HB 160: Revise liquor control, hemp, and adult-use marijuana laws
This bill amends various sections of the Ohio Revised Code to revise specified provisions of the liquor control, hemp, and adult-use marijuana laws. It establishes a list of specific criminal offenses for which a conviction, judicial finding of guilt, or plea of guilty may disqualify an individual from obtaining a license. The list is made available to the public on the licensing authority's website. Licensing authorities must consider factors such as the nature and seriousness of the offense, passage of time, relationship to the occupation, and evidence of rehabilitation when determining whether to refuse to issue an initial license. Certain offenses can be considered only during specific time periods. The bill also repeals certain sections of the revised code and enacts new sections to read as follows.<br>This bill aims to regulate the licensure of individuals in various occupations.…
| Mar. 19, 2025 | Referred to committee: Judiciary |
| Mar. 06, 2025 | Introduced |
As Introduced
136th General Assembly Regular Session 2025-2026
H. B. No. 160
Representative Stewart
To amend sections 9.79, 519.21, 928.01, 928.03, 1
3376.07, 3796.01, 3796.02, 3796.03, 3796.05, 2
3796.06, 3796.07, 3796.09, 3796.10, 3796.12, 3
3796.13, 3796.14, 3796.15, 3796.17, 3796.18, 4
3796.19, 3796.20, 3796.21, 3796.22, 3796.23, 5
3796.24, 3796.27, 3796.28, 3796.29, 3796.30, 6
3796.31, 4735.18, 4796.25, 5502.01, 5502.13, 7
5502.14, 5713.30, 5739.21, and 5739.99; to enact 8
sections 2953.321, 3796.04, 3796.062, 3796.221, 9
3796.32, 3796.33, 3796.99, and 5739.27; and to 10
repeal sections 3780.01, 3780.02, 3780.03, 11
3780.04, 3780.05, 3780.06, 3780.07, 3780.08, 12
3780.09, 3780.10, 3780.11, 3780.12, 3780.13, 13
3780.14, 3780.15, 3780.16, 3780.17, 3780.18, 14
3780.19, 3780.20, 3780.21, 3780.22, 3780.23, 15
3780.24, 3780.25, 3780.26, 3780.27, 3780.28, 16
3780.29, 3780.30, 3780.31, 3780.32, 3780.33, 17
3780.34, 3780.35, 3780.36, 3780.90, 3780.99, and 18
3796.021 of the Revised Code to revise specified 19
provisions of the liquor control, hemp, and 20
adult-use marijuana laws and to levy taxes on 21
marijuana. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
H. B. No. 160 As Introduced
Section 1. That sections 9.79, 519.21, 928.01, 928.03, 23
3376.07, 3796.01, 3796.02, 3796.03, 3796.05, 3796.06, 3796.07, 24
3796.09, 3796.10, 3796.12, 3796.13, 3796.14, 3796.15, 3796.17, 25
3796.18, 3796.19, 3796.20, 3796.21, 3796.22, 3796.23, 3796.24, 26
3796.27, 3796.28, 3796.29, 3796.30, 3796.31, 4735.18, 4796.25, 27
5502.01, 5502.13, 5502.14, 5713.30, 5739.21, and 5739.99 be 28
amended and sections 2953.321, 3796.04, 3796.062, 3796.221, 29
3796.32, 3796.33, 3796.99, and 5739.27 of the Revised Code be 30
enacted to read as follows: 31
Sec. 9.79. (A) As used in this section: 32
(1) "License" means an authorization evidenced by a 33
license, certificate, registration, permit, card, or other 34
authority that is issued or conferred by a licensing authority 35
to an individual by which the individual has or claims the 36
privilege to engage in a profession, occupation, or occupational 37
activity over which the licensing authority has jurisdiction. 38
"License" does not include a registration under section 101.72, 39
101.92, or 121.62 of the Revised Code. 40
(2) "Licensing authority" means a state agency that issues 41
licenses under Title XLVII or any other provision of the Revised 42
Code to practice an occupation or profession. 43
(3) "Offense of violence" has the same meaning as in 44
section 2901.01 of the Revised Code. 45
(4) "Sexually oriented offense" has the same meaning as in 46
section 2950.01 of the Revised Code. 47
(5) "State agency" has the same meaning as in section 1.60 48
of the Revised Code. 49
(6) "Community control sanction" has the same meaning as 50
in section 2929.01 of the Revised Code. 51
H. B. No. 160 As Introduced
(7) "Post-release control sanction" has the same meaning 52
as in section 2967.01 of the Revised Code. 53
(8) "Fiduciary duty" means a duty to act for someone 54
else's benefit, while subordinating one's personal interest to 55
that of the other person. 56
(B)(1) Notwithstanding any provision of the Revised Code 57
to the contrary, subject to division (L) of this section, for 58
each type of license issued or conferred by a licensing 59
authority, the licensing authority shall establish within one 60
hundred eighty days after April 12, 2021, a list of specific 61
criminal offenses for which a conviction, judicial finding of 62
guilt, or plea of guilty may disqualify an individual from 63
obtaining an initial license. The licensing authority shall make 64
the list available to the public on the licensing authority's 65
web site pursuant to division (C) of section 9.78 of the Revised 66
Code. The licensing authority, in adopting the list, shall do 67
both of the following: 68
(a) Identify each disqualifying offense by name or by the 69
evised Code section number that creates the offense; 70
(b) Include in the list only criminal offenses that are 71
directly related to the duties and responsibilities of the 72
licensed occupation. 73
(2) The licensing authority may include in the list 74
established under division (B)(1) of this section an existing or 75
former municipal ordinance or law of this or any other state or 76
the United States that is substantially equivalent to any 77
section or offense included in the list adopted under division 78
(B)(1) of this section. 79
(C)(1) Except as provided in division (C)(2) or (D) of 80
H. B. No. 160 As Introduced
this section and subject to division (L) of this section, a 81
licensing authority shall not refuse to issue an initial license 82
to an individual based on any of the following: 83
(a) Solely or in part on a conviction of, judicial finding 84
of guilt of, or plea of guilty to an offense; 85
(b) A criminal charge that does not result in a 86
conviction, judicial finding of guilt, or plea of guilty; 87
(c) A nonspecific qualification such as "moral turpitude" 88
or lack of "moral character"; 89
(d) A disqualifying offense included in the list 90
established under division (B) of this section, if consideration 91
of that offense occurs after the time periods permitted in 92
division (D) of this section. 93
(2) If the individual was convicted of, found guilty 94
pursuant to a judicial finding of guilt of, or pleaded guilty to 95
a disqualifying offense included in the list established under 96
division (B) of this section for the license for which the 97
individual applied, the licensing authority may take the 98
conviction, judicial finding of guilt, or plea of guilty into 99
consideration in accordance with division (D) of this section. 100
(D)(1) A licensing authority that may, under division (C) 101
(2) of this section, consider a conviction of, judicial finding 102
of guilt of, or plea of guilty to an offense in determining 103
whether to refuse to issue an initial license to an individual 104
shall consider all of the following factors and shall use a 105
preponderance of the evidence standard in evaluating those 106
factors to determine whether the conviction, judicial finding of 107
guilt, or plea of guilty disqualifies the individual from 108
receiving the license: 109
H. B. No. 160 As Introduced
(a) The nature and seriousness of the offense for which 110
the individual was convicted, found guilty pursuant to a 111
judicial finding of guilt, or pleaded guilty; 112
(b) The passage of time since the individual committed the 113
offense; 114
(c) The relationship of the offense to the ability, 115
capacity, and fitness required to perform the duties and 116
discharge the responsibilities of the occupation; 117
(d) Any evidence of mitigating rehabilitation or treatment 118
undertaken by the individual, including whether the individual 119
has been issued a certificate of qualification for employment 120
under section 2953.25 of the Revised Code or a certificate of 121
achievement and employability under section 2961.22 of the 122
Revised Code; 123
(e) Whether the denial of a license is reasonably 124
necessary to ensure public safety. 125
(2) A licensing authority may take a disqualifying offense 126
included in the list established under division (B) of this 127
section into account only during the following time periods: 128
(a) For a conviction of, judicial finding of guilt of, or 129
plea of guilty to a disqualifying offense that does not involve 130
a breach of fiduciary duty and that is not an offense of 131
violence or a sexually oriented offense, whichever of the 132
following is later, provided the individual was not convicted 133
of, found guilty pursuant to a judicial finding of guilt of, and 134
did not enter a plea of guilty to any other offense during the 135
applicable period: 136
(i) Five years from the date of conviction, judicial 137
finding of guilt, or plea of guilty; 138
H. B. No. 160 As Introduced
(ii) Five years from the date of the release from 139
incarceration; 140
(iii) The time period specified in division (D)(3) of this 141
section. 142
(b) For a conviction of, judicial finding of guilt of, or 143
plea of guilty to a disqualifying offense that involves a breach 144
of fiduciary duty and that is not an offense of violence or a 145
sexually oriented offense, whichever of the following is later, 146
provided the individual was not convicted of, found guilty 147
pursuant to a judicial finding of guilt of, and did not enter a 148
plea of guilty to any other offense during the applicable 149
period: 150
(i) Ten years from the date of conviction, judicial 151
finding of guilt, or plea of guilty; 152
(ii) Ten years from the date of the release from 153
incarceration; 154
(iii) The time period specified in division (D)(4) of this 155
section. 156
(c) For a conviction of, judicial finding of guilt of, or 157
plea of guilty to a disqualifying offense that is an offense of 158
violence or a sexually oriented offense, any time. 159
(3) If an individual is subject to a community control 160
sanction, parole, or post-release control sanction based on a 161
conviction of, judicial finding of guilt of, or plea of guilty 162
to a disqualifying offense included in the list established 163
under division (B) of this section that is not an offense of 164
violence or a sexually oriented offense, a licensing authority 165
may take the offense into account during the following time 166
periods: 167
H. B. No. 160 As Introduced
(a) If the community control sanction, parole, or post- 168
release control sanction was for a term of less than five years, 169
the period of the community control sanction, parole, or post- 170
release control sanction plus the number of years after the date 171
of final discharge of the community control sanction, parole, or 172
post-release control sanction necessary to equal five years; 173
(b) If the community control sanction, parole, or post- 174
release control sanction was for a term of five years or more, 175
the period of the community control sanction, parole, or post- 176
release control sanction. 177
(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 postrelease 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- 193
release control sanction was for a term of ten years or more, 194
the period of the community control sanction, parole, or post- 195
release control sanction. 196
H. B. No. 160 As Introduced
(E) If a licensing authority refuses to issue an initial 197
license to an individual pursuant to division (D) of this 198
section, the licensing authority shall notify the individual in 199
writing of all of the following: 200
(1) The grounds and reasons for the refusal, including an 201
explanation of the licensing authority's application of the 202
factors under division (D) of this section to the evidence the 203
licensing authority used to reach the decision; 204
(2) The individual's right to a hearing regarding the 205
licensing authority's decision under section 119.06 of the 206
Revised Code; 207
(3) The earliest date the individual may reapply for a 208
license; 209
(4) Notice that evidence of rehabilitation may be 210
considered on reapplication. 211
(F) In an administrative hearing or civil action reviewing 212
a licensing authority's refusal under divisions (B) to (K) of 213
this section to issue an initial license to an individual, the 214
licensing authority has the burden of proof on the question of 215
whether the individual's conviction of, judicial finding of 216
guilt of, or plea of guilty to an offense directly relates to 217
the licensed occupation. 218
(G) A licensing authority that is authorized by law to 219
limit or otherwise place restrictions on a license may do so to 220
comply with the terms and conditions of a community control 221
sanction, post-release control sanction, or an intervention plan 222
established in accordance with section 2951.041 of the Revised 223
Code. 224
(H) Each licensing authority shall adopt any rules that it 225
H. B. No. 160 As Introduced
determines are necessary to implement divisions (B) to (F) of 226
this section. 227
(I) Divisions (B) to (K) of this section do not apply to 228
any of the following: 229
(1) Any position for which appointment requires compliance 230
with section 109.77 of the Revised Code or in which an 231
individual may satisfy the requirements for appointment or 232
election by complying with that section; 233
(2) Any position for which federal law requires 234
disqualification from licensure or employment based on a 235
conviction of, judicial finding of guilt of, or plea of guilty 236
to an offense; 237
(3) Community-based long-term care services certificates 238
and community-based long-term care services contracts or grants 239
issued under section 173.381 of the Revised Code; 240
(4) Certifications of a provider to provide community- 241
based long-term care services under section 173.391 of the 242
Revised Code; 243
(5) Certificates of authority to a health insuring 244
corporation issued under section 1751.05 of the Revised Code; 245
(6) Licenses to operate a home or residential care 246
facility issued under section 3721.07 of the Revised Code; 247
(7) Certificates of authority to make contracts of 248
indemnity issued under section 3931.10 of the Revised Code; 249
(8) Supported living certificates issued under section 250
5123.161 of the Revised Code; 251
(9) Certificates to administer medications and perform 252
H. B. No. 160 As Introduced
alth-related activities under section 5123.45 of the Revised 253
Code; 254
(10) Licenses issued by the division of marijuana control 255
der Chapter 3796. of the Revised Code. 256
(J) Nothing in divisions (B) to (K) of this section 257
ohibits a licensing authority from considering either of the 258
llowing when making a determination whether to issue a license 259
an individual: 260
(1) Past disciplinary action taken by the licensing 261
thority against the individual; 262
(2) Past disciplinary action taken against the individual 263
by an authority in another state that issues a license that is 264
ubstantially similar to the license for which the individual 265
applies. 266
(K) Notwithstanding any provision of the Revised Code to 267
the contrary, if a licensing authority issues a license to an 268
individual after considering a conviction of, judicial finding 269
of guilt of, or plea of guilty to an offense under division (D) 270
this section, the licensing authority shall not refuse to 271
renew the individual's license based on that conviction, 272
dicial finding of guilt, or plea of guilty. 273
(L)(1) Notwithstanding any provision of the Revised Code 274
the contrary, subject to division (G) of this section, during 275
the period commencing on the effective date of this amendment 276
April 4, 2023, and ending on the date that is two years after 277
the effective date of this amendment April 4, 2025, no licensing 278
authority shall refuse to issue a license to a person, limit or 279
otherwise place restrictions on a person's license, or suspend 280
or revoke a person's license under any provision of the Revised 281
H. B. No. 160 As Introduced
Code that takes effect on or after the effective date of this 282
amendment and prior to the date that is two years after the 283
effective date of this amendment and that requires or authorizes 284
such a refusal, limitation, restriction, suspension, or 285
revocation as a result of the person's conviction of, judicial 286
finding of guilt of, or plea of guilty to an offense. 287
(2) Divisions (B) to (F), and (H) to (K), of this section 2
do not apply with respect to any provision of the Revised Code 2
that takes effect on or after the effective date of this 2
amendment and prior to the date that is two years after the 2
effective date of this amendment and that requires or authorizes 2
a licensing authority to refuse to issue a license to a person, 2
to limit or otherwise place restrictions on a person's license, 2
or to suspend or revoke a person's license as a result of the 2
person's conviction of, judicial finding of guilt of, or plea of 2
guilty to an offense. 2
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.
H. B. No. 160 As Introduced
section 711.05, 711.09, or 711.10 of the Revised Code, or in any 312
area consisting of fifteen or more lots approved under section 313
711.131 of the Revised Code that are contiguous to one another, 314
or some of which are contiguous to one another and adjacent to 315
one side of a dedicated public road, and the balance of which 316
are contiguous to one another and adjacent to the opposite side 317
of the same dedicated public road regulate: 318
(1) Agriculture on lots of one acre or less; 319
(2) Buildings or structures incident to the use of land 320
for agricultural purposes on lots greater than one acre but not 321
greater than five acres by: set back building lines; height; and 322
size; 323
(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 334
township zoning commission, board of township trustees, or board 335
of zoning appeals to regulate agriculture, buildings or 336
structures, and dairying and animal and poultry husbandry on 337
lots greater than five acres. 338
(C) Such sections confer no power on any township zoning 339
commission, board of township trustees, or board of zoning 340
H. B. No. 160 As Introduced
appeals to prohibit in a district zoned for agricultural, 341
industrial, residential, or commercial uses, the use of any land 342
for: 343
(1) A farm market where fifty per cent or more of the 344
gross income received from the market is derived from produce 345
raised on farms owned or operated by the market operator in a 346
normal crop year. However, a board of township trustees, as 347
provided in section 519.02 of the Revised Code, may regulate 348
such factors pertaining to farm markets as size of the 349
structure, size of parking areas that may be required, set back 350
building lines, and egress or ingress, where such regulation is 351
necessary to protect the public health and safety. 352
(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 361
land on which the production facility is located qualifies as 362
land devoted exclusively to agricultural use under sections 363
5713.30 to 5713.37 of the Revised Code for real property tax 364
purposes and if the facility that produces the biologically 365
derived methane gas does not produce more than seventeen million 366
sixty thousand seven hundred ten British thermal units, five 367
megawatts, or both. 368
(4) Agritourism. However, a board of township trustees, as 369
provided in section 519.02 of the Revised Code, may regulate 370
H. B. No. 160 As Introduced
such factors pertaining to agritourism, except farm markets as 371
described in division (C)(1) of this section, as size of a 372
structure used primarily for agritourism, size of parking areas 373
that may be required, setback building lines for structures used 374
primarily for agritourism, and egress or ingress where such 375
regulation is necessary to protect public health and safety. 376
Nothing in division (C)(4) of this section confers power 377
on a township zoning commission, board of township trustees, or 378
board of zoning appeals to require any parking area to be 379
improved in any manner, including requirements governing 380
drainage, parking area base, parking area paving, or any other 381
improvement. 382
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 390
commission, board of township trustees, or board of zoning 391
appeals from regulating the location of medical marijuana 392
cultivators, processors, or retail dispensaries or from 393
prohibiting such cultivators, processors, or dispensaries from 394
being located in the unincorporated territory of the township. 395
(D)(1) (E)(1) As used in division (C)(3) of this section, 396
"biologically derived methane gas" has the same meaning as in 397
section 5713.30 of the Revised Code. 398
(2) As used in division (C)(4) of this section, 399
H. B. No. 160 As Introduced
"agritourism" has the same meaning as in section 901.80 of the 400
Revised Code. 401
Sec. 928.01. As used in this chapter: 402
(A) "Cannabidiol" means the cannabidiol compound, 403
containing a delta-9 tetrahydrocannabinol concentration of not 404
more than three-tenths per cent, derived from hemp. 405
(B) "Cultivate" or "cultivating" means to plant, water, 406
grow, fertilize, till, or harvest a plant or crop. "Cultivating" 407
includes possessing or storing a plant or crop on a premises 408
where the plant or crop was cultivated until transported to the 409
first point of sale. 410
(C) "Hemp" means the plant Cannabis sativa L. and any part 411
of that plant, including the seeds thereof and all derivatives, 412
extracts, cannabinoids, isomers, acids, salts, and salts of 413
isomers, whether growing or not, with a delta-9 total 414
tetrahydrocannabinol concentration of not more than three-tenths 415
per cent on a dry weight basis. 416
(D) "Hemp cultivation license" means a license to 417
cultivate hemp issued under section 928.02 of the Revised Code. 418
(E) "Hemp processing license" means a license to process 419
hemp issued under section 928.02 of the Revised Code. 420
(F) "Hemp product" means any product, containing a delta-9 421
tetrahydrocannabinol concentration of not more than three-tenths 422
per cent, that is made with hemp to which all of the following 423
apply: 424
(1) It has a total tetrahydrocannabinol concentration of 425
not more than three-tenths per cent. 426
(2) It has not more than five-tenths milligrams of total 427
H. B. No. 160 As Introduced
tetrahydrocannabinol per serving. 428
(3) It has not more than two milligrams of total 429
tetrahydrocannabinol per package. 430
. "Hemp product" 431
"Hemp product" includes cosmetics, personal care products, 432
dietary supplements or food intended for animal or human 433
consumption, cloth, cordage, fiber, fuel, paint, paper, 434
particleboard, and any other product containing one or more 435
cannabinoids derived from hemp, including cannabidiol. 436
(G) "Marihuana" has the same meaning as in section 3719.01 437
of the Revised Code. 438
(H) "Medical marijuana" has the same meaning as in section 439
3796.01 of the Revised Code. 440
(I) "Process" or "processing" means converting hemp into a 441
hemp product. 442
(J) "Delta-9 tetrahydrocannabinol" means the sum of the 443
percentage by weight of tetrahydrocannabinolic acid multiplied 444
by 0.877 plus the percentage by weight of delta-9 445
tetrahydrocannabinol. 446
(K) "University" means an institution of higher education 447
as defined in section 3345.12 of the Revised Code and a private 448
nonprofit institution with a certificate of authorization issued 449
pursuant to Chapter 1713. of the Revised Code. 450
(L) "USDA" means the United States department of 451
agriculture. 452
(M) "Tetrahydrocannabinol" means naturally occurring or 453
synthetic equivalents, regardless of whether artificially or 454
H. B. No. 160 As Introduced
naturally derived, of the substances contained in the plant, or 455
in the resinous extractives of cannabis, sp. or derivatives, and 456
their isomers with similar chemical structure to delta-1-cis or 457
trans tetrahydrocannabinol, and their optical isomers, salts and 458
salts of isomers. "Tetrahydrocannabinol" includes, but is not 459
limited to, delta-6-cis or trans tetrahydrocannabinol, delta3,4- 460
cis or trans tetrahydrocannabinol, 9-hexahydrocannabinol, and 461
delta-9-tetrahydrocannabinol acetate. Since nomenclature of 462
these substances is not internationally standardized, compounds 463
of these structures, regardless of numerical designation of 464
atomic positions, are included. 465
"Tetrahydrocannabinol" does not include the following: 466
(1) Tetrahydrocannabinols approved by the United States 467
food and drug administration for marketing as a medication or 468
recognized by the United States food and drug administration as 469
generally recognized as safe; 470
(2) Cannabichromene (CBC); 471
(3) Cannabicyclol (CBL); 472
(4) Cannabidiol (CBD); 473
(5) Cannabidivarol (CBDV); 474
(6) Cannabielsoin (CBE); 475
(7) Cannabigerol (CBG); 476
(8) Cannabigerovarin (CBGV); 477
(9) Cannabinol (CBN); 478
(10) Cannabivarin (CBV). 479
(N) "Total tetrahydrocannabinol" means the sum, after the 480
application of any necessary conversion factor, of the 481
H. B. No. 160 As Introduced
| percentage by weight of tetrahydrocannabinol, including delta-9 | |
| tetrahydrocannabinol, and the percentage by weight of | 482 |
| tetrahydrocannabinolic acid. | 483 484 |
| Sec. 928.03. The director of agriculture, in consultation with the governor and attorney general, shall adopt rules in | 485 |
| accordance with Chapter 1l9. of the Revised Code establishing | 486 |
| standards and procedures for the regulation of hemp cultivation | 487 |
| and processing. The rules shall include all of the following: | 488 489 |
| (A) The form of an application for a hemp cultivation | 490 |
| to be included in each license application; | 491 492 |
| (B) The amount of an initial application fee that an applicant shall submit along with an application for a hemp | 493 |
| cultivation license or a hemp processing license, and the amount | 494 |
| of an annual license fee that a licensee shall submit for a hemp | 495 |
| cultivation license or a hemp processing license. In adopting | 496 |
| 497 | |
| rules under division (B） of this section, the director shall ensure both of the following: | 498 499 |
| g oo o ) | |
| license fee does not exceed an amount sufficient to cover the | 500 |
| o | 501 |
| and enforce this chapter; | 502 503 |
| (2） That there is one uniform application fee and one uniform annual license fee that applies to all applicants for a | 504 |
| hemp cultivation license. | 505 506 |
| 507 | |
| investigations of each applicant for a hemp cultivation license | 508 |
| and each applicant for a hemp processing license. The director | 509 |
| shall include both of the following in the rules adopted under | 510 |
H. B. No. 160 As Introduced
this division: 511
(1) A requirement that each applicant comply with sections 512
4776.01 to 4776.04 of the Revised Code; 513
(2) Provisions that prohibit the director from issuing a 514
hemp cultivation license or hemp processing license to an 515
applicant that has not complied with those sections. 516
(D) Requirements regarding the experience, equipment, 517
facilities, or land necessary to obtain a hemp cultivation 518
license; 519
(E) Requirements and procedures regarding standards of 520
financial responsibility for each applicant for a hemp 521
processing license. 522
(F) Procedures and requirements for the issuance, renewal, 523
denial, suspension, and revocation of a hemp cultivation license 524
and hemp processing license, including providing for a hearing 525
under Chapter 119. of the Revised Code with regard to such a 526
denial, suspension, or revocation; 527
(G) Grounds for the denial, suspension, and revocation of 528
a hemp cultivation license and of a hemp processing license, 529
including a requirement that the director revoke a hemp 530
cultivation license or hemp processing license, for a period of 531
ten years, of any person who pleads guilty to or is convicted of 532
a felony relating to a controlled substance; 533
(H) A requirement that the director shall not issue a hemp 534
cultivation license or hemp processing license to any person who 535
has pleaded guilty to or been convicted of a felony relating to 536
a controlled substance in the ten years immediately prior to the 537
submission of the application for a license; 538
H. B. No. 160 As Introduced
(I) A requirement that any person that materially 539
falsifies information in an application for a hemp cultivation 540
license or hemp processing license is ineligible to receive 541
either license; 542
(J) A practice for maintaining relevant information 543
regarding land on which hemp is cultivated by hemp cultivation 544
licensees, including a legal description of the land, in 545
accordance with applicable federal law; 546
(K) Requirements prohibiting a hemp cultivation licensee 547
and a hemp processing licensee from cultivating or processing 548
marihuana; 549
(L) A procedure for testing, using post-decarboxylation or 550
other similarly reliable methods, delta-9 total 551
tetrahydrocannabinol concentration levels of plants and products 552
for purposes of determining compliance with this chapter and 553
rules adopted under it; 554
(M) Requirements and procedures for the issuance, 555
administration, and enforcement of corrective action plans 556
issued under this chapter; 557
(N) A procedure for conducting annual inspections of, at a 558
minimum, a random sample of hemp cultivation license holders to 559
verify that plants are not being cultivated in violation of this 560
chapter or rules adopted under it; 561
(O) A procedure for conducting annual inspections of, at a 562
minimum, a random sample of hemp processing license holders to 563
verify that such license holders are not operating in violation 564
of this chapter or rules adopted under it; 565
(P) A procedure for complying with enforcement procedures 566
required under federal law; 567
H. B. No. 160 As Introduced
(Q) A procedure for the effective disposal of all of the 568
following: 569
(1) Plants, whether growing or not, cultivated in 570
violation of this chapter or rules adopted under it; 571
(2) Products derived from plants cultivated in violation 572
of this chapter or rules adopted under it; 573
(3) Products produced in violation of this chapter or 574
rules adopted under it. 575
(R) Requirements and procedures governing the production, 576
storage, and disposal of hemp byproducts. 577
For the purposes of this chapter and notwithstanding any 578
provision of law to the contrary, "hemp product" includes a 579
byproduct, produced as a result of processing hemp, that 580
contains a delta-9 total tetrahydrocannabinol concentration of 581
more than three-tenths per cent, provided that the byproduct is 582
produced, stored, and disposed of in accordance with rules 583
adopted under division (R) of this section. 584
(S) Procedures for sharing information regarding hemp 585
cultivation license holders with the secretary of the USDA; 586
(T) A setback distance requirement that specifies the 587
distance that a hemp cultivation license holder shall locate 588
hemp plants from a location where medical marijuana is being 589
cultivated. The requirement does not apply to a hemp cultivation 590
license holder with regard to a medical marijuana cultivator 591
that locates medical marijuana within the established setback 592
distance requirement after the hemp cultivation license holder 593
begins operation. 594
(U) Annual reporting requirements and procedures for hemp 595
H. B. No. 160 Page 22
As Introduced
cultivation license holders and hemp processing license holders; 596
(V) Recordkeeping and documentation maintenance 597
requirements and procedures for hemp cultivation license holders 598
and hemp processing license holders; 599
(W) Fees for the laboratory testing of plants and 600
products; 601
(X) Standards for the testing and , labeling, and 602
packaging of hemp and hemp products, which shall include the 603
child-resistant effectiveness standards described in 16 C.F.R. 604
1700.15(b); 605
(Y) Requirements prohibiting the processing of hemp in a 606
building used as a personal residence or on land that is zoned 607
for residential use; 608
(Z) Production standards and manufacturing practices for 609
processing hemp; 610
(AA) Procedures and requirements for the transportation 611
and storage of both hemp and hemp products; 612
(BB) Any other requirements or procedures necessary to 613
administer and enforce this chapter. 614
Sec. 2953.321. (A) As used in this section: 615
(1) "Expunge" means to destroy, delete, and erase a record 616
as appropriate for the record's physical or electronic form or 617
characteristic so that the record is permanently irretrievable. 618
(2) "Official records" and "prosecutor" have the same 619
meanings as in section 2953.31 of the Revised Code. 620
(B) If a person, prior to the effective date of this 621
section, was convicted of or has pleaded guilty to a violation 622
H. B. No. 160 As Introduced
of division (C)(3) or (7) of section 2925.11 of the Revised Code 623
and the conduct that was the basis of the violation involved 624
possession of not more than fifteen grams of hashish and not 625
more than two and one-half ounces of marihuana other than 626
hashish, the person may file an application under this section 627
requesting an expungement of the record of conviction. 628
(C) Any person who is eligible under division (B) of this 629
section to file an application for expungement may apply to the 630
sentencing court for the expungement of the record of 631
conviction. The person may file the application at any time on 632
or after the effective date of this section. The application 633
shall do all of the following: 634
(1) Identify the applicant, the offense for which the 635
expungement is sought, the date of the conviction of or plea of 636
guilty to that offense, and the court in which the conviction 637
occurred or the plea of guilty was entered; 638
(2) Include evidence that the offense was a violation of 639
division (C)(3) or (7) of section 2925.11 of the Revised Code, 640
that the conviction or plea of guilty occurred prior to the 641
effective date of this section, and that the conduct that was 642
the basis of the violation involved possession of not more than 643
fifteen grams of hashish and not more than two and one-half 644
ounces of marihuana other than hashish; 645
(3) Include a request for expungement of the record of 646
conviction of that offense under this section. 647
(D) Upon the filing of an application under division (C) 648
of this section and the payment of the fee described in division 649
(H) of this section if applicable, the court shall set a date 650
for a hearing and shall notify the prosecutor for the case of 651
H. B. No. 160 As Introduced
the hearing on the application. The prosecutor may object to the 652
granting of the application by filing an objection with the 653
court prior to the date set for the hearing. The prosecutor 654
shall specify in the objection the reasons for believing a 655
denial of the application is justified. The court shall direct 656
its regular probation officer, a state probation officer, or the 657
department of probation of the county in which the applicant 658
resides to make inquiries and written reports as the court 659
requires concerning the applicant. The court shall hold the 660
hearing scheduled under this division. 661
(E) At the hearing held under division (D) of this 662
section, the court shall do both of the following: 663
(1) Determine whether the applicant has, prior to the 664
effective date of this section, been convicted of or pleaded 665
guilty to a violation of division (C)(3) or (7) of section 666
2925.11 of the Revised Code and whether the conduct that was the 667
basis for the violation involved possession of not more than 668
fifteen grams of hashish and not more than two and one-half 669
ounces of marihuana other than hashish; 670
(2) If the prosecutor has filed an objection in accordance 671
with division (D) of this section, consider the reasons against 672
granting the application specified by the prosecutor in the 673
objection. 674
(F) The court shall order the expungement of all official 675
records pertaining to the case and the deletion of all index 676
references to the case and, if it does order the expungement, 677
shall send notice of the order to each public office or agency 678
that the court has reason to believe may have an official record 679
pertaining to the case if the court, after complying with 680
division (E) of this section, determines that the applicant, 681
H. B. No. 160 As Introduced
prior to the effective date of this section, had been convicted of or pleaded guilty to a violation of division (C)(3) or (7) of section 2925.11 of the Revised Code and that the conduct that was the basis for the violation involved possession of not more than fifteen grams of hashish and not more than two and one-half ounces of marihuana other than hashish.
(G) 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 conviction or guilty plea of the person who is the subject of the proceedings shall be expunged. The record of the conviction 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.
(H) 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 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:
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| 683 |
| 684 |
| 685 |
| 989 |
| 687 |
| 889 |
| 689 |
| 069 |
| 691 |
| 692 |
| 693 |
| 694 |
| 695 |
| 696 |
| 697 |
| 869 |
| 669 |
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| 701 |
| 702 |
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| 709 |
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| 711 |
(A) Any company that manufactures, markets, or sells, or brand that is associated with, a controlled substance, marihuana
H. B. No. 160 As Introduced
product, medical marijuana product, adult-use marijuana product, 712
alcoholic product, tobacco product, electronic smoking device, 713
vapor product, or product or device that consists of or contains 714
nicotine that can be ingested into the body; 715
(B) Any medical marijuana cultivator, processor, 71
laboratory, or retail dispensary licensed under Chapter 3796. of 71
the Revised Code or under the laws of another state; 71
(C) Any business engaged in the sale, rental, or 719
exhibition for any form of consideration of adult entertainment 720
that is characterized by an emphasis on the exposure or display 721
of sexual activity; 722
(D) Any casino or entity that sponsors or promotes 723
gambling activities; 724
(E) Any other category of companies, brands, or types of 725
contracts that are similar to those described in divisions (A) 726
to (D) of this section that the institution or college 727
communicates to the student-athlete before the student-athlete 728
enrolls at the institution or college. 729
Sec. 3796.01. (A) As used in this chapter: 730
(1) "Marijuana" means marihuana as defined in section 731
3719.01 of the Revised Code. 732
(2) "Medical marijuana" means marijuana that is 733
cultivated, processed, dispensed, tested, possessed, or used for 734
a medical purpose in accordance with this chapter. "Medical 735
marijuana" does not include adult-use marijuana or homegrown 736
marijuana. 737
(3) "Academic medical center" has the same meaning as in 738
section 4731.297 of the Revised Code. 739
H. B. No. 160 As Introduced
(4) "Drug database" means the database established and 740
maintained by the state board of pharmacy pursuant to section 741
4729.75 of the Revised Code. 742
(5) "Physician" means an individual authorized under 743
ter 4731. of the Revised Code to practice medicine and 744
surgery or osteopathic medicine and surgery. 745
(6) "Qualifying medical condition" means any of the 746
following: 747
(a) Acquired immune deficiency syndrome; 748
(b) Alzheimer's disease; 749
(c) Amyotrophic lateral sclerosis; 750
(d) Cancer; 751
(e) Chronic traumatic encephalopathy; 752
(f) Crohn's disease; 753
(g) Epilepsy or another seizure disorder; 754
(h) Fibromyalgia; 755
(i) Glaucoma; 756
(j) Hepatitis C; 757
(k) Inflammatory bowel disease; 758
(l) Multiple sclerosis; 759
(m) Pain that is either of the following: 760
(i) Chronic and severe; 761
(ii) Intractable. 762
(n) Parkinson's disease; 763
H. B. No. 160 As Introduced
(o) Positive status for HIV; 764
(p) Post-traumatic stress disorder; 765
(q) Sickle cell anemia; 766
(r) Spinal cord disease or injury; 767
(s) Tourette's syndrome; 768
(t) Traumatic brain injury; 769
(u) Ulcerative colitis; 770
(v) Any other disease or condition added by the state 771
medical board under section 4731.302 of the Revised Code. 772
(7) "State university" has the same meaning as in section 773
3345.011 of the Revised Code. 774
(8) "Adult-use consumer" means an individual who is at 775
least twenty-one years of age. 776
(9) "Adult-use marijuana" means marijuana that is 777
cultivated, processed, dispensed, or tested for, or possessed or 778
used by, an adult-use consumer, in accordance with this chapter. 779
"Adult-use marijuana" includes marijuana cultivated, processed, 780
dispensed, or tested for, or possessed or used by, an adult-use 781
consumer before the effective date of this amendment in 782
accordance with Chapter 3780. of the Revised Code, as that 783
chapter existed immediately prior to the effective date of this 784
amendment. "Adult-use marijuana" does not include medical 785
marijuana or homegrown marijuana. 786
(10) "Church" has the meaning defined in section 1710.01 787
of the Revised Code. 788
(11) "Public library" means a library provided for under 789
Chapter 3375. of the Revised Code. 790
H. B. No. 160 As Introduced
(12) "Public park" means a park established by the state 791
or a political subdivision of the state, including a county, 792
township, municipal corporation, or park district. 793
(13) "Public playground" means a playground established by 794
the state or a political subdivision of the state, including a 795
county, township, municipal corporation, or park district. 796
(14) "School" means a child care center as defined under 797
section 5104.01 of the Revised Code, a preschool as defined 798
under section 2950.034 of the Revised Code, or a public or 799
nonpublic primary school or secondary school. 800
(15) "Public place" has the same meaning as in section 801
3794.01 of the Revised Code. 802
(16) "Ohio investigative unit" means the investigative 803
unit maintained by the department of public safety under section 804
5502.13 of the Revised Code. 805
(17) "Homegrown marijuana" means marijuana cultivated, 806
grown, processed, or possessed by an adult-use consumer in 807
accordance with section 3796.04 of the Revised Code. "Homegrown 808
marijuana" includes marijuana cultivated, grown, processed, or 809
possessed before the effective date of this amendment under 810
former section 3780.28 of the Revised Code, as that section 811
existed immediately prior to the effective date of this 812
amendment. "Homegrown marijuana" does not include medical 813
marijuana or adult-use marijuana. 814
(18) "Provisional license" means a temporary license 815
issued to an applicant for a cultivator, processor, retail 816
dispensary, or laboratory license under this chapter or Chapter 817
3780. of the Revised Code, as that chapter existed immediately 818
before the effective date of this amendment, that establishes 819
H. B. No. 160 As Introduced
the conditions that must be met before the provisional license 820
holder may engage in the activities authorized by section 821
3796.18, 3796.19, 3796.20, or 3796.21 of the Revised Code. 822
(19) "Certificate of operation" means a certificate issued 823
to the holder of a provisional license that authorizes the 824
recipient to engage in the activities authorized by section 825
3796.18, 3796.19, 3796.20, or 3796.21 of the Revised Code. 826
(20)(a) "Disqualifying offense" means, subject to 827
divisions (A)(20)(b) and (c) of this section, committing, 828
attempting to commit, or aiding and abetting another in 829
committing any of the following: 830
(i) Any offense set forth in Chapter 2925., 3719., or 831
4729. of the Revised Code, the violation of which constitutes a 832
felony or a misdemeanor of the first degree; 833
(ii) Any theft offense set forth under division (K) of 834
section 2913.01 of the Revised Code, the violation of which 835
constitutes a felony; 836
(iii) Any violation for which a penalty is imposed under 837
section 3715.99 of the Revised Code; 838
(iv) A crime of moral turpitude as defined in section 839
4776.10 of the Revised Code; 840
(v) A violation of any former law of this state, any 841
existing or former law of another state, any existing or former 842
law applicable in a military court or Indian tribal court, or 843
any existing or former law of any nation other than the United 844
States that is or was substantially equivalent to any of the 845
offenses listed in divisions (A)(20)(a)(i) to (iv) of this 846
section. 847
H. B. No. 160 As Introduced
(b) "Disqualifying offense" does not include a misdemeanor 848
offense respecting which an applicant for licensure or 849
employment is convicted of, or pleads guilty to, more than five 850
years before the date the application is submitted. 851
(c) "Disqualifying offense" does not include any 852
misdemeanor offense related to marijuana possession, marijuana 853
trafficking, illegal cultivation of marijuana, illegal use or 854
possession of drug paraphernalia or marijuana drug 855
paraphernalia, or other misdemeanor marijuana-related offenses. 856
(21) "Licensed cultivator" means the holder of a current, 857
valid license issued pursuant to this chapter or Chapter 3780. 858
of the Revised Code, as that chapter existed immediately before 859
the effective date of this amendment, to engage in the 860
activities authorized by section 3796.18 of the Revised Code. 861
(22) "Licensed processor" means the holder of a current, 862
valid license issued pursuant to this chapter or Chapter 3780. 863
of the Revised Code, as that chapter existed immediately before 864
the effective date of this amendment, to engage in the 865
activities authorized by section 3796.19 of the Revised Code. 866
(23) "Licensed dispensary" means the holder of a current, 867
valid license issued pursuant to this chapter or Chapter 3780. 868
of the Revised Code, as that chapter existed immediately before 869
the effective date of this amendment, to engage in the 870
activities authorized by section 3796.20 of the Revised Code. 871
(24) "Licensed laboratory" means the holder of a current, 872
valid license issued pursuant to this chapter or Chapter 3780. 873
of the Revised Code, as that chapter existed immediately before 874
the effective date of this amendment, to engage in the 875
activities authorized by section 3796.21 of the Revised Code. 876
H. B. No. 160 As Introduced
(25) "License holder" means the holder of a current, valid 877
license issued under this chapter or Chapter 3780. of the 878
Revised Code, as that chapter existed immediately before the 879
effective date of this amendment. 880
(B) As used in the Revised Code, the "division of cannabis control" means the division of marijuana control and the "superintendent of cannabis control" means the superintendent of marijuana control. Whenever the division of cannabis control or the superintendent of cannabis 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 marijuana control or the superintendent of marijuana control, as indicated by context.
(C) Notwithstanding any conflicting provision of Chapter 89
3719. of the Revised Code or the rules adopted under it, for 89
purposes of this chapter, medical marijuana is a schedule II 89
controlled substance. 89
Sec. 3796.02. There is hereby established a division of marijuana 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 control program is hereby established in the division of marijuana 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 control program.
Sec. 3796.03. (A) The division of marijuana control shall 9
adopt rules establishing standards and procedures for the 9
H. B. No. 160 As Introduced
medical marijuana control program. 907
All rules adopted under this section shall be adopted in 908
accordance with Chapter 119. of the Revised Code. 909
(B) The rules shall do all of the following: 910
(1) Establish application procedures and fees for licenses 911
it issues under this chapterlicensure; 912
(2) Specify both of the following: 913
(a) The conditions that must be met to be eligible for 914
licensure; 915
(b) In accordance with section 9.79 of the Revised Code, 916
the criminal offenses for which an applicant will be 917
disqualified from licensure pursuant to that section. 918
(3) Establish, in accordance with section 3796.05 of the 919
Revised Code, the number of cultivator licenses and retail 920
dispensary licenses that will be permitted at any one time; 921
(4) Establish a license renewal schedule, renewal 922
procedures, and renewal fees; 923
(5) Specify reasons for which a license may be suspended, 924
including without prior hearing, revoked, or not be renewed or 925
issued and the reasons for which a civil penalty may be imposed 926
on a license holder; 927
(6) Establish standards under which a license suspension 928
may be lifted; 929
(7) Establish procedures for registration of medical 930
marijuana patients and caregivers and requirements that must be 931
met to be eligible for registration; 932
(8) Establish training requirements for employees of 933
H. B. No. 160 As Introduced
retail licensed dispensaries; 934
(9) Specify if a cultivator, processor, retail dispensary, 935
or laboratory that is licensed under this chapter and that 936
existed at a location before a school, church, public library, 937
public playground, or public park became established within five 938
hundred feet of the cultivator, processor, retail dispensary, or 939
laboratory, may remain in operation or shall relocate or have 940
its license revoked by the division; 941
(10) Specify, by form and tetrahydrocannabinol content, a 942
maximum ninety-day supply of medical marijuana that may be 943
possessed; 944
(11)(10) Specify the paraphernalia or other accessories 945
that may be used in the administration to a registered patient 946
of medical marijuana, adult-use marijuana, and homegrown 947
marijuana; 948
(12)(11) Establish procedures for the issuance of patient 949
or caregiver identification cards; 950
(13)(12) Specify the forms of or methods of using adult- 951
use marijuana and medical marijuana that are attractive to 952
children; 953
(14) Specify both of the following: 954
(a) Subject to division (B)(14)(b) of this section, the 955
criminal offenses for which a person will be disqualified from 956
employment with a license holder; 957
(b) Which of the criminal offenses specified pursuant to 958
division (B)(14)(a) of this section will not disqualify a person 959
from employment with a license holder if the person was 960
convicted of or pleaded guilty to the offense more than five 961
H. B. No. 160 As Introduced
years before the date the employment begins. 962
(15)(13) Establish a program to assist medical marijuana 963
patients who are veterans or indigent in obtaining medical 964
marijuana in accordance with this chapter; 965
(16)(14) Establish, in accordance with section 3796.05 of 966
the Revised Code, standards and procedures for the testing of 967
medical marijuana and adult-use marijuana by a licensed 968
laboratory licensed under this chapter; 969
(15) Establish standards and procedures for online and 970
mobile ordering and delivery of medical marijuana and adult-use 971
marijuana by a licensed dispensary or an agent of a licensed 972
dispensary to an adult-use consumer or registered medical 973
marijuana patient or caregiver, as applicable. 974
(C) In addition to the rules described in division (B) of 975
this section, the division may adopt any other rules it 976
considers necessary for the program's administration and the 977
implementation and enforcement of this chapter. 978
(D) When adopting rules under this section, the division 979
shall consider standards and procedures that have been found to 980
be best practices relative to the use and regulation of medical 981
marijuana, adult-use marijuana, and homegrown marijuana. 982
Sec. 3796.04. (A) Notwithstanding any conflicting 983
provision of the Revised Code, an adult-use consumer may do all 984
of the following: 985
(1) Cultivate, grow, and possess homegrown marijuana 986
plants at the adult-use consumer's primary residence, if all of 987
the following apply: 988
(a) Not more than six homegrown marijuana plants are 989
H. B. No. 160 Page 36
As Introduced
cultivated or grown by each adult-use consumer; 990
(b) Not more than twelve homegrown marijuana plants are 991
cultivated or grown at a single residence; 992
(c) Cultivation or growing of homegrown marijuana takes 993
place only within a secured closet, room, greenhouse, or other 994
enclosed area in or on the grounds of the residence that 995
prevents access by individuals under twenty-one years of age, 996
and which is not visible by normal unaided vision from a public 997
space; 998
(d) Cultivation or growing of homegrown marijuana does not 999
take place at a residence that is any of the following: 1000
(i) A type A family child care home or type B family child 1001
care home, as those terms are defined in section 5104.01 of the 1002
Revised Code; 1003
(ii) A halfway house, community transitional housing 1004
facility, community residential center, or other similar 1005
facility licensed by the division of parole and community 1006
services under section 2967.14 of the Revised Code; 1007
(iii) A residential premises occupied pursuant to a rental 1008
agreement that prohibits the activities otherwise authorized by 1009
this section. 1010
(2) Process homegrown marijuana by manual or mechanical 1011
means. 1012
(3) Store homegrown marijuana and adult-use marijuana at 1013
the adult-use consumer's primary residence. 1014
(4) Use homegrown marijuana grown, cultivated, and 1015
processed at the adult-use consumer's primary residence; 1016
H. B. No. 160 As Introduced
(5) Possess any paraphernalia or accessories that may be 1017
used in the administration of adult-use marijuana or homegrown 1018
marijuana. 1019
(B) No person shall give, sell, or transfer homegrown 1020
marijuana to any other person, with or without remuneration. 1021
(C) This section does not authorize any person to: 1022
(1) Cultivate, grow, or process homegrown marijuana except 1023
at the person's primary residence; 1024
(2) Use, cultivate, process, transfer, or transport adult- 1025
use marijuana or homegrown marijuana before reaching twenty-one 1026
years of age; 1027
(3) Process homegrown by hydrocarbon-based extraction; 1028
(4) Sell, or profit from, homegrown marijuana; 1029
(5) Cultivate, grow, or possess homegrown marijuana on 1030
behalf of another person. 1031
(D) The total amount of homegrown marijuana and adult-use 1032
marijuana possessed by an adult-use consumer shall not exceed: 1033
(1) Two and one-half ounces of plant material, excluding 1034
any seeds, live plants, or clones being cultivated, grown, or 1035
processed in accordance with this section; 1036
(2) Fifteen grams of extract. 1037
(E) Subject to divisions (B), (C), and (D) of this 1038
section, an adult-use consumer shall not be subject to arrest or 1039
criminal prosecution for cultivating, growing, possessing, 1040
processing, storing, or using homegrown marijuana, or possessing 1041
paraphernalia or accessories that may be used in the 1042
administration of adult-use or homegrown marijuana, in 1043
H. B. No. 160 As Introduced
accordance with division (A) of this section. An adult-use 1044
consumer shall not be subject to arrest or criminal prosecution 1045
for a violation of division (A)(1)(a) or (b) of this section 1046
unless the number of homegrown marijuana plants the adult-use 1047
consumer cultivates, grows, or possesses is more than double the 1048
number of homegrown marijuana plants allowed under those 1049
divisions. 1050
(F) This section does not authorize an adult-use consumer 1051
to operate a vehicle, streetcar, trackless trolley, watercraft, 1052
or aircraft while under the influence of marijuana. 1053
Sec. 3796.05. (A) When establishing the number of 1054
cultivator licenses that will be permitted at any one time, the 1055
division of marijuana control shall consider both all of the 1056
following: 1057
(1) The population of this state; 1058
(2) The number of patients seeking to use medical 1059
marijuana; 1060
(3) The number of adult-use consumers seeking to use 1061
adult-use marijuana. 1062
(B) When establishing the number of retail dispensary 1063
licenses that will (B)(1) Not more than three hundred fifty 1064
licensed dispensaries shall be permitted to operate in this 1065
state at any one time, the division shall consider all of the 1066
following: 1067
(1) The population of this state; 1068
(2) The number of patients seeking to use medical 1069
marijuana; 1070
(3) The geographic distribution of dispensary sites in an 1071
H. B. No. 160
As Introduced
effort to ensure patient access to medical marijuana. 1072
(2)(a) The division may revoke a dispensary license for 1073
failure to secure a certificate of operation within eighteen 1074
months after issuance of a provisional license. 1075
(b) The holder of a provisional license may apply to the 1076
division for not more than two six-month extensions of the 1077
deadline prescribed by division (B)(2)(a) of this section. The 1078
division shall approve the extension if the provisional license 1079
holder demonstrates that the provisional license holder has made 1080
a good-faith effort to become operational. 1081
(3) When issuing retail dispensary licenses, the division 1082
of marijuana control shall ensure that the geographic 1083
distribution of dispensary sites does not result in the 1084
oversaturation of any geographic area. 1085
(4) The division shall not, on or after the effective date 1086
of this amendment, issue a retail dispensary license for, or 1087
approve the relocation of a licensed retail dispensary to, a 1088
location or facility: 1089
(a) That is within one-half mile of another licensed 1090
dispensary; 1091
(b) For which a permit has been issued under Chapter 4303. 1092
of the Revised Code to sell beer and intoxicating liquor, as 1093
those terms are defined in section 4301.01 of the Revised Code. 1094
(C) When establishing standards and procedures for the 1095
testing of medical marijuana and adult-use marijuana, the 1096
division shall do all of the following: 1097
(1) Specify when testing must be conducted; 1098
(2) Determine the minimum amount of medical marijuana or 1099
H. B. No. 160 As Introduced
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;
1100
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1103
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1106
(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:
1107
(1) Oils; 1108
(2) Tinctures; 1109
(3) Plant material; 1110
(4) Edibles; 1111
(5) Patches; 1112
(6) Any other form approved by the division of marijuana 1113
control under section 3796.061 of the Revised Code. 1114
(B) Only the following forms of adult-use marijuana may be 1115
dispensed under this chapter: 1116
(1) Any form in which medical marijuana may be dispensed; 1117
(2) Extracts; 1118
(3) Drops; 1119
(4) Lozenges; 1120
(5) Smoking or combustible products; 1121
(6) Vaporization products; 1122
(7) Beverages; 1123
H. B. No. 160 Page 41
As Introduced
(8) Pills; 1124
(9) Capsules; 1125
(10) Suppositories; 1126
(11) Oral pouches; 1127
(12) Oral strips; 1128
(13) Oral and topical sprays; 1129
(14) Salves; 1130
(15) Lotions or similar cosmetic products; 1131
(16) Inhalers; 1132
(17) Seeds; 1133
(18) Live plants; 1134
(19) Clones; 1135
(20) Pre-rolled products. 1136
(C) With respect to the methods of using medical 1137
marijuana, adult-use marijuana, and homegrown marijuana, all of 1138
the following apply: 1139
(1) The smoking or combustion of medical marijuana is 1140
prohibited. 1141
(2) The smoking, combustion, and vaporization of adult-use 1142
marijuana and homegrown marijuana, and the vaporization of 1143
medical marijuana, is permitted only on privately owned real 1144
property that is used primarily for residential or agricultural 1145
purposes, including any dwellings, facilities, improvements, and 1146
appurtenances on such real property. 1147
(3) No person shall smoke, combust, or vaporize marijuana 1148
H. B. No. 160 As Introduced
in any of the following: 1149
(a) A type A family child care home or type B family child 1150
care home, as those terms are defined in section 5104.01 of the 1151
Revised Code; 1152
(b) A halfway house, community transitional housing 1153
facility, community residential center, or other similar 1154
facility licensed by the division of parole and community 1155
services under section 2967.14 of the Revised Code; 1156
(c) A residential premises occupied pursuant to a rental 1157
agreement that prohibits smoking, combustion, or vaporization of 1158
marijuana; 1159
(d) A public place or place of employment, as those terms 1160
are defined in section 3794.01 of the Revised Code. 1161
(3) The division may approve additional methods of using 1162
medical marijuana, other than smoking or combustion, under 1163
section 3796.061 of the Revised Code. 1164
(C) (D)(1) Any form or method of using adult-use marijuana 1165
or medical marijuana that is considered attractive to children, 1166
as specified in rules adopted by the division, is prohibited. 1167
(2) Adult-use marijuana and medical marijuana shall not be 1168
dispensed or sold in a form or shape that bears the likeness or 1169
contains the characteristics of a realistic or fictional human, 1170
animal, or fruit, including artistic, caricature, or cartoon 1171
renderings. 1172
(D) With respect to tetrahydrocannabinol content, all of 1173
the following apply: 1174
(1) Plant material shall have a (E)(1) The 1175
tetrahydrocannabinol content of medical marijuana dispensed or 1176
H. B. No. 160 As Introduced
sold to patients or caregivers shall not more than thirty-five 1177
exceed: 1178
(a) Thirty-five per cent for plant material; 1179
(b) Seventy per cent for extracts. 1180
(2) Extracts shall have a The tetrahydrocannabinol content 1181
of adult-use marijuana dispensed or sold to adult-use consumers 1182
shall not more than seventy exceed: 1183
(a) Thirty-five per cent for plant material; 1184
(b) Seventy per cent for extracts. 1185
(F) No person shall knowingly give, sell, or distribute 1186
adult-use marijuana or homegrown marijuana to a person under 1187
twenty-one years of age. 1188
(G) No person under the age of twenty one shall knowingly 1189
purchase, use, or possess adult-use marijuana or homegrown 1190
marijuana. 1191
Sec. 3796.062. (A) No person shall transport marijuana 1192
other than adult-use marijuana, medical marijuana, or homegrown 1193
marijuana in a motor vehicle. 1194
(B) No person shall transport adult-use marijuana or 1195
medical marijuana in a motor vehicle unless either or both of 1196
the following apply: 1197
(1) The adult-use marijuana or medical marijuana is in the 1198
original, unopened packaging in which it was dispensed or sold; 1199
(2) The adult-use marijuana or medical marijuana is stored 1200
in the trunk of the motor vehicle or, if the motor vehicle does 1201
not have a trunk, behind the last upright seat of the motor 1202
vehicle or in an area not normally occupied by the driver or 1203
H. B. No. 160 As Introduced
passengers and not easily accessible by the driver. (C) No person shall 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 transport marijuana paraphernalia in a
motor vehicle unless either or both of the following apply: (1) The marijuana paraphernalia is in the original,
unopened packaging in which it was dispensed or sold; (2) 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.
1204
1205
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1210
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1214
1215
1216
1217
1218
1219
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1223
1224
1225
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1228
1229
1230
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1232
Sec. 3796.07. The department of commerce division of marijuana control shall establish and maintain an electronic database to monitor 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 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.
H. B. No. 160 As Introduced
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 patient. Information or data that does not identify a specific patient may be released in summary, statistical, or aggregate form.
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 commercemarijuana 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.
1233
1234
1235
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1241
1242
1243
1244
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1246
1247
1248
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1252
1253
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1255
1256
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1260
1261
1262
(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 specified in rules adopted under section 9.79 and division (B)(2)(b) of
H. B. No. 160 As Introduced
section 3796.03 of the Revised Codeoffense. 1263
(2) The If the application is for a cultivator or 1264
processor license, the applicant demonstrates that it does not 1265
none of its current or prospective owners, officers, board 1266
members, administrators, employees, agents, or affiliates who 1267
may significantly influence or control the applicant's 1268
activities have an ownership or investment interest in or 1269
compensation arrangement with any either of the following: 1270
(a) A licensed laboratory licensed under this chapter; 1271
(b) An applicant for a license to conduct laboratory 1272
testing. 1273
(3) The If the application is for a cultivator or 1274
processor license, the applicant demonstrates that it does not 1275
none of its current or prospective owners, officers, board 1276
members, administrators, employees, agents, or affiliates who 1277
may significantly influence or control the applicant's 1278
activities share any corporate officers or employees with any 1279
either of the following: 1280
(a) A licensed laboratory licensed under this chapter; 1281
(b) An applicant for a license to conduct laboratory 1282
testing. 1283
(4) The applicant demonstrates that it will not be located 1284
within five hundred feet of a school, church, public library, 1285
public playground, or public park. 1286
(5) The information provided to the department division 1287
pursuant to section 3796.11 of the Revised Code demonstrates 1288
that the applicant is in compliance with the applicable tax laws 1289
of this state. 1290
H. B. No. 160
As Introduced
(6) The applicant demonstrates sufficient liquid capital 1291
and ability to meet financial responsibility requirements; 1292
(7) The applicant demonstrates that the municipal 1293
corporation or township in which it will be located has not 1294
passed a moratorium or taken any other action that would 1295
prohibit the applicant from operating there; 1296
(8) The application does not contain false, misleading, or 1297
deceptive information and does not omit material information; 1298
(9) The applicant pays any fee required by the division; 1299
(10) The applicant meets all other licensure eligibility 1300
conditions established in rules adopted under section 3796.03 of 1301
the Revised Code. 1302
(C) (D) If the number of eligible applicants exceed the 1303
number of available licenses, the division shall use an 1304
impartial and evidence-based process to rank the eligible 1305
applicants. The ranking process shall take into account all of 1306
the following: 1307
(1) The applicant's business plan; 1308
(2) The applicant's operations plan; 1309
(3) The applicant's security plan; 1310
(4) The applicant's financial plan; 1311
(5) The applicant's principal place of business; 1312
(6) The proposed location of the cultivation, processing, 1313
or laboratory facility; 1314
(7) The applicant's plan for generating job and economic 1315
development in this state; 1316
H. B. No. 160 B. No. 160 As Introduced
(8) The applicant's environmental plan; 1317
(9) Employment practices, including any plans to inform, 1318
hire, or educate residents of the state, veterans, disabled 1319
persons, women, or minorities; 1320
(10) The criminal records of all persons subject to the 1321
criminal records check requirement; 1322
(11) The civil and administrative history of the applicant 1323
and persons associated with the applicant; 1324
(12) Any other eligibility, suitability, or operations- 1325
based determination specified in this chapter or rules adopted 1326
by the division thereunder. 1327
(E)(1) If the division uses a lottery system to issue 1328
licenses under this section, the applicants shall be grouped 1329
into the following distinct categories: 1330
(a) Highly exceeds; 1331
(b) Exceeds; 1332
(c) Meets; 1333
(d) Does not meet. 1334
(2) The division shall group the applicants such that the 1335
number of applicants in each of the highly exceeds, exceeds, and 1336
meets categories is roughly equal, unless doing so is not 1337
possible while conforming to an impartial and evidence-based 1338
process. Applicants that do not meet the eligibility 1339
requirements prescribed by division (C) of this section shall be 1340
placed in the does not meet category. 1341
(3) In conducting the lottery, the division shall give 1342
applicants in the exceeds category double odds of being selected 1343
H. B. No. 160 As Introduced
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) of this section, the licenses shall be issued according to usual procedures.
1344
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1363
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1371
1372
1373
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-today 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
H. B. No. 160 As Introduced
| based solely on the location of the applicant's existing | 1374 |
| facility in proximity to other license holders. | 1375 |
| (H) A provisional license issued under this section is not | 1376 |
| transferable. | 1377 |
| Sec. 3796.10. (A） An entity that seeks to dispense at | 1378 |
| retail medical marijuana and adult-use marijuana shall file an | |
| application for licensure with the division of marijuana | 1379 |
| control. The entity shall file an application for each location | 1380 |
| from which it seeks to operate. Each application shall be | 1381 |
| submitted in accordance with rules adopted under section 3796.03 | 1382 |
| of the Revised Code. | 1383 |
| 1384 | |
| (B) The division shall evaluate and prioritize | 1385 |
| applications for licensure under this section according to the | 1386 |
| applicant's eligibility, suitability, and ability to operate. | 1387 |
| (C)_The division shall not_issue a license to an applicant ifunless_all of the following conditions are met: | 1388 |
| 1389 | |
| (1） The report of the criminal records check conducted | 1390 |
| pursuant to section 3796.12 of the Revised Code with respect to | 1391 |
| the application demonstrates that the person subject to the | 1392 |
| criminal records check requirement has not been convicted of or | 1393 |
| pleaded guilty to any of the-a_disqualifying offenses specified | 1394 |
| in rules adopted under section 9.79 and division (B)(2) (b) of | 1395 |
| section 3796.03 of the Revised Codeoffense. | 1396 |
| (2） The applicant demonstrates that it does notnone of | 1397 |
| its current or prospective owners, officers, board members, | 1398 |
| administrators, employees, agents, or affiliates who may | 1399 |
| significantly influence or control the applicant's activities | 1400 |
| have an ownership or investment interest in or compensation | 1401 1402 |
H. B. No. 160 As Introduced
(a) A licensed laboratory licensed under this chapter; 1403
(b) An applicant for a license to conduct laboratory 1404
testing. 1405
(3) The applicant demonstrates that it does not none of 1406
its current or prospective owners, officers, board members, 1407
administrators, employees, agents, or affiliates who may 1408
significantly influence or control the applicant's activities 1409
share any corporate officers or employees with any either of the 1410
following: 1411
(a) A licensed laboratory licensed under this chapter; 1412
(b) An applicant for a license to conduct laboratory 1413
testing. 1414
(4) The applicant demonstrates that it will not be locate 1415
within five hundred feet of a school, church, public library, 1416
public playground, or public park. 1417
(5) The applicant demonstrates that the proposed location 1418
or facility is not either of the following: 1419
(a) Located within one-half mile of another licensed 1420
dispensary; 1421
(b) Issued a permit under Chapter 4303. of the Revised 1422
Code to sell beer and intoxicating liquor, as those terms are 1423
defined in section 4301.01 of the Revised Code. 1424
(6) The information provided to the division pursuant to 1425
section 3796.11 of the Revised Code demonstrates that the 1426
applicant is in compliance with the applicable tax laws of this 1427
state. 1428
(6) (7) The applicant demonstrates sufficient liquid 1429
H. B. No. 160 As Introduced
capital and ability to meet financial responsibility 1430
requirements; 1431
(8) The applicant demonstrates that the municipal 1432
corporation or township in which it will be located has not 1433
passed a moratorium or taken any other action that would 1434
prohibit the applicant from operating there; 1435
(9) The application does not contain false, misleading, or 1436
deceptive information and does not omit material information; 1437
(10) The applicant pays any fee required by the division; 1438
(11) The applicant meets all other licensure eligibility 1439
conditions established in rules adopted under section 3796.03 of 1440
the Revised Code. 1441
(C) (D) If the number of eligible applicants exceed the 1442
number of available licenses, the division shall use an 1443
impartial and evidence-based process to rank the eligible 1444
applicants. The ranking process shall take into account all of 1445
the following: 1446
(1) The applicant's business plan; 1447
(2) The applicant's operations plan; 1448
(3) The applicant's security plan; 1449
(4) The applicant's financial plan; 1450
(5) The applicant's principal place of business; 1451
(6) The proposed location of the cultivation, processing, 1452
or laboratory facility; 1453
(7) The applicant's plan for generating job and economic 1454
development in this state; 1455
H. B. No. 160 As Introduced
(8) The applicant's environmental plan; 1456
(9) Employment practices, including any plans to inform, 1457
hire, or educate residents of the state, veterans, disabled 1458
persons, women, or minorities; 1459
(10) The criminal records of all persons subject to the 1460
criminal records check requirement; 1461
(11) The civil and administrative history of the applicant 1462
and persons associated with the applicant; 1463
(12) Any other eligibility, suitability, or operations- 1464
based determination specified in this chapter or rules adopted 1465
by the division thereunder. 1466
(E)(1) If the division uses a lottery system to issue 1467
licenses under this section, the applicants shall be grouped 1468
into the following distinct categories: 1469
(a) Highly exceeds; 1470
(b) Exceeds; 1471
(c) Meets; 1472
(d) Does not meet. 1473
(2) The division shall group the applicants such that the 1474
number of applicants in each of the highly exceeds, exceeds, and 1475
meets categories is roughly equal, unless doing so is not 1476
possible while conforming to an impartial and evidence-based 1477
process. Applicants that do not meet the eligibility 1478
requirements prescribed by division (C) of this section shall be 1479
placed in the does not meet category. 1480
(3) In conducting the lottery, the division shall give 1481
applicants in the exceeds category double the odds of being 1482
H. B. No. 160 As Introduced
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) 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-today 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
| 1483 |
| 1484 |
| 1485 |
| 1486 |
| 1487 |
| 1488 |
| 1489 |
| 1490 |
| 1491 |
| 1492 |
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| 1504 1505 |
| 1506 |
| 1507 |
| 1508 |
| 1509 |
| 1510 |
| 1511 |
| 1512 |
H. B. No. 160 As Introduced
| based solely on the location of the applicant's existing dispensary facility in proximity to other license holders. | 1513 | |
| 1514 | ||
| (H) A provisional license issued under this section is not | 1515 | |
| transferable. | 1516 | |
| Sec. 3796.12.(A) As used in this section, "criminal | 1517 | |
| records check" has the same meaning as in section 109.572 of the | 1518 | |
| Revised Code. | 1519 | |
| (B)(l） As part of the application process for a license | 1520 | |
| issued under this chapter, the division of marijuana control | 1521 | |
| shall require each of the following to complete a criminal | 1522 | |
| records check: | 1523 | |
| (a） An administrator or other person responsible for the | 1524 | |
| daily operation of the entity seeking the license; | 1525 | |
| (b） An owner or prospective owner， officer or prospective | 1526 | |
| 1527 | ||
| entity seeking the license. | 1528 | |
| (2） If a person subject to the criminal records check | 1529 | |
| requirement does not present proof of having been a resident of | 1530 | |
| this state for the five-year period immediately prior to the | 1531 | |
| 1532 | ||
| that within that five-year period the superintendent of the | 1533 | |
| bureau of criminal identification and investigation has | 1534 | |
| 1535 | ||
| of investigation in a criminal records check, the division shall | 1536 | |
| 1537 | ||
| criminal records request from the federal bureau of | 1538 | |
| 1539 | ||
| person. Even if a person presents proof of having been a | 1540 | |
| resident of this state for the five-year period, the division | 1541 |
H. B. No. 160 As Introduced
may request that the person obtain information through the 1542
superintendent from the federal bureau of investigation in the 1543
criminal records check. 1544
(C) The division shall provide the following to each 1545
person who is subject to the criminal records check requirement: 1546
(1) Information about accessing, completing, and 1547
forwarding to the superintendent of the bureau of criminal 1548
identification and investigation the form prescribed pursuant to 1549
division (C)(1) of section 109.572 of the Revised Code and the 1550
standard impression sheet to obtain fingerprint impressions 1551
prescribed pursuant to division (C)(2) of that section; 1552
(2) Written notification that the person is to instruct 1553
the superintendent to submit the completed report of the 1554
criminal records check directly to the division. 1555
(D) Each person who is subject to the criminal records 1556
check requirement shall pay to the bureau of criminal 1557
identification and investigation the fee prescribed pursuant to 1558
division (C)(3) of section 109.572 of the Revised Code for the 1559
criminal records check conducted of the person. 1560
(E) The report of any criminal records check conducted by 1561
the bureau of criminal identification and investigation in 1562
accordance with section 109.572 of the Revised Code and pursuant 1563
to a request made under this section is not a public record for 1564
the purposes of section 149.43 of the Revised Code and shall not 1565
be made available to any person other than the following: 1566
(1) The person who is the subject of the criminal records 1567
check or the person's representative; 1568
(2) The members and staff of the division; 1569
H. B. No. 160
| AsIntroduced | |
| (3） A court, hearing officer, or other necessary | 1570 |
| m | 1571 |
| following: | 1572 |
| (a） A license denial resulting from the criminal records | 1573 |
| check; | 1574 |
| (b） A civil or criminal action regarding the medical | 1575 |
| marijuana control program or any violation of this chapter. | 1576 |
| (F) The division shall deny a license if, after receiving | 1577 |
| the information and notification required by this section, a | 1578 |
| person subject to the criminal records check requirement fails | 1579 |
| to do either of the following: | 1580 |
| (l） Access, complete, or forward to the superintendent of | 1581 |
| the bureau of criminal identification and investigation the form | 1582 |
| 1583 | |
| 1584 | |
| pursuant to division (C)(2） of that section; | 1585 |
| (2) Instruct the superintendent to submit the completed | 1586 |
| report of the criminal records check directly to the division. | 1587 |
| Sec. 3796.13. (A)Each person seeking employment with an | 1588 |
| entity licensed under this chapter a license holder_ shall comply | 1589 |
| with sections 4776.01 to 4776.04 of the Revised Code. Except aS | 1590 |
| provided in division (B） of this section, such an entity shall | 1591 |
| not employ the person unless the person has submitted a criminal | 1592 |
| records check under those sections. The license holder shall not | 1593 |
| employ the person unless the_report of the resulting criminal | 1594 |
| records check shall demonstrate demonstrates_that the person has | 1595 |
| not been convicted of or pleaded guilty to any of the | 1596 |
| disqualifying offenses specified in rules adopted under division | 1597 |
| (B)(14) (a) of section 3796.03 of the Revised Code if the person | 1598 |
H. B. No. 160 As Introduced
is seeking employment with an entity licensed by the division of 1599
marijuana control under this chapteroffense. 1600
(B) An entity is not prohibited by division (A) of this 1601
section from employing a person if the disqualifying offense the 1602
person was convicted of or pleaded guilty to is one of the 1603
offenses specified in rules adopted under division (B)(14)(b) of 1604
section 3796.03 of the Revised Code and the person was convicted 1605
of or pleaded guilty to the offense more than five years before 1606
the date the employment begins. 1607
Sec. 3796.14. (A) The division of marijuana control may do 1608
any of the following for any reason specified in rules adopted 1609
under section 3796.03 of the Revised Code: 1610
(1) Suspend, suspend without prior hearing, revoke, or 1611
refuse to renew a license or registration it issued under this 1612
chapter or a license or a registration the state board of 1613
pharmacy issued prior to the transfer of regulatory authority 1614
over the medical marijuana control program to the 1615
divisionChapter 3780. of the Revised Code, as that chapter 1616
existed immediately before the effective date of this amendment; 1617
(2) Refuse to issue a license; 1618
(3) Impose on a license holder a civil penalty in an 1619
amount to be determined by the division. 1620
(4) With respect to a suspension of a retail dispensary 1621
license without prior hearing, the division may utilize a 1622
telephone conference call to review the allegations and take a 1623
vote. The division shall suspend a dispensary license without 1624
prior hearing only if it finds clear and convincing evidence 1625
that continued distribution of medical marijuana and adult-use 1626
marijuana by the license holder presents a danger of immediate 1627
H. B. No. 160 As Introduced
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:
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(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:
H. B. No. 160 Page 60
As Introduced
(1) Investigate the person or entity as authorized 1657
pursuant to this chapter or the rules adopted under this 1658
chapter; 1659
(2) Issue subpoenas to any person or entity for the 1660
purpose of compelling either of the following: 1661
(a) The attendance and testimony of witnesses; 1662
(b) The production of books, accounts, papers, records, or 1663
documents. 1664
(D) If a person or entity fails to comply with any order 1665
of the division or the unit or a subpoena issued by the division 1666
or the unit pursuant to this section, a judge of the court of 1667
common pleas of the county in which the person resides or the 1668
entity may be served, on application of the division or the 1669
unit, shall compel obedience by attachment proceedings as for 1670
contempt, as in the case of disobedience with respect to the 1671
requirements of a subpoena issued from such court or a refusal 1672
to testify in such court. 1673
(E) The Ohio investigative unit shall not inspect or 1674
investigate the premises of any person under this section unless 1675
one or both of the following apply: 1676
(1) The person inspected or investigated is a license 1677
holder. 1678
(2) The unit is invited by local law enforcement having 1679
jurisdiction over the person inspected or investigated. 1680
Sec. 3796.15. (A) The division of marijuana control and 1681
the Ohio investigative unit shall enforce this chapter, or cause 1682
it to be enforced. If Subject to division (E) of section 3796.14 1683
of the Revised Code, if the division or the unit has information 1684
H. B. No. 160 As Introduced
that this chapter or any rule adopted under this chapter has 1685
been violated, it shall investigate the matter and take any 1686
action as it considers appropriate. 1687
(B) Nothing in this chapter shall be construed to require 1688
the division to enforce minor violations if the division 1689
determines that the public interest is adequately served by a 1690
notice or warning to the alleged offender. 1691
(C) If the division suspends, revokes, or refuses to renew 1692
any license or registration issued under this chapter or Chapter 1693
3780. of the Revised Code, as that chapter existed immediately 1694
before the effective date of this amendment, and determines that 1695
there is clear and convincing evidence of a danger of immediate 1696
and serious harm to any person, the division may place under 1697
seal all medical marijuana, adult-use marijuana, and homegrown 1698
marijuana owned by or in the possession, custody, or control of 1699
the affected license holder or registrant. Except as provided in 1700
this division, the division of marijuana control shall not 1701
dispose of the medical marijuana, adult-use marijuana, or 1702
homegrown marijuana sealed under this division until the license 1703
holder or registrant exhausts all of the holder's or 1704
registrant's appeal rights under Chapter 119. of the Revised 1705
Code. The court involved in such an appeal may order the 1706
division, during the pendency of the appeal, to sell medical 1707
marijuana or adult-use marijuana that is perishable. The 1708
division shall deposit the proceeds of the sale with the court. 1709
Sec. 3796.17. The division of marijuana control shall 1710
establish a toll-free telephone line to respond to inquiries 1711
from adult-use consumers, medical marijuana patients, 1712
caregivers, and health professionals regarding adverse reactions 1713
to medical marijuana and to provide information about available 1714
H. B. No. 160 As Introduced
services and assistance. The division may contract with a 1715
separate entity to establish and maintain the telephone line on 1716
behalf of the division. 1717
Sec. 3796.18. (A)(A)(1) Notwithstanding any conflicting 1718
provision of the Revised Code and except as provided in division 1719
(B) of this section, a licensed cultivator, including the holder 1720
of a current, valid cultivator license issued under this chapter 1721
before the effective date of this amendment, may do either any 1722
of the following: 1723
(1) (a) Cultivate medical marijuana and adult-use 1724
marijuana; 1725
(2) (b) Deliver or sell medical marijuana and adult-use 1726
marijuana to one or more licensed processorsother license 1727
holders; 1728
(c) Acquire seeds, clones, plants, and other genetic 1729
material. 1730
(2) A licensed cultivator engaging in the activities 1731
authorized by this chapter shall do so respecting both medical 1732
marijuana and adult-use marijuana. 1733
(B) A licensed cultivator license holder shall not 1734
cultivate medical marijuana or adult-use marijuana for personal, 1735
family, or household use or on any public land, including a 1736
state park as defined in section 154.01 of the Revised Code. 1737
(C) A licensed cultivator shall identify, package, and 1738
label all medical marijuana and adult-use marijuana products in 1739
accordance with this chapter and any rules adopted thereunder 1740
before delivering or selling the products to a licensed 1741
processor or licensed dispensary. 1742
H. B. No. 160 As Introduced
(D) The division of marijuana control shall issue the 1743
following types of cultivation licenses: 1744
(1) A level I cultivator license that authorizes the 1745
license holder to operate a cultivation area specified by the 1746
division, not to exceed one hundred thousand square feet; 1747
(2) A level II cultivator license that authorizes the 1748
license holder to operate a cultivation area specified by the 1749
division, not to exceed fifteen thousand square feet. 1750
(E) A licensed cultivator may request and receive one or 1751
more expansions to the cultivator's cultivation area, subject to 1752
the approval of the division, so long as the resulting total 1753
cultivation area, including all expansions, does not exceed the 1754
applicable maximum cultivation area prescribed by division (D) 1755
of this section. 1756
Sec. 3796.19. (A)(A)(1) Notwithstanding any conflicting 1757
provision of the Revised Code, a licensed processor, including 1758
the holder of a current, valid processor license issued under 1759
this chapter before the effective date of this amendment, may do 1760
any of the following: 1761
(1) (a) Obtain medical marijuana and adult-use marijuana 1762
from one or more licensed cultivatorsother license holders; 1763
(2) (b) Subject to division (B) of this section, process 1764
medical marijuana obtained from one or more licensed cultivators 1765
and adult-use marijuana into a form described in section 3796.06 1766
of the Revised Code; 1767
(3) (c) Deliver, transfer, or sell processed medical 1768
marijuana and adult-use marijuana to one or more licensed retail 1769
dispensariesother license holders. 1770
H. B. No. 160 As Introduced
(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 retail 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.
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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) (a) Obtain medical marijuana and adult-use marijuana from one or more processorsother 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;
| H.B. No. 160 AsIntroduced | Page 65 |
| (d) Sell paraphernalia that may be used in the | 1799 |
| administration of adult-use marijuana or medical marijuana as | 1800 |
| Specified in rules adopted under section 3796.03 of the Revised | 1801 |
| Code; | 1802 |
| (e) Provide delivery of adult-use marijuana and medical | 1803 |
| marijuana in accordance with the rules adopted under section | 1804 |
| 3796.03 of the Revised Code. | 1805 |
| (2) A licensed dispensary engaged in the activities authorized by this chapter shall do so respecting both medical | 1806 1807 |
| marijuana and adult-use marijuana. | 1808 |
| (B） When dispensing or selling medical marijuana, a | 1809 |
| licensed retaildispensary shall do all of the following: | 1810 |
| (l） Dispense or sell only upon a showing of a current, | 1811 |
| valid, government-issued identification card and in accordance | 1812 |
| with a written recommendation issued by a physician holding a | 1813 |
| certificate to recommend issued by the state medical board under | 1814 |
| section 4731.30 of the Revised Code; | 1815 |
| (2） Report to the drug database the information required | 1816 |
| by section 4729.771 of the Revised Code; | 1817 |
| (3) Label the package containing medical marijuana with | 1818 |
| the following information: | 1819 |
| (a） The name and address of the licensed processor and | 1820 |
| retail dispensary; | 1821 |
| (b) The name of the patient and caregiver, if any; | 1822 |
| (c) The name of the physician who recommended treatment | 1823 |
| with medical marijuana; | 1824 |
| (d) The directions for use, if any, as recommended by the | 1825 |
H. B. No. 160 As Introduced
physician; 1826
(e) The date on which the medical marijuana was dispensed; 1827
(f) The quantity, strength, kind, or form of medical 1828
marijuana contained in the package. 1829
(4) Maintain an adequate supply of medical marijuana 1830
products to meet typical patient demand for those products. 1831
(C) When dispensing or selling adult-use marijuana, a 1832
licensed retail dispensary shall do all of the following: 1833
(1) Dispense or sell adult-use marijuana only to adult-use 1834
consumers who present a current, valid, government-issued 1835
identification card demonstrating proof that the adult-use 1836
consumer is twenty-one years of age or older; 1837
(2) Dispense or sell not more than the amount of adult-use 1838
marijuana that may be legally possessed by an adult-use consumer 1839
under section 3796.221 of the Revised Code to the same adult-use 1840
consumer in the same day; 1841
(3) Ensure that the label of the package containing adult- 1842
use marijuana contains all of the following information, in 1843
accordance with rules adopted by the division of cannabis 1844
control: 1845
(a) The name and address of the licensed processor and 1846
retail dispensary; 1847
(b) A statement that the use of adult-use marijuana by 1848
individuals under twenty-one years of age is both harmful and 1849
illegal; 1850
(c) The quantity, strength, kind, or form of adult-use 1851
marijuana contained in the package. 1852
H. B. No. 160 As Introduced
(D) When operating a licensed retail dispensary, both all 1853
of the following apply: 1854
(1) A licensed dispensary shall use only employees who 1855
have met the training requirements established in rules adopted 1856
under section 3796.03 of the Revised Code. 1857
(2) A licensed dispensary shall not make public any 1858
information it collects that identifies or would tend to 1859
identify any specific medical marijuana patient or adult-use 1860
consumer. 1861
(3) A dispensary shall prominently display both of the 1862
following: 1863
(a) A statement that the use of adult-use or homegrown 1864
marijuana by individuals under twenty-one years of age is both 1865
harmful and illegal; 1866
(b) Information about the addictive qualities of marijuana 1867
and the potential negative health consequences associated with 1868
its use. 1869
Sec. 3796.21. (A) Notwithstanding any conflicting 1870
provision of the Revised Code, a licensed laboratory, including 1871
the holder of a current, valid laboratory license issued under 1872
this chapter may before the effective date of this amendment, 1873
shall do both of the following: 1874
(1) Obtain medical marijuana and adult-use marijuana from 1875
one or more licensed cultivators, licensed processors, and 1876
retail licensed dispensaries licensed under this chapter; 1877
(2) Conduct medical marijuana testing in the manner 1878
specified in rules adopted under section 3796.03 of the Revised 1879
Code. 1880
H. B. No. 160 As Introduced
(B) When testing medical marijuana or adult-use marijuana, 1881
a licensed laboratory shall do both of the following: 1882
(1) Test the marijuana for potency, homogeneity, and contamination;
(2) Prepare a report of the test results. 1885
Sec. 3796.22. (A) Notwithstanding any conflicting 1886
provision of the Revised Code, a patient registered under this 1887
chapter who obtains medical marijuana from a retail licensed 1888
dispensary licensed under in accordance with this chapter may do 1889
both all of the following: 1890
(1) Use medical marijuana; 1891
(2) Possess medical marijuana, subject to division (B) of 1892
this section; 1893
(3) Possess any paraphernalia or accessories that may be 1894
used in the administration of medical marijuana, as specified in 1895
rules adopted under section 3796.03 of the Revised Code. 1896
(B) The amount of medical marijuana possessed by a 1897
registered patient shall not exceed a ninety-day supply, as 1898
specified in rules adopted under section 3796.03 of the Revised 1899
Code. 1900
(C) A registered patient shall not be subject to arrest or 1901
criminal prosecution for doing any either of the following in 1902
accordance with this chapter: 1903
(1) Obtaining, using, or possessing medical marijuana; 1904
(2) Possessing any paraphernalia or accessories that may 1905
be used in the administration of medical marijuana, as specified 1906
in rules adopted under section 3796.03 of the Revised Code. 1907
H. B. No. 160 As Introduced
(D) This section does not authorize a registered patient 1908
to operate a vehicle, streetcar, trackless trolley, watercraft, 1909
or aircraft while under the influence of medical marijuana. 1910
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. (B) The amount of adult-use marijuana possessed by an adult-use consumer shall not exceed: (1) Two and one-half ounces of plant material; (2) Fifteen grams of extract. (C) Subject to division (B) 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. (D) 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
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H. B. No. 160 As Introduced
dispensary licensed under this chapter may do both any of the 1935
following: 1936
(1) Possess medical marijuana on behalf of a registered 1937
patient under the caregiver's care, subject to division (B) of 1938
this section; 1939
(2) Assist a registered patient under the caregiver's care 1940
in the use or administration of medical marijuana; 1941
(3) Possess any paraphernalia or accessories specified in 1942
rules adopted under section 3796.03 of the Revised Code. 1943
(B) The amount of medical marijuana possessed by a 1944
registered caregiver on behalf of a registered patient shall not 1945
exceed a ninety-day supply, as specified in rules adopted under 1946
section 3796.03 of the Revised Code. If a caregiver provides 1947
care to more than one registered patient, the caregiver shall 1948
maintain separate inventories of medical marijuana for each 1949
patient. 1950
(C) A registered caregiver shall not be subject to arrest 1951
or criminal prosecution for doing any of following in accordance 1952
with this chapter: 1953
(1) Obtaining or possessing medical marijuana on behalf of 1954
a registered patient; 1955
(2) Assisting a registered patient in the use or 1956
administration of medical marijuana; 1957
(3) Possessing any paraphernalia or accessories specified 1958
in rules adopted under section 3796.03 of the Revised Code. 1959
(D) This section does not permit a registered caregiver to 1960
personally use medical marijuana, unless the caregiver is also a 1961
registered patient. 1962
H. B. No. 160 As Introduced
Sec. 3796.24. (A) The holder of a license, as defined in 1963
section 4776.01 of the Revised Code, is not subject to 1964
professional disciplinary action solely for engaging in 1965
professional or occupational activities related to medical 1966
marijuana or adult-use marijuana. 1967
(B) Unless there is clear and convincing evidence that a 1968
child is unsafe, the use, possession, or administration of 1969
medical marijuana, adult-use marijuana, or homegrown marijuana 1970
in accordance with this chapter shall not be the sole or primary 1971
basis for any of the following: 1972
(1) An adjudication under section 2151.28 of the Revised 1973
Code determining that a child is an abused, neglected, or 1974
dependent child; 1975
(2) An allocation of parental rights and responsibilities 1976
under section 3109.04 of the Revised Code; 1977
(3) A parenting time order under section 3109.051 or 1978
3109.12 of the Revised Code. 1979
(C) Notwithstanding any conflicting provision of the 1980
Revised Code, the use or possession of medical marijuana, adult- 1981
use marijuana, or homegrown marijuana in accordance with this 1982
chapter shall not be used as a reason for disqualifying a 1983
patient from medical care or from including a patient on a 1984
transplant waiting list. 1985
(D) Notwithstanding any conflicting provision of the 1986
Revised Code, the use, possession, administration, cultivation, 1987
processing, testing, or dispensing of medical marijuana, adult- 1988
use marijuana, or homegrown marijuana in accordance with this 1989
chapter shall not be used as the sole or primary reason for 1990
taking action under any criminal or civil statute in the 1991
H. B. No. 160 As Introduced
forfeiture or seizure of any property or asset. 1992
(E) Notwithstanding any conflicting provision of the Revised Code, a person's status as a registered patient or caregiver engaging in activity authorized by this chapter 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, or a an adult-use consumer's engagement in activities authorized by this chapter, 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 the consumption of marijuana in a residential premises or common areas by smoking, combustion, or vaporization, as long as such prohibition is included in the applicable lease agreement.
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(G) Except as otherwise provided in section 3796.28 of the Revised Code, the use or possession of medical marijuana, adultuse 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:
H. B. No. 160 As Introduced
(1) Require a physician to recommend that a patient use 2022
medical marijuana to treat a qualifying medical condition; 2023
(2) Permit the use, possession, or administration of 2024
medical marijuana, adult-use marijuana, or homegrown marijuana 2025
other than as authorized by this chapter; 2026
(3) Permit the use, possession, or administration of 2027
medical marijuana, adult-use marijuana, or homegrown marijuana 2028
on federal land located in this state; 2029
(4) Require any public place to accommodate a registered 2030
patient's use of medical marijuana or an adult-use consumer's 2031
use of adult-use marijuana or homegrown marijuana; 2032
(5) Prohibit Subject to section 3796.06 of the Revised 2033
Code, prohibit any public place from accommodating a registered 2034
patient's use of medical marijuana or an adult-use consumer's 2035
use of adult-use marijuana or homegrown marijuana, other than by 2036
smoking, combustion, or vaporization; 2037
(6) Restrict research related to marijuana conducted at a 2038
state university, academic medical center, or private research 2039
and development organization as part of a research protocol 2040
approved by an institutional review board or equivalent entity. 2041
(I) It is the public policy of this state that contracts 2042
related to license holders are enforceable. 2043
Sec. 3796.27. (A) As used in this section: 2044
(1) "Financial institution" means any of the following: 2045
(a) Any bank, trust company, savings and loan association, 2046
savings bank, or credit union or any affiliate, agent, or 2047
employee of a bank, trust company, savings and loan association, 2048
savings bank, or credit union; 2049
H. B. No. 160 As Introduced
(b) Any money transmitter licensed under sections 1315.01 2050
to 1315.18 of the Revised Code or any affiliate, agent, or 2051
employee of such a licensee. 2052
(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 2069
or any other public records law to the contrary, upon the 2070
request of a financial institution, the division of marijuana 2071
control shall provide to the financial institution all of the 2072
following information: 2073
(a) Whether a person with whom the financial institution 20
is seeking to do business is a cultivator, processor, retail 20
dispensary, or laboratory licensed under this chapterlicense 20
holder; 20
(b) The name of any other business or individual
H. B. No. 160 As Introduced
affiliated with the person; 2079
(c) An unredacted copy of the application for a license 2080
under this chapter or under Chapter 3780. of the Revised Code, 2081
as that chapter existed immediately before the effective date of 2082
this amendment, and any supporting documentation, that was 2083
submitted by the person; 2084
(d) If applicable, information relating to sales and 2085
volume of product sold by the person; 2086
(e) Whether the person is in compliance with this chapter; 2087
(f) Any past or pending violation by the person of this 2088
chapter or Chapter 3780. of the Revised Code, as that chapter 2089
existed immediately before the effective date of this amendment, 2090
and any penalty imposed on the person for such a violation. 2091
(2) The division may charge a financial institution a 2092
reasonable fee to cover the administrative cost of providing the 2093
information. 2094
(D) Information received by a financial institution under 2095
division (C) of this section is confidential. Except as 2096
otherwise permitted by other state law or federal law, a 2097
financial institution shall not make the information available 2098
to any person other than the customer to whom the information 2099
applies and any trustee, conservator, guardian, personal 2100
representative, or agent of that customer. 2101
Sec. 3796.28. (A) Nothing in this chapter does any of the 2102
following: 2103
(1) Requires an employer to permit or accommodate an 2104
employee's use, possession, or distribution of medical 2105
marijuana; 2106
H. B. No. 160 As Introduced
| (2） Prohibits an employer from refusing to hire, | 2107 |
| discharging, disciplining, or otherwise taking an adverse | 2108 |
| employment action against a person with respect to hire, tenure, | 2109 |
| terms, conditions, or privileges of employment because of that | 2110 |
| person's use, possession, or distribution of medical marijuana; | 2111 |
| (3) Prohibits an employer from establishing and enforcing | 2112 |
| a drug testing policy， drug-free workplace policy, or zero- | 2113 |
| tolerance drug policy; | 2114 |
| (4） Interferes with any federal restrictions on | 2115 |
| employment, including the regulations adopted by the United | 2116 |
| 2117 | |
| Federal Regulations, as amended; | 2118 |
| (5） Permits a person to commence a cause of action against | 2119 |
| an employer for refusing to hire, discharging, disciplining, | 2120 |
| discriminating, retaliating, or otherwise taking an adverse | 2121 |
| employment action against a person with respect to hire, tenure, | 2122 |
| terms, conditions, or privileges of employment related to | 2123 |
| medical marijuana; | 2124 |
| (6） Affects the authority of the administrator of workers' | 2125 |
| compensation to grant rebates or discounts on premium rates to | 2126 |
| 2127 | |
| established in accordance with rules adopted by the | 2128 |
| administrator under Chapter 4l23. of the Revised Code. | 2129 |
| 2130 | |
| that person's use of medicalmarijuana shall be considered to | 2131 |
| 2132 | |
| of section 4141.29 of the Revised Code and shall be ineligible | 2133 |
| to serve a waiting period or to be paid benefits for the | 2134 |
| duration of the individual's unemployment as described in | 2135 |
H. B. No. 160 As Introduced
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.
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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;
H. B. No. 160 As Introduced
(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.
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(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 control shall revoke the license it previously issued to the cultivator, processor, retail dispensary, or laboratorydeny 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,
H. B. No. 160 As Introduced
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.
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"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
H. B. No. 160 As Introduced
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 marijuana control may adopt rules regulating the advertisement of adult-use marijuana and medical marijuana to prevent advertisements that are false, misleading, targeted 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.
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(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) 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
H. B. No. 160 As Introduced
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;
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(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.
H. B. No. 160 As Introduced
(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.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, 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 the vehicle, streetcar, trackless trolley, watercraft, or aircraft shall be sentenced as follows:
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(a) Except as otherwise provided in division (A)(2)(b), (c), (d), or (e) of this section, the offender is guilty of a misdemeanor of the first degree. The court shall sentence the offender to a mandatory jail term of three consecutive days. The court may impose a jail term in addition to the three-day mandatory jail term. However, in no case shall the cumulative jail term imposed for the offense exceed six months. In addition, the court shall impose upon the offender a fine of not less than three hundred seventy-five and not more than one thousand seventy-five dollars. The court shall impose a class seven suspension of the offender's license, permit, or privileges from the range specified in division (A)(7) of section 4510.02 of the Revised Code.
(b) Except as otherwise provided in division (A)(2)(c), (d), or (e) of this section, an offender who, within ten years of the offense, previously has been convicted of or pleaded
H. B. No. 160 As Introduced
| guilty to one violation of division (C)(2) of section 3796.06 of | 2311 |
| the Revised Code as a passenger of a vehicle, streetcar, | 2312 |
| trackless trolley, watercraft， or aircraft is guilty of a | 2313 |
| misdemeanor of the first degree. The court shall sentence the | 2314 |
| offender to a mandatory jail term of ten consecutive days. The | 2315 |
| court may impose a jail term in addition to the ten-day | 2316 |
| mandatory jail term. However， in no case shall the cumulative | 2317 |
| jail term imposed for the offense exceed six months. In | 2318 |
| addition， notwithstanding the fines set forth in Chapter 2929. | 2319 |
| of the Revised Code, the court shall impose upon the offender a | 2320 |
| fine of not less than five hundred twenty-five and not more than | 2321 |
| one thousand six hundred twenty-five dollars. The court shall | 2322 |
| impose a class six suspension of the offender's license, permit, | 2323 |
| or privileges from the range specified in division (A)(6) of | 2324 |
| section 4510.02 of the Revised Code. | 2325 |
| (c) Except as otherwise provided in division (A)(2)(d) or | 2326 |
| (e) of this section, an offender who, within ten years of the | 2327 |
| offense, previously has been convicted of or pleaded guilty to | 2328 |
| two violations of division (C)(2) of section 3796.06 of the | 2329 |
| Revised Code as a passenger of a vehicle, streetcar, trackless | 2330 |
| trolley， watercraft, or aircraft is guilty of a misdemeanor of | 2331 |
| the first degree. The court shall sentence the offender to a | 2332 |
| mandatory jail term of thirty consecutive days. The court may | 2333 |
| impose a jail term in addition to the thirty-day mandatory jail | 2334 |
| term. Notwithstanding the jail terms set forth in sections | 2335 |
| 2929.21 to 2929.28 of the Revised Code, the additional jail term | 2336 |
| shall not exceed one year, and the cumulative jail term imposed | 2337 |
| for the offense shall not exceed one year. In addition, | 2338 |
| notwithstanding the fines set forth in Chapter 2929. of the | 2339 |
| Revised Code， the court shall impose upon the offender a fine of | 2340 |
| not less than eight hundred fifty and not more than two thousand | 2341 |
H. B. No. 160 As Introduced
seven hundred fifty dollars. The court shall impose a class five suspension of the offender's license, permit, or privileges from the range specified in division (A)(5) of section 4510.02 of the Revised Code.
(d) Except as otherwise provided in division (A)(2)(e) of this section, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to three violations of division (C)(2) of section 3796.06 of the Revised Code as a passenger of a vehicle, streetcar, trackless trolley, watercraft, or aircraft is guilty of a felony of the fourth degree. Notwithstanding the prison terms set forth in Chapter 2929. of the Revised Code, the court shall sentence the offender to a mandatory prison term of one, two, three, four, or five years. Additionally, notwithstanding section 2929.18 of the Revised Code, the court shall impose a fine of not less than one thousand three hundred fifty nor more than ten thousand five hundred dollars. The court shall impose a class four suspension of the offender's license, permit, or privileges from the range specified in division (A)(4) of section 4510.02 of the Revised Code.
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(e) An offender who previously has been convicted of or pleaded guilty to a felony violation of division (C)(2) of section 3796.06 of the Revised Code as a passenger of a vehicle, streetcar, trackless trolley, watercraft, or aircraft, regardless of when the violation and the conviction or guilty plea occurred, is guilty of a felony of the third degree. Notwithstanding the prison terms set forth in Chapter 2929. of the Revised Code, the court shall sentence the offender to a mandatory prison term of one, two, three, four, or five years. Additionally, notwithstanding section 2929.18 of the Revised Code, the court shall impose a fine of not less than one
H. B. No. 160 As Introduced
| hundred dollars. The court shall impose a class three suspension | 2374 |
| of the offender's license, permit, or privileges from the range | 2375 |
| specified in division (A)(3) of section 4510.02 of the Revised | 2376 |
| Code. | 2377 |
| (B） Except as otherwise provided in division (A) of this | 2378 |
| section, whoever violates division (C)(2） or (3） of section | 2379 |
| 3796.06 of the Revised Code is guilty of a minor misdemeanor. | 2380 |
| (C)(l)(a) Except as provided in division (C)(l)(b) of this | 2381 |
| section, whoever violates division (F) of section 3796.06 of the | 2382 |
| Revised Code is guilty of a misdemeanor of the first degree. | 2383 |
| (b) An offender who has previously been convicted of, or | 2384 |
| pleaded guilty to, a violation of division (F) of section | 2385 |
| 3796.06 of the Revised Code, is guilty of a felony of the fifth | 2386 |
| degree. | 2387 |
| (2) The division of marijuana control shall immediately | |
| revoke the license of any license holder under this chapter who | 2388 |
| is found guilty of， or who pleads guilty or no contest to, | 2389 |
| violating division (F) of section 3796.06 of the Revised Code. | 2390 |
| 2391 | |
| (D）Except as otherwise provided in division (E）of | 2392 |
| section 3796.04 of the Revised Code, whoever violates division | 2393 |
| (B） of section 3796.221 or division (A)(l） or (D） of section | 2394 |
| 3796.04 of the Revised Code is guilty of possession of marijuana | 2395 |
| under section 2925.1l of the Revised Code. | 2396 |
| 2397 | |
| section 3796.18， 3796.19， 3796.20， 0r 3796.21 of the Revised | 2398 |
| 2399 | |
| marijuana under section 2925.03 of the Revised Code or illegal | 2400 |
| 2401 |
H. B. No. 160 As Introduced
Code.
(F) Whoever violates division (C)(2) of section 3796.20 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.
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(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 adultuse 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 adultuse 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
H. B. No. 160 As Introduced
| issued by any state that has been altered, is guilty of a | |
| misdemeanor of the first degree and,notwithstanding division | 2432 2433 |
| (A）(2） of section 2929.28 of the Revised Code, shall be fined | 2434 |
| not less than five hundred dollars nor more than one thousand | 2435 |
| dollars. | 2436 |
| (b)(i) The court also may impose a class seven suspension | 2437 |
| of the offender's driver's or commercial driver's license or | 2438 |
| permit, or nonresident operating privilege, from the range | |
| Specified in division (A)(7) of section 4510.02 of the Revised | 2439 |
| Code. | 2440 2441 |
| (ii） The court, in lieu of suspending the offender's | 2442 |
| temporary instruction permit, probationary driver's license, or | 2443 |
| 2444 | |
| determinate number of hours of community service， with the court | 2445 |
| determining the actual number of hours and the nature of the | 2446 |
| community service the offender shall perform. | 2447 |
| (4)(a) An offender who has previously been convicted of or | 2448 |
| pleaded guilty to two or more violations of division (G) of | 2449 |
| 2450 | |
| an adult-use dispensary licensed under this chapter a false, fictitious, or altered identification card, a false or | 2451 |
| fictitious driver's license purportedly issued by any state, or | 2452 |
| a driver's license issued by any state that has been altered, is | 2453 |
| 2454 | |
| guilty of a misdemeanor of the first degree and, notwithstanding division (A)(2） of section 2929.28 of the Revised Code, shall be | 2455 |
| 2456 | |
| thousand dollars. | 2457 |
| 2458 | |
| (b)(i) The court also may impose a class six suspension of the offender's driver's or commercial driver's license or permit | 2459 |
| or nonresident operating privilege from the range specified in | 2460 2461 |
H. B. No. 160 As Introduced
| division (A)(6） of section 4510.02 of the Revised Code， and the | |
| court may order that the suspension or denial remain in effect | 2462 |
| until the offender attains the age of twenty-one years. | 2463 2464 |
| (ii） The court,in lieu of suspending the offender's | 2465 |
| temporary instruction permit, probationary driver's license, or | 2466 |
| driver's license, instead may order the offender to perform | 2467 |
| determinate number of hours of community service, with the court | 2468 |
| determining the actual number of hours and the nature of the | 2469 |
| community service the offender shall perform. | 2470 |
| (5) The financial sanctions required by divisions (G)(2) | 2471 |
| to (4) of this section are in lieu of the financial sanctions | 2472 |
| described in division (A)(2） of section 2929.28 of the Revised | 2473 |
| 2474 | |
| that may apply to the offender, including other financial | 2475 |
| sanctions under that section or a jail term under section 2929.24 of the Revised Code. | 2476 |
| 2477 | |
| (H)(l） Except as otherwise provided in division (H)(2） of this section, whoever violates division (G) of section 3796.06 | 2478 |
| 2479 | |
| purchase adult-use marijuana from an adult-use dispensary | 2480 |
| licensed under this chapter is guilty of a misdemeanor of the | 2481 |
| fourth degree. | 2482 2483 |
| (2) An offender who has previously been convicted of or | |
| pleaded guilty to a violation of division (G) of section 3796.06 | 2484 2485 |
| of the Revised Code by knowingly soliciting another individual | 2486 |
| to purchase adult-use marijuana from an adult-use dispensary | 2487 |
| licensed under this chapter is guilty of a misdemeanor of the | |
| second degree. | 2488 2489 |
| (I） Whoever violates division (A)，(B)， or (C） of section | 2490 |
H. B. No. 160 As Introduced
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.
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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; 2509
(2) Making any false promises with intent to influence, 2510
persuade, or induce; 2511
(3) A continued course of misrepresentation or the making 2512
of false promises through agents, salespersons, advertising, o 2513
otherwise; 2514
(4) Acting for more than one party in a transaction except 2515
as permitted by and in compliance with section 4735.71 of the 2516
Revised Code; 2517
(5) Failure within a reasonable time to account for or to 2518
remit any money coming into the licensee's possession which 2519
H. B. No. 160 As Introduced
belongs to others; 2520
(6) Dishonest or illegal dealing, gross negligence, 2521
incompetency, or misconduct; 2522
(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;
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(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;
H. B. No. 160 As Introduced
(9) Having violated or failed to comply with any provision 2549
of sections 4735.51 to 4735.74 of the Revised Code or having 2550
willfully disregarded or violated any other provisions of this 2551
chapter; 2552
(10) As a real estate broker, having demanded, without 2553
reasonable cause, other than from a broker licensed under this 2554
chapter, a commission to which the licensee is not entitled, or, 2555
as a real estate salesperson, having demanded, without 2556
reasonable cause, a commission to which the licensee is not 2557
entitled; 2558
(11) Except as permitted under section 4735.20 of the 2559
Revised Code, having paid commissions or fees to, or divided 2560
commissions or fees with, anyone not licensed as a real estate 2561
broker or salesperson under this chapter or anyone not operating 2562
as an out-of-state commercial real estate broker or salesperson 2563
under section 4735.022 of the Revised Code; 2564
(12) Having falsely represented membership in any real 2565
estate professional association of which the licensee is not a 2566
member; 2567
(13) Having accepted, given, or charged any undisclosed 2568
commission, rebate, or direct profit on expenditures made for a 2569
principal; 2570
(14) Having offered anything of value other than the 2571
consideration recited in the sales contract as an inducement to 2572
a person to enter into a contract for the purchase or sale of 2573
real estate or having offered real estate or the improvements on 2574
real estate as a prize in a lottery or scheme of chance; 2575
(15) Having acted in the dual capacity of real estate 2576
broker and undisclosed principal, or real estate salesperson and 2577
| H.B.No.160 AsIntroduced | Page 92 |
| undisclosed principal, in any transaction; | 2578 |
| (16) Having guaranteed, authorized, or permitted any | 2579 |
| person to guarantee future profits which may result from the | 2580 |
| resale of real property; | 2581 |
| (17) Having advertised or placed a sign on any property | 2582 |
| offering it for sale or for rent without the consent of the | 2583 |
| owner or the owner's authorized agent; | 2584 |
| 2585 | |
| (18) Having induced any party to a contract of sale or lease to break such contract for the purpose of substituting in | 2586 |
| lieu of it a new contract with another principal; | 2587 |
| (l9) Having negotiated the sale, exchange, or lease of any | 2588 |
| real property directly with a seller, purchaser, lessor, or | 2589 |
| tenant knowing that such seller, purchaser, lessor, or tenant is | 2590 |
| 2591 | |
| agreement, exclusive right to sell or lease listing agreement, | 2592 |
| or exclusive purchaser agency agreement with respect to such | 2593 |
| property except as provided for in section 4735.75 of the | 2594 |
| Revised Code; | 2595 |
| (20) Having offered real property for sale or for lease | 2596 |
| without the knowledge and consent of the owner or the owner's | 2597 |
| authorized agent, or on any terms other than those authorized by | 2598 |
| the owner or the owner's authorized agent; | 2599 |
| (21) Having published advertising, whether printed, radio, | 2600 |
| display, or of any other nature, which was misleading or | 2601 |
| inaccurate in any material particular, or in any way having | 2602 |
| misrepresented any properties, terms, values, policies, or | 2603 |
| services of the business conducted; | 2604 |
| (22) Having knowingly withheld from or inserted in any | 2605 |
| statement of account or invoice any statement that made it | 2606 |
H. B. No. 160 As Introduced
inaccurate in any material particular; 2607
(23) Having published or circulated unjustified or 2608
| unwarranted threats of legal proceedings which tended to or had the effect of harassing competitors or intimidating their |
H. B. No. 160 As Introduced
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 | 2643 |
| bank account in a depository of a state or federally chartered | 2644 |
| institution in this state, to be used exclusively for the | 2645 |
| deposit and maintenance of all rents, security deposits, escrow | 2646 |
| funds, and other moneys received by the broker in a fiduciary | 2647 |
| capacity in the course of managing real property. This account | 2648 |
| shall be separate and distinct from any other account maintained | 2649 |
| by the broker. The name, account number, and location of the | 2650 |
| depository shall be submitted in writing to the superintendent. | 2651 |
| This account may earn interest, which shall be paid to the | 2652 |
| property owners on a pro rata basis. | 2653 |
| Division (A)(27） of this section does not apply to brokers | 2654 |
| who are not engaged in the management of real property on behalf | 2655 |
| of real property owners. | 2656 |
| (28) Having failed to put definite expiration dates in all | 2657 |
| 2658 | |
| (29) Having an unsatisfied final judgment or lien in any | 2659 |
| court of record against the licensee arising out of the | 2660 |
| licensee's conduct as a licensed broker or salesperson; | 2661 |
| (30) Failing to render promptly upon demand a full and | 2662 |
| complete statement of the expenditures by the broker or | |
| 2663 | |
| salesperson of funds advanced by or on behalf of a party to a | 2664 |
| real estate transaction to the broker or salesperson for the | 2665 |
H. B. No. 160 As Introduced
purpose of performing duties as a licensee under this chapter in 2666
conjunction with the real estate transaction; 2667
(31) Failure within a reasonable time, after the receipt 2668
of the commission by the broker, to render an accounting to and 2669
pay a real estate salesperson the salesperson's earned share of 2670
it; 2671
(32) Performing any service for another constituting the 2672
practice of law, as determined by any court of law; 2673
(33) Having been adjudicated incompetent by a court, as 2674
provided in section 5122.301 of the Revised Code. A license 2675
revoked or suspended under this division shall be reactivated 2676
upon proof to the commission of the removal of the disability. 2677
(34) Having authorized or permitted a person to act as an 2678
agent in the capacity of a real estate broker, or a real estate 2679
salesperson, who was not then licensed as a real estate broker 2680
or real estate salesperson under this chapter or who was not 2681
then operating as an out-of-state commercial real estate broker 2682
or salesperson under section 4735.022 of the Revised Code; 2683
(35) Having knowingly inserted or participated in 2684
inserting any materially inaccurate term in a document, 2685
including naming a false consideration; 2686
(36) Having failed to inform the licensee's client of the 2687
existence of an offer or counteroffer or having failed to 2688
present an offer or counteroffer in a timely manner, unless 2689
otherwise instructed by the client, provided the instruction of 2690
the client does not conflict with any state or federal law; 2691
(37) Having failed to comply with section 4735.24 of the 2692
Revised Code; 2693
H. B. No. 160 As Introduced
(38) Having acted as a broker without authority, impeded 2694
the ability of a principal broker to perform any of the duties 2695
described in section 4735.081 of the Revised Code, or impeded 2696
the ability a management level licensee to perform the 2697
licensee's duties; 2698
(39) Entering into a right-to-list home sale agreement. 2699
(B) Whenever the commission, pursuant to section 4735.051 2700
of the Revised Code, imposes disciplinary sanctions for any 2701
violation of this section, the commission also may impose such 2702
sanctions upon the broker with whom the salesperson is 2703
affiliated if the commission finds that the broker had knowledge 2704
of the salesperson's actions that violated this section. 2705
(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
H. B. No. 160 As Introduced
party to a transaction or a proposed transaction involving the 2723
sale, purchase, exchange, lease, or management of real property 2724
that is or will be used in the cultivation, processing, 2725
dispensing, or testing of medical marijuana or adult-use 2726
marijuana under Chapter 3796. of the Revised Code, or who 2727
receives, holds, or disburses funds from a real estate brokerage 2728
trust account in connection with such a transaction, shall not 2729
be subject to disciplinary sanctions under this chapter solely 2730
because the licensed person engaged in activities permitted 2731
under this chapter and related to activities under Chapter 3796. 2732
of the Revised Code. 2733
Sec. 4796.25. This chapter does not apply to any of the 2734
following: 2735
(A) Licenses issued under Chapter 3780. or 3796. of the 2736
Revised Code; 2737
(B) Licenses issued pursuant to rules prescribed under 2738
Section 5 of Article IV, Ohio Constitution; 2739
(C) Commercial fishing licenses issued under section 2740
1533.342 of the Revised Code; 2741
(D) Licenses issued under Chapter 4506. of the Revised 2742
Code; 2743
(E) Physician certificates to recommend treatment with 2744
medical marijuana issued under section 4731.30 of the Revised 2745
Code; 2746
(F) Money transmitter licenses issued under section 2747
1315.04 of the Revised Code; 2748
(G) Lottery sales agent licenses issued under section 2749
3770.05 of the Revised Code; 2750
H. B. No. 160 As Introduced
(H) Licenses issued under Chapter 3905. of the Revised 2751
Code; 2752
(I) Fantasy contest operator licenses issued under section 2753
3774.02 of the Revised Code; 2754
(J) Teledentistry permits issued under section 4715.43 of 2755
the Revised Code; 2756
(K) Physician training certificates issued under section 2757
4731.291 of the Revised Code; 2758
(L) Podiatrist training certificates issued under section 2759
4731.573 of the Revised Code; 2760
(M) Licenses issued under Chapter 4740. of the Revised 2761
Code; 2762
(N) Licenses issued by a political subdivision to an 2763
individual by which the individual has or claims the privilege 2764
to act as a tradesperson as defined in section 4740.01 of the 2765
Revised Code in the political subdivision's jurisdiction. 2766
Sec. 5502.01. (A) The department of public safety shall 2767
administer and enforce the laws relating to the registration, 2768
licensing, sale, and operation of motor vehicles and the laws 2769
pertaining to the licensing of drivers of motor vehicles. 2770
The department shall compile, analyze, and publish 2771
statistics relative to motor vehicle accidents and the causes of 2772
them, prepare and conduct educational programs for the purpose 2773
of promoting safety in the operation of motor vehicles on the 2774
highways, and conduct research and studies for the purpose of 2775
promoting safety on the highways of this state. 2776
(B) The department shall administer the laws and rules 2777
relative to trauma and emergency medical services specified in 2778
| H.B.No.160 AsIntroduced | Page 99 |
| Chapter 4765. of the Revised Code and any laws and rules | 2779 |
| relative to medical transportation services specified in Chapter | 2780 |
| 4766. of the Revised Code. | 2781 |
| (C） The department shall administer and enforce the laws | 2782 |
| contained in Chapters 4301. and 4303. of the Revised Code and | 2783 |
| 2784 | |
| pertaining to retail liquor permit holders. | 2785 |
| (D） The department shall administer the laws governing the | 2786 |
| 2787 | |
| additional duties and responsibilities as prescribed in the | 2788 |
| Revised Code related to emergency management services. | 2789 |
| (E） The department shall conduct investigations pursuant | 2790 |
| to Chapter 51o1. of the Revised Code in support of the duty of | 2791 |
| the department of job and family services to administer the | 2792 |
| supplemental nutrition assistance program throughout this state. | 2793 |
| The department of public safety shall conduct investigations | 2794 |
| 2795 | |
| in the supplemental nutrition assistance program. | 2796 |
| (F） The department of public safety shall enforce | 2797 |
| compliance with orders and rules of the public utilities | 2798 |
| o | 2799 |
| 4905.， 4921., and 4923. of the Revised Code regarding commercial | 2800 |
| motor vehicle transportation safety, economic, and hazardous | 2801 |
| materials requirements. | 2802 |
| (G) Notwithstanding Chapter 4li7. of the Revised Code, the | 2803 |
| 2804 | |
| enforcement personnel, including its enforcement agents | 2805 |
| described in section 5502.14 of the Revised Code， that include | 2806 |
| standards of conduct, work rules and procedures, and criteria | 2807 |
H. B. No. 160 As Introduced
| for eligibility as law enforcement personnel. | 2808 |
| (H） The department shall administer, maintain, and operate | 2809 |
| the Ohio criminal justice network. The Ohio criminal justice | 2810 |
| network shall be a computer network that supports state and | 2811 |
| local criminal justice activities. The network shall be an | 2812 |
| electronic repository for various data, which may include arrest | 2813 |
| 2814 | |
| criminal records, prison inmate records, stolen vehicle records, | 2815 |
| vehicle operator's licenses, and vehicle registrations and | 2816 |
| titles. | 2817 |
| (I） The department shall coordinate all homeland security | 2818 |
| activities of all state agencies and shall be a liaison between | 2819 |
| 2820 | |
| related purposes. | 2821 |
| (J) The department shall administer and enforce the laws | |
| relative to private investigators and security service providers | 2822 2823 |
| specified in Chapter 4749. of the Revised Code. | 2824 |
| (K) The department shall administer criminal justice services in accordance with sections 5502.61 to 5502.66 of the | 2825 |
| Revised Code. | 2826 2827 |
| (L) The department shall administer the Ohio school safety | |
| 2828 | |
| 2829 | |
| accordance with sections 5502.70 to 5502.703 of the Revised | 2830 |
| Code. | 2831 |
| (M) The department shall coordinate security measures and | 2832 |
| operations, and may direct the department of administrative | 2833 |
| 2834 | |
| department of public safety requires， at the Vern Riffe Center | 2835 |
| and the James A. Rhodes state office tower. | 2836 |
H. B. No. 160 As Introduced
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.
2837
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2851
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2864
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2866
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 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
H. B. No. 160 As Introduced
| 2867 | |
| enforce Title XLIII of the Revised Coder and the rules adopted | 2868 |
| under it, Chapter 3796. of the Revised Code and the rules | 2869 |
| adopted under that chapter, and the laws and rules regulating | 2870 |
| the use of supplemental nutrition assistance program benefits | 2871 |
| shall be known as an enforcement agent. The employment by the | 2872 |
| department of public safety and the designation by the director | 2873 |
| 2874 | |
| 2875 | |
| has the authority vested in peace officers pursuant to section | 2876 |
| 2935.03 of the Revised Code to keep the peace， to enforce all of | 2877 |
| the following: | 2878 |
| (a) All_applicable laws and rules on any retail liquor | 2879 |
| permit premises， or on any other premises of public or private | 2880 |
| property, where a violation of Title XLIll of the Revised Code | 2881 |
| or any rule adopted under it is occurring and to enforee alli | 2882 |
| (b) All applicable laws and rules on persons and premises | 2883 |
| licensed under Chapter 3796. of the Revised Code and, if invited | 2884 |
| by local law enforcement having jurisdiction, on any other | 2885 |
| public or private property where a violation of Chapter 3796. or | 2886 |
| any rule adopted under that chapter is occurring; | 2887 |
| (c） All laws and rules governing the use of supplemental | 2888 |
| nutrition assistance program benefits, women, infants, and | 2889 |
| children's coupons, electronically transferred benefits, or any | 2890 |
| other access device that is used alone or in conjunction with | 2891 |
| 2892 | |
| money， goods, or other things of value, or that can be used to | 2893 |
| initiate a transfer of funds, pursuant to the supplemental | 2894 |
| 2895 | |
| Nutrition Act of 2008 (7 U.S.C. 201l et seq.） or any | 2896 |
H. B. No. 160 As Introduced
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.
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(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 itthat 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
H. B. No. 160 As Introduced
other section of the Revised Code listed in section 5502.13 of 2928
the Revised Code if they witness a violation of the section 2929
under any of the circumstances described in this division, and 2930
authority to make arrests for violations of the laws and rules 2931
described in division (B)(1) of this section and violations of 2932
any of those sections. 2933
(4) The jurisdiction of an enforcement agent under 2934
division (B) of this section shall be concurrent with that of 2935
the peace officers of the county, township, or municipal 2936
corporation in which the violation occurs. 2937
(C) Enforcement agents of the department of public safety 2938
who are engaged in the enforcement of the laws and rules 2939
described in division (B)(1) of this section may carry concealed 2940
weapons when conducting undercover investigations pursuant to 2941
their authority as law enforcement officers and while acting 2942
within the scope of their authority pursuant to this chapter. 2943
(D)(1) The department of public safety shall not employ, 2944
and the director of public safety shall not designate, a person 2945
as an enforcement agent on a permanent basis, on a temporary 2946
basis, for a probationary term, or on other than a permanent 2947
basis if the person previously has been convicted of or has 2948
pleaded guilty to a felony. 2949
(2)(a) The department of public safety shall terminate the 2950
employment of a person who is designated as an enforcement agent 2951
and who does either of the following: 2952
(i) Pleads guilty to a felony; 2953
(ii) Pleads guilty to a misdemeanor pursuant to a 2954
negotiated plea agreement as provided in division (D) of section 2955
2929.43 of the Revised Code in which the enforcement agent 2956
H. B. No. 160 As Introduced
agrees to surrender the certificate awarded to that agent under 2957
section 109.77 of the Revised Code. 2958
(b) The department shall suspend the employment of a 2959
person who is designated as an enforcement agent if the person 2960
is convicted, after trial, of a felony. If the enforcement agent 2961
files an appeal from that conviction and the conviction is 2962
upheld by the highest court to which the appeal is taken or if 2963
no timely appeal is filed, the department shall terminate the 2964
employment of that agent. If the enforcement agent files an 2965
appeal that results in that agent's acquittal of the felony or 2966
conviction of a misdemeanor, or in the dismissal of the felony 2967
charge against the agent, the department shall reinstate the 2968
agent. An enforcement agent who is reinstated under division (D) 2969
(2)(b) of this section shall not receive any back pay unless the 2970
conviction of that agent of the felony was reversed on appeal, 2971
or the felony charge was dismissed, because the court found 2972
insufficient evidence to convict the agent of the felony. 2973
(3) Division (D) of this section does not apply regarding 2974
an offense that was committed prior to January 1, 1997. 2975
(4) The suspension or termination of the employment of a 2976
person designated as an enforcement agent under division (D)(2) 2977
of this section shall be in accordance with Chapter 119. of the 2978
Revised Code. 2979
Sec. 5713.30. As used in sections 5713.31 to 5713.37 and 2980
5715.01 of the Revised Code: 2981
(A) "Land devoted exclusively to agricultural use" means: 2982
(1) Tracts, lots, or parcels of land totaling not less 2983
than ten acres to which, during the three calendar years prior 2984
to the year in which application is filed under section 5713.31 2985
H. B. No. 160 As Introduced
of the Revised Code, and through the last day of May of such 2986
year, one or more of the following apply: 2987
(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 30
conservation land. 30
H. B. No. 160 As Introduced
(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;
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(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
H. B. No. 160 As Introduced
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.
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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
H. B. No. 160 As Introduced
| marijuana_or adult-use marijuana, as those terms are defined by | |
| section 3796.01 of the Revised Code, is cultivated or processed | 3077 |
| 3078 | |
| is not land devoted exclusively to agricultural use. | 3079 |
| (B） "Conversion of land devoted exclusively to | 3080 |
| agricultural use" means any of the following: | 3081 |
| (l） The failure of the owner of land devoted exclusively | 3082 |
| to agricultural use during the next preceding calendar year to | 3083 |
| file a renewal application under section 5713.3l of the Revised | 3084 |
| 3085 | |
| (2） The failure of the new owner of such land to file an | 3086 |
| initial application under that section without good cause as | 3087 |
| determined by the board of revision; | 3088 |
| () | 3089 |
| 3090 | |
| calendar year as requested by an application filed under such | 3091 |
| section; | 3092 |
| (4） The failure of the owner of the land described in | 3093 |
| (） 1 ()() 1 | 3094 |
| manner that is consistent with the return of the land to | 3095 |
| agricultural production after three years. | 3096 |
| The construction or installation of an energy facility， as | 3097 |
| defined in section 5727.01 of the Revised Code, on a portion of | 3098 |
| a tract, lot, or parcel of land devoted exclusively to | 3099 |
| agricultural use shall not cause the remaining portion of the | 3100 |
| tract， lot, or parcel to be regarded as a conversion of land | 3101 |
| devoted exclusively to agricultural use if the remaining portion | 3102 |
| of the tract, lot, or parcel continues to be devoted exclusively | 3103 |
| to agricultural use. | 3104 |
| (C) "Tax savings" means the difference between the dollar | 3105 |
H. B. No. 160 As Introduced
| amount of real property taxes levied in any year on land valued 3106 and assessed in accordance with its current agricultural use 3107 |
| value and the dollar amount of real property taxes that would 3108 |
| have been levied upon such land if it had been valued and 3109 |
| 3110 |
| XII， Ohio Constitution. 3111 |
| (D） "Owner" includes, but is not limited to, any person 3112 owning a fee simple, fee tail， or life estate or a buyer on a |
| 3113 land installment contract. 3114 |
| (E) "Conservation practices" are practices used to abate 3115 |
| soil erosion as required in the management of the farming 3116 |
| operation, and include, but are not limited to, the 3117 |
| installation, construction, development, planting, or use of 3118 |
| grass waterways, terraces, diversions, filter strips, field 3119 borders, windbreaks, riparian buffers, wetlands, ponds, and 3120 |
| cover crops for that purpose. 3121 |
| (F） "wetlands" has the same meaning as in section 6lll.02 3122 of the Revised Code. 3123 |
| (G) "Biodiesel" means a mono-alkyl ester combustible 3124 |
| g o o tg g 3125 or any combination of those reagents and that meets the American 3126 |
| society for testing and materials specification D6751-03a for 3127 |
| biodiesel fuel (Bloo） blend stock distillate fuels. 3128 |
| (H) "Biologically derived methane gas" means gas from the 3129 |
| anaerobic digestion of organic materials， including animal waste 3130 |
| and agricultural crops and residues. 3131 |
| 3132 |
| organic material derived from plants or animals and available on 3133 |
| a renewable basis, including, but not limited to, agricultural 3134 |
H. B. No. 160 As Introduced
crops, tree crops, crop by-products, and residues. 3135
(J) "Electric or heat energy" means electric or heat 3136
energy generated from manure, cornstalks, soybean waste, or 3137
other agricultural feedstocks. 3138
(K) "Dredged material" means material that is excavated or 3139
dredged from waters of this state. "Dredged material" does not 3140
include material resulting from normal farming, silviculture, 3141
and ranching activities, such as plowing, cultivating, seeding, 3142
and harvesting, for production of food, fiber, and forest 3143
products. 3144
(L) "Agritourism" has the same meaning as in section 3145
901.80 of the Revised Code. 3146
(M) "Eligible conservation land" means either of the 3147
following: 3148
(1) A tract, lot, or parcel devoted to and qualified for 3149
payments or other compensation under a land retirement or 3150
conservation program under an agreement with an agency of the 3151
federal government; 3152
(2) A tract, lot, or parcel that meets at least one of the 3153
conditions described in divisions (M)(2)(a) to (c) of this 3154
section and the condition described in division (M)(2)(d) of 3155
this section. 3156
(a) The land is subject to an agricultural water project 3157
or nature water project that receives funding from the H2Ohio 3158
fund created in section 126.60 of the Revised Code. 3159
(b) The land was subject to such a project during the 3160
immediately preceding calendar year. 3161
(c) The land is or was subject to such a project for the 3162
H. B. No. 160 As Introduced
| r the current tax year, is subject to either a conservation |
| 3163 3164 |
| sement held by the state or an agency of the state or a 3165 |
| nservation easement held by any other person if such easement 3166 |
| a condition of a nature water project that is funded through 3167 |
| 3168 |
| 3169 |
| e year in which the land became subject to the project |
| 3170 |
| scribed in division (M)(2)(a)，(b)，or (c）of this section，aS 3171 |
| plicable, the land qualified as land devoted exclusively to 3172 |
| ricultural use pursuant to other criteria in divisions (A)(l) 3173 |
| (4） of this section. 3174 |
| As used in division (M)(2） of this section， "conservation 3175 |
| sement" has the same meaning as in section 5301.67 of the 3176 |
| vised Code. 3177 |
| Sec. 5739.21. (A) One hundred per cent of all money 3178 |
| posited into the state treasury under sections 5739.01 to 3179 |
| 39.3l of the Revised Code that is not required to be 3180 |
| stributed as provided in section-sections_5739.102_and - 3181 |
| 39.27_of the Revised Code or division (B） of this section 3182 |
| all be credited to the general revenue fund. 3183 |
| (B)(l) In any case where any county or transit authority 3184 |
| s levied a tax or taxes pursuant to section 5739.021, 3185 |
| 39.023, 0r 5739.026 of the Revised Code, the tax commissioner 3186 |
| all, within forty-five days after the end of each month, 3187 |
| termine and certify to the director of budget and management 3188 |
| 3189 |
| at month from billings and assessments, or associated with tax 3190 |
| turns or reports filed during that month, to be returned to 3191 |
| e county or transit authority levying the tax or taxes. The 3192 |
H. B. No. 160 As Introduced
amount to be returned to each county and transit authority shall be a fraction of the aggregate amount of money collected with respect to each area in which one or more of such taxes are concurrently in effect with the tax levied by section 5739.02 of the Revised Code. The numerator of the fraction is the rate of the tax levied by the county or transit authority and the denominator of the fraction is the aggregate rate of such taxes applicable to such area. The amount to be returned to each county or transit authority shall be reduced by the amount of any refunds of county or transit authority tax paid pursuant to section 5739.07 of the Revised Code during the same month, or transfers made pursuant to division (B)(2) of section 5703.052 of the Revised Code.
| county and transit authority shall | |
| e amount of money collected with | 3194 |
| one or more of such taxes are | 3195 |
| he tax 1evied by section 5739.02 of | 3196 |
| or of the fraction is the rate of | 3197 |
| or transit authority and the | 3198 |
| s the aggregate rate of such taxes | 3199 |
| amount to be returned to each | 3200 |
| hall be reduced by the amount of | 3201 |
| sit authority tax paid pursuant to | 3202 |
| d Code during the same month, or | 3203 |
| vision (B)(2） of section 5703.052 | 3204 |
| 3205 | |
| using the best information er shall distribute any amount of a | 3206 3207 |
| ax that cannot be distributed under | 3208 |
| on. Through audit or other means, | 3209 |
| cto obtain the information | 3210 |
| ution as provided under that | 3211 |
| hat information, shall make | 3212 |
| previously made under this | 3213 |
| 3214 | |
| cee one-hundredths of one per cent | 3215 |
| the tax due under division (A） of | 3216 |
| ed Code shall be distributed to the | 3217 |
| motor vehicle is sitused under | 3218 |
| ed Code. The amount to be so | 3219 |
| 3220 | |
| levies pursuant to sections | 3221 |
| Revised Code, as applicable, and | 3222 |
| S of the county as provided in | 3223 |
(2) On a periodic basis, using the best information available, the tax commissioner shall distribute any amount of a county or transit authority tax that cannot be distributed under division (B)(1) of this section. Through audit or other means, the commissioner shall attempt to obtain the information necessary to make the distribution as provided under that division and, on receipt of that information, shall make adjustments to distributions previously made under this division.
(3) Eight and thirty-three one-hundredths of one per cent of the revenue collected from the tax due under division (A) of section 5739.029 of the Revised Code shall be distributed to the county where the sale of the motor vehicle is sitused under section 5739.033 of the Revised Code. The amount to be so distributed to the county shall be apportioned on the basis of the rates of taxes the county levies pursuant to sections 5739.021 and 5739.026 of the Revised Code, as applicable, and shall be credited to the funds of the county as provided in
H. B. No. 160 As Introduced
divisions (A) and (B) of section 5739.211 of the Revised Code.
(C) The aggregate amount to be returned to any county or transit authority shall be reduced by one per cent, which shall be certified directly to the credit of the local sales tax administrative fund, which is hereby created in the state treasury. For the purpose of determining the amount to be returned to a county and transit authority in which the rate of tax imposed by the transit authority has been reduced under section 5739.028 of the Revised Code, the tax commissioner shall use the respective rates of tax imposed by the county or transit authority that results from the change in the rates authorized under that section.
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(D) The director of budget and management shall transfer, from the same funds and in the same proportions specified in division (A) of this section, to the permissive tax distribution fund created by division (B)(1) of section 4301.423 of the Revised Code and to the local sales tax administrative fund, the amounts certified by the tax commissioner. The tax commissioner shall then, on or before the twentieth day of the month in which such certification is made, provide for payment of such respective amounts to the county treasurer and to the fiscal officer of the transit authority levying the tax or taxes. The amount transferred to the local sales tax administrative fund is for use by the tax commissioner in defraying costs incurred in administering such taxes levied by a county or transit authority.
Sec. 5739.27. (A) Terms used in this section have the same
meanings as in section 3796.01 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
H. B. No. 160 As Introduced
| The rate of the tax shall equal ten per cent of the price of | 3255 | |
| under this chapter or Chapter 574l. of the Revised Code. | 3256 | |
| 3257 | ||
| (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 | 3258 | |
| tax to the state in the same manner and at the same time the | 3259 | |
| vendor reports and remits the tax levied under section 5739.02 | 3260 | |
| of the Revised Code. The return required by this division shall | 3261 | |
| be filed on a form prescribed by the tax commissioner， which | 3262 | |
| 3263 | ||
| section 5739.12 of the Revised Code. A vendor with no sales of | 3264 3265 | |
| adult-use marijuana for a reporting period is not required to | 3266 | |
| file this separate return. For all purposes of the Revised Code, | ||
| the tax levied under this section shall be considered a tax | 3267 | |
| levied under section 5739.02 of the Revised Code. | 3268 3269 | |
| (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 | 3270 | |
| 3271 | ||
| marijuana other than adult-use marijuana or medical marijuana to | 3272 | |
| 3273 | ||
| marijuana, and the consumer and vendor are liable for any | 3274 | |
| amounts, including tax, interest, and penalties， imposed under | 3275 | |
| this section and chapter in the same manner as vendors subject | 3276 | |
| to the tax imposed under division (B) of this section. | 3277 | |
| (E） All amounts collected from a tax levied under this | 3278 | |
| section shall be deposited into the marijuana receipts fund, | 3279 | |
| which is created in the state treasury. Investment earnings of | 3280 | |
| the marijuana receipts fund shall be credited to that fund. | 3281 | |
| 3282 | ||
| From the marijuana receipts fund, the director of budget and management shall transfer as needed to the tax refund fund | 3283 | |
H. B. No. 160 As Introduced
amounts equal to the refunds attributable to the tax levied under this section and certified by the tax commissioner under section 5739.07 of the Revised Code.
(F) After making any transfers required under divisions (E) and (G) of this section, the director of budget and management shall transfer amounts remaining in the marijuana receipts fund to the general revenue fund.
(G) Beginning in fiscal year 2026, and for the following four fiscal years, the director of budget and management shall distribute twenty per cent of funds in the marijuana receipts fund, after making any transfers required under division (E) of this section, to the host community cannabis fund, which is created in the state treasury, for the benefit of municipal corporations or townships that have not prohibited or limited adult-use dispensaries under section 3780.25 of the Revised Code, as that section existed immediately before its repeal by this act, before March 1, 2025. 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.
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Distributions under this division shall be made by the end of each month based on tax collections from the preceding month. The tax commissioner shall make data available to the director of the office of budget and management for this purpose and the director of budget and management shall provide for payment of those amounts to municipal corporations and townships as required.
Sec. 5739.99. (A) Whoever violates section 5739.26 or
H. B. No. 160 As Introduced
| Asintroauced |
| a t au e o ' 3314 |
| 3315 |
| each subsequent offense such person shall, if a corporation, be 3316 |
| fined not less than one hundred nor more than five hundred 3317 |
| dollars, or if an individual， or a member of a partnership, 3318 |
| firm, or association, be fined not less than twenty-five nor 3319 |
| more than one hundred dollars, or imprisoned not more than sixty 3320 days， or both. 3321 |
| (B） Whoever violates division (A) of section 5739.30 of 3322 |
| 3323 |
| 3324 |
| sixty days， or both. 3325 |
| (C）(l） Whoever violates division (A)(1） of section 5739.31 3326 |
| of the Revised Code shall be fined not less than twenty-five nor 3327 |
| more than one hundred dollars. If the offender previously has 3328 |
| been convicted of a violation of division (A)(l） of section 3329 |
| 5739.3l of the Revised Code, the offender is guilty of a felony 3330 |
| of the fourth degree. 3331 |
| (2） Whoever violates division (A)(2） of section 5739.3l of 3332 |
| the Revised Code shall be fined not less than one hundred 3333 |
| dollars nor more than five hundred dollars, or imprisoned for 3334 |
| not more than ten days, or both， for the first offense; for each 3335 |
| 3336 |
| 3337 |
| dollars, or imprisoned not more than thirty days, or both. The 3338 |
| motor vehicles and goods of any person charged with violating 3339 |
| 3340 |
| impounded and held pending the disposition of the charge, and 3341 |
| may be sold at auction by the county sheriff in the manner 3342 |
| prescribed by law to satisfy any fine imposed by this division. 3343 |
H. B. No. 160 As Introduced
(3) Whoever violates division (B) of section 5739.31 of 3344
the Revised Code is guilty of a felony of the fourth degree. 3345
Each day that business is conducted while a vendor's license is 3346
suspended constitutes a separate offense. 3347
(D) Except as otherwise provided in this section, whoever violates sections 5739.01 to 5739.31 of the Revised Code, or any lawful rule promulgated by the department of taxation under authority of such sections, shall be fined not less than twentyfive nor more than one hundred dollars.
(E) Whoever violates section 5739.12 of the Revised Code by failing to remit to the state the tax collected under section 5739.02, 5739.021, 5739.023, or 5739.026, or 5739.27 of the Revised Code is guilty of a felony of the fourth degree and shall suffer the loss of the person's vendor's license as required by section 5739.17 of the Revised Code. A person shall not be eligible for a vendor's license for two years following conviction.
(F) Whoever violates division (E) of section 5739.17 of 336
the Revised Code is guilty of failure to display a transient 336
vendor's license, a minor misdemeanor. A sheriff or police 336
officer in a municipal corporation may enforce this division. 336
The prosecuting attorney of a county shall inform the tax 336
commissioner of any instance when a complaint is brought against 336
a transient vendor pursuant to this division. 336
(G) Whoever violates section 5739.103 of the Revised Code 3368
shall be fined not less than twenty-five nor more than one 3369
hundred dollars. If the offender previously has been convicted 3370
of violating that section, the offender is guilty of a felony of 3371
the fourth degree. 3372
H. B. No. 160
| AsIntroduced |
| (H） The penalties provided in this section are in addition 3373 |
| 3374 |
| 5739.133 of the Revised Code. 3375 |
| Section 2. That existing sections 9.79, 519.21, 928.01, 3376 |
| 928.03, 3376.07, 3796.01, 3796.02, 3796.03, 3796.05, 3796.06, 3377 |
| 3796.07, 3796.09, 3796.10, 3796.12, 3796.13, 3796.14, 3796.15, 3378 |
| 3796.17, 3796.18, 3796.19, 3796.20, 3796.21, 3796.22, 3796.23, 3379 |
| 3796.24, 3796.27， 3796.28, 3796.29, 3796.30, 3796.31, 4735.18, 3380 |
| 4796.25， 5502.01， 5502.13， 5502.14， 5713.30， 5739.21， and 3381 |
| 5739.99 of the Revised Code are hereby repealed. 3382 |
| Section 3. That sections 3780.01, 3780.02, 3780.03, 3383 3780.04, 3780.05, 3780.06, 3780.07， 3780.08, 3780.09, 3780.10, 3384 |
| 3780.11， 3780.12, 3780.13, 3780.14， 3780.15, 3780.16, 3780.17, 3385 |
| 3780.18, 3780.19, 3780.20, 3780.21， 3780.22, 3780.23， 3780.24, |
| 3386 3780.25, 3780.26, 3780.27， 3780.28, 3780.29, 3780.30, 3780.31, 3387 |
| 3780.32, 3780.33, 3780.34, 3780.35, 3780.36, 3780.90, 3780.99, |
| 3388 and 3796.021 of the Revised Code are hereby repealed. 3389 |
| Section 4. (A) All rules adopted by the Division of 3390 |
| Cannabis Control pursuant to Chapter 3780. of the Revised Code, 3391 |
| as that chapter existed immediately before the effective date of 3392 |
| this section, and that are not in conflict with the requirements 3393 |
| of this act, continue in effect until repealed or amended by the 3394 |
| Division of Marijuana Control. The Director of the Legislative 3395 |
| Service Commission shall renumber rules adopted under Chapter 3396 |
| 378o. of the Revised Code to reflect the transfer of authority 3397 |
| to Chapter 3796. of the Revised Code, as amended by this act. 3398 |
| 3399 |
| Initiative or the Joint Committee on Agency Rule Review on the 3400 |
| effective date of this section that were proposed by the 3401 Division of Cannabis Control under Chapter 3780. of the Revised 3402 |
H. B. No. 160 As Introduced
Code, as that chapter existed immediately before the effective 3403
date of this section, shall be treated as having been proposed 3404
by the Division of Marijuana Control under Chapter 3796. of the 3405
Revised Code. 3406
(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 Marijuana 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 5. 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 following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 519.21 of the Revised Code as amended by both H.B. 342
523 and S.B. 75 of the 131st General Assembly. 342
Section 5739.99 of the Revised Code as amended by both 3424
S.B. 143 and S.B. 200 of the 124th General Assembly. 3425