Ohio Administrative Code Title 3796:8 - Administration

01 Jul 2025 --
0 Comments

Overview of Ohio Administrative Code Title 3796:8 – Administration

Title 3796:8 governs the administrative aspects of Ohio’s medical marijuana program, including how products are packaged, dosed, labeled, and sold. It ensures patient safety, regulates dispensaries and cultivators, and sets rules for administrative compliance. It mainly covers:

Definitions of key terms.

Forms of medical marijuana products allowed.

Dosing and quantity limits.

Packaging requirements, especially child-resistant packaging.

Administrative fees for product identifiers.

Key Rules and Provisions

1. Definitions (Rule 3796:8-1-01)

This rule sets the foundational terminology:

Edible medical marijuana: Food or candy products infused with marijuana for oral consumption.

Child-resistant packaging: Packaging that meets federal safety standards, designed to prevent children from opening.

Topical products: Creams, lotions, or patches applied to the skin containing medical marijuana.

These definitions are essential because they determine which products are allowed and how they are regulated.

2. Form of Doses (Rule 3796:8-2)

This rule regulates which forms of medical marijuana can be produced and sold:

Authorized forms: Oils, tinctures, capsules, edibles, patches, lotions, creams, plant material for vaporization only.

New product forms: A petition must be submitted with scientific evidence and expert support. The Board reviews it for approval.

Child-attractive restrictions: Products cannot resemble candy, toys, or anything appealing to children.

Dosing limits: Maximum THC amounts per dose and per 90-day period are strictly defined.

Labeling requirements: Each product must accurately list THC concentration and form.

3. Administrative Fees (Rule 3796:8-3)

Manufacturers and processors must pay a non-refundable fee per product identifier before a product can be sold.

Failure to pay the fee can prevent the sale of the product and trigger administrative enforcement.

Illustrative Administrative Cases / Scenarios

Case 1 – Selling Child-Attractive Products

A dispensary begins selling gummies shaped like cartoon characters.

Violation: Child-attractive packaging is prohibited.

Outcome: The regulator issues a warning, fines the dispensary, and may require removal of the products from shelves. Repeat violations could lead to license suspension.

Case 2 – Unauthorized Product Form

A processor develops a “topical inhalable cream” not previously approved.

Violation: New forms require Board approval through a petition.

Outcome: Petition is denied; the product cannot be marketed until formal approval is granted. Attempting to sell without approval risks administrative sanctions.

Case 3 – Dosage Exceeds Legal Limit

A batch of edibles contains more THC per piece than allowed by dosing rules.

Violation: Exceeds THC limits per dose and per 90-day period.

Outcome: Product recall, fines, and possible temporary suspension of the dispensary’s license until compliance is achieved.

Case 4 – Non-Child-Resistant Packaging

A manufacturer ships oils in containers that are easy for children to open.

Violation: Packaging must be child-resistant according to federal standards.

Outcome: Regulators may require immediate replacement with compliant packaging, issue fines, and possibly restrict sales until corrected.

Case 5 – Failure to Pay Administrative Fees

A cultivator sells products without paying the required product identifier fees.

Violation: Fees are mandatory before sale.

Outcome: Products are barred from sale, the cultivator must pay fees, and enforcement action can include fines or license review.

Case 6 – Improper Labeling

A patch is labeled as containing 10 mg THC, but testing shows it contains 20 mg.

Violation: Mislabeling and inaccurate THC content.

Outcome: Product recall, fines, and mandatory corrective labeling procedures. Continuous violations may lead to license suspension.

Case 7 – Selling Unapproved Vaporization Products

A dispensary sells plant material intended for smoking, not vaporization.

Violation: Smoking of plant material is prohibited; only approved vaporization devices can be used.

Outcome: Products are confiscated, fines issued, and license review initiated. Repeated violations may result in suspension.

Case 8 – Petition Denial Appeal

A manufacturer petitions to sell a new type of topical patch and the Board denies approval.

Scenario: Manufacturer believes the decision is unfair.

Outcome: They can request a contested case hearing to appeal the denial, present evidence, and argue their product is safe and compliant. The Board’s final administrative ruling determines approval or permanent denial.