Ohio Administrative Code Title 3796:5 - Administration and Enforcement
Ohio Administrative Code Title 3796:5 - Administration and Enforcement governs the oversight, rule enforcement, and administrative procedures of Ohio’s Medical Marijuana Control Program. This title provides the regulatory framework for compliance, penalties, recordkeeping, and reporting standards across all licensees.
Key Components of Title 3796:5:
General Provisions
Establishes the authority and responsibilities of the State of Ohio Board of Pharmacy and Department of Commerce in administering the medical marijuana program.
Inspections and Investigations
Outlines procedures for unannounced inspections and investigations of licensees.
Grants enforcement authority to ensure compliance with Chapter 3796 of the Revised Code.
Compliance and Enforcement
Describes violation types (minor, major, and administrative).
Specifies enforcement actions: citations, fines, suspensions, revocations.
Details the process for licensee responses to alleged violations.
Disciplinary Procedures
Provides for formal hearings, notice requirements, and the appeals process.
Lists factors considered in disciplinary actions, such as harm, intent, and prior violations.
Recordkeeping and Reporting
Requires licensees to maintain operational records (e.g., employee, inventory, sales) for a specified time.
Mandates timely reporting of incidents such as theft, loss, or adverse patient events.
Security and Confidentiality
Establishes standards for maintaining the confidentiality of patient and licensee information.
Requires secure data storage and authorized access procedures.
Fees and Fines
Lists the administrative fees and fines that may be imposed for violations or late submissions.
Waivers and Variances
Provides a mechanism for licensees to request temporary relief from specific regulatory requirements under defined conditions.
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