Medical Marijuana Control Program

Compliance Reminder
The MMCP has received several reports detailing examples of licensees distributing apparel to patients or dispensary employees. Please note Ohio Admin. Code 3796:5-7-01(H) states that a cultivator, processor, or testing laboratory shall not sell or otherwise distribute clothing, apparel or wearable accessories, unless such sale or distribution is to an employee for purposes of identification while at the licensed facility. This prohibition includes, but is not limited to, distributing apparel to patients or to dispensary employees. Any cultivator, processor, or testing laboratory found distributing apparel in violation of this rule is subject to enforcement action pursuant to applicable provisions of Ohio Admin. Code 3796.

State of Ohio Board of Pharmacy
Vape Device Guidance
The following was recently communicated by the State of Ohio Board of Pharmacy:

The May newsletter included guidance regarding vaporizing devices that require cartridges to include the following instructions: “(1) that the device shall not be modified by the purchaser or used with batteries not specifically intended for that device rendering it unable to meter the doses, and (2) that modifying or using this device in a manner not designed or intended may result in grounds for discipline.”

In response to feedback from patients, the board has determined the following instructions would be sufficient: “(1) that the device shall not be modified by the purchaser or used with batteries not specifically intended for that device rendering it unable to meter the doses, and (2) that modifying or using this device in a manner not designed or intended is inconsistent with program rules.

Below are the full details on the guidance regarding vaporizing devices:
 
Oils for vaporization that are sold in a vaporizing device (e.g. vaporizing pen or cartridge) must be capable of meter dosing the product. If the device does not include this functionality, then the medical marijuana product will need to be sold pre-dosed (e.g. syringe, scoop, etc.). 

The Board has determined that a battery timing shut off mechanism is sufficient to meet this requirement. If the product is dosed by the timing shut off mechanism from the battery, the battery is required to be sold with the cartridge. Processors are permitted to sell multiple cartridges if they are sold with a battery. 

A cartridge would be permitted to be sold without a battery if the processor provides confirmation that the cartridge is unique to a certain battery and not compatible with other batteries. (There are some processors that have approved products that do not require the battery to be sold with the cartridge for this reason.) 

The approval of a vaporizing device is based upon the information included in the submission, which includes the product’s intended use. Devices must include language in the instructions stating: (1) that the device shall not be modified by the purchaser or used with batteries not specifically intended for that device rendering it unable to meter the doses, and (2) that modifying or using this device in a manner not designed or intended is inconsistent with program rules.”
Employee Status Changes
Licensees are required to notify the assigned Compliance Agent and Licensing if there are changes to an employee’s status. This is necessary to ensure the MMCP can restrict access to software and information impacting security and product monitoring. When amending an employee’s status (active to inactive), licensees may want to consider limiting access to the facility and facility information via software log-ins (eLicensing and Metrc). Licensees are ultimately responsible for non-compliance but this can be mitigated by controlling access at the time of the status change. Examples where communicating to the MMCP is necessary:

  • Deactivating an employee badge
  • Suspending an employee
  • Employee termination

Returned Employee Temporary Badges: The MMCP will not be issuing physical badges for approved employees until further notice. Employees are permitted to utilize the temporary badge, which is available in eLicensing. If an employee was not issued a physical badge, it is not necessary to return the paper “temporary” badge.

For questions or assistance with best practices, please contact Licensing at mmcplicensing@com.state.oh.us.  

Employee Renewal Process
Priority Reminder: If the Department does not receive a background check prior to expiration, the employee badge will be expired. Therefore, the employee cannot work in the licensed facility.

Employee badges are only valid for two years (O.A.C. 3796:5-2-01). Facilities will need to submit a renewal application for the individuals who are nearing this renewal date. Please be aware that the renewal may take some time and licensees should plan accordingly.

The application is now available via eLicensing. Please review the application and contact Licensing with questions at mmcplicensing@com.state.oh.us.

Some helpful guidance to ensure the renewal process is efficient:

  • It is critical that we have on file a background check that is less than 12 months old for each employee. New background checks will be needed to process the renewal in order to issue a new employee badge.

  • Because of potentially extended time frames for receiving background check information, the MMCP encourages licensees to get new background checks as soon as possible for any employees whose badges will be expiring in the coming months.

  • Once an employee renewal application is approved, expiration date will NOT update until that date. For example: Diana Wynkoop’s expiration date is Oct. 1, 2020. Therefore, Diana’s employee badge expiration date will not update to until Oct. 1, 2020.

If you have questions in anticipation of employee badges expiring, please direct these to mmcplicensing@com.state.oh.us.  

Coming Soon
Electronic Background Check Results
The MMCP will begin receiving employee background check results electronically. This will expedite the current process and allow results to be received by the Ohio Attorney General’s Office in a timelier manner. Be sure to look out for new guidance on the background check and badging process.
Testing Laboratory Provisional License
Application Documentation
In July, the MMCP permitted potential applicants to submit questions regarding the new application and review process. As a result of the questions received, the MMCP has updated the “Testing Laboratory Provisional License Application” and created the “Frequently Asked Questions” document. Relevant documents can be accessed below. All testing laboratory provisional license applications are to be submitted through the e-Licensing platform. Applications submitted by hard copy will not be accepted. Instructions will be provided via e-mail notification and at medicalmarijuana.ohio.gov to assist in accessing all required forms and documents for e-Licensing.


In the following weeks, the MMCP will release final instructions and provide a date the application portal will become available.

For questions, please contact mmcplicensing@com.state.oh.us.