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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 1301:18-6 | Processor Certification and Requirements

 
 
 
Rule
Rule 1301:18-6-01 | Processor Certificate of Operation.
 

(A) Unless otherwise authorized by the division of cannabis control, each processor is prohibited from engaging in any activity authorized under these rules until the division issues the processor a certificate of operation.

(B) The division shall not issue a provisional processor a certificate of operation unless and until the processor meets all requirements outlined under division 1301:18 of the Administrative Code.

(C) Each processor shall have twelve months from the date the processor is issued a provisional license pursuant to these rules to obtain a certificate of operation.

(D) Upon receipt of its certificate of operation, a processor may engage in the following activities:

(1) Obtain cannabis from a cultivator, processor, or dispensary licensed pursuant to division 1301:18 of the Administrative Code;

(2) Process cannabis into a form authorized under rule 1301:18-4-03 of the Administrative Code;

(3) Distribute, transfer, and sell cannabis to a cultivator, processor, or other dispensary licensed pursuant to division 1301:18 of the Administrative Code; and

(4) Transfer cannabis for research and development or state-required testing to a laboratory licensed pursuant to division 1301:18 of the Administrative Code.

(E) A certificate of operation shall be issued to, and valid only for, the designated business entity, owners, and licensed premises specified within the processor's initial application for licensure pursuant to rule 1301:18-2-02 of the Administrative Code.

Last updated December 20, 2024 at 7:43 AM

Supplemental Information

Authorized By: 3780.03, 3796.03
Amplifies: 3780.03, 3780.14, 3796.03, 3796.09, 3796.19
Five Year Review Date: 12/20/2029
Rule 1301:18-6-02 | Processor Uninterrupted Supply of Cannabis.
 

(A) Each processor shall conduct its daily business and manufacturing activities in a manner that ensures a consistent supply of cannabis is available for sale to customers.

Evidence of a processor's consistent supply pursuant to this rule is shown by:

(1) Not more than thirty calendar days elapsing without extracting or manufacturing at least two hundred fifty grams of cannabis concentrate; or

(2) Not more than thirty calendar days elapsing between sale or transfer of at least one lot of cannabis products to a dispensary.

(B) A processor may petition on a form prescribed by the division to toll computation of the timeframes provided in paragraph (A) of this rule and include the following:

(1) An explanation of the facts and circumstances that prevent the processor's compliance with paragraph (A) of this rule; and

(2) A written plan, outlined in specific detail with the processor's intended actions and projected timeline, to ensure the processor complies with this rule.

(3) Upon receipt of a petition under this paragraph, the division may stay the requirement of paragraph (A) of this rule for the processor. A division order staying the requirement of paragraph (A) of this rule will state the date upon which the stay is lifted.

Last updated December 20, 2024 at 7:43 AM

Supplemental Information

Authorized By: 3780.03, 3796.03
Amplifies: 3780.03, 3780.14, 3796.03, 3796.09, 3796.19
Five Year Review Date: 12/20/2029
Rule 1301:18-6-04 | Processor Minimum Security and Surveillance Requirements.
 

(A) Each processor shall establish, maintain, and comply with written policies and procedures that ensure adequate security, surveillance, and control of the licensed premises that prevent diversion, theft, or loss and meet the minimum requirements outlined under this rule.

Pursuant to rule 1301:18-6-02 of the Administrative Code each processor shall petition the division prior to implementing any major modification to the facility's security procedures, systems, or equipment.

(B) Prior to the commencement of business, each processor shall meet the following security and surveillance requirements that ensure compliance with all standards established by the division:

(1) Designate a secure, limited access area for all equipment maintained pursuant to this rule that is accessible only by authorized registered processor employees with foundational training in security and surveillance;

(2) Maintain or construct fencing to prevent unauthorized entry or access to waste disposal containers, disposal areas or compost areas located outside the facility.

(3) Install a security alarm system with commercial grade equipment that includes the following:

(a) An access alarm on all entry points and windows;

(b) Motion detectors that identify unauthorized access into the facility; and

(c) A silent alarm, which may be utilized during instances of duress that sends a pre-recorded voice message to the facility's designated security personnel and law enforcement, public safety, or emergency services requesting dispatch, which includes the capability to enter a designated code into an arming station to signal that the alarm user is being forced to turn off the system.

(4) Install a video surveillance system that complies with the following:

(a) Is capable of electronic monitoring of the facility and real-time access by the division;

(b) Collects twenty-four-hour live video feed with motion-activated recording capabilities for all video cameras that record in at least fifteen frames per second;

(c) Archives and retains recordings for at least forty-five calendar days;

(d) Contains a display monitor with a minimum screen size of twelve inches;

(e) Exports still images in an industry standard format that guarantees authentication and prevents alteration of the recorded images;

(f) Produces clear color still photographs that are a minimum of 600 x 600 dpi from any camera image, live or recorded;

(g) Embeds a date and time stamp on all recordings; and (h) Includes a failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system.

(5) Install unobstructed cameras in a manner that prevents tampering, captures the entirety of the licensed premises, and clearly identifies all individuals and activities within the surveilled area;

(6) Install cameras at all the following locations:

(a) All points of ingress and egress;

(b) All secure, limited access areas;

(c) Any area where cannabis is manufactured, processed, extracted, stored, or handled;

(d) Any area that stores cannabis or facility inventory;

(e) The facility's cannabis destruction and disposal area; and

(f) All areas where sales proceeds are stored or transferred.

(7) Daily records of all registered employees' access to any secure, limited access area;

(8) Develop emergency policies and procedures for securing all inventory and currency in the event of diversion, theft, or loss;

(9) Any other requirements the division deems necessary to maintain proper security and surveillance and ensure public safety.

(C) Each processor shall inspect and test all security and surveillance equipment at least once per month to ensure functionality.

(1) Pursuant to rule 1301:18-3-17 of the Administrative Code, each processor shall record and maintain evidence of all security and surveillance equipment tests pursuant to this paragraph.

(2) Each processor shall immediately notify the division of any failure in the facility's security and surveillance system or any associated equipment.

Any necessary repair or replacement shall occur within twenty-four hours of identification.

(3) Each processor shall keep all security equipment in good-working order and the systems shall be inspected and all devices tested on an annual basis by a third party.

(D) In the event a processor is made aware of any pending criminal, civil, or administrative investigations or legal proceedings for which a video recording may contain relevant information, the processor shall retain an unaltered copy of the recording until the investigation or proceeding is closed or the entity conducting the investigation or proceeding notifies the processor that it is not necessary to retain the recording.

Last updated December 20, 2024 at 7:43 AM

Supplemental Information

Authorized By: 3780.03, 3796.03
Amplifies: 3780.03, 3780.20, 3796.03
Five Year Review Date: 12/20/2029