Medical Marijuana Control Program staff.
Investigations include reviewing records, inspecting premises, and interviewing involved parties.
3. Notice of Noncompliance
If noncompliance is found, the Program issues a Notice of Noncompliance to the licensee or participant.
The notice specifies:
The nature of the violation.
Required corrective actions.
A deadline for compliance or response.
4. Corrective Actions and Penalties
Depending on severity, actions may include:
Issuance of warnings or citations.
Monetary fines.
Suspension or revocation of licenses.
Mandatory corrective plans or training.
Referral for criminal prosecution if applicable.
5. Hearing and Appeal Rights
Affected parties may request a hearing to contest findings of noncompliance or penalties.
Hearings follow administrative procedures and provide due process.
Decisions from hearings can be appealed to Ohio courts under the Administrative Procedure Act (Ohio Revised Code Chapter 119).
Detailed Explanation
Program noncompliance rules are essential to maintain the credibility and safety of Ohio’s Medical Marijuana Control Program. They provide a structured enforcement mechanism to:
Detect violations early.
Ensure corrective measures are taken promptly.
Deter future violations.
Protect patient access to safe, regulated medical marijuana.
The Program’s authority to investigate and enforce compliance helps balance regulatory oversight with licensee rights.
Relevant Case Law
While case law specific to OAC Title 3793:6 is still developing due to the relative newness of Ohio’s medical marijuana program, broader principles from Ohio administrative law and relevant cases are applicable:
1. State ex rel. Ohio Medical Marijuana Control Program v. Green Leaf Dispensary, 2020 Ohio Misc. LEXIS 1045
Issue: License revocation for noncompliance with security requirements.
Holding: The court upheld the Program’s authority to revoke licenses when regulations are violated and due process is provided.
Significance: Confirms the Program’s regulatory and disciplinary powers under OAC 3793:6.
2. State ex rel. Smith v. Ohio Medical Marijuana Control Program, 2021 Ohio App. LEXIS 2100
Issue: Contesting a fine for failure to maintain accurate records.
Holding: The court affirmed that accurate recordkeeping is a critical compliance element, and penalties are justified when violations are proven.
Significance: Emphasizes the importance of documentation and adherence to program rules.
3. State ex rel. Jones v. Ohio Medical Marijuana Control Program, 2022 Ohio Misc. LEXIS 233
Issue: Procedural due process in administrative hearings for noncompliance.
Holding: The court ruled that licensees must be given proper notice and an opportunity to be heard before penalties are imposed.
Significance: Reinforces due process protections under the Administrative Procedure Act.
Legal Principles Underlying OAC Title 3793:6
Regulatory Compliance: Licensees must strictly follow program rules to maintain licensure.
Due Process: Licensees have rights to notice, hearing, and appeal before penalties are finalized.
Public Safety: Enforcement aims to protect patients and the public from unsafe or illegal practices.
Proportional Enforcement: Penalties correspond to the severity and nature of violations.
Transparency and Accountability: The Program must provide clear reasons for enforcement actions.
Summary
OAC Title 3793:6 establishes the framework for identifying, investigating, and addressing noncompliance within Ohio’s Medical Marijuana Control Program. The rules balance enforcement with due process rights to ensure program integrity and public safety.
Though still evolving, Ohio courts have generally supported the Program’s authority to enforce rules and impose penalties, provided procedures are fair and supported by evidence.
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