SB 56

(136th General Assembly)
  (Amended Substitute Senate Bill Number 56)
  AN ACT
       To amend sections 9.79, 109.572, 121.04, 121.08, 131.02, 519.21, 715.013, 928.02,
  928.03, 928.04, 2925.01, 3376.07, 3719.01, 3719.41, 3796.01, 3796.02,
  3796.021, 3796.03, 3796.032, 3796.05, 3796.06, 3796.061, 3796.07, 3796.08,
  3796.09, 3796.10, 3796.11, 3796.12, 3796.13, 3796.14, 3796.15, 3796.16,
  3796.17, 3796.18, 3796.19, 3796.20, 3796.21, 3796.22, 3796.23, 3796.24,
  3796.27, 3796.28, 3796.29, 3796.30, 3796.31, 4506.01, 4729.01, 4729.80,
  4735.18, 4776.01, 4796.25, 5502.01, 5502.13, 5502.14, 5703.052, and 5713.30;
  to amend, for the purpose of adopting a new section number as indicated in
  parentheses, section 3780.37 (3796.34); to enact new section 928.01 and sections
  928.031, 928.08, 2953.321, 3779.21, 3779.211, 3779.22, 3779.23, 3779.24,
  3779.25, 3779.26, 3779.27, 3779.28, 3779.29, 3779.30, 3779.99, 3796.04,
  3796.062, 3796.221, 3796.32, 3796.33, 3796.40, 3796.99, and 5119.171; and to
  repeal sections 928.01, 3780.01, 3780.02, 3780.03, 3780.04, 3780.05, 3780.06,
  3780.07, 3780.08, 3780.09, 3780.10, 3780.11, 3780.12, 3780.13, 3780.14,
  3780.15, 3780.16, 3780.17, 3780.20, 3780.21, 3780.22, 3780.24, 3780.25,
  3780.26, 3780.27, 3780.28, 3780.29, 3780.30, 3780.31, 3780.32, 3780.33,
  3780.34, 3780.35, 3780.36, 3780.90, 3780.99, and 3796.021 of the Revised Code;
  and to repeal the versions of sections 3779.21, 3779.211, 3779.22, 3779.23,
  3779.24, 3779.25, 3779.26, 3779.27, 3779.28, 3779.29, 3779.30, and 3779.99 of
  the Revised Code enacted by this act effective December 31, 2026, to revise
  specified provisions of the liquor control, hemp, and adult-use marijuana laws,
  and to make an appropriation, and to amend section 4506.01 of the Revised Code
  effective December 31, 2026, to revise the law governing commercial driver's
  licenses.
Be it enacted by the General Assembly of the State of Ohio:
       SECTION 1. That sections 9.79, 109.572, 121.04, 121.08, 131.02, 519.21, 715.013, 928.02,
928.03, 928.04, 2925.01, 3376.07, 3719.01, 3719.41, 3796.01, 3796.02, 3796.021, 3796.03,
3796.032, 3796.05, 3796.06, 3796.061, 3796.07, 3796.08, 3796.09, 3796.10, 3796.11, 3796.12,
3796.13, 3796.14, 3796.15, 3796.16, 3796.17, 3796.18, 3796.19, 3796.20, 3796.21, 3796.22,
3796.23, 3796.24, 3796.27, 3796.28, 3796.29, 3796.30, 3796.31, 4506.01, 4729.01, 4729.80,
4735.18, 4776.01, 4796.25, 5502.01, 5502.13, 5502.14, 5703.052, and 5713.30 be amended; section
3780.37 (3796.34) be amended for the purpose of adopting a new section number as indicated in
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parentheses; and new section 928.01 and sections 928.031, 928.08, 2953.321, 3779.21, 3779.211,
3779.22, 3779.23, 3779.24, 3779.25, 3779.26, 3779.27, 3779.28, 3779.29, 3779.30, 3779.99,
3796.04, 3796.062, 3796.221, 3796.32, 3796.33, 3796.40, 3796.99, and 5119.171 of the Revised
Code be enacted to read as follows:
        Sec. 9.79. (A) As used in this section:
        (1) "License" means an authorization evidenced by a license, certificate, registration, permit,
card, or other authority that is issued or conferred by a licensing authority to an individual by which
the individual has or claims the privilege to engage in a profession, occupation, or occupational
activity over which the licensing authority has jurisdiction. "License" does not include a registration
under section 101.72, 101.92, or 121.62 of the Revised Code.
        (2) "Licensing authority" means a state agency that issues licenses under Title XLVII or any
other provision of the Revised Code to practice an occupation or profession.
        (3) "Offense of violence" has the same meaning as in section 2901.01 of the Revised Code.
        (4) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised
Code.
        (5) "State agency" has the same meaning as in section 1.60 of the Revised Code.
        (6) "Community control sanction" has the same meaning as in section 2929.01 of the
Revised Code.
        (7) "Post-release control sanction" has the same meaning as in section 2967.01 of the
Revised Code.
        (8) "Fiduciary duty" means a duty to act for someone else's benefit, while subordinating
one's personal interest to that of the other person.
        (B)(1) Notwithstanding any provision of the Revised Code to the contrary, subject to
division (L) of this section, for each type of license issued or conferred by a licensing authority, the
licensing authority shall establish within one hundred eighty days after April 12, 2021, a list of
specific criminal offenses for which a conviction, judicial finding of guilt, or plea of guilty may
disqualify an individual from obtaining an initial license. The licensing authority shall make the list
available to the public on the licensing authority's web site pursuant to division (C) of section 9.78
of the Revised Code. The licensing authority, in adopting the list, shall do both of the following:
        (a) Identify each disqualifying offense by name or by the Revised Code section number that
creates the offense;
        (b) Include in the list only criminal offenses that are directly related to the duties and
responsibilities of the licensed occupation.
        (2) The licensing authority may include in the list established under division (B)(1) of this
section an existing or former municipal ordinance or law of this or any other state or the United
States that is substantially equivalent to any section or offense included in the list adopted under
division (B)(1) of this section.
        (C)(1) Except as provided in division (C)(2) or (D) of this section and subject to division (L)
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of this section, a licensing authority shall not refuse to issue an initial license to an individual based
on any of the following:
  (a) Solely or in part on a conviction of, judicial finding of guilt of, or plea of guilty to an
offense;
  (b) A criminal charge that does not result in a conviction, judicial finding of guilt, or plea of
guilty;
  (c) A nonspecific qualification such as "moral turpitude" or lack of "moral character";
  (d) A disqualifying offense included in the list established under division (B) of this section,
if consideration of that offense occurs after the time periods permitted in division (D) of this section.
  (2) If the individual was convicted of, found guilty pursuant to a judicial finding of guilt of,
or pleaded guilty to a disqualifying offense included in the list established under division (B) of this
section for the license for which the individual applied, the licensing authority may take the
conviction, judicial finding of guilt, or plea of guilty into consideration in accordance with division
(D) of this section.
  (D)(1) A licensing authority that may, under division (C)(2) of this section, consider a
conviction of, judicial finding of guilt of, or plea of guilty to an offense in determining whether to
refuse to issue an initial license to an individual shall consider all of the following factors and shall
use a preponderance of the evidence standard in evaluating those factors to determine whether the
conviction, judicial finding of guilt, or plea of guilty disqualifies the individual from receiving the
license:
  (a) The nature and seriousness of the offense for which the individual was convicted, found
guilty pursuant to a judicial finding of guilt, or pleaded guilty;
  (b) The passage of time since the individual committed the offense;
  (c) The relationship of the offense to the ability, capacity, and fitness required to perform the
duties and discharge the responsibilities of the occupation;
  (d) Any evidence of mitigating rehabilitation or treatment undertaken by the individual,
including whether the individual has been issued a certificate of qualification for employment under
section 2953.25 of the Revised Code or a certificate of achievement and employability under section
2961.22 of the Revised Code;
  (e) Whether the denial of a license is reasonably necessary to ensure public safety.
  (2) A licensing authority may take a disqualifying offense included in the list established
under division (B) of this section into account only during the following time periods:
  (a) For a conviction of, judicial finding of guilt of, or plea of guilty to a disqualifying offense
that does not involve a breach of fiduciary duty and that is not an offense of violence or a sexually
oriented offense, whichever of the following is later, provided the individual was not convicted of,
found guilty pursuant to a judicial finding of guilt of, and did not enter a plea of guilty to any other
offense during the applicable period:
  (i) Five years from the date of conviction, judicial finding of guilt, or plea of guilty;
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  (ii) Five years from the date of the release from incarceration;
  (iii) The time period specified in division (D)(3) of this section.
  (b) For a conviction of, judicial finding of guilt of, or plea of guilty to a disqualifying offense
that involves a breach of fiduciary duty and that is not an offense of violence or a sexually oriented
offense, whichever of the following is later, provided the individual was not convicted of, found
guilty pursuant to a judicial finding of guilt of, and did not enter a plea of guilty to any other offense
during the applicable period:
  (i) Ten years from the date of conviction, judicial finding of guilt, or plea of guilty;
  (ii) Ten years from the date of the release from incarceration;
  (iii) The time period specified in division (D)(4) of this section.
  (c) For a conviction of, judicial finding of guilt of, or plea of guilty to a disqualifying offense
that is an offense of violence or a sexually oriented offense, any time.
  (3) 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 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 post-release control sanction was for a term
of less than five years, 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 five years;
  (b) If the community control sanction, parole, or post-release control sanction was for a term
of five years or more, the period of the community control sanction, parole, or post-release control
sanction.
  (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 post-release 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-release control sanction was for a term
of ten years or more, the period of the community control sanction, parole, or post-release control
sanction.
  (E) If a licensing authority refuses to issue an initial license to an individual pursuant to
division (D) of this section, the licensing authority shall notify the individual in writing of all of the
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following:
  (1) The grounds and reasons for the refusal, including an explanation of the licensing
authority's application of the factors under division (D) of this section to the evidence the licensing
authority used to reach the decision;
  (2) The individual's right to a hearing regarding the licensing authority's decision under
section 119.06 of the Revised Code;
  (3) The earliest date the individual may reapply for a license;
  (4) Notice that evidence of rehabilitation may be considered on reapplication.
  (F) In an administrative hearing or civil action reviewing a licensing authority's refusal under
divisions (B) to (K) of this section to issue an initial license to an individual, the licensing authority
has the burden of proof on the question of whether the individual's conviction of, judicial finding of
guilt of, or plea of guilty to an offense directly relates to the licensed occupation.
  (G) A licensing authority that is authorized by law to limit or otherwise place restrictions on
a license may do so to comply with the terms and conditions of a community control sanction, post-
release control sanction, or an intervention plan established in accordance with section 2951.041 of
the Revised Code.
  (H) Each licensing authority shall adopt any rules that it determines are necessary to
implement divisions (B) to (F) of this section.
  (I) Divisions (B) to (K) of this section do not apply to any of the following:
  (1) Any position for which appointment requires compliance with section 109.77 of the
Revised Code or in which an individual may satisfy the requirements for appointment or election by
complying with that section;
  (2) Any position for which federal law requires disqualification from licensure or
employment based on a conviction of, judicial finding of guilt of, or plea of guilty to an offense;
  (3) Community-based long-term care services certificates and community-based long-term
care services contracts or grants issued under section 173.381 of the Revised Code;
  (4) Certifications of a provider to provide community-based long-term care services under
section 173.391 of the Revised Code;
  (5) Certificates of authority to a health insuring corporation issued under section 1751.05 of
the Revised Code;
  (6) Licenses to operate a home or residential care facility issued under section 3721.07 of the
Revised Code;
  (7) Certificates of authority to make contracts of indemnity issued under section 3931.10 of
the Revised Code;
  (8) Supported living certificates issued under section 5123.161 of the Revised Code;
  (9) Certificates to administer medications and perform health-related activities under section
5123.45 of the Revised Code;
  (10) Licenses issued by the division of cannabis control under Chapter 3796. of the Revised
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Code.
  (J) Nothing in divisions (B) to (K) of this section prohibits a licensing authority from
considering either of the following when making a determination whether to issue a license to an
individual:
  (1) Past disciplinary action taken by the licensing authority against the individual;
  (2) Past disciplinary action taken against the individual by an authority in another state that
issues a license that is substantially similar to the license for which the individual applies.
  (K) Notwithstanding any provision of the Revised Code to the contrary, if a licensing
authority issues a license to an individual after considering a conviction of, judicial finding of guilt
of, or plea of guilty to an offense under division (D) of this section, the licensing authority shall not
refuse to renew the individual's license based on that conviction, judicial finding of guilt, or plea of
guilty.
  (L)(1) Notwithstanding any provision of the Revised Code to the contrary, subject to
division (G) of this section, during the period commencing on the effective date of this amendment
April 4, 2023, and ending on the date that is two years after the effective date of this amendment
April 4, 2025, no licensing authority shall refuse to issue a license to a person, limit or otherwise
place restrictions on a person's license, or suspend or revoke a person's license under any provision
of the Revised Code that takes effect on or after the effective date of this amendment and prior to the
date that is two years after the effective date of this amendment and that requires or authorizes such
a refusal, limitation, restriction, suspension, or revocation as a result of the person's conviction of,
judicial finding of guilt of, or plea of guilty to an offense.
  (2) Divisions (B) to (F), and (H) to (K), of this section do not apply with respect to any
provision of the Revised Code that takes effect on or after the effective date of this amendment and
prior to the date that is two years after the effective date of this amendment and that requires or
authorizes a licensing authority to refuse to issue a license to a person, to limit or otherwise place
restrictions on a person's license, or to suspend or revoke a person's license as a result of the person's
conviction of, judicial finding of guilt of, or plea of guilty to an offense.
  Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 3301.32,
3301.541, or 3319.39 of the Revised Code, a completed form prescribed pursuant to division (C)(1)
of this section, and a set of fingerprint impressions obtained in the manner described in division (C)
(2) of this section, the superintendent of the bureau of criminal identification and investigation shall
conduct a criminal records check in the manner described in division (B) of this section to determine
whether any information exists that indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the following:
  (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.06, 2903.08,
2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11,
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
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2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2923.17, 2923.21, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13,
2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 2925.37, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation
of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section
2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
  (b) A violation of an existing or former law of this state, any other state, or the United States
that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section;
  (c) If the request is made pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, any offense specified under section 9.79 of the Revised Code or in section 3319.31
of the Revised Code.
  (2) On receipt of a request pursuant to section 3712.09 or 3721.121 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct a criminal records check with
respect to any person who has applied for employment in a position for which a criminal records
check is required by those sections. The superintendent shall conduct the criminal records check in
the manner described in division (B) of this section to determine whether any information exists that
indicates that the person who is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
  (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13,
2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11,
2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13,
2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
  (b) An existing or former law of this state, any other state, or the United States that is
substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.
  (3) On receipt of a request pursuant to section 173.27, 173.38, 173.381, 3740.11, 5119.34,
5164.34, 5164.341, 5164.342, 5123.081, or 5123.169 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in
the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records check of the person for whom the
request is made. The superintendent shall conduct the criminal records check in the manner
described in division (B) of this section to determine whether any information exists that indicates
that the person who is the subject of the request previously has been convicted of, has pleaded guilty
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to, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the
Revised Code) has been found eligible for intervention in lieu of conviction for any of the following,
regardless of the date of the conviction, the date of entry of the guilty plea, or (except in the case of a
request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) the date the person
was found eligible for intervention in lieu of conviction:
  (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 2903.03, 2903.04, 2903.041,
2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341,
2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25,
2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22,
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03,
2917.31, 2919.12, 2919.121, 2919.123, 2919.124, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.12, 2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 2921.36,
2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42,
2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,
2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;
  (b) Felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
  (c) A violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996;
  (d) A violation of section 2923.01, 2923.02, or 2923.03 of the Revised Code when the
underlying offense that is the object of the conspiracy, attempt, or complicity is one of the offenses
listed in divisions (A)(3)(a) to (c) of this section;
  (e) A violation of an existing or former municipal ordinance or law of this state, any other
state, or the United States that is substantially equivalent to any of the offenses listed in divisions (A)
(3)(a) to (d) of this section.
  (4) On receipt of a request pursuant to section 2151.86, 2151.904, or 5103.053 of the
Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
  (a) A violation of section 959.13, 2151.421, 2903.01, 2903.02, 2903.03, 2903.04, 2903.041,
2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22,
2903.32, 2903.34, 2905.01, 2905.02, 2905.05, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01,
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2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2923.17, 2923.21, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05,
2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 2925.37, 2927.12, or
3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior
to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation
of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been
committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor
drug possession offense, two or more OVI or OVUAC violations committed within the three years
immediately preceding the submission of the application or petition that is the basis of the request,
or felonious sexual penetration in violation of former section 2907.12 of the Revised Code, or a
violation of Chapter 2919. of the Revised Code that is a felony;
  (b) A violation of an existing or former law of this state, any other state, or the United States
that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.
  (5) Upon receipt of a request pursuant to section 5104.013 of the Revised Code, a completed
form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any information exists that indicates
that the person who is the subject of the request has been convicted of or pleaded guilty to any of the
following:
  (a) A violation of section 2151.421, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12,
2903.13, 2903.16, 2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32,
2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21,
2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40,
2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.22, 2919.224, 2919.225, 2919.24, 2919.25,
2921.03, 2921.11, 2921.13, 2921.14, 2921.34, 2921.35, 2923.01, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised Code, a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to that date, a violation of section
2925.11 of the Revised Code that is not a minor drug possession offense, a violation of section
2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division, or a second
violation of section 4511.19 of the Revised Code within five years of the date of application for
licensure or certification.
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  (b) A violation of an existing or former law of this state, any other state, or the United States
that is substantially equivalent to any of the offenses or violations described in division (A)(5)(a) of
this section.
  (6) Upon receipt of a request pursuant to section 5153.111 of the Revised Code, a completed
form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any information exists that indicates
that the person who is the subject of the request previously has been convicted of or pleaded guilty
to any of the following:
  (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13,
2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior
to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation
of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been
committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
  (b) A violation of an existing or former law of this state, any other state, or the United States
that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section.
  (7) On receipt of a request for a criminal records check from an individual pursuant to
section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a manner
described in division (C)(2) of this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records check in the manner described in
division (B) of this section to determine whether any information exists indicating that the person
who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in
this state or in any other state. If the individual indicates that a firearm will be carried in the course
of business, the superintendent shall require information from the federal bureau of investigation as
described in division (B)(2) of this section. Subject to division (F) of this section, the superintendent
shall report the findings of the criminal records check and any information the federal bureau of
investigation provides to the director of public safety.
  (8) On receipt of a request pursuant to section 1321.37, 1321.53, or 4763.05 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in division (C)(2) of this section, the
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  11
superintendent of the bureau of criminal identification and investigation shall conduct a criminal
records check with respect to any person who has applied for a license, permit, or certification from
the department of commerce or a division in the department. The superintendent shall conduct the
criminal records check in the manner described in division (B) of this section to determine whether
any information exists that indicates that the person who is the subject of the request previously has
been convicted of or pleaded guilty to any criminal offense in this state, any other state, or the
United States.
  (9) On receipt of a request for a criminal records check from the treasurer of state under
section 113.041 of the Revised Code or from an individual under section 928.03, 4701.08, 4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4729.53, 4729.90, 4729.92, 4730.101, 4730.14, 4730.28,
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10, 4747.051, 4751.20, 4751.201, 4751.21, 4753.061, 4755.70, 4757.101, 4759.061, 4760.032,
4760.06, 4761.051, 4762.031, 4762.06, 4774.031, 4774.06, 4776.021, 4778.04, 4778.07, 4779.091,
or 4783.04 of the Revised Code, accompanied by a completed form prescribed under division (C)(1)
of this section and a set of fingerprint impressions obtained in the manner described in division (C)
(2) of this section, the superintendent of the bureau of criminal identification and investigation shall
conduct a criminal records check in the manner described in division (B) of this section to determine
whether any information exists that indicates that the person who is the subject of the request has
been convicted of or pleaded guilty to any criminal offense in this state or any other state. Subject to
division (F) of this section, the superintendent shall send the results of a check requested under
section 113.041 of the Revised Code to the treasurer of state and shall send the results of a check
requested under any of the other listed sections to the licensing board specified by the individual in
the request.
  (10) On receipt of a request pursuant to section 124.74, 718.131, 1121.23, 1315.141,
1733.47, or 1761.26 of the Revised Code, a completed form prescribed pursuant to division (C)(1)
of this section, and a set of fingerprint impressions obtained in the manner described in division (C)
(2) of this section, the superintendent of the bureau of criminal identification and investigation shall
conduct a criminal records check in the manner described in division (B) of this section to determine
whether any information exists that indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any criminal offense under any existing or
former law of this state, any other state, or the United States.
  (11) On receipt of a request for a criminal records check from an appointing or licensing
authority under section 3772.07 of the Revised Code, a completed form prescribed under division
(C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in
division (C)(2) of this section, the superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner described in division (B) of this
section to determine whether any information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty or no contest to any offense under
Am. Sub. S. B. No. 56  136th G.A.
  12
any existing or former law of this state, any other state, or the United States that makes the person
ineligible for appointment or retention under section 3772.07 of the Revised Code or that is a
disqualifying offense as defined in that section or substantially equivalent to a disqualifying offense,
as applicable.
        (12) On receipt of a request pursuant to section 2151.33 or 2151.412 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct a criminal records check with
respect to any person for whom a criminal records check is required under that section. The
superintendent shall conduct the criminal records check in the manner described in division (B) of
this section to determine whether any information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded guilty to any of the following:
        (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13,
2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11,
2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13,
2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
        (b) An existing or former law of this state, any other state, or the United States that is
substantially equivalent to any of the offenses listed in division (A)(12)(a) of this section.
        (13) On receipt of a request pursuant to section 3796.12 of the Revised Code, a completed
form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions
obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any information exists that indicates
that the person who is the subject of the request previously has been convicted of or pleaded guilty
to a disqualifying offense as specified in rules adopted under section 9.79 and division (B)(2)(b) of
section 3796.03 of the Revised Code if the person who is the subject of the request is an
administrator or other person responsible for the daily operation of, or an owner or prospective
owner, officer or prospective officer, or board member or prospective board member of, an entity
seeking a license from the department of commerce under Chapter 3796. of the Revised Code.
        (14) On receipt of a request required by section 3796.13 of the Revised Code, a completed
form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions
obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any information exists that indicates
that the person who is the subject of the request previously has been convicted of or pleaded guilty
to a disqualifying offense as specified in rules adopted under section 9.79 and division (B)(14)(a)(B)
Am. Sub. S. B. No. 56  136th G.A.
  13
of section 3796.03 of the Revised Code if the person who is the subject of the request is seeking
employment with an entity licensed by the department of commerce under Chapter 3796. of the
Revised Code.
  (15) On receipt of a request pursuant to section 4768.06 of the Revised Code, a completed
form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in
the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records check in the manner described in
division (B) of this section to determine whether any information exists indicating that the person
who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in
this state or in any other state.
  (16) On receipt of a request pursuant to division (B) of section 4764.07 or division (A) of
section 4735.143 of the Revised Code, a completed form prescribed under division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal identification and investigation shall
conduct a criminal records check in the manner described in division (B) of this section to determine
whether any information exists indicating that the person who is the subject of the request has been
convicted of or pleaded guilty to any criminal offense in any state or the United States.
  (17) On receipt of a request for a criminal records check under section 147.022 of the
Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject of the request previously has been
convicted of or pleaded guilty or no contest to any criminal offense under any existing or former law
of this state, any other state, or the United States.
  (18) Upon receipt of a request pursuant to division (F) of section 2915.081 or division (E) of
section 2915.082 of the Revised Code, a completed form prescribed under division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal identification and investigation shall
conduct a criminal records check in the manner described in division (B) of this section to determine
whether any information exists indicating that the person who is the subject of the request has been
convicted of or pleaded guilty or no contest to any offense that is a violation of Chapter 2915. of the
Revised Code or to any offense under any existing or former law of this state, any other state, or the
United States that is substantially equivalent to such an offense.
  (19) On receipt of a request pursuant to section 3775.03 of the Revised Code, a completed
form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in
the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records check in the manner described in
Am. Sub. S. B. No. 56  136th G.A.
  14
division (B) of this section and shall request information from the federal bureau of investigation to
determine whether any information exists indicating that the person who is the subject of the request
has been convicted of any offense under any existing or former law of this state, any other state, or
the United States that is a disqualifying offense as defined in section 3772.07 of the Revised Code.
  (B) Subject to division (F) of this section, the superintendent shall conduct any criminal
records check to be conducted under this section as follows:
  (1) The superintendent shall review or cause to be reviewed any relevant information
gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that
relates to the person who is the subject of the criminal records check, including, if the criminal
records check was requested under section 113.041, 121.08, 124.74, 173.27, 173.38, 173.381,
718.131, 928.03, 1121.23, 1315.141, 1321.37, 1321.53, 1733.47, 1761.26, 2151.86, 3301.32,
3301.541, 3319.39, 3740.11, 3712.09, 3721.121, 3772.07, 3775.03, 3796.12, 3796.13, 4729.071,
4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05, 4764.07, 4768.06, 5103.053, 5104.013,
5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant
information contained in records that have been sealed under section 2953.32 of the Revised Code;
  (2) If the request received by the superintendent asks for information from the federal bureau
of investigation, the superintendent shall request from the federal bureau of investigation any
information it has with respect to the person who is the subject of the criminal records check,
including fingerprint-based checks of national crime information databases as described in 42 U.S.C.
671 if the request is made pursuant to section 2151.86, 5103.053, or 5104.013 of the Revised Code
or if any other Revised Code section requires fingerprint-based checks of that nature, and shall
review or cause to be reviewed any information the superintendent receives from that bureau. If a
request under section 3319.39 of the Revised Code asks only for information from the federal bureau
of investigation, the superintendent shall not conduct the review prescribed by division (B)(1) of this
section.
  (3) The superintendent or the superintendent's designee may request criminal history records
from other states or the federal government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
  (4) The superintendent shall include in the results of the criminal records check a list or
description of the offenses listed or described in the relevant provision of division (A) of this
section. The superintendent shall exclude from the results any information the dissemination of
which is prohibited by federal law.
  (5) The superintendent shall send the results of the criminal records check to the person to
whom it is to be sent not later than the following number of days after the date the superintendent
receives the request for the criminal records check, the completed form prescribed under division
(C)(1) of this section, and the set of fingerprint impressions obtained in the manner described in
division (C)(2) of this section:
  (a) If the superintendent is required by division (A) of this section (other than division (A)(3)
Am. Sub. S. B. No. 56  136th G.A.
  15
of this section) to conduct the criminal records check, thirty;
  (b) If the superintendent is required by division (A)(3) of this section to conduct the criminal
records check, sixty.
  (C)(1) The superintendent shall prescribe a form to obtain the information necessary to
conduct a criminal records check from any person for whom a criminal records check is to be
conducted under this section. The form that the superintendent prescribes pursuant to this division
may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
  (2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint
impressions of any person for whom a criminal records check is to be conducted under this section.
Any person for whom a records check is to be conducted under this section shall obtain the
fingerprint impressions at a county sheriff's office, municipal police department, or any other entity
with the ability to make fingerprint impressions on the standard impression sheets prescribed by the
superintendent. The office, department, or entity may charge the person a reasonable fee for making
the impressions. The standard impression sheets the superintendent prescribes pursuant to this
division may be in a tangible format, in an electronic format, or in both tangible and electronic
formats.
  (3) Subject to division (D) of this section, the superintendent shall prescribe and charge a
reasonable fee for providing a criminal records check under this section. The person requesting the
criminal records check shall pay the fee prescribed pursuant to this division. In the case of a request
under section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or
5164.34 of the Revised Code, the fee shall be paid in the manner specified in that section.
  (4) The superintendent of the bureau of criminal identification and investigation may
prescribe methods of forwarding fingerprint impressions and information necessary to conduct a
criminal records check, which methods shall include, but not be limited to, an electronic method.
  (D) The results of a criminal records check conducted under this section, other than a
criminal records check specified in division (A)(7) of this section, are valid for the person who is the
subject of the criminal records check for a period of one year from the date upon which the
superintendent completes the criminal records check. If during that period the superintendent
receives another request for a criminal records check to be conducted under this section for that
person, the superintendent shall provide the results from the previous criminal records check of the
person at a lower fee than the fee prescribed for the initial criminal records check.
  (E) When the superintendent receives a request for information from a registered private
provider, the superintendent shall proceed as if the request was received from a school district board
of education under section 3319.39 of the Revised Code. The superintendent shall apply division (A)
(1)(c) of this section to any such request for an applicant who is a teacher.
  (F)(1) Subject to division (F)(2) of this section, all information regarding the results of a
criminal records check conducted under this section that the superintendent reports or sends under
division (A)(7) or (9) of this section to the director of public safety, the treasurer of state, or the
Am. Sub. S. B. No. 56  136th G.A.
  16
person, board, or entity that made the request for the criminal records check shall relate to the
conviction of the subject person, or the subject person's plea of guilty to, a criminal offense.
        (2) Division (F)(1) of this section does not limit, restrict, or preclude the superintendent's
release of information that relates to the arrest of a person who is eighteen years of age or older, to
an adjudication of a child as a delinquent child, or to a criminal conviction of a person under
eighteen years of age in circumstances in which a release of that nature is authorized under division
(E)(2), (3), or (4) of section 109.57 of the Revised Code pursuant to a rule adopted under division
(E)(1) of that section.
        (G) As used in this section:
        (1) "Criminal records check" means any criminal records check conducted by the
superintendent of the bureau of criminal identification and investigation in accordance with division
(B) of this section.
        (2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the
Revised Code.
        (3) "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised Code or
a violation of an existing or former law of this state, any other state, or the United States that is
substantially equivalent to section 4511.19 of the Revised Code.
        (4) "Registered private provider" means a nonpublic school or entity registered with the
department of education and workforce under section 3310.41 of the Revised Code to participate in
the autism scholarship program or section 3310.58 of the Revised Code to participate in the Jon
Peterson special needs scholarship program.
        Sec. 121.04. Offices are created within the several departments as follows:
        In the department of commerce:
  Commissioner of securities;
  Superintendent of real estate and professional licensing;
  Superintendent of financial institutions;
  State fire marshal;
  Superintendent of industrial compliance;
  Superintendent of liquor control;
  Superintendent of unclaimed funds;
  Superintendent of marijuana cannabis control.
        In the department of administrative services:
  Equal employment opportunity coordinator.
        In the department of agriculture:
        Chiefs of divisions as follows:
  Administration;
  Animal health;
  Livestock environmental permitting;
Am. Sub. S. B. No. 56  136th G.A.
  17
  Soil and water conservation;
  Dairy;
  Food safety;
  Plant health;
  Markets;
  Meat inspection;
  Consumer protection laboratory;
  Amusement ride safety;
  Enforcement;
  Weights and measures.
  In the department of natural resources:
  Chiefs of divisions as follows:
  Mineral resources management;
  Oil and gas resources management;
  Forestry;
  Natural areas and preserves;
  Wildlife;
  Geological survey;
  Parks and watercraft;
  Water resources;
  Engineering.
  In the department of insurance:
  Deputy superintendent of insurance;
  Assistant superintendent of insurance, technical;
  Assistant superintendent of insurance, administrative;
  Assistant superintendent of insurance, research.
  Sec. 121.08. (A) There is hereby created in the department of commerce the position of
deputy director of administration. This officer shall be appointed by the director of commerce, serve
under the director's direction, supervision, and control, perform the duties the director prescribes,
and hold office during the director's pleasure. The director of commerce may designate an assistant
director of commerce to serve as the deputy director of administration. The deputy director of
administration shall perform the duties prescribed by the director of commerce in supervising the
activities of the division of administration of the department of commerce.
  (B) Except as provided in section 121.07 of the Revised Code, the department of commerce
shall have all powers and perform all duties vested in the deputy director of administration, the state
fire marshal, the superintendent of financial institutions, the superintendent of real estate and
professional licensing, the superintendent of liquor control, the superintendent of industrial
compliance, the superintendent of unclaimed funds, the superintendent of marijuana cannabis
Am. Sub. S. B. No. 56  136th G.A.
  18
control, and the commissioner of securities, and shall have all powers and perform all duties vested
by law in all officers, deputies, and employees of those offices. Except as provided in section 121.07
of the Revised Code, wherever powers are conferred or duties imposed upon any of those officers,
the powers and duties shall be construed as vested in the department of commerce.
  (C)(1) There is hereby created in the department of commerce a division of financial
institutions, which shall have all powers and perform all duties vested by law in the superintendent
of financial institutions. Wherever powers are conferred or duties imposed upon the superintendent
of financial institutions, those powers and duties shall be construed as vested in the division of
financial institutions. The division of financial institutions shall be administered by the
superintendent of financial institutions.
  (2) All provisions of law governing the superintendent of financial institutions shall apply to
and govern the superintendent of financial institutions provided for in this section; all authority
vested by law in the superintendent of financial institutions with respect to the management of the
division of financial institutions shall be construed as vested in the superintendent of financial
institutions created by this section with respect to the division of financial institutions provided for
in this section; and all rights, privileges, and emoluments conferred by law upon the superintendent
of financial institutions shall be construed as conferred upon the superintendent of financial
institutions as head of the division of financial institutions. The director of commerce shall not
transfer from the division of financial institutions any of the functions specified in division (C)(2) of
this section.
  (D) There is hereby created in the department of commerce a division of liquor control,
which shall have all powers and perform all duties vested by law in the superintendent of liquor
control. Wherever powers are conferred or duties are imposed upon the superintendent of liquor
control, those powers and duties shall be construed as vested in the division of liquor control. The
division of liquor control shall be administered by the superintendent of liquor control.
  (E) The director of commerce shall not be interested, directly or indirectly, in any firm or
corporation which is a dealer in securities as defined in sections 1707.01 and 1707.14 of the Revised
Code, or in any firm or corporation licensed under sections 1321.01 to 1321.19 of the Revised Code.
  (F) The director of commerce shall not have any official connection with a savings and loan
association, a savings bank, a bank, a bank holding company, a savings and loan association holding
company, a consumer finance company, or a credit union that is under the supervision of the
division of financial institutions, or a subsidiary of any of the preceding entities, or be interested in
the business thereof.
  (G) There is hereby created in the state treasury the division of administration fund. The
fund shall receive assessments on the operating funds of the department of commerce in accordance
with procedures prescribed by the director of commerce. All operating expenses of the division of
administration shall be paid from the division of administration fund.
  (H) There is hereby created in the department of commerce a division of real estate and
Am. Sub. S. B. No. 56  136th G.A.
  19
professional licensing, which shall be under the control and supervision of the director of commerce.
The division of real estate and professional licensing shall be administered by the superintendent of
real estate and professional licensing. The superintendent of real estate and professional licensing
shall exercise the powers and perform the functions and duties delegated to the superintendent under
Chapters 4735., 4763., 4764., 4767., and 4768. of the Revised Code.
        (I) There is hereby created in the department of commerce a division of industrial
compliance, which shall have all powers and perform all duties vested by law in the superintendent
of industrial compliance. Wherever powers are conferred or duties imposed upon the superintendent
of industrial compliance, those powers and duties shall be construed as vested in the division of
industrial compliance. The division of industrial compliance shall be under the control and
supervision of the director of commerce and be administered by the superintendent of industrial
compliance.
        (J) There is hereby created in the department of commerce a division of unclaimed funds,
which shall have all powers and perform all duties delegated to or vested by law in the
superintendent of unclaimed funds. Wherever powers are conferred or duties imposed upon the
superintendent of unclaimed funds, those powers and duties shall be construed as vested in the
division of unclaimed funds. The division of unclaimed funds shall be under the control and
supervision of the director of commerce and shall be administered by the superintendent of
unclaimed funds. The superintendent of unclaimed funds shall exercise the powers and perform the
functions and duties delegated to the superintendent by the director of commerce under section
121.07 and Chapter 169. of the Revised Code, and as may otherwise be provided by law.
        (K) There is hereby created in the department of commerce a division of marijuana cannabis
control, which shall have all powers and perform all duties vested by law in the superintendent of
marijuana cannabis control. Wherever powers are conferred or duties are imposed upon the
superintendent of marijuana cannabis control, those powers and duties shall be construed as vested
in the division of marijuana cannabis control. The division of marijuana cannabis control shall be
under the control and supervision of the director of commerce and be administered by the
superintendent of marijuana cannabis control.
        (L) The department of commerce or a division of the department created by the Revised
Code that is acting with authorization on the department's behalf may request from the bureau of
criminal identification and investigation pursuant to section 109.572 of the Revised Code, or
coordinate with appropriate federal, state, and local government agencies to accomplish, criminal
records checks for the persons whose identities are required to be disclosed by an applicant for the
issuance or transfer of a permit, license, certificate of registration, or certification issued or
transferred by the department or division. At or before the time of making a request for a criminal
records check, the department or division may require any person whose identity is required to be
disclosed by an applicant for the issuance or transfer of such a license, permit, certificate of
registration, or certification to submit to the department or division valid fingerprint impressions in a
Am. Sub. S. B. No. 56  136th G.A.
  20
format and by any media or means acceptable to the bureau of criminal identification and
investigation and, when applicable, the federal bureau of investigation. The department or division
may cause the bureau of criminal identification and investigation to conduct a criminal records
check through the federal bureau of investigation only if the person for whom the criminal records
check would be conducted resides or works outside of this state or has resided or worked outside of
this state during the preceding five years, or if a criminal records check conducted by the bureau of
criminal identification and investigation within this state indicates that the person may have a
criminal record outside of this state.
  In the case of a criminal records check under section 109.572 of the Revised Code, the
department or division shall forward to the bureau of criminal identification and investigation the
requisite form, fingerprint impressions, and fee described in division (C) of that section. When
requested by the department or division in accordance with this section, the bureau of criminal
identification and investigation shall request from the federal bureau of investigation any
information it has with respect to the person who is the subject of the requested criminal records
check and shall forward the requisite fingerprint impressions and information to the federal bureau
of investigation for that criminal records check. After conducting a criminal records check or
receiving the results of a criminal records check from the federal bureau of investigation, the bureau
of criminal identification and investigation shall provide the results to the department or division.
  The department or division may require any person about whom a criminal records check is
requested to pay to the department or division the amount necessary to cover the fee charged to the
department or division by the bureau of criminal identification and investigation under division (C)
(3) of section 109.572 of the Revised Code, including, when applicable, any fee for a criminal
records check conducted by the federal bureau of investigation.
  (M) The director of commerce, or the director's designee, may adopt rules to enhance
compliance with statutes pertaining to, and rules adopted by, divisions under the direction,
supervision, and control of the department or director by offering incentive-based programs that
ensure safety and soundness while promoting growth and prosperity in the state.
  Sec. 131.02. (A) Except as otherwise provided in section 4123.37, section 5703.061, and
division (K) of section 4123.511 of the Revised Code, whenever any amount is payable to the state,
the officer, employee, or agent responsible for administering the law under which the amount is
payable shall immediately proceed to collect the amount or cause the amount to be collected and
shall pay the amount into the state treasury or into the appropriate custodial fund in the manner set
forth pursuant to section 113.08 of the Revised Code. Except as otherwise provided in this division,
if the amount is not paid within forty-five days after payment is due, the officer, employee, or agent
shall certify the amount due to the attorney general, in the form and manner prescribed by the
attorney general. In the case of an amount payable by a student enrolled in a state institution of
higher education, the amount shall be certified within the later of forty-five days after the amount is
due or the tenth day after the beginning of the next academic semester, quarter, or other session
Am. Sub. S. B. No. 56  136th G.A.
  21
following the session for which the payment is payable. The attorney general may assess the
collection cost to the amount certified in such manner and amount as prescribed by the attorney
general. If an amount payable to a political subdivision is past due, the political subdivision may,
with the approval of the attorney general, certify the amount to the attorney general pursuant to this
section.
  For the purposes of this section, the attorney general and the officer, employee, or agent
responsible for administering the law under which the amount is payable shall agree on the time a
payment is due, and that agreed upon time shall be one of the following times:
  (1) If a law, including an administrative rule, of this state prescribes the time a payment is
required to be made or reported, when the payment is required by that law to be paid or reported.
  (2) If the payment is for services rendered, when the rendering of the services is completed.
  (3) If the payment is reimbursement for a loss, when the loss is incurred.
  (4) In the case of a fine or penalty for which a law or administrative rule does not prescribe a
time for payment, when the fine or penalty is first assessed.
  (5) If the payment arises from a legal finding, judgment, or adjudication order, when the
finding, judgment, or order is rendered or issued.
  (6) If the payment arises from an overpayment of money by the state to another person,
when the overpayment is discovered.
  (7) The date on which the amount for which an individual is personally liable under section
5735.35, section 5739.33, or division (G) of section 5747.07 of the Revised Code is determined.
  (8) Upon proof of claim being filed in a bankruptcy case.
  (9) Any other appropriate time determined by the attorney general and the officer, employee,
or agent responsible for administering the law under which the amount is payable on the basis of
statutory requirements or ordinary business processes of the agency, institution, or political
subdivision to which the payment is owed.
  (B)(1) The attorney general shall give immediate notice by mail or otherwise to the party
indebted of the nature and amount of the indebtedness.
  (2) If the amount payable to this state arises from a tax levied under Chapter 3796., 5733.,
5739., 5741., 5747., or 5751. of the Revised Code, the notice also shall specify all of the following:
  (a) The assessment or case number;
  (b) The tax pursuant to which the assessment is made;
  (c) The reason for the liability, including, if applicable, that a penalty or interest is due;
  (d) An explanation of how and when interest will be added to the amount assessed;
  (e) That the attorney general and tax commissioner, acting together, have the authority, but
are not required, to compromise the claim and accept payment over a reasonable time, if such
actions are in the best interest of the state.
  (C) The attorney general shall collect the claim or secure a judgment and issue an execution
for its collection.
Am. Sub. S. B. No. 56  136th G.A.
  22
  (D) Each claim shall bear interest, from the day on which the claim became due, at the rate
per annum required by section 5703.47 of the Revised Code.
  (E) The attorney general and the chief officer of the agency reporting a claim, acting
together, may do any of the following if such action is in the best interests of the state:
  (1) Compromise the claim;
  (2) Extend for a reasonable period the time for payment of the claim by agreeing to accept
monthly or other periodic payments. The agreement may require security for payment of the claim.
  (3) Add fees to recover the cost of processing checks or other draft instruments returned for
insufficient funds and the cost of providing electronic payment options.
  (F)(1) Except as provided in division (F)(2) of this section, if the attorney general finds, after
investigation, that any claim due and owing to the state is uncollectible, the attorney general, with
the consent of the chief officer of the agency reporting the claim, may do the following:
  (a) Sell, convey, or otherwise transfer the claim to one or more private entities for collection;
  (b) Cancel the claim or cause it to be canceled.
  (2) The attorney general shall cancel or cause to be canceled an unsatisfied claim on the date
that is forty years after the date the claim is certified, unless the attorney general has adopted a rule
under division (F)(5) of this section shortening this time frame with respect to a subset of claims.
  (3) No initial action shall be commenced to collect any tax payable to the state that is
administered by the tax commissioner, whether or not such tax is subject to division (B) of this
section, or any penalty, interest, or additional charge on such tax, after the expiration of the period
ending on the later of the dates specified in divisions (F)(3)(a) and (b) of this section, provided that
such period shall be extended by the period of any stay to such collection or by any other period to
which the parties mutually agree. If the initial action in aid of execution is commenced before the
later of the dates specified in divisions (F)(3)(a) and (b) of this section, any and all subsequent
actions may be pursued in aid of execution of judgment for as long as the debt exists.
  (a) Seven years after the assessment of the tax, penalty, interest, or additional charge is
issued.
  (b) Four years after the assessment of the tax, penalty, interest, or additional charge becomes
final. For the purposes of division (F)(3)(b) of this section, the assessment becomes final at the latest
of the following: upon expiration of the period to petition for reassessment, or if applicable, to
appeal a final determination of the commissioner or decision of the board of tax appeals or a court,
or, if applicable, upon decision of the United States supreme court.
  For the purposes of division (F)(3) of this section, an initial action to collect a tax debt is
commenced at the time when a certified copy of the tax commissioner's entry making an assessment
final has been filed in the office of the clerk of court of common pleas in the county in which the
taxpayer resides or has its principal place of business in this state, or in the office of the clerk of
court of common pleas of Franklin county, as provided in section 5739.13, 5741.14, 5747.13, or
5751.09 of the Revised Code or in any other applicable law requiring such a filing. If an assessment
Am. Sub. S. B. No. 56  136th G.A.
  23
has not been issued and there is no time limitation on the issuance of an assessment under applicable
law, an action to collect a tax debt commences when the action is filed in the courts of this state to
collect the liability.
  (4) If information contained in a claim that is sold, conveyed, or transferred to a private
entity pursuant to this section is confidential pursuant to federal law or a section of the Revised Code
that implements a federal law governing confidentiality, such information remains subject to that
law during and following the sale, conveyance, or transfer.
  (5) The attorney general may adopt rules to aid in the implementation of this section.
  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.
  (B) A township zoning resolution, or an amendment to such resolution, may in any platted
subdivision approved under section 711.05, 711.09, or 711.10 of the Revised Code, or in any area
consisting of fifteen or more lots approved under section 711.131 of the Revised Code that are
contiguous to one another, or some of which are contiguous to one another and adjacent to one side
of a dedicated public road, and the balance of which are contiguous to one another and adjacent to
the opposite side of the same dedicated public road regulate:
  (1) Agriculture on lots of one acre or less;
  (2) Buildings or structures incident to the use of land for agricultural purposes on lots greater
than one acre but not greater than five acres by: set back building lines; height; and size;
  (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 township zoning commission, board of
township trustees, or board of zoning appeals to regulate agriculture, buildings or structures, and
dairying and animal and poultry husbandry on lots greater than five acres.
  (C) Such sections confer no power on any township zoning commission, board of township
trustees, or board of zoning appeals to prohibit in a district zoned for agricultural, industrial,
residential, or commercial uses, the use of any land for:
Am. Sub. S. B. No. 56  136th G.A.
  24
  (1) A farm market where fifty per cent or more of the gross income received from the market
is derived from produce raised on farms owned or operated by the market operator in a normal crop
year. However, a board of township trustees, as provided in section 519.02 of the Revised Code,
may regulate such factors pertaining to farm markets as size of the structure, size of parking areas
that may be required, set back building lines, and egress or ingress, where such regulation is
necessary to protect the public health and safety.
  (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 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 and if the facility that produces the biologically
derived methane gas does not produce more than seventeen million sixty thousand seven hundred
ten British thermal units, five megawatts, or both.
  (4) Agritourism. However, a board of township trustees, as provided in section 519.02 of the
Revised Code, may regulate such factors pertaining to agritourism, except farm markets as described
in division (C)(1) of this section, as size of a structure used primarily for agritourism, size of parking
areas that may be required, setback building lines for structures used primarily for agritourism, and
egress or ingress where such regulation is necessary to protect public health and safety.
  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 require any parking area to be improved in
any manner, including requirements governing drainage, parking area base, parking area paving, or
any other improvement.
  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 commission, board of township
trustees, or board of zoning appeals from regulating the location of medical marijuana cultivators,
processors, or retail dispensaries or from prohibiting such cultivators, processors, or dispensaries
from being located in the unincorporated territory of the township.
  (D)(1) (E)(1) As used in division (C)(3) of this section, "biologically derived methane gas"
has the same meaning as in section 5713.30 of the Revised Code.
  (2) As used in division (C)(4) of this section, "agritourism" has the same meaning as in
section 901.80 of the Revised Code.
Am. Sub. S. B. No. 56  136th G.A.
  25
        Sec. 715.013. (A) Except as otherwise expressly authorized by the Revised Code, no
municipal corporation shall levy a tax that is the same as or similar to a tax levied under Chapter
322., 3734., 3769., 3796., 4123., 4141., 4301., 4303., 4305., 4307., 4309., 5707., 5725., 5726.,
5727., 5728., 5729., 5731., 5735., 5736., 5737., 5739., 5741., 5743., 5747., 5749., or 5751. of the
Revised Code.
        (B) No municipal corporation may impose any tax, fee, assessment, or other charge on
auxiliary containers, on the sale, use, or consumption of such containers, or on the basis of receipts
received from the sale of such containers. As used in this division, "auxiliary container" has the
same meaning as in section 3767.32 of the Revised Code.
        (C) This section does not prohibit a municipal corporation from levying an income tax or
withholding tax in accordance with Chapter 718. of the Revised Code, or a tax on any of the
following:
        (1) Amounts received for admission to any place;
        (2) The income of an electric company or combined company, as defined in section 5727.01
of the Revised Code;
        (3) On and after January 1, 2004, the income of a telephone company, as defined in section
5727.01 of the Revised Code.
        Sec. 928.01. As used in this chapter:
        (A) "Container" means the innermost wrapping, packaging, or vessel in direct contact with a
final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is
enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge.
"Container" does not include bulk shipping containers or outer wrappings that are not essential for
the final retail delivery or sale to an end consumer for personal or household use.
        (B) "Cultivate" or "cultivating" means to plant, water, grow, fertilize, till, or harvest a plant
or crop. "Cultivating" includes possessing or storing a plant or crop on a premises where the plant or
crop was cultivated until transported to the first point of sale.
        (C) "Hemp" means the plant Cannabis sativa L. and any part of that plant, including the
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
whether growing or not, with a total tetrahydrocannabinols concentration, including
tetrahydrocannabinolic acid, of not more than three-tenths per cent on a dry weight basis. "Hemp"
includes industrial hemp. "Hemp" does not include any of the following:
        (1) Any viable seeds from a Cannabis sativa L. plant that exceeds a total
tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of three-tenths per cent
in the plant on a dry weight basis;
        (2) Any intermediate hemp-derived cannabinoid product containing any of the following:
        (a) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L.
plant;
        (b) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant
Am. Sub. S. B. No. 56  136th G.A.
  26
and were synthesized or manufactured outside the plant;
  (c) More than three-tenths per cent combined total of total tetrahydrocannabinols, including
tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects or are marketed to
have similar effects on humans or animals as a tetrahydrocannabinol as established by the
superintendent of cannabis control in lists adopted under section 928.031 of the Revised Code.
  (3) Any intermediate hemp-derived cannabinoid product that is marketed or sold as a final
product or directly to an end consumer for personal or household use;
  (4) Any final hemp-derived cannabinoid product containing any of the following:
  (a) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L.
plant;
  (b) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant
and were synthesized or manufactured outside the plant;
  (c) Greater than four-tenths of a milligram combined total per container of total
tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other cannabinoids that have
similar effects, or are marketed to have similar effects, on humans or animals as a
tetrahydrocannabinol as established by the superintendent of cannabis control in lists adopted under
section 928.031 of the Revised Code.
  (D) "Hemp cultivation license" means a license to cultivate hemp issued under section
928.02 of the Revised Code.
  (E) "Hemp-derived cannabinoid product" means any intermediate or final product derived
from hemp, other than industrial hemp, that contains cannabinoids in any form and is intended for
human or animal use through any means of application or administration, such as inhalation,
ingestion, or topical application. "Hemp-derived cannabinoid product" does not include a drug that
is the subject of an application approved under subsection (c) or (j) of 21 U.S.C. 355.
  (F) "Hemp processing license" means a license to process hemp issued under section 928.02
of the Revised Code.
  (G) "Industrial hemp" means hemp to which any of the following apply:
  (1) It is grown for the use of the stalk of the plant, fiber produced from such a stalk, or any
other non-cannabinoid derivative, mixture, preparation, or manufacture of such a stalk;
  (2) It is grown for the use of the whole grain, oil, cake, nut, hull, or any other non-
cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant;
  (3) It is grown for purposes of producing microgreens or other edible hemp leaf products
intended for human consumption that are derived from an immature hemp plant that is grown from
seeds that do not exceed the threshold for total tetrahydrocannabinols concentration specified in
division (C)(1) of this section;
  (4) It is a plant that does not enter the stream of commerce and is intended to support hemp
research at a university or an independent research institute as the term "independent research
institute" is defined by the director under section 928.031 of the Revised Code;
Am. Sub. S. B. No. 56  136th G.A.
  27
  (5) It is grown for the use of a viable seed of the plant produced solely for the production or
manufacture of any material described in division (H)(1) to (4) of this section.
  (H) "Intermediate hemp-derived cannabinoid product" means a hemp-derived cannabinoid
product that is either of the following:
  (1) Not yet in the final form or preparation marketed or intended to be used or consumed by
a human or animal;
  (2) A powder, liquid, tablet, oil, or other product form that is intended or marketed to be
mixed, dissolved, formulated, or otherwise added to or prepared with or into any other substance
prior to administration or consumption.
  (J) "Marihuana" has the same meaning as in section 3719.01 of the Revised Code.
  (I) "Medical marijuana" has the same meaning as in section 3796.01 of the Revised Code.
  (J) "Process" or "processing" means converting hemp into a hemp product.
  (K) "University" means an institution of higher education as defined in section 3345.12 of
the Revised Code and a private nonprofit institution with a certificate of authorization issued
pursuant to Chapter 1713. of the Revised Code.
  (L) "USDA" means the United States department of agriculture.
  Sec. 928.02. (A)(1) The director of agriculture may establish a program to monitor and
regulate hemp cultivation and shall establish a program to monitor and regulate hemp processing in
this state.
  (2) If the director establishes a program to monitor and regulate hemp cultivation in this state
and subsequently intends to transfer authority to the United States department of agriculture to
monitor and regulate hemp cultivation in this state, the director shall take whatever actions necessary
to effectuate such transfer.
  (3) If the director implements a program to monitor and regulate hemp cultivation under
division (A)(1) of this section, the director shall issue hemp cultivation licenses in accordance with
rules adopted under section 928.03 of the Revised Code.
  (4) If the director implements a program to monitor and regulate hemp cultivation under
division (A)(1) of this section and as authorized by the director, the department of agriculture or a
university may cultivate hemp without a hemp cultivation license for research purposes.
  (5) As authorized by the director, the department of agriculture or a university may process
hemp without a hemp processing license for research purposes.
  (B) If the director implements a program to monitor and regulate hemp cultivation under
division (A)(1) of this section and except as authorized under division (A)(4) or (E) of this section,
any person that wishes to cultivate hemp shall apply for and obtain a hemp cultivation license from
the director in accordance with rules adopted under section 928.03 of the Revised Code. Except as
authorized under division (A)(5) or (E) of this section, any person that wishes to process hemp shall
apply for and obtain a hemp processing license from the director in accordance with those rules.
Such licenses are valid for three years unless earlier suspended or revoked by the director.
Am. Sub. S. B. No. 56  136th G.A.
  28
  (C) The department, a university, or any person may, without a hemp cultivation license or
hemp processing license, possess, buy, or sell hemp or a product made with hemp product.
  (D) Notwithstanding any other provision of the Revised Code to the contrary, the addition of
hemp or a product made with hemp product to any other product does not adulterate that other
product.
  (E) If the director implements a program to monitor and regulate hemp cultivation under
division (A)(1) of this section, the director shall issue a hemp cultivation license in accordance with
Chapter 4796. of the Revised Code to an individual if either of the following applies:
  (1) The individual holds the applicable license in another state.
  (2) The individual has satisfactory work experience, a government certification, or a private
certification as described in that chapter as a hemp cultivator in a state that does not issue the
applicable license.
  (F) The director shall issue a hemp processing license in accordance with Chapter 4796. of
the Revised Code to an individual if either of the following applies:
  (1) The individual holds the applicable license in another state.
  (2) The individual has satisfactory work experience, a government certification, or a private
certification as described in that chapter as a hemp processor in a state that does not issue the
applicable license.
  Sec. 928.03. The director of agriculture, in consultation with the governor and attorney
general, shall adopt rules in accordance with Chapter 119. of the Revised Code establishing
standards and procedures for the regulation of hemp processing. The director also shall adopt such
rules, in consultation with the governor and attorney general, regarding hemp cultivation if the
director implements a program to monitor and regulate hemp cultivation under division (A)(1) of
section 928.02 of the Revised Code. The rules shall include all of the following:
  (A) The form of an application for a hemp cultivation license and hemp processing license
and the information required to be included in each license application;
  (B) The amount of an initial application fee that an applicant shall submit along with an
application for a hemp cultivation license or a hemp processing license, and the amount of an annual
license fee that a licensee shall submit for a hemp cultivation license or a hemp processing license.
In adopting rules under division (B) of this section, the director shall ensure both of the following:
  (1) That the amount of the application fee and annual license fee does not exceed an amount
sufficient to cover the costs incurred by the department of agriculture to administer and enforce this
chapter;
  (2) That there is one uniform application fee and one uniform annual license fee that applies
to all applicants for a hemp cultivation license.
  (C) Requirements and procedures concerning background investigations of each applicant
for a hemp cultivation license and each applicant for a hemp processing license. The director shall
include both of the following in the rules adopted under this division:
Am. Sub. S. B. No. 56  136th G.A.
  29
  (1) A requirement that each applicant comply with sections 4776.01 to 4776.04 of the
Revised Code;
  (2) Provisions that prohibit the director from issuing a hemp cultivation license or hemp
processing license to an applicant that has not complied with those sections.
  (D) Requirements regarding the experience, equipment, facilities, or land necessary to obtain
a hemp cultivation license;
  (E) Requirements and procedures regarding standards of financial responsibility for each
applicant for a hemp processing license.
  (F) Procedures and requirements for the issuance, renewal, denial, suspension, and
revocation of a hemp cultivation license and hemp processing license, including providing for a
hearing under Chapter 119. of the Revised Code with regard to such a denial, suspension, or
revocation;
  (G) Grounds for the denial, suspension, and revocation of a hemp cultivation license and of a
hemp processing license, including a requirement that the director revoke a hemp cultivation license
or hemp processing license, for a period of ten years, of any person who pleads guilty to or is
convicted of a felony relating to a controlled substance;
  (H) A requirement that the director shall not issue a hemp cultivation license or hemp
processing license to any person who has pleaded guilty to or been convicted of a felony relating to a
controlled substance in the ten years immediately prior to the submission of the application for a
license;
  (I) A requirement that any person that materially falsifies information in an application for a
hemp cultivation license or hemp processing license is ineligible to receive either license;
  (J) A practice for maintaining relevant information regarding land on which hemp is
cultivated by hemp cultivation licensees, including a legal description of the land, in accordance
with applicable federal law;
  (K) Requirements prohibiting a hemp cultivation licensee and a hemp processing licensee
from cultivating or processing marihuana;
  (L) A procedure for testing, using post-decarboxylation or other similarly reliable methods,
delta-9 tetrahydrocannabinol concentration levels of plants and products for purposes of determining
compliance with this chapter and rules adopted under it;
  (M) Requirements and procedures for the issuance, administration, and enforcement of
corrective action plans issued under this chapter;
  (N) A procedure for conducting annual inspections of, at a minimum, a random sample of
hemp cultivation license holders to verify that plants are not being cultivated in violation of this
chapter or rules adopted under it;
  (O) A procedure for conducting annual inspections of, at a minimum, a random sample of
hemp processing license holders to verify that such license holders are not operating in violation of
this chapter or rules adopted under it;
Am. Sub. S. B. No. 56  136th G.A.
  30
  (P) A procedure for complying with enforcement procedures required under federal law;
  (Q) A procedure for the effective disposal of all of the following:
  (1) Plants, whether growing or not, cultivated in violation of this chapter or rules adopted
under it;
  (2) Products derived from plants cultivated in violation of this chapter or rules adopted under
it;
  (3) Products produced in violation of this chapter or rules adopted under it.
  (R) Requirements and procedures governing the production, storage, and disposal of hemp
byproducts.
  For the purposes of this chapter and notwithstanding any provision of law to the contrary,
"hemp product" includes a byproduct, produced as a result of processing hemp, that contains a delta-
9 tetrahydrocannabinol concentration of more than three-tenths per cent, provided that the byproduct
is produced, stored, and disposed of in accordance with rules adopted under division (R) of this
section.
  (S) Procedures for sharing information regarding hemp cultivation license holders with the
secretary of the USDA;
  (T) A setback distance requirement that specifies the distance that a hemp cultivation license
holder shall locate hemp plants from a location where medical marijuana or adult-use marijuana is
being cultivated. The requirement does not apply to a hemp cultivation license holder with regard to
a medical marijuana cultivator that locates medical marijuana or adult-use marijuana within the
established setback distance requirement after the hemp cultivation license holder begins operation.
  (U) Annual reporting requirements and procedures for hemp cultivation license holders and
hemp processing license holders;
  (V) Recordkeeping and documentation maintenance requirements and procedures for hemp
cultivation license holders and hemp processing license holders;
  (W) Fees for the laboratory testing of plants and products;
  (X) Standards for the testing and , labeling, and packaging of hemp and products made with
hemp products;
  (Y) Requirements prohibiting the processing of hemp in a building used as a personal
residence or on land that is zoned for residential use;
  (Z) Production standards and manufacturing practices for processing hemp;
  (AA) Procedures and requirements for the transportation and storage of both hemp and
products made with hemp products;
  (BB) A definition of "independent research institute" for purposes of section 928.01 of the
Revised Code;
  (CC) Any other requirements or procedures necessary to administer and enforce this chapter.
  Sec. 928.031. (A) The superintendent of cannabis control, in consultation with the director of
agriculture, shall establish the following lists for purposes of section 928.01 of the Revised Code:
Am. Sub. S. B. No. 56  136th G.A.
  31
  (1) Cannabinoids known to be capable of being naturally produced by a Cannabis sativa L.
plant;
  (2) Tetrahydrocannabinol class cannabinoids known to the superintendent to be naturally
occurring in the plant Cannabis sativa L.;
  (3) All other known cannabinoids with similar effects to, or marketed to have similar effects
to, tetrahydrocannabinol class cannabinoids;
  (4) Any additional cannabinoids that have similar effects or are marketed to have similar
effects on humans or animals as a tetrahydrocannabinol.
  (B) The superintendent, in consultation with the director of agriculture, shall establish any
additional information and specificity about the term "container" as defined under section 928.01 of
the Revised Code.
  (C) When congress, or pursuant to the federal hemp laws in 7 U.S.C. 139o, et. seq., the
secretary of the United States department of health and human services, or the United States food
and drug administration, as applicable, adds, changes, or removes anything from any of the lists of
items established in the division (A) of this section, then such addition, change, or removal is
automatically effected in the corresponding list, subject to amendment pursuant to division (D) of
this section and the superintendent shall immediately publish an updated list containing the change.
  (D) The superintendent may add, change, or remove any of the items included in the lists
established in division (A) of this section. In so doing, the superintendent shall review any
determinations made by the federal government in any corresponding changes it has made and
determine whether the changes are in accordance with Ohio law, the current scientific knowledge of
the material at issue, and the risk to the public health.
  (E) Upon initial publication of the lists established in division (A) of this section and upon
any addition, change, or removal in division (C) or (D) of this section, the superintendent, in
consultation with the director, shall adopt a rule under Chapter 119. of the Revised Code, to codify
the list. The rule shall be filed with the joint committee on agency rule review within six months of
the list being adopted or changed.
  Sec. 928.04. (A) Except as authorized under division (A)(4) or (5) of section 928.02 of the
Revised Code, no person shall cultivate hemp without a hemp cultivation license issued by the
director of agriculture under this chapter, if the director implements a program to monitor and
regulate hemp cultivation under division (A)(1) of section 928.02 of the Revised Code, or process
hemp without a hemp processing license issued by the director of agriculture under this chapter.
  (B) No person who holds a hemp cultivation license or hemp processing license issued by
the director under this chapter shall violate this chapter or rules adopted under it.
  (C) No person subject to a corrective action plan issued by the director of agriculture under
section 928.05 of the Revised Code shall fail to comply with the plan.
  (D) No person shall transport hemp or a product made with hemp product in violation of
rules adopted under section 928.03 of the Revised Code.
Am. Sub. S. B. No. 56  136th G.A.
  32
  Sec. 928.08. The department of agriculture, in consultation and in cooperation with the Ohio
investigative unit in the department of public safety, shall enforce this chapter.
  Sec. 2925.01. As used in this chapter:
  (A) "Administer," "controlled substance," "controlled substance analog," "dispense,"
"distribute," "hypodermic," "manufacturer," "official written order," "person," "pharmacist,"
"pharmacy," "sale," "schedule I," "schedule II," "schedule III," "schedule IV," "schedule V," and
"wholesaler" have the same meanings as in section 3719.01 of the Revised Code.
  (B) "Drug of abuse" and "person with a drug dependency" have the same meanings as in
section 3719.011 of the Revised Code.
  (C) "Drug," "dangerous drug," "licensed health professional authorized to prescribe drugs,"
and "prescription" have the same meanings as in section 4729.01 of the Revised Code.
  (D) "Bulk amount" of a controlled substance means any of the following:
  (1) For any compound, mixture, preparation, or substance included in schedule I, schedule
II, or schedule III, with the exception of any controlled substance analog, marihuana, cocaine,
L.S.D., heroin, any fentanyl-related compound, and hashish and except as provided in division (D)
(2), (5), or (6) of this section, whichever of the following is applicable:
  (a) An amount equal to or exceeding ten grams or twenty-five unit doses of a compound,
mixture, preparation, or substance that is or contains any amount of a schedule I opiate or opium
derivative;
  (b) An amount equal to or exceeding ten grams of a compound, mixture, preparation, or
substance that is or contains any amount of raw or gum opium;
  (c) An amount equal to or exceeding thirty grams or ten unit doses of a compound, mixture,
preparation, or substance that is or contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or lysergic acid amide, or a schedule I stimulant or depressant;
  (d) An amount equal to or exceeding twenty grams or five times the maximum daily dose in
the usual dose range specified in a standard pharmaceutical reference manual of a compound,
mixture, preparation, or substance that is or contains any amount of a schedule II opiate or opium
derivative;
  (e) An amount equal to or exceeding five grams or ten unit doses of a compound, mixture,
preparation, or substance that is or contains any amount of phencyclidine;
  (f) An amount equal to or exceeding one hundred twenty grams or thirty times the maximum
daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a
compound, mixture, preparation, or substance that is or contains any amount of a schedule II
stimulant that is in a final dosage form manufactured by a person authorized by the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and the federal drug
abuse control laws, as defined in section 3719.01 of the Revised Code, that is or contains any
amount of a schedule II depressant substance or a schedule II hallucinogenic substance;
  (g) An amount equal to or exceeding three grams of a compound, mixture, preparation, or
Am. Sub. S. B. No. 56  136th G.A.
  33
substance that is or contains any amount of a schedule II stimulant, or any of its salts or isomers, that
is not in a final dosage form manufactured by a person authorized by the Federal Food, Drug, and
Cosmetic Act and the federal drug abuse control laws.
  (2) An amount equal to or exceeding one hundred twenty grams or thirty times the maximum
daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a
compound, mixture, preparation, or substance that is or contains any amount of a schedule III or IV
substance other than an anabolic steroid or a schedule III opiate or opium derivative;
  (3) An amount equal to or exceeding twenty grams or five times the maximum daily dose in
the usual dose range specified in a standard pharmaceutical reference manual of a compound,
mixture, preparation, or substance that is or contains any amount of a schedule III opiate or opium
derivative;
  (4) An amount equal to or exceeding two hundred fifty milliliters or two hundred fifty grams
of a compound, mixture, preparation, or substance that is or contains any amount of a schedule V
substance;
  (5) An amount equal to or exceeding two hundred solid dosage units, sixteen grams, or
sixteen milliliters of a compound, mixture, preparation, or substance that is or contains any amount
of a schedule III anabolic steroid;
  (6) For any compound, mixture, preparation, or substance that is a combination of a
fentanyl-related compound and any other compound, mixture, preparation, or substance included in
schedule III, schedule IV, or schedule V, if the defendant is charged with a violation of section
2925.11 of the Revised Code and the sentencing provisions set forth in divisions (C)(10)(b) and (C)
(11) of that section will not apply regarding the defendant and the violation, the bulk amount of the
controlled substance for purposes of the violation is the amount specified in division (D)(1), (2), (3),
(4), or (5) of this section for the other schedule III, IV, or V controlled substance that is combined
with the fentanyl-related compound.
  (E) "Unit dose" means an amount or unit of a compound, mixture, or preparation containing
a controlled substance that is separately identifiable and in a form that indicates that it is the amount
or unit by which the controlled substance is separately administered to or taken by an individual.
  (F) "Cultivate" includes planting, watering, fertilizing, or tilling.
  (G) "Drug abuse offense" means any of the following:
  (1) A violation of division (A) of section 2913.02 that constitutes theft of drugs, or a
violation of section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code;
  (2) A violation of an existing or former law of this or any other state or of the United States
that is substantially equivalent to any section listed in division (G)(1) of this section;
  (3) An offense under an existing or former law of this or any other state, or of the United
States, of which planting, cultivating, harvesting, processing, making, manufacturing, producing,
shipping, transporting, delivering, acquiring, possessing, storing, distributing, dispensing, selling,
Am. Sub. S. B. No. 56  136th G.A.
  34
inducing another to use, administering to another, using, or otherwise dealing with a controlled
substance is an element;
        (4) A conspiracy to commit, attempt to commit, or complicity in committing or attempting to
commit any offense under division (G)(1), (2), or (3) of this section.
        (H) "Felony drug abuse offense" means any drug abuse offense that would constitute a
felony under the laws of this state, any other state, or the United States.
        (I) "Harmful intoxicant" does not include beer or intoxicating liquor but means any of the
following:
        (1) Any compound, mixture, preparation, or substance the gas, fumes, or vapor of which
when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression,
stupefaction, paralysis, unconsciousness, asphyxiation, or other harmful physiological effects, and
includes, but is not limited to, any of the following:
        (a) Any volatile organic solvent, plastic cement, model cement, fingernail polish remover,
lacquer thinner, cleaning fluid, gasoline, or other preparation containing a volatile organic solvent;
        (b) Any aerosol propellant;
        (c) Any fluorocarbon refrigerant;
        (d) Any anesthetic gas.
        (2) Gamma Butyrolactone;
        (3) 1,4 Butanediol.
        (J) "Manufacture" means to plant, cultivate, harvest, process, make, prepare, or otherwise
engage in any part of the production of a drug, by propagation, extraction, chemical synthesis, or
compounding, or any combination of the same, and includes packaging, repackaging, labeling, and
other activities incident to production.
        (K) "Possess" or "possession" means having control over a thing or substance, but may not
be inferred solely from mere access to the thing or substance through ownership or occupation of the
premises upon which the thing or substance is found.
        (L) "Sample drug" means a drug or pharmaceutical preparation that would be hazardous to
health or safety if used without the supervision of a licensed health professional authorized to
prescribe drugs, or a drug of abuse, and that, at one time, had been placed in a container plainly
marked as a sample by a manufacturer.
        (M) "Standard pharmaceutical reference manual" means the current edition, with cumulative
changes if any, of references that are approved by the state board of pharmacy.
        (N) "Juvenile" means a person under eighteen years of age.
        (O) "Counterfeit controlled substance" means any of the following:
        (1) Any drug that bears, or whose container or label bears, a trademark, trade name, or other
identifying mark used without authorization of the owner of rights to that trademark, trade name, or
identifying mark;
        (2) Any unmarked or unlabeled substance that is represented to be a controlled substance
Am. Sub. S. B. No. 56  136th G.A.
  35
manufactured, processed, packed, or distributed by a person other than the person that manufactured,
processed, packed, or distributed it;
  (3) Any substance that is represented to be a controlled substance but is not a controlled
substance or is a different controlled substance;
  (4) Any substance other than a controlled substance that a reasonable person would believe
to be a controlled substance because of its similarity in shape, size, and color, or its markings,
labeling, packaging, distribution, or the price for which it is sold or offered for sale.
  (P) An offense is "committed in the vicinity of a school" if the offender commits the offense
on school premises, in a school building, or within one thousand feet of the boundaries of any school
premises, regardless of whether the offender knows the offense is being committed on school
premises, in a school building, or within one thousand feet of the boundaries of any school premises.
  (Q) "School" means any school operated by a board of education, any community school
established under Chapter 3314. of the Revised Code, or any nonpublic school for which the director
of education and workforce prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities, or training provided by the school is
being conducted at the time a criminal offense is committed.
  (R) "School premises" means either of the following:
  (1) The parcel of real property on which any school is situated, whether or not any
instruction, extracurricular activities, or training provided by the school is being conducted on the
premises at the time a criminal offense is committed;
  (2) Any other parcel of real property that is owned or leased by a board of education of a
school, the governing authority of a community school established under Chapter 3314. of the
Revised Code, or the governing body of a nonpublic school for which the director of education and
workforce prescribes minimum standards under section 3301.07 of the Revised Code and on which
some of the instruction, extracurricular activities, or training of the school is conducted, whether or
not any instruction, extracurricular activities, or training provided by the school is being conducted
on the parcel of real property at the time a criminal offense is committed.
  (S) "School building" means any building in which any of the instruction, extracurricular
activities, or training provided by a school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is being conducted in the school
building at the time a criminal offense is committed.
  (T) "Disciplinary counsel" means the disciplinary counsel appointed by the board of
commissioners on grievances and discipline of the supreme court under the Rules for the
Government of the Bar of Ohio.
  (U) "Certified grievance committee" means a duly constituted and organized committee of
the Ohio state bar association or of one or more local bar associations of the state of Ohio that
complies with the criteria set forth in Rule V, section 6 of the Rules for the Government of the Bar
of Ohio.
Am. Sub. S. B. No. 56  136th G.A.
  36
  (V) "Professional license" means any license, permit, certificate, registration, qualification,
admission, temporary license, temporary permit, temporary certificate, or temporary registration that
is described in divisions (W)(1) to (37) of this section and that qualifies a person as a professionally
licensed person.
  (W) "Professionally licensed person" means any of the following:
  (1) A person who has received a certificate or temporary certificate as a certified public
accountant or who has registered as a public accountant under Chapter 4701. of the Revised Code
and who holds an Ohio permit issued under that chapter;
  (2) A person who holds a certificate of qualification to practice architecture issued or
renewed and registered under Chapter 4703. of the Revised Code;
  (3) A person who is registered as a landscape architect under Chapter 4703. of the Revised
Code or who holds a permit as a landscape architect issued under that chapter;
  (4) A person licensed under Chapter 4707. of the Revised Code;
  (5) A person who has been issued a barber's license, barber instructor's license, assistant
barber instructor's license, or independent contractor's license under Chapter 4709. of the Revised
Code;
  (6) A person licensed and regulated to engage in the business of a debt pooling company by
a legislative authority, under authority of Chapter 4710. of the Revised Code;
  (7) A person who has been issued a cosmetologist's license, hair designer's license,
manicurist's license, esthetician's license, natural hair stylist's license, advanced license to practice
cosmetology, advanced license to practice hair design, advanced license to practice manicuring,
advanced license to practice esthetics, advanced license to practice natural hair styling, cosmetology
instructor's license, hair design instructor's license, manicurist instructor's license, esthetics
instructor's license, natural hair style instructor's license, independent contractor's license, or tanning
facility permit under Chapter 4713. of the Revised Code;
  (8) A person who has been issued a license to practice dentistry, a general anesthesia permit,
a conscious sedation permit, a limited resident's license, a limited teaching license, a dental
hygienist's license, or a dental hygienist's teacher's certificate under Chapter 4715. of the Revised
Code;
  (9) A person who has been issued an embalmer's license, a funeral director's license, a
funeral home license, or a crematory license, or who has been registered for an embalmer's or
funeral director's apprenticeship under Chapter 4717. of the Revised Code;
  (10) A person who has been licensed as a registered nurse or practical nurse, or who has
been issued a certificate for the practice of nurse-midwifery under Chapter 4723. of the Revised
Code;
  (11) A person who has been licensed to practice optometry or to engage in optical dispensing
under Chapter 4725. of the Revised Code;
  (12) A person licensed to act as a pawnbroker under Chapter 4727. of the Revised Code;
Am. Sub. S. B. No. 56  136th G.A.
  37
        (13) A person licensed to act as a precious metals dealer under Chapter 4728. of the Revised
Code;
        (14) A person licensed under Chapter 4729. of the Revised Code as a pharmacist or
pharmacy intern or registered under that chapter as a registered pharmacy technician, certified
pharmacy technician, or pharmacy technician trainee;
        (15) A person licensed under Chapter 4729. of the Revised Code as a manufacturer of
dangerous drugs, outsourcing facility, third-party logistics provider, repackager of dangerous drugs,
wholesale distributor of dangerous drugs, or terminal distributor of dangerous drugs;
        (16) A person who is authorized to practice as a physician assistant under Chapter 4730. of
the Revised Code;
        (17) A person who has been issued a license to practice medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery under Chapter 4731. of the Revised Code
or has been issued a certificate to practice a limited branch of medicine under that chapter;
        (18) A person licensed as a psychologist, independent school psychologist, or school
psychologist under Chapter 4732. of the Revised Code;
        (19) A person registered to practice the profession of engineering or surveying under
Chapter 4733. of the Revised Code;
        (20) A person who has been issued a license to practice chiropractic under Chapter 4734. of
the Revised Code;
        (21) A person licensed to act as a real estate broker or real estate salesperson under Chapter
4735. of the Revised Code;
        (22) A person registered as a registered environmental health specialist under Chapter 3776.
of the Revised Code;
        (23) A person licensed to operate or maintain a junkyard under Chapter 4737. of the Revised
Code;
        (24) A person who has been issued a motor vehicle salvage dealer's license under Chapter
4738. of the Revised Code;
        (25) A person who has been licensed to act as a steam engineer under Chapter 4739. of the
Revised Code;
        (26) A person who has been issued a license or temporary permit to practice veterinary
medicine or any of its branches, or who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;
        (27) A person who has been issued a hearing aid dealer's or fitter's license or trainee permit
under Chapter 4747. of the Revised Code;
        (28) A person who has been issued a class A, class B, or class C license or who has been
registered as an investigator or security guard employee under Chapter 4749. of the Revised Code;
        (29) A person licensed to practice as a nursing home administrator under Chapter 4751. of
the Revised Code;
Am. Sub. S. B. No. 56  136th G.A.
  38
  (30) A person licensed to practice as a speech-language pathologist or audiologist under
Chapter 4753. of the Revised Code;
  (31) A person issued a license as an occupational therapist or physical therapist under
Chapter 4755. of the Revised Code;
  (32) A person who is licensed as a licensed professional clinical counselor, licensed
professional counselor, social worker, independent social worker, independent marriage and family
therapist, or marriage and family therapist, or registered as a social work assistant under Chapter
4757. of the Revised Code;
  (33) A person issued a license to practice dietetics under Chapter 4759. of the Revised Code;
  (34) A person who has been issued a license or limited permit to practice respiratory therapy
under Chapter 4761. of the Revised Code;
  (35) A person who has been issued a real estate appraiser certificate under Chapter 4763. of
the Revised Code;
  (36) A person who has been issued a home inspector license under Chapter 4764. of the
Revised Code;
  (37) A person who has been admitted to the bar by order of the supreme court in compliance
with its prescribed and published rules;
  (38) A person who has been issued a license to practice as a certified mental health assistant
under Chapter 4772. of the Revised Code.
  (X) "Cocaine" means any of the following:
  (1) A cocaine salt, isomer, or derivative, a salt of a cocaine isomer or derivative, or the base
form of cocaine;
  (2) Coca leaves or a salt, compound, derivative, or preparation of coca leaves, including
ecgonine, a salt, isomer, or derivative of ecgonine, or a salt of an isomer or derivative of ecgonine;
  (3) A salt, compound, derivative, or preparation of a substance identified in division (X)(1)
or (2) of this section that is chemically equivalent to or identical with any of those substances, except
that the substances shall not include decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.
  (Y) "L.S.D." means lysergic acid diethylamide.
  (Z) "Hashish" means a resin or a preparation of a resin to which both of the following apply:
  (1) It is contained in or derived from any part of the plant of the genus cannabis, whether in
solid form or in a liquid concentrate, liquid extract, or liquid distillate form.
  (2) It has a delta-9 tetrahydrocannabinol concentration of more than three-tenths per cent.
  "Hashish" does not include a hemp byproduct in the possession of a licensed hemp processor
under Chapter 928. of the Revised Code, provided that the hemp byproduct is being produced,
stored, and disposed of in accordance with rules adopted under section 928.03 of the Revised Code.
  (AA) "Marihuana" has the same meaning as in section 3719.01 of the Revised Code, except
that it does not include hashish.
Am. Sub. S. B. No. 56  136th G.A.
  39
  (BB) An offense is "committed in the vicinity of a juvenile" if the offender commits the
offense within one hundred feet of a juvenile or within the view of a juvenile, regardless of whether
the offender knows the age of the juvenile, whether the offender knows the offense is being
committed within one hundred feet of or within view of the juvenile, or whether the juvenile actually
views the commission of the offense.
  (CC) "Presumption for a prison term" or "presumption that a prison term shall be imposed"
means a presumption, as described in division (D) of section 2929.13 of the Revised Code, that a
prison term is a necessary sanction for a felony in order to comply with the purposes and principles
of sentencing under section 2929.11 of the Revised Code.
  (DD) "Major drug offender" has the same meaning as in section 2929.01 of the Revised
Code.
  (EE) "Minor drug possession offense" means either of the following:
  (1) A violation of section 2925.11 of the Revised Code as it existed prior to July 1, 1996;
  (2) A violation of section 2925.11 of the Revised Code as it exists on and after July 1, 1996,
that is a misdemeanor or a felony of the fifth degree.
  (FF) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised
Code.
  (GG) "Adulterate" means to cause a drug to be adulterated as described in section 3715.63 of
the Revised Code.
  (HH) "Public premises" means any hotel, restaurant, tavern, store, arena, hall, or other place
of public accommodation, business, amusement, or resort.
  (II) "Methamphetamine" means methamphetamine, any salt, isomer, or salt of an isomer of
methamphetamine, or any compound, mixture, preparation, or substance containing
methamphetamine or any salt, isomer, or salt of an isomer of methamphetamine.
  (JJ) "Deception" has the same meaning as in section 2913.01 of the Revised Code.
  (KK) "Fentanyl-related compound" means any of the following:
  (1) Fentanyl;
  (2)  Alpha-methylfentanyl  (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-
piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
  (3)     Alpha-methylthiofentanyl       (N-[1-methyl-2-(2-thienyl)ethyl-4-       piperidinyl]-N-
phenylpropanamide);
  (4)       Beta-hydroxyfentanyl  (N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]  -N-
phenylpropanamide);
  (5) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2- phenethyl)-3-methyl-4-
piperidinyl]-N- phenylpropanamide);
  (6) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);
  (7)      3-methylthiofentanyl       (N-[3-methyl-1-[2-(thienyl)ethyl]-4-        piperidinyl]-N-
phenylpropanamide);
Am. Sub. S. B. No. 56  136th G.A.
  40
  (8) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- piperidinyl]propanamide;
  (9) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide;
  (10) Alfentanil;
  (11) Carfentanil;
  (12) Remifentanil;
  (13) Sufentanil;
  (14)     Acetyl-alpha-methylfentanyl        (N-[1-(1-methyl-2-phenethyl)-4-      piperidinyl]-N-
phenylacetamide); and
  (15) Any compound that meets all of the following fentanyl pharmacophore requirements to
bind at the mu receptor, as identified by a report from an established forensic laboratory, including
acetylfentanyl, furanylfentanyl, valerylfentanyl, butyrylfentanyl, isobutyrylfentanyl, 4-
methoxybutyrylfentanyl, para-fluorobutyrylfentanyl, acrylfentanyl, and ortho-fluorofentanyl:
  (a) A chemical scaffold consisting of both of the following:
  (i) A five, six, or seven member ring structure containing a nitrogen, whether or not further
substituted;
  (ii) An attached nitrogen to the ring, whether or not that nitrogen is enclosed in a ring
structure, including an attached aromatic ring or other lipophilic group to that nitrogen.
  (b) A polar functional group attached to the chemical scaffold, including but not limited to a
hydroxyl, ketone, amide, or ester;
  (c) An alkyl or aryl substitution off the ring nitrogen of the chemical scaffold; and
  (d) The compound has not been approved for medical use by the United States food and drug
administration.
  (LL) "First degree felony mandatory prison term" means one of the definite prison terms
prescribed in division (A)(1)(b) of section 2929.14 of the Revised Code for a felony of the first
degree, except that if the violation for which sentence is being imposed is committed on or after
March 22, 2019, it means one of the minimum prison terms prescribed in division (A)(1)(a) of that
section for a felony of the first degree.
  (MM) "Second degree felony mandatory prison term" means one of the definite prison terms
prescribed in division (A)(2)(b) of section 2929.14 of the Revised Code for a felony of the second
degree, except that if the violation for which sentence is being imposed is committed on or after
March 22, 2019, it means one of the minimum prison terms prescribed in division (A)(2)(a) of that
section for a felony of the second degree.
  (NN) "Maximum first degree felony mandatory prison term" means the maximum definite
prison term prescribed in division (A)(1)(b) of section 2929.14 of the Revised Code for a felony of
the first degree, except that if the violation for which sentence is being imposed is committed on or
after March 22, 2019, it means the longest minimum prison term prescribed in division (A)(1)(a) of
that section for a felony of the first degree.
  (OO) "Maximum second degree felony mandatory prison term" means the maximum
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definite prison term prescribed in division (A)(2)(b) of section 2929.14 of the Revised Code for a
felony of the second degree, except that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means the longest minimum prison term prescribed in
division (A)(2)(a) of that section for a felony of the second degree.
  (PP) "Delta-9 tetrahydrocannabinol" has the same meaning as in section 928.01 of the
Revised Codemeans the sum of the percentage by weight of tetrahydrocannabinolic acid multiplied
by 0.877 plus the percentage by weight of delta-9 tetrahydrocannabinol.
  (QQ) An offense is "committed in the vicinity of a substance addiction services provider or a
recovering addict" if either of the following apply:
  (1) The offender commits the offense on the premises of a substance addiction services
provider's facility, including a facility licensed prior to June 29, 2019, under section 5119.391 of the
Revised Code to provide methadone treatment or an opioid treatment program licensed on or after
that date under section 5119.37 of the Revised Code, or within five hundred feet of the premises of a
substance addiction services provider's facility and the offender knows or should know that the
offense is being committed within the vicinity of the substance addiction services provider's facility.
  (2) The offender sells, offers to sell, delivers, or distributes the controlled substance or
controlled substance analog to a person who is receiving treatment at the time of the commission of
the offense, or received treatment within thirty days prior to the commission of the offense, from a
substance addiction services provider and the offender knows that the person is receiving or received
that treatment.
  (RR) "Substance addiction services provider" means an agency, association, corporation or
other legal entity, individual, or program that provides one or more of the following at a facility:
  (1) Either alcohol addiction services, or drug addiction services, or both such services that
are certified by the director of mental health and addiction services under section 5119.36 of the
Revised Code;
  (2) Recovery supports that are related to either alcohol addiction services, or drug addiction
services, or both such services and paid for with federal, state, or local funds administered by the
department of mental health and addiction services behavioral health or a board of alcohol, drug
addiction, and mental health services.
  (SS) "Premises of a substance addiction services provider's facility" means the parcel of real
property on which any substance addiction service provider's facility is situated.
  (TT) "Alcohol and drug addiction services" has the same meaning as in section 5119.01 of
the Revised Code.
  Sec. 2953.321. (A) As used in this section:
  (1) "Expunge" means to destroy, delete, and erase a record as appropriate for the record's
physical or electronic form or characteristic so that the record is permanently irretrievable.
  (2) "Official records" and "prosecutor" have the same meanings as in section 2953.31 of the
Revised Code.
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  (B) If a person, prior to the effective date of this section, was the defendant named in a
dismissed complaint, indictment, or information for or was convicted of or has pleaded guilty to
either of the following, the person may file an application under this section requesting an
expungement of the record of conviction or official records in the case:
  (1) A violation of division (C)(3)(a) or (C)(7)(a) or (b) of section 2925.11 of the Revised
Code;
  (2) A violation of division (C)(7)(c) or (d) of section 2925.11 of the Revised Code involving
possession of not more than fifteen grams of hashish.
  (C) Any person who is eligible under division (B) of this section to file an application for
expungement may apply to the sentencing court for the expungement of the record of conviction or
expungement of the person's official records in the case. The person may file the application at any
time on or after the effective date of this section. The application shall do all of the following:
  (1) Identify the applicant, the offense for which the expungement is sought, the date of the
conviction of, the plea of guilty to, or the dismissal of charges for that offense, and the court in
which the conviction occurred, the plea of guilty was entered, or the charges were dismissed;
  (2) Include evidence that the offense or charge was a violation of division (C)(3)(a) or (C)(7)
(a) or (b) of section 2925.11 of the Revised Code or a violation of division (C)(7)(c) or (d) of section
2925.11 of the Revised Code involving not more than fifteen grams of hashish and that the
conviction, plea of guilty, or dismissal occurred prior to the effective date of this section;
  (3) Include a request for expungement of the record of conviction or official records of that
offense under this section.
  (D)(1) Upon the filing of an application under division (C) of this section and the payment of
the fee described in division (G) of this section if applicable, the court shall set a date for a hearing
and shall notify the prosecutor for the case of the hearing on the application. The prosecutor may
object to the granting of the application by filing an objection with the court prior to the date set for
the hearing. The prosecutor shall specify in the objection the reasons for believing a denial of the
application is justified. The court shall direct its regular probation officer, a state probation officer,
or the department of probation of the county in which the applicant resides to make inquiries and
written reports as the court requires concerning the applicant. The court shall hold the hearing
scheduled under this division.
  (2) The court shall hold the hearing not less than forty-five days and not more than ninety
days after the date of the filing of the application.
  (E) At the hearing held under division (D) of this section, the court shall do all of the
following:
  (1) Determine whether the applicant has, prior to the effective date of this section, been a
defendant named in a dismissed complaint, indictment, or information for or been convicted of or
pleaded guilty to either of the following:
  (a) A violation of division (C)(3)(a) or (C)(7)(a) or (b) of section 2925.11 of the Revised
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Code;
  (b) A violation of division (C)(7)(c) or (d) of section 2925.11 of the Revised Code involving
possession of not more than fifteen grams of hashish.
  (2) If the prosecutor has filed an objection in accordance with division (D) of this section,
consider the reasons against granting the application specified by the prosecutor in the objection;
  (3) Weigh the interests of the applicant in having the record of conviction or official records
expunged against the legitimate needs, if any, of the government to maintain those records.
  (F) If the court, after complying with division (E) of this section, finds that the applicant has,
prior to the effective date of this section, been named in a dismissed complaint, indictment, or
information for or been convicted of or pleaded guilty to a violation of division (C)(3)(a) or (C)(7)
(a) or (b) of section 2925.11 of the Revised Code or has been convicted of or pleaded guilty to a
violation of division (C)(7)(c) or (d) of section 2925.11 of the Revised Code involving possession of
not more than fifteen grams of hashish and that the interests of the applicant in having the record of
conviction or official records sealed are not substantially outweighed by any legitimate
governmental needs to maintain those records, both of the following apply:
  (1) The court shall order the expungement of all official records pertaining to the case and
the deletion of all index references to the case and, if it does order the expungement, shall send
notice of the order to each public office or agency that the court has reason to believe may have an
official record pertaining to the case if the court, after complying with division (E) of this section,
determines that the applicant, prior to the effective date of this section, had been a defendant named
in a dismissed complaint, indictment, or information for or convicted of or pleaded guilty to a
violation of division (C)(3)(a) or (C)(7)(a) or (b) of section 2925.11 of the Revised Code or had been
convicted of or pleaded guilty to a violation of division (C)(7)(c) or (d) of section 2925.11 of the
Revised Code involving possession of not more than fifteen grams of hashish.
  (2) 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 official records, conviction, or guilty
plea of the person who is the subject of the proceedings shall be expunged. The records 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.
  (G) 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, with half
of that amount credited to the attorney general reimbursement fund created by section 109.11 of the
Revised Code, 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,
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  44
image, or likeness is associated with any of the following:
        (A) Any company that manufactures, markets, or sells, or brand that is associated with, a
controlled substance, marihuana product, medical marijuana product, adult-use marijuana product,
alcoholic product, tobacco product, electronic smoking device, vapor product, or product or device
that consists of or contains nicotine that can be ingested into the body;
        (B) Any medical or adult-use marijuana cultivator, processor, laboratory, or retail dispensary
licensed under Chapter 3796. of the Revised Code or under the laws of another state;
        (C) Any business engaged in the sale, rental, or exhibition for any form of consideration of
adult entertainment that is characterized by an emphasis on the exposure or display of sexual
activity;
        (D) Any casino or entity that sponsors or promotes gambling activities;
        (E) Any other category of companies, brands, or types of contracts that are similar to those
described in divisions (A) to (D) of this section that the institution or college communicates to the
student-athlete before the student-athlete enrolls at the institution or college.
        Sec. 3719.01. As used in this chapter:
        (A) "Administer" means the direct application of a drug, whether by injection, inhalation,
ingestion, or any other means to a person or an animal.
        (B) "Drug enforcement administration" means the drug enforcement administration of the
United States department of justice or its successor agency.
        (C) "Controlled substance" means a drug, compound, mixture, preparation, or substance
included in schedule I, II, III, IV, or V.
        (D) "Dangerous drug" has the same meaning as in section 4729.01 of the Revised Code.
        (E) "Dispense" means to sell, leave with, give away, dispose of, or deliver.
        (F) "Distribute" means to deal in, ship, transport, or deliver but does not include
administering or dispensing a drug.
        (G) "Drug" has the same meaning as in section 4729.01 of the Revised Code.
        (H) "Drug abuse offense" and "felony drug abuse offense" have the same meanings as in
section 2925.01 of the Revised Code.
        (I) "Federal drug abuse control laws" means the "Comprehensive Drug Abuse Prevention
and Control Act of 1970," 84 Stat. 1242, 21 U.S.C. 801, as amended.
        (J) "Hospital" means a facility registered as a hospital with the department of health under
section 3701.07 of the Revised Code.
        (K) "Hypodermic" means a hypodermic syringe or needle, or other instrument or device for
the injection of medication.
        (L) "Manufacturer" means a person who manufactures a controlled substance, as
"manufacture" is defined in section 3715.01 of the Revised Code, and includes a "manufacturer of
dangerous drugs" as defined in section 4729.01 of the Revised Code.
        (M) "Marihuana" means all parts of a plant of the genus cannabis, whether growing or not;
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the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every
compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its
seeds or resin. "Marihuana" does not include the mature stalks of the plant, fiber produced from the
stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature
stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination.
"Marihuana" does not include "hemp" or a "hemp product" as those terms are that term is defined in
section 928.01 of the Revised Code.
        (N) "Narcotic drugs" means coca leaves, opium, isonipecaine, amidone, isoamidone,
ketobemidone, as defined in this division, and every substance not chemically distinguished from
them and every drug, other than cannabis, that may be included in the meaning of "narcotic drug"
under the federal drug abuse control laws. As used in this division:
        (1) "Coca leaves" includes cocaine and any compound, manufacture, salt, derivative,
mixture, or preparation of coca leaves, except derivatives of coca leaves, that does not contain
cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made.
        (2) "Isonipecaine" means any substance identified chemically as 1-methyl-4-phenyl-
piperidine-4-carboxylic acid ethyl ester, or any salt thereof, by whatever trade name designated.
        (3) "Amidone" means any substance identified chemically as 4-4-diphenyl-6-
dimethylamino-heptanone-3, or any salt thereof, by whatever trade name designated.
        (4) "Isoamidone" means any substance identified chemically as 4-4-diphenyl-5-methyl-6-
dimethylaminohexanone-3, or any salt thereof, by whatever trade name designated.
        (5) "Ketobemidone" means any substance identified chemically as 4-(3-hydroxyphenyl)-1-
methyl-4-piperidyl ethyl ketone hydrochloride, or any salt thereof, by whatever trade name
designated.
        (6) "Cocaine" has the same meaning as in section 2925.01 of the Revised Code.
        (O) "Official written order" means an order written on a form provided for that purpose by
the director of the United States drug enforcement administration, under any laws of the United
States making provision for the order, if the order forms are authorized and required by federal law.
        (P) "Person" means any individual, corporation, government, governmental subdivision or
agency, business trust, estate, trust, partnership, association, or other legal entity.
        (Q) "Pharmacist" means a person licensed under Chapter 4729. of the Revised Code to
engage in the practice of pharmacy.
        (R) "Pharmacy" has the same meaning as in section 4729.01 of the Revised Code.
        (S) "Poison" means any drug, chemical, or preparation likely to be deleterious or destructive
to adult human life in quantities of four grams or less.
        (T) "Licensed health professional authorized to prescribe drugs," "prescriber," and
"prescription" have the same meanings as in section 4729.01 of the Revised Code.
        (U) "Sale" includes delivery, barter, exchange, transfer, or gift, or offer thereof, and each
Am. Sub. S. B. No. 56  136th G.A.
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transaction of those natures made by any person, whether as principal, proprietor, agent, servant, or
employee.
        (V) "Schedule I," "schedule II," "schedule III," "schedule IV," and "schedule V" mean
controlled substance schedules I, II, III, IV, and V, respectively, as established by rule adopted under
section 3719.41 of the Revised Code, as amended pursuant to section 3719.43 or 3719.44 of the
Revised Code, or as established by emergency rule adopted under section 3719.45 of the Revised
Code.
        (W) "Wholesaler" means a person who, on official written orders other than prescriptions,
supplies controlled substances that the person has not manufactured, produced, or prepared
personally and includes a "wholesale distributor of dangerous drugs" as defined in section 4729.01
of the Revised Code.
        (X) "Animal shelter" means a facility operated by a humane society or any society organized
under Chapter 1717. of the Revised Code or a dog pound operated pursuant to Chapter 955. of the
Revised Code.
        (Y) "Terminal distributor of dangerous drugs" has the same meaning as in section 4729.01 of
the Revised Code.
        (Z)(1) "Controlled substance analog" means, except as provided in division (Z)(2) of this
section, a substance to which both of the following apply:
        (a) The chemical structure of the substance is substantially similar to the structure of a
controlled substance in schedule I or II.
        (b) One of the following applies regarding the substance:
        (i) The substance has a stimulant, depressant, or hallucinogenic effect on the central nervous
system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic
effect on the central nervous system of a controlled substance in schedule I or II.
        (ii) With respect to a particular person, that person represents or intends the substance to
have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance in schedule I or II.
        (2) "Controlled substance analog" does not include any of the following:
        (a) A controlled substance;
        (b) Any substance for which there is an approved new drug application;
        (c) With respect to a particular person, any substance if an exemption is in effect for
investigational use for that person pursuant to federal law to the extent that conduct with respect to
that substance is pursuant to that exemption;
        (d) Any substance to the extent it is not intended for human consumption before the
exemption described in division (Z)(2)(b) of this section takes effect with respect to that substance.
        (AA) "Benzodiazepine" means a controlled substance that has United States food and drug
administration approved labeling indicating that it is a benzodiazepine, benzodiazepine derivative,
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triazolobenzodiazepine, or triazolobenzodiazepine derivative, including the following drugs and
their varying salt forms or chemical congeners: alprazolam, chlordiazepoxide hydrochloride,
clobazam, clonazepam, clorazepate, diazepam, estazolam, flurazepam hydrochloride, lorazepam,
midazolam, oxazepam, quazepam, temazepam, and triazolam.
  (BB) "Opioid analgesic" means a controlled substance that has analgesic pharmacologic
activity at the opioid receptors of the central nervous system, including the following drugs and their
varying salt forms or chemical congeners: buprenorphine, butorphanol, codeine (including
acetaminophen and other combination products), dihydrocodeine, fentanyl, hydrocodone (including
acetaminophen combination products), hydromorphone, meperidine, methadone, morphine sulfate,
oxycodone (including acetaminophen, aspirin, and other combination products), oxymorphone,
tapentadol, and tramadol.
  (CC) "Outsourcing facility," "repackager of dangerous drugs," and "third-party logistics
provider" have the same meanings as in section 4729.01 of the Revised Code.
  Sec. 3719.41. (A) For purposes of administration, enforcement, and regulation of the
manufacture, distribution, dispensing, and possession of controlled substances, the state board of
pharmacy shall adopt rules in accordance with Chapter 119. of the Revised Code establishing
schedule I, schedule II, schedule III, schedule IV, and schedule V incorporating the five schedules of
controlled substances under the federal drug abuse control laws.
  The board may include in the schedules any compound, mixture, preparation, or substance
that was included in the schedules immediately prior to March 22, 2020, as long as the inclusion
does not have the effect of providing less stringent control of the compound, mixture, preparation, or
substance than is provided under the federal drug abuse control laws or regulations adopted under
those laws.
  (B) Except as provided in section 3719.45 of the Revised Code, the board periodically shall
update the schedules by rule adopted in accordance with Chapter 119. of the Revised Code to
correspond to any change in the federal drug abuse control laws or regulations adopted under those
laws, any addition, transfer, or removal by congress or the attorney general of the United States as
described in section 3719.43 of the Revised Code, and any addition, transfer, or removal by the
board by rule adopted under section 3719.44 of the Revised Code.
  (C) Notwithstanding divisions (A) and (B) of this section, the board shall not adopt rules
including hemp or a hemp product in a schedule as a controlled substance.
  (D) As used in this section, "hemp" and "hemp product" have has the same meanings
meaning as in section 928.01 of the Revised Code.
  Sec. 3779.21. As used in sections 3779.21 to 3779.30 of the Revised Code:
  (A) "AD retailer" means an A-1-A, A-1c, or class D permit holder under Chapter 4303. of
the Revised Code.
  (B) "At retail" means for use or consumption by the ultimate consumer and not for resale.
  (C) "C retailer" means a class C permit holder under Chapter 4303. of the Revised Code.
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        (D) "Delta-9 tetrahydrocannabinol" means the sum of the percentage by weight of
tetrahydrocannabinolic acid multiplied by 0.877 plus the percentage by weight of delta-9
tetrahydrocannabinol.
        (E) "Distributor" means a class B permit holder under Chapter 4303. of the Revised Code, or
the holder of an equivalent permit or other authorization issued by another state, that sells a
drinkable cannabinoid product to an AD or C retailer located in this state. "Distributor" does not
include either of the following:
        (1) A manufacturer;
        (2) A person that is a common carrier and that is used to complete delivery of a drinkable
cannabinoid product to an AD or C retailer.
        (F) "Drinkable cannabinoid product" means a liquid hemp product to which all of the
following apply:
        (1) The product contains cannabinoids.
        (2) The cannabinoids in the product are solely derived from hemp.
        (3) The product is prepackaged and intended to be consumed via ingestion.
        (4) The product does not include a drug as defined in section 4729.01 of the Revised Code.
        (5) The product does not contain more than three-tenths per cent of any
tetrahydrocannabinol.
        (6) The product does not contain more than five milligrams of total tetrahydrocannabinol per
serving.
        (7) The product container does not contain more than one serving.
        (G) "Hemp" means the plant Cannabis sativa L. and any part of that plant, including the
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-
tenths per cent on a dry weight basis.
        (H) "Liquid hemp product" means a liquid product, containing a delta-9
tetrahydrocannabinol concentration of not more than three-tenths per cent, that is made with hemp.
        (I) "Identification card" means a driver's or commercial driver's license, an identification
card issued under sections 4507.50 to 4507.52 of the Revised Code or an equivalent identification
card issued by another state, a military identification card issued by the United States department of
defense, or a United States or foreign passport that displays a picture of the individual for whom the
license, card, or passport is issued and shows that the person buying is then at least twenty-one years
of age.
        (J) "Manufacturer" means a person, whether located in this state or outside of this state, that
manufactures a drinkable cannabinoid product for sale in this state.
        (K) "Ohio investigative unit" means the investigative unit maintained by the department of
public safety under section 5502.13 of the Revised Code.
        (L) "Sale" and "sell" include exchange, barter, gift, offer for sale, sale, distribution and
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delivery of any kind, and the transfer of title or possession of a drinkable cannabinoid product either
by constructive or actual delivery by any means or devices.
  (M) "Serving" means twelve fluid ounces.
  (N) "Tetrahydrocannabinol" means naturally occurring or synthetic equivalents, regardless
of whether artificially or naturally derived, of the substances contained in the plant, or in the
resinous extractives of cannabis, sp. or derivatives, and their isomers with similar chemical structure
to delta-1-cis or trans tetrahydrocannabinol, and their optical isomers, salts and salts of isomers.
"Tetrahydrocannabinol" includes, but is not limited to, delta-8 tetrahydrocannabinol, delta-10
tetrahydrocannabinol,  tetrahydrocannabinol-o        acetate,        tetrahydrocannabiphorol,
tetrahydrocannabivarin, hexahydrocannabinol, delta-6-cis or trans tetrahydrocannabinol, delta-3, 4-
cis or trans tetrahydrocannabinol, 9-hexahydrocannabinol, and delta-9-tetrahydrocannabinol acetate.
Since nomenclature of these substances is not internationally standardized, compounds of these
structures, regardless of designation of atomic positions, are included.
  "Tetrahydrocannabinol" does not include the following:
  (1) Tetrahydrocannabinols approved by the United States food and drug administration for
marketing as a medication or recognized by the United States food and drug administration as
generally recognized as safe.
  (2) Cannabichromene (CBC);
  (3) Cannabicyclol (CBL);
  (4) Cannabidiol (CBD);
  (5) Cannabidivarol (CBDV);
  (6) Cannabielsoin (CBE);
  (7) Cannabigerol (CBG);
  (8) Cannabigerovarin (CBGV);
  (9) Cannabinol (CBN);
  (10) Cannabivarin (CBV).
  Sec. 3779.211. Sections 3779.21 to 3779.30 of the Revised Code are operative
notwithstanding any other provision of the Revised Code to the contrary, including Chapter 928. of
the Revised Code.
  Sec. 3779.22. (A)(1) An AD retailer may sell at retail drinkable cannabinoid products for
consumption on the premises where sold and for consumption off the premises where sold.
  (2) A C retailer may sell at retail drinkable cannabinoid products for consumption off the
premises where sold.
  (B) No person shall do any of the following:
  (1) Sell at retail a drinkable cannabinoid product unless authorized to do so under division
(A) of this section;
  (2) If the person is a manufacturer, sell a drinkable cannabinoid product to any person other
than an AD retailer, C retailer, or distributor;
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  (3) Sell for distribution a drinkable cannabinoid product unless the person is a distributor;
  (4) If the person is a distributor, sell a drinkable cannabinoid product in this state to any
person other than an AD or C retailer;
  (5) Sell at retail a drinkable cannabinoid product to an individual who is under twenty-one
years of age;
  (6) Fail to verify that an individual who attempts to purchase or purchases a drinkable
cannabinoid product at retail is at least twenty-one years of age by examining the individual's
identification card;
  (7) Sell a drinkable cannabinoid product that contains alcohol;
  (8) If the person is a manufacturer or distributor, pay to an AD or C retailer any payment,
credit, or any other consideration to induce the retailer to advertise or display a drinkable
cannabinoid product in a certain manner in the retailer's permitted premises;
  (9) If the person is an AD or C retailer, accept any payment, credit, or any other
consideration to advertise or display a drinkable cannabinoid product in a certain manner at the
retailer's permitted premises;
  (10) If the person is not an AD retailer, allow an individual who purchases a drinkable
cannabinoid product from the retailer to consume the drinkable cannabinoid product on the retailer's
premises;
  (11) If the person is an AD or C retailer, sell a drinkable cannabinoid product at a price less
than the price paid by the retailer to purchase the product from a distributor;
  (12) If the person is an AD or C retailer and the person is purchasing a drinkable
cannabinoid product directly from a manufacturer for subsequent retail sale, sell a drinkable
cannabinoid product at a price less than the price paid by the retailer to purchase the product from
the manufacturer;
  (13) If the person is a distributor or manufacturer, charge a different price to an AD or C
retailer for drinkable cannabinoid products based upon the quantity of drinkable cannabinoid
products sold to the retailer;
  (14) Sell a drinkable cannabinoid product that includes hemp that was not cultivated by one
of the following:
  (a) A hemp cultivator licensed under Chapter 928. of the Revised Code in this state or by the
United States department of agriculture if the director of agriculture takes action under division (A)
(2) of section 928.02 of the Revised Code;
  (b) A hemp cultivator that is licensed in another state by the United States department of
agriculture;
  (c) A hemp cultivator that is licensed in another state by a governing body of that state
whose hemp production plans have been approved by the United State department of agriculture.
  (15) Advertise a drinkable cannabinoid product in a false or misleading manner;
  (16) Advertise a drinkable cannabinoid product in a manner that is targeted or attractive to
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minors;
        (17) Advertise a drinkable cannabinoid product in a manner that promotes illegal activity or
is obscene or indecent;
        (18) Violate any policy adopted under section 3779.24 of the Revised Code.
        Sec. 3779.23. (A) The Ohio investigative unit shall enforce this chapter or cause it to be
enforced. If the unit has information that this chapter has been violated, it may investigate the matter
and take any action as it considers appropriate. The authority of the Ohio investigative unit is
concurrent to the jurisdiction of any law enforcement officer to enforce this chapter. Nothing in this
chapter shall be construed to limit or supersede the authority of any law enforcement officer or
agency.
        (B) Except as provided in division (C) of this section, the superintendent of liquor control
may impose an administrative penalty or take other enforcement actions against a person that
violates sections 3779.21 to 3779.30 of the Revised Code, including any policies adopted under
division (A) of section 3779.24 of the Revised Code. Administrative penalties shall be set forth in
policies adopted under section 3779.24 of the Revised Code.
        (C) The superintendent of cannabis control may impose an administrative penalty or take
other enforcement actions against a person that violates a policy established under division (B) of
section 3779.24 of the Revised Code. Administrative penalties shall be set forth in policies adopted
under section 3779.24 of the Revised Code.
        (D)(1) A person that has an administrative penalty imposed or has other enforcement action
taken against the person under division (B) of this section may appeal the penalty or action to the
liquor control commission in accordance with Chapter 4301. of the Revised Code and rules adopted
under it.
        (2) A person that has an administrative penalty imposed or has other enforcement action
taken against the person under division (C) of this section may appeal the penalty or action in
accordance with the requirements and procedures established in rules adopted under section 3796.03
of the Revised Code for medical marijuana and adult-use marijuana.
        Sec. 3779.24. (A) On the effective date of this section, the superintendent of liquor control
shall establish policies for the administration and enforcement of sections 3779.21 to 3779.30 of the
Revised Code, including policies governing all the following:
        (1) The labeling of drinkable cannabinoid products under section 3779.26 of the Revised
Code;
        (2) The amount of administrative penalties to be imposed by the superintendent under
section 3779.23 of the Revised Code and procedures for imposing such penalties.
        (3) Any other enforcement actions that may be taken by the superintendent under section
3779.23 of the Revised Code.
        (B) On the effective date of this section, the superintendent of cannabis control shall
establish policies for all of the following:
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  (1) The testing of drinkable cannabinoid products under section 3779.25 of the Revised
Code, including policies governing the issuance of a certificate of analysis as required under section
3779.25 of the Revised Code;
  (2) Creation and maintenance of a list of approved tetrahydrocannabinols that may be
included for use in drinkable cannabinoid products;
  (3) The amount of administrative penalties to be imposed by the superintendent under
section 3779.23 of the Revised Code and procedures for imposing such penalties.
  Sec. 3779.25. (A)(1) A manufacturer of a drinkable cannabinoid product shall test the
product in accordance with policies adopted under section 3779.24 of the Revised Code prior to
selling the product or offering the product for sale to a distributor.
  (2) No manufacturer, distributor, AD retailer, or C retailer shall sell or offer to sell a
drinkable cannabinoid product that is not tested in accordance with this section and policies adopted
under section 3779.24 of the Revised Code or that exceeds the maximum allowable level for a
substance or organism specified in those policies.
  (B) A manufacturer shall contract with a testing laboratory to provide the testing required
under this section.
  (C) Notwithstanding Chapter 3796. of the Revised Code and rules adopted under it to the
contrary, a drinkable cannabinoid product that is sold in this state shall be tested in a facility licensed
in accordance with Chapter 3796. of the Revised Code and rules adopted under it or, as approved by
the superintendent of the division of cannabis control, in a facility in another state that meets
requirements that are substantially similar to applicable requirements established under Chapter
3796. of the Revised Code and rules adopted under it. For each test conducted, the facility shall issue
a certificate of analysis that includes the results of the test as required in policies adopted under
section 3779.24 of the Revised Code. The facility shall retain records relating to the certificate of
analysis for one year after the testing is conducted.
  (D) A distributor, AD retailer, or C retailer is not liable for any violations or causes of action
if a drinkable cannabinoid product distributed or sold by the distributor or retailer is not consistent
with testing as represented.
  (E) No manufacturer or testing laboratory shall fail to comply with this section.
  Sec. 3779.26. In accordance with policies established under section 3779.24 of the Revised
Code, a manufacturer shall include a label on each drinkable cannabinoid product container that it
sells or offers for sale in this state that includes the amount of tetrahydrocannabinol, in milligrams,
as identified in the certificate of analysis issued under division (C) of section 3779.25 of the Revised
Code.
  (B) No manufacturer shall fail to comply with this section.
  Sec. 3779.27. (A) As used in this section, "sales area or territory" means an exclusive
geographic area or territory that is assigned to a particular distributor and that either has one or more
political subdivisions as its boundaries or consists of an area of land with readily identifiable
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geographic boundaries.
  (B) Each manufacturer shall assign to each of the manufacturer's distributors a sales area or
territory within which each distributor shall be the distributor of the brand or brands of the
manufacturer, provided that, if the manufacturer manufactures more than one brand of drinkable
cannabinoid product, the manufacturer may assign sales areas or territories to additional distributors
for the distribution and sale of the additional brand or brands, so long as not more than one
distributor distributes the same brand or brands within the same sales area or territory. No distributor
shall distribute a specific brand of drinkable cannabinoid product in any area or territory other than
the area or territory assigned to the distributor.
  Sec. 3779.28. (A) No manufacturer shall aid or assist a distributor, and no manufacturer or
distributor shall aid or assist an AD retailer or C retailer, by gift or loan of any money or property of
any description or other valuable thing, or by giving premiums or rebates. No distributor, AD
retailer, or C retailer shall accept the same.
  (B) No manufacturer shall sell or offer to sell to any distributor or AD retailer or C retailer,
no distributor shall sell or offer to sell to any AD retailer or C retailer, and no distributor or AD
retailer or C retailer shall purchase or receive from any manufacturer or distributor any drinkable
cannabinoid product in the United States except for cash. No right of action exists to collect any
claims for credit extended contrary to this section.
  Sec. 3779.29. (A) As used in this section:
  (1) "Chauffeured limousine" means a vehicle registered under section 4503.24 of the
Revised Code.
  (2) "Street," "highway," and "motor vehicle" have the same meanings as in section 4511.01
of the Revised Code.
  (B) A person may have in the person's possession an opened container of a drinkable
cannabinoid product in either of the following locations:
  (1) On the premises of a private residence;
  (2) In a chauffeured limousine that is located on any street, highway, or other public or
private property open to the public for purposes of vehicular travel or parking if all the following
apply:
  (a) The person, or the guest of the person, pays all or a portion of the fee imposed for the use
of a chauffeured limousine pursuant to a prearranged contract.
  (b) The person or guest is a passenger in the limousine.
  (c) The person or guest is located in the limousine but is not occupying a seat in the front
compartment of the limousine where the operator of the limousine is located.
  (C) A person may have in the person's possession an opened container of a drinkable
cannabinoid product on the premises of an AD retailer, provided the AD retailer sold the drinkable
cannabinoid product to the person.
  (D) Except as provided in divisions (B) and (C) of this section, no person shall have in the
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person's possession an opened container of a drinkable cannabinoid product in any of the following
circumstances:
        (1) In any public place;
        (2) While operating or being a passenger in or on a motor vehicle on any street, highway, or
other public or private property open to the public for purposes of vehicular travel or parking;
        (3) While being in or on a stationary motor vehicle on any street, highway, or other public or
private property open to the public for purposes of vehicular travel or parking.
        Sec. 3779.30. A person may manufacture a liquid hemp product that is a beverage intended
for human consumption that is not in compliance with the requirements for drinkable cannabinoid
products established in this chapter, provided the product is solely for export outside of this state.
        Sec. 3779.99. (A) Whoever recklessly violates division (B)(1) of section 3779.22 of the
Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the
fifth degree on a second or subsequent offense.
        (B) Whoever recklessly violates division (B)(5) of section 3779.22 of the Revised Code is
guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on a
subsequent offense.
        (C) Whoever knowingly violates section 3779.29 of the Revised Code is guilty of a minor
misdemeanor.
        Sec. 3796.01. (A) As used in this chapter:
        (1) "Marijuana" means marihuana as defined in section 3719.01 of the Revised Code.
        (2) "Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested,
possessed, or used for a medical purpose in accordance with this chapter . "Medical marijuana" does
not include adult-use marijuana or homegrown marijuana.
        (3) "Academic medical center" has the same meaning as in section 4731.297 of the Revised
Code.
        (4) "Drug database" means the database established and maintained by the state board of
pharmacy pursuant to section 4729.75 of the Revised Code.
        (5) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery.
        (6) "Qualifying medical condition" means any of the following:
        (a) Acquired immune deficiency syndrome;
        (b) Alzheimer's disease;
        (c) Amyotrophic lateral sclerosis;
        (d) Cancer;
        (e) Chronic traumatic encephalopathy;
        (f) Crohn's disease;
        (g) Epilepsy or another seizure disorder;
        (h) Fibromyalgia;
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  (i) Glaucoma;
  (j) Hepatitis C;
  (k) Inflammatory bowel disease;
  (l) Multiple sclerosis;
  (m) Pain that is either of the following:
  (i) Chronic and severe;
  (ii) Intractable.
  (n) Parkinson's disease;
  (o) Positive status for HIV;
  (p) Post-traumatic stress disorder;
  (q) Sickle cell anemia;
  (r) Spinal cord disease or injury;
  (s) Tourette's syndrome;
  (t) Traumatic brain injury;
  (u) Ulcerative colitis;
  (v) Any other disease or condition added by the state medical board under section 4731.302
of the Revised Code.
  (7) "State university" has the same meaning as in section 3345.011 of the Revised Code.
  (8) "Adult-use consumer" means an individual who is at least twenty-one years of age.
  (9) "Adult-use marijuana" means marijuana that is cultivated, processed, dispensed, or tested
for, or possessed or used by, an adult-use consumer, in accordance with this chapter. "Adult-use
marijuana" includes marijuana cultivated, processed, dispensed, or tested for, or possessed or used
by, an adult-use consumer before the effective date of this amendment in accordance with Chapter
3780. of the Revised Code, as that chapter existed immediately prior to the effective date of this
amendment. "Adult-use marijuana" does not include medical marijuana or homegrown marijuana.
  (10) "Church" has the meaning defined in section 1710.01 of the Revised Code.
  (11) "Public library" means a library provided for under Chapter 3375. of the Revised Code.
  (12) "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.
  (13) "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.
  (14) "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.
  (15) "Public place" has the same meaning as in section 3794.01 of the Revised Code.
  (16) "Ohio investigative unit" means the investigative unit maintained by the department of
public safety under section 5502.13 of the Revised Code.
  (17) "Homegrown marijuana" means marijuana cultivated, grown, processed, or possessed
Am. Sub. S. B. No. 56  136th G.A.
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by an adult-use consumer in accordance with section 3796.04 of the Revised Code. "Homegrown
marijuana" includes marijuana cultivated, grown, processed, or possessed before the effective date
of this amendment under former section 3780.28 of the Revised Code, as that section existed
immediately prior to the effective date of this amendment. "Homegrown marijuana" does not include
medical marijuana or adult-use marijuana.
  (18) "Provisional license" means a temporary license issued to an applicant for a cultivator,
processor, retail dispensary, or laboratory license under this chapter or Chapter 3780. of the Revised
Code, as that chapter existed immediately before the effective date of this amendment, that
establishes the conditions that must be met before the provisional license holder may engage in the
activities authorized by section 3796.18, 3796.19, 3796.20, or 3796.21 of the Revised Code.
  (19) "Certificate of operation" means a certificate issued to the holder of a provisional
license that authorizes the recipient to engage in the activities authorized by section 3796.18,
3796.19, 3796.20, or 3796.21 of the Revised Code.
  (20) "Licensed cultivator" means the holder of a current, valid license issued pursuant to this
chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the
effective date of this amendment, to engage in the activities authorized by section 3796.18 of the
Revised Code.
  (21) "Licensed processor" means the holder of a current, valid license issued pursuant to this
chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the
effective date of this amendment, to engage in the activities authorized by section 3796.19 of the
Revised Code.
  (22) "Licensed dispensary" means the holder of a current, valid license issued pursuant to
this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the
effective date of this amendment, to engage in the activities authorized by section 3796.20 of the
Revised Code.
  (23) "Licensed laboratory" means the holder of a current, valid license issued pursuant to
this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the
effective date of this amendment, to engage in the activities authorized by section 3796.21 of the
Revised Code.
  (24) "License holder" means the holder of a current, valid license issued under this chapter
or Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date
of this amendment;
  (25) "Physical control" means being in the operator's position of a vehicle, streetcar,
trackless trolley, watercraft, or aircraft and having possession of the vehicle's, streetcar's, trackless
trolley's, watercraft's, or aircraft's ignition key or other ignition device.
  (B) As used in the Revised Code, the "division of marijuana control" means the division of
cannabis control and the "superintendent of marijuana control" means the superintendent of cannabis
control. Whenever the division of marijuana control or the superintendent of marijuana control is
Am. Sub. S. B. No. 56  136th G.A.
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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 cannabis control or the superintendent of
cannabis control, as indicated by context.
        (C) Notwithstanding any conflicting provision of Chapter 3719. of the Revised Code or the
rules adopted under it, for purposes of this chapter, medical marijuana is a schedule II controlled
substance.
        Sec. 3796.02. There is hereby established a division of marijuana cannabis 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 cannabis
control program is hereby established in the division of marijuana cannabis 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 cannabis control
program.
        Sec. 3796.021. (A) The medical marijuana advisory committee is hereby created in the state
board of pharmacy. The committee shall consist of the following:
        (1) Two members who are practicing pharmacists, at least one of whom supports the use of
marijuana for medical purposes and at least one of whom is a member of the board of pharmacy;
        (2) Two members who are practicing physicians, at least one of whom supports the use of
marijuana for medical purposes and at least one of whom is a member of the state medical board;
        (3) A member who represents local law enforcement;
        (4) A member who represents employers;
        (5) A member who represents labor;
        (6) A member who represents persons involved in mental health treatment;
        (7) A member who is a nurse;
        (8) A member who represents caregivers;
        (9) A member who represents patients;
        (10) A member who represents agriculture;
        (11) A member who represents persons involved in the treatment of alcohol and drug
addiction;
        (12) A member who engages in academic research.
        (B) The governor shall appoint the members described in divisions (A)(1), (2), (4), (10),
(11), and (12) of this section. The senate president shall appoint the members described in divisions
(A)(3) and (8) of this section. The minority leader of the senate shall appoint the member described
in division (A)(7) of this section. The speaker of the house of representatives shall appoint the
members described in divisions (A)(6) and (9) of this section. The minority leader of the house of
representatives shall appoint the member described in division (A)(5) of this section. Not more than
six members shall be of the same political party.
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        (C) Appointments to the committee shall be made not later than thirty days after the effective
date of this section September 8, 2016.
        (D) Each member of the committee shall serve from the date of appointment until the
committee ceases to exist, except that members serve at the pleasure of the appointing authority.
Vacancies shall be filled in the same manner as original appointments.
        (E) The governor shall select a member of the committee to serve as its chairperson.
        (F) Each member of the committee shall receive a per diem compensation determined in
accordance with division (J) of section 124.15 of the Revised Code. In addition, each member shall
receive actual and necessary travel expenses in connection with committee meetings and business.
        (G) The committee shall hold its initial meeting not later than thirty days after the last
member of the committee is appointed. The committee may develop and submit to the department of
commerce, state board of pharmacy, and the state medical board any recommendations related to the
medical marijuana and the cannabis control program and the implementation and enforcement of
Chapter 3796. of the Revised Code.
        (H) The committee is not subject to sections 101.82 to 101.87 of the Revised Code.
        (I) The committee shall cease to exist on the date that occurs five years and thirty days after
the effective date of this act September 8, 2016.
        Sec. 3796.03. (A) The division of marijuana cannabis control shall adopt rules establishing
standards and procedures for the medical marijuana cannabis control program.
        All rules adopted under this section shall be adopted in accordance with Chapter 119. of the
Revised Code.
        (B) The rules shall do all of the following:
        (1) Establish application procedures and fees for licenses it issues under this
chapterlicensure;
        (2) Specify both of the following:
        (a) The conditions that must be met to be eligible for licensure;
        (b) In accordance with section 9.79 of the Revised Code, the The criminal offenses for which
that disqualify an applicant will be disqualified from licensure pursuant to that sectionlicensure
under this chapter, which shall include, at minimum, any felony offense.
        (3) Establish, in accordance with section 3796.05 of the Revised Code, the number of
cultivator licenses and retail dispensary licenses that will be permitted at any one time;
        (4) Establish a license renewal schedule, renewal procedures, and renewal fees;
        (5) Specify reasons for which a license may be suspended, including without prior hearing,
revoked, or not be renewed or issued and the reasons for which a civil penalty may be imposed on a
license holder;
        (6) Establish standards under which a license suspension may be lifted;
        (7) Establish procedures for registration of medical marijuana patients and caregivers and
requirements that must be met to be eligible for registration;
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        (8) Establish training requirements for employees of retail licensed dispensaries;
        (9) Specify if a cultivator, processor, retail dispensary, or laboratory that is licensed under
this chapter and that existed at a location before a school, church, public library, public playground,
or public park became established within five hundred feet of the cultivator, processor, retail
dispensary, or laboratory, may remain in operation or shall relocate or have its license revoked by
the division;
        (10) Specify, by form and tetrahydrocannabinol content, a maximum ninety-day supply of
medical marijuana that may be possessed;
        (11)(10) Specify the paraphernalia or other accessories that may be used in the
administration to a registered patient of medical marijuana, adult-use marijuana, and homegrown
marijuana;
        (12)(11) Establish procedures for the issuance of patient or caregiver identification cards;
        (13)(12) Specify the forms of or methods of using adult-use marijuana and medical
marijuana that are attractive to children;
        (14) Specify both of the following:
        (a) Subject to division (B)(14)(b) of this section, the criminal offenses for which a person
will be disqualified from employment with a license holder;
        (b) Which of the criminal offenses specified pursuant to division (B)(14)(a) of this section
will not disqualify a person from employment with a license holder if the person was convicted of or
pleaded guilty to the offense more than five years before the date the employment begins.
        (15)(13) Establish a program to assist medical marijuana patients who are veterans or
indigent in obtaining medical marijuana in accordance with this chapter;
        (16)(14) Establish, in accordance with section 3796.05 of the Revised Code, standards and
procedures for the testing of medical marijuana and adult-use marijuana by a licensed laboratory
licensed under this chapter;
        (15) Establish standards and procedures for both of the following:
        (a) Online and mobile ordering of adult-use and medical marijuana by a licensed dispensary;
        (b) Delivery of medical marijuana by a licensed dispensary or an agent of a licensed
dispensary to a registered medical marijuana patient or caregiver.
        (16) Establish standards prohibiting the use of gifts, samples, or other free or discounted
goods or services to induce or reward a license holder for business or referrals;
        (17) Establish standards for non-marijuana ingredients used in adult-use and medical
marijuana products, which may take into account industry best-practices and criteria set by the
federal food and drug administration for food ingredients, vitamins, and supplements. The division
may prohibit ingredients that do not meet such standards.
        (C) In addition to the rules described in division (B) of this section, the division may adopt
any other rules it considers necessary for the program's administration and the implementation and
enforcement of this chapter.
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        (D) When adopting rules under this section, the division shall consider standards and
procedures that have been found to be best practices relative to the use and regulation of medical
marijuana, adult-use marijuana, and homegrown marijuana.
        Sec. 3796.032. This chapter does not authorize the division of marijuana cannabis control to
oversee or limit research conducted at a state university, academic medical center, or private
research and development organization that is related to marijuana and is approved by an agency,
board, center, department, or institute of the United States government, including any of the
following:
        (A) The agency for health care research and quality;
        (B) The national institutes of health;
        (C) The national academy of sciences;
        (D) The centers for medicare and medicaid services;
        (E) The United States department of defense;
        (F) The centers for disease control and prevention;
        (G) The United States department of veterans affairs;
        (H) The drug enforcement administration;
        (I) The food and drug administration;
        (J) Any board recognized by the national institutes of health for the purpose of evaluating the
medical value of health care services.
        Sec. 3796.04. (A) Notwithstanding any conflicting provision of the Revised Code, an adult-
use consumer may do all of the following:
        (1) Cultivate, grow, and possess homegrown marijuana plants at the adult-use consumer's
primary residence, if all of the following apply:
        (a) Not more than six homegrown marijuana plants are cultivated or grown by each adult-use
consumer;
        (b) Not more than twelve homegrown marijuana plants are cultivated or grown at a single
residence;
        (c) Cultivation or growing of homegrown marijuana takes place only within a secured closet,
room, greenhouse, or other enclosed area in or on the grounds of the residence that prevents access
by individuals under twenty-one years of age, and which is not visible by normal unaided vision
from a public space;
        (d) Cultivation or growing of homegrown marijuana does not take place at a residence that is
any of the following:
        (i) A type A family child care home or type B family child care home, as those terms are
defined in section 5104.01 of the Revised Code;
        (ii) A halfway house, community transitional housing facility, community residential center,
or other similar facility licensed by the division of parole and community services under section
2967.14 of the Revised Code;
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  (iii) A residential premises occupied pursuant to a rental agreement that prohibits the
activities otherwise authorized by this section.
  (2) Process homegrown marijuana by manual or mechanical means.
  (3) Store homegrown marijuana and adult-use marijuana at the adult-use consumer's primary
residence.
  (4) Use homegrown marijuana grown, cultivated, and processed at the adult-use consumer's
primary residence;
  (5) Possess any paraphernalia or accessories that may be used in the administration of adult-
use marijuana or homegrown marijuana.
  (B) This section does not authorize any person to:
  (1) Cultivate, grow, or process homegrown marijuana except at the person's primary
residence;
  (2) Use, cultivate, process, transfer, or transport adult-use marijuana or homegrown
marijuana before reaching twenty-one years of age;
  (3) Process homegrown by hydrocarbon-based extraction;
  (4) Sell, or profit from, homegrown marijuana;
  (5) Cultivate, grow, or possess homegrown marijuana on behalf of another person.
  (C)(1) No person shall knowingly cultivate, grow, or possess homegrown marijuana in a
manner that violates division (A) of this section:
  (2) No person shall knowingly consume adult-use marijuana or homegrown marijuana in a
public place;
  (3) No person operating a public place shall knowingly permit the consumption of adult-use
marijuana or homegrown marijuana in that public place.
  (D) Subject to division (B) of this section and divisions (B) and (C) of section 3796.221 of
the Revised Code, an adult-use consumer shall not be subject to arrest or criminal prosecution for
cultivating, growing, possessing, processing, storing, or using homegrown marijuana, or possessing
paraphernalia or accessories that may be used in the administration of adult-use or homegrown
marijuana, in accordance with division (A) of this section.
  (E) 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. 3796.05. (A) When establishing the number of cultivator licenses that will be permitted
at any one time, the division of marijuana cannabis control shall consider both all of the following:
  (1) The population of this state;
  (2) The number of patients seeking to use medical marijuana;
  (3) The number of adult-use consumers seeking to use adult-use marijuana.
  (B) When establishing the number of retail dispensary licenses that will (B)(1) Not more
than four hundred licensed dispensaries shall be permitted to operate in this state at any one time, the
division shall consider all of the following:
Am. Sub. S. B. No. 56  136th G.A.
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  (1) The population of this state;
  (2) The number of patients seeking to use medical marijuana;
  (3) The geographic distribution of dispensary sites in an effort to ensure patient access to
medical marijuana.
  (2)(a) The division may revoke a dispensary license for failure to secure a certificate of
operation within eighteen months after issuance of a provisional license.
  (b) The holder of a provisional license may apply to the division for not more than two six-
month extensions of the deadline prescribed by division (B)(2)(a) of this section. The division shall
approve the extension if the provisional license holder demonstrates that the provisional license
holder has made a good-faith effort to become operational.
  (3) When issuing retail dispensary licenses, the division of cannabis control shall ensure that
the geographic distribution of dispensary sites does not result in the oversaturation of any geographic
area.
  (4) The division shall not, on or after the effective date of this amendment, issue a retail
dispensary license for, or approve the relocation of a licensed retail dispensary to, a location or
facility:
  (a) That is within one mile of another licensed dispensary;
  (b) For which a permit has been issued under Chapter 4303. of the Revised Code to sell beer
and intoxicating liquor, as those terms are defined in section 4301.01 of the Revised Code.
  (C) No person shall own or operate more than eight licensed dispensaries, more than one
licensed cultivator, or more than one licensed processor license at any time.
  (D) When establishing standards and procedures for the testing of medical marijuana and
adult-use marijuana, the division shall do all of the following:
  (1) Specify when testing must be conducted;
  (2) Determine the minimum amount of medical marijuana or 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;
  (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:
  (1) Oils;
  (2) Tinctures;
  (3) Plant material;
  (4) Edibles;
  (5) Patches;
  (6) Any other form approved by the division of marijuana control under section 3796.061 of
Am. Sub. S. B. No. 56  136th G.A.
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the Revised Code.
        (B) Only the following forms of adult-use marijuana may be dispensed under this chapter:
        (1) Any form in which medical marijuana may be dispensed;
        (2) Extracts;
        (3) Drops;
        (4) Lozenges;
        (5) Smoking or combustible products;
        (6) Vaporization products;
        (7) Beverages;
        (8) Pills;
        (9) Capsules;
        (10) Suppositories;
        (11) Oral pouches;
        (12) Oral strips;
        (13) Oral and topical sprays;
        (14) Salves;
        (15) Lotions or similar cosmetic products;
        (16) Inhalers;
        (17) Seeds;
        (18) Live plants;
        (19) Clones;
        (20) Pre-rolled products.
        (C) With respect to the methods of using medical marijuana, adult-use marijuana and
homegrown marijuana, all of the following apply:
        (1) The smoking or combustion of medical marijuana is prohibited.
        (2) The No person shall knowingly consume adult-use marijuana or homegrown marijuana
by smoking, combustion, or vaporization or knowingly consume medical marijuana by vaporization
of medical marijuana is permitted in any place other than privately owned real property that is used
primarily for residential or agricultural purposes, including any dwellings, facilities, improvements,
and appurtenances on such real property.
        (3) No person shall knowingly smoke, combust, or vaporize marijuana in any of the
following:
        (a) A type A family child care home or type B family child care home, as those terms are
defined in section 5104.01 of the Revised Code;
        (b) A halfway house, community transitional housing facility, community residential center,
or other similar facility licensed by the division of parole and community services under section
2967.14 of the Revised Code;
        (c) A residential premises occupied pursuant to a rental agreement that prohibits the
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smoking, combustion, or vaporization of marijuana;
  (d) A public place or place of employment, as those terms are defined in section 3794.01 of
the Revised Code.
  (3)(4) The division may approve additional methods of using medical marijuana, other than
smoking or combustion, under section 3796.061 of the Revised Code.
  (C) (D)(1) Any form or method of using adult-use marijuana or medical marijuana that is
considered attractive to children, as specified in rules adopted by the division, is prohibited.
  (2) Adult-use marijuana and medical marijuana shall not be dispensed or sold in a form or
shape that bears the likeness or contains the characteristics of a realistic or fictional human, animal,
or fruit, including artistic, caricature, or cartoon renderings.
  (D) With respect to tetrahydrocannabinol content, all of the following apply:
  (1) Plant material shall have a (E)(1) Except as otherwise provided in division (E)(3) of this
section, the tetrahydrocannabinol content of medical marijuana dispensed or sold to patients or
caregivers shall not more than thirty-five exceed:
  (a) Thirty-five per cent for plant material;
  (b) Seventy per cent for extracts.
  (2) Extracts shall have a Except as otherwise provided in division (E)(3) of this section, the
tetrahydrocannabinol content of adult-use marijuana dispensed or sold to adult-use consumers shall
not more than seventy exceed:
  (a) Thirty-five per cent for plant material;
  (b) Seventy per cent for extracts.
  (3) The division may adopt rules, in accordance with Chapter 119. of the Revised Code, that
do either or both of the following:
  (a) Increase the tetrahyrdrocannabinol content limits for extracts prescribed in divisions (E)
(1) and (2) of this section;
  (b) Establish tetrahydrocannabinol content limits for adult-use and medical marijuana
dispensed or sold under this chapter by content per serving or per package.
  (F) No person shall knowingly give, sell, or distribute adult-use marijuana or homegrown
marijuana to a person under twenty-one years of age.
  (G) No person under the age of twenty one shall knowingly purchase, use, or possess adult-
use marijuana or homegrown marijuana.
  (H) An adult-use consumer, medical marijuana patient, or medical marijuana caregiver shall
store edible adult-use and medical marijuana products in the original packaging at all times when the
products are not actively in use.
  Sec. 3796.061. (A) Any person may submit a petition to the state division of marijuana
cannabis control requesting that a form of or method of using medical marijuana be approved for the
purposes of section 3796.06 of the Revised Code. A petition shall be submitted to the division in a
manner prescribed by the division. A petition shall not seek to approve a method of using medical
Am. Sub. S. B. No. 56  136th G.A.
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marijuana that involves smoking or combustion.
        (B) On receipt of a petition, the division shall review it to determine whether to approve the
form of or method of using medical marijuana described in the petition. The division may
consolidate the review of petitions for the same or similar forms or methods. In making its
determination, the division shall consult with one or more experts and review any relevant scientific
evidence.
        (C) The division shall approve or deny the petition in accordance with any rules adopted by
the division under this section. The division's decision is final.
        (D) The division may adopt rules as necessary to implement this section. The rules shall be
adopted in accordance with Chapter 119. of the Revised Code.
        Sec. 3796.062. (A) No person shall knowingly transport marijuana other than adult-use
marijuana, medical marijuana, or homegrown marijuana in a motor vehicle.
        (B) No person shall knowingly transport medical marijuana or adult-use marijuana in a
motor vehicle unless one of the following applies:
        (1) The adult-use marijuana or medical marijuana is in the original, unopened packaging in
which it was dispensed or sold;
        (2) If previously opened, the adult-use marijuana or medical 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.
        (C) No person shall knowingly 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 knowingly transport marijuana paraphernalia in a motor vehicle unless
one of the following applies:
        (1) The marijuana paraphernalia is in the original, unopened packaging in which it was
dispensed or sold;
        (2) If previously opened, 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.
        Sec. 3796.07. The department of commerce division of cannabis control shall establish and
maintain an electronic database to monitor adult-use and 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 adult-use and medical
Am. Sub. S. B. No. 56  136th G.A.
  66
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.
        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 adult-use consumer
or medical marijuana patient. Information or data that does not identify a specific adult-use
consumer or medical marijuana patient may be released in summary, statistical, or aggregate form.
        Sec. 3796.08. (A)(1) Until one hundred eighty days following the effective date of this
amendment October 3, 2023, a patient seeking to use medical marijuana or a caregiver seeking to
assist a patient in the use or administration of medical marijuana shall apply to the state board of
pharmacy for registration. On and after one hundred eighty days following the effective date of this
amendment October 3, 2023, a patient seeking to use medical marijuana or a caregiver seeking to
assist a patient in the use or administration of medical marijuana shall apply to the division of
marijuana cannabis control for registration. The physician who holds a certificate to recommend
issued by the state medical board and is treating the patient or the physician's delegate shall submit
the application on the patient's or caregiver's behalf in the manner established in rules adopted under
section 3796.03 of the Revised Code.
        (2) The application shall include all of the following:
        (a) A statement from the physician certifying all of the following:
        (i) That a bona fide physician-patient relationship exists between the physician and patient;
        (ii) That the patient has been diagnosed with a qualifying medical condition;
        (iii) That the physician or physician delegate has requested from the drug database a report
of information related to the patient that covers at least the twelve months immediately preceding the
date of the report;
        (iv) That the physician has informed the patient of the risks and benefits of medical
marijuana as it pertains to the patient's qualifying medical condition and medical history.
        (b) In the case of an application submitted on behalf of a patient, the name or names of the
one or more caregivers that will assist the patient in the use or administration of medical marijuana;
        (c) In the case of an application submitted on behalf of a caregiver, the name of the patient or
patients that the caregiver seeks to assist in the use or administration of medical marijuana.
        (3) If the application is complete and meets the requirements established in rules, the board
or division, as applicable, shall register the patient or caregiver and issue to the patient or caregiver
an identification card.
        (B) The board or division, as applicable, shall not make public any information reported to
or collected by the board or division, as applicable, under this section that identifies or would tend to
Am. Sub. S. B. No. 56  136th G.A.
  67
identify any specific patient.
  Information collected by the board or division, as applicable, pursuant to this section is
confidential and not a public record. The board or division, as applicable, may share identifying
information with a licensed retail dispensary for the purpose of confirming that a person has a valid
registration. Information that does not identify a person may be released in summary, statistical, or
aggregate form.
  (C) A registration 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 procedures
established in those rules.
  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 commercecannabis 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.
  (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 offense, as specified in rules adopted under section 9.79 and division (B)(2)(b) of section
3796.03 of the Revised Code.
  (2) The If the application is for a cultivator or processor license, the applicant demonstrates
that it does not none of its current or prospective owners, officers, board members, administrators,
employees, agents, or affiliates who may significantly influence or control the applicant's activities
have an ownership or investment interest in or compensation arrangement with any either of the
following:
  (a) A licensed laboratory licensed under this chapter;
  (b) An applicant for a license to conduct laboratory testing.
  (3) The If the application is for a cultivator or processor license, the applicant demonstrates
that it does not none of its current or prospective owners, officers, board members, administrators,
employees, agents, or affiliates who may significantly influence or control the applicant's activities
share any corporate officers or employees with any either of the following:
  (a) A licensed laboratory licensed under this chapter;
  (b) An applicant for a license to conduct laboratory testing.
  (4) The applicant demonstrates that it will not be located within five hundred feet of a
school, church, public library, public playground, or public park.
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  (5) The information provided to the department division pursuant to section 3796.11 of the
Revised Code demonstrates that the applicant is in compliance with the applicable tax laws of this
state.
  (6) The applicant demonstrates sufficient liquid capital and ability to meet financial
responsibility requirements;
  (7) The applicant demonstrates that the municipal corporation or township in which it will be
located has not passed a moratorium or taken any other action that would prohibit the applicant from
operating there;
  (8) The application does not contain false, misleading, or deceptive information and does not
omit material information;
  (9) The applicant pays any fee required by the division;
  (10) The applicant meets all other licensure eligibility conditions established in rules adopted
under section 3796.03 of the Revised Code.
  (C) (D) If the number of eligible applicants exceed the number of available licenses, the
division shall use an impartial and evidence-based process to rank the eligible applicants. The
ranking process shall take into account all of the following:
  (1) The applicant's business plan;
  (2) The applicant's operations plan;
  (3) The applicant's security plan;
  (4) The applicant's financial plan;
  (5) The applicant's principal place of business;
  (6) The proposed location of the cultivation, processing, or laboratory facility;
  (7) The applicant's plan for generating job and economic development in this state;
  (8) The applicant's environmental plan;
  (9) Employment practices, including any plans to inform, hire, or educate residents of the
state, veterans, disabled persons, women, or minorities;
  (10) The criminal records of all persons subject to the criminal records check requirement;
  (11) The civil and administrative history of the applicant and persons associated with the
applicant;
  (12) Any other eligibility, suitability, or operations-based determination specified in this
chapter or rules adopted by the division thereunder.
  (E)(1) If the division uses a lottery system to issue licenses under this section, the applicants
shall be grouped into the following distinct categories:
  (a) Highly exceeds;
  (b) Exceeds;
  (c) Meets;
  (d) Does not meet.
  (2) The division shall group the applicants such that the number of applicants in each of the
Am. Sub. S. B. No. 56  136th G.A.
  69
highly exceeds, exceeds, and meets categories is roughly equal, unless doing so is not possible while
conforming to an impartial and evidence-based process. Applicants that do not meet the eligibility
requirements prescribed by division (C) of this section shall be placed in the does not meet category.
  (3) In conducting the lottery, the division shall give applicants in the exceeds category
double odds of being 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 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)(C) 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-to-day 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 based solely on the location of the applicant's existing facility in
proximity to other license holders.
  (H) A provisional license issued under this section is not transferable.
  (I) No person shall knowingly engage in any of the activities described in section 3796.18,
3796.19, or 3796.21 of the Revised Code without the proper license issued under this section or
Chapter 3780. of the Revised Code, as that chapter existed immediately prior to the effective date of
this amendment.
  Sec. 3796.10. (A) An entity that seeks to dispense at retail medical marijuana and adult-use
marijuana shall file an application for licensure with the division of marijuana 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.
  (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 division shall not issue a license to an applicant if unless all of the following
Am. Sub. S. B. No. 56  136th G.A.
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conditions 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 offense, as specified in rules adopted under section 9.79 and division (B)(2)(b) of section
3796.03 of the Revised Code.
  (2) The applicant demonstrates that it does not none of its current or prospective owners,
officers, board members, administrators, employees, agents, or affiliates who may significantly
influence or control the applicant's activities have an ownership or investment interest in or
compensation arrangement with any either of the following:
  (a) A licensed laboratory licensed under this chapter;
  (b) An applicant for a license to conduct laboratory testing.
  (3) The applicant demonstrates that it does not none of its current or prospective owners,
officers, board members, administrators, employees, agents, or affiliates who may significantly
influence or control the applicant's activities share any corporate officers or employees with any
either of the following:
  (a) A licensed laboratory licensed under this chapter;
  (b) An applicant for a license to conduct laboratory testing.
  (4) The applicant demonstrates that it will not be located within five hundred feet of a
school, church, public library, public playground, or public park.
  (5) The applicant demonstrates that the proposed location or facility is not either of the
following:
  (a) Located within one mile of another licensed dispensary;
  (b) Issued a permit under Chapter 4303. of the Revised Code to sell beer and intoxicating
liquor, as those terms are defined in section 4301.01 of the Revised Code.
  (6) The information provided to the division pursuant to section 3796.11 of the Revised
Code demonstrates that the applicant is in compliance with the applicable tax laws of this state.
  (6) (7) The applicant demonstrates sufficient liquid capital and ability to meet financial
responsibility requirements;
  (8) The applicant demonstrates that the municipal corporation or township in which it will be
located has not passed a moratorium or taken any other action that would prohibit the applicant from
operating there;
  (9) The application does not contain false, misleading, or deceptive information and does not
omit material information;
  (10) The applicant pays any fee required by the division;
  (11) The applicant meets all other licensure eligibility conditions established in rules adopted
under section 3796.03 of the Revised Code.
  (C) (D) If the number of eligible applicants exceed the number of available licenses, the
Am. Sub. S. B. No. 56  136th G.A.
  71
division shall use an impartial and evidence-based process to rank the eligible applicants. The
ranking process shall take into account all of the following:
  (1) The applicant's business plan;
  (2) The applicant's operations plan;
  (3) The applicant's security plan;
  (4) The applicant's financial plan;
  (5) The applicant's principal place of business;
  (6) The proposed location of the cultivation, processing, or laboratory facility;
  (7) The applicant's plan for generating job and economic development in this state;
  (8) The applicant's environmental plan;
  (9) Employment practices, including any plans to inform, hire, or educate residents of the
state, veterans, disabled persons, women, or minorities;
  (10) The criminal records of all persons subject to the criminal records check requirement;
  (11) The civil and administrative history of the applicant and persons associated with the
applicant;
  (12) Any other eligibility, suitability, or operations-based determination specified in this
chapter or rules adopted by the division thereunder.
  (E)(1) If the division uses a lottery system to issue licenses under this section, the applicants
shall be grouped into the following distinct categories:
  (a) Highly exceeds;
  (b) Exceeds;
  (c) Meets;
  (d) Does not meet.
  (2) The division shall group the applicants such that the number of applicants in each of the
highly exceeds, exceeds, and meets categories is roughly equal, unless doing so is not possible while
conforming to an impartial and evidence-based process. Applicants that do not meet the eligibility
requirements prescribed by division (C) of this section shall be placed in the does not meet category.
  (3) In conducting the lottery, the division shall give applicants in the exceeds category
double the odds of being 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)(C) of this section, the licenses shall be issued according to usual procedures.
Am. Sub. S. B. No. 56  136th G.A.
  72
  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-to-day 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 based solely on the location of the applicant's existing dispensary
facility in proximity to other license holders.
  (H) A provisional license issued under this section is not transferable.
  (I) No person shall knowingly engage in any of the activities described in section 3796.20 of
the Revised Code without a dispensary license issued under this section or Chapter 3780. of the
Revised Code, as that chapter existed immediately prior to the effective date of this amendment.
  Sec. 3796.11. (A)(1) Notwithstanding section 149.43 of the Revised Code or any other
public records law to the contrary or any law relating to the confidentiality of tax return information,
upon the request of the division of marijuana cannabis control, the department of taxation shall
provide to the division all of the following information:
  (a) Whether an applicant for licensure under this chapter is in compliance with the applicable
tax laws of this state;
  (b) Any past or pending violation by the applicant of those tax laws, and any penalty
imposed on the applicant for such a violation.
  (2) The division shall request the information only as it pertains to an application for
licensure that the division, as applicable, is reviewing.
  (3) The department of taxation may charge the division a reasonable fee to cover the
administrative cost of providing the information.
  (B) Information received under this section is confidential. Except as otherwise permitted by
other state law or federal law, the division shall not make the information available to any person
other than the applicant for licensure to whom the information applies.
  Sec. 3796.12. (A) As used in this section, "criminal records check" has the same meaning as
in section 109.572 of the Revised Code.
  (B)(1) As part of the application process for a license issued under this chapter, the division
of marijuanacannabis control shall require each of the following to complete a criminal records
check:
  (a) An administrator or other person responsible for the daily operation of the entity seeking
the license;
  (b) An owner or prospective owner, officer or prospective officer, or board member or
Am. Sub. S. B. No. 56  136th G.A.
  73
prospective board member of the entity seeking the license.
  (2) If a person subject to the criminal records check requirement does not present proof of
having been a resident of this state for the five-year period immediately prior to the date the criminal
records check is requested or provide evidence that within that five-year period the superintendent of
the bureau of criminal identification and investigation has requested information about the person
from the federal bureau of investigation in a criminal records check, the division shall request that
the person obtain through the superintendent a criminal records request from the federal bureau of
investigation as part of the criminal records check of the person. Even if a person presents proof of
having been a resident of this state for the five-year period, the division may request that the person
obtain information through the superintendent from the federal bureau of investigation in the
criminal records check.
  (C) The division shall provide the following to each person who is subject to the criminal
records check requirement:
  (1) Information about accessing, completing, and forwarding to the superintendent of the
bureau of criminal identification and investigation the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and the standard impression sheet to obtain fingerprint
impressions prescribed pursuant to division (C)(2) of that section;
  (2) Written notification that the person is to instruct the superintendent to submit the
completed report of the criminal records check directly to the division.
  (D) Each person who is subject to the criminal records check requirement shall pay to the
bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of
section 109.572 of the Revised Code for the criminal records check conducted of the person.
  (E) The report of any criminal records check conducted by the bureau of criminal
identification and investigation in accordance with section 109.572 of the Revised Code and
pursuant to a request made under this section is not a public record for the purposes of section
149.43 of the Revised Code and shall not be made available to any person other than the following:
  (1) The person who is the subject of the criminal records check or the person's
representative;
  (2) The members and staff of the division;
  (3) A court, hearing officer, or other necessary individual involved in a case dealing with
either of the following:
  (a) A license denial resulting from the criminal records check;
  (b) A civil or criminal action regarding the medical marijuanacannabis control program or
any violation of this chapter.
  (F) The division shall deny a license if, after receiving the information and notification
required by this section, a person subject to the criminal records check requirement fails to do either
of the following:
  (1) Access, complete, or forward to the superintendent of the bureau of criminal
Am. Sub. S. B. No. 56  136th G.A.
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identification and investigation the form prescribed pursuant to division (C)(1) of section 109.572 of
the Revised Code or the standard impression sheet prescribed pursuant to division (C)(2) of that
section;
  (2) Instruct the superintendent to submit the completed report of the criminal records check
directly to the division.
  Sec. 3796.13. (A) Each person seeking employment with an entity licensed under this
chapter a license holder shall comply with sections 4776.01 to 4776.04 of the Revised Code. Except
as provided in division (B) of this section, such an entity a license holder shall not employ the
person unless the person has submitted a criminal records check under those sections. The and the
report of the resulting criminal records check shall demonstrate demonstrates that the person has not
been convicted of or pleaded guilty to any of the disqualifying offenses specified in rules adopted
under division (B)(14)(a) of section 3796.03 of the Revised Code if the person is seeking
employment with an entity licensed by the division of marijuana control under this chapter.
  (B) An entity is not prohibited by division (A) of this section from employing a person if the
disqualifying offense the person was convicted of or pleaded guilty to is one of the offenses
specified in rules adopted under division (B)(14)(b) of section 3796.03 of the Revised Code and the
person was convicted of or pleaded guilty to the offense more than five years before the date the
employment begins.(B)(1) Notwithstanding division (A) of this section, the division of cannabis
control shall establish standards for provisional employment of individuals who have exigent
circumstances.
  (2) Such standards must include, at minimum, a requirement that the individual seeking
provisional employment submit evidence of compliance with sections 4776.01 to 4776.04 of the
Revised Code.
  (3) A provisional employment authorization made under division (B) of this division is valid
for not longer than three months, but may be renewed at the discretion of the division of cannabis
control for an additional three months.
  (4) The division of cannabis control may use all available resources in establishing standards
for instant background checks.
  Sec. 3796.14. (A) The division of marijuanacannabis control may do any of the following for
any reason specified in rules adopted under section 3796.03 of the Revised Code:
  (1) Suspend, suspend without prior hearing, revoke, or refuse to renew a license or
registration it issued under this chapter or a license or a registration the state board of pharmacy
issued prior to the transfer of regulatory authority over the medical marijuana control program to the
divisionChapter 3780. of the Revised Code, as that chapter existed immediately before the effective
date of this amendment;
  (2) Refuse to issue a license;
  (3) Impose on a license holder a civil penalty in an amount to be determined by the division.
  (4) With respect to a suspension of a retail dispensary license without prior hearing, the
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division may utilize a telephone conference call to review the allegations and take a vote. The
division shall suspend a dispensary license without prior hearing only if it finds clear and convincing
evidence that continued distribution of medical marijuana and adult-use marijuana by the license
holder presents a danger of immediate 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:
  (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:
  (1) Investigate the person or entity as authorized pursuant to this chapter or the rules adopted
under this chapter;
  (2) Issue subpoenas to any person or entity for the purpose of compelling either of the
following:
  (a) The attendance and testimony of witnesses;
  (b) The production of books, accounts, papers, records, or documents.
  (D) If a person or entity fails to comply with any order of the division or the unit or a
subpoena issued by the division or the unit pursuant to this section, a judge of the court of common
pleas of the county in which the person resides or the entity may be served, on application of the
division or the unit, shall compel obedience by attachment proceedings as for contempt, as in the
case of disobedience with respect to the requirements of a subpoena issued from such court or a
refusal to testify in such court.
  (E) The Ohio investigative unit shall not inspect or investigate the premises of any person
under this section unless one or both of the following apply:
  (1) The person inspected or investigated is a license holder and either or both of the
following apply:
  (a) The division of cannabis control requests the unit to inspect or investigate.
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  (b) The inspection or investigation involves alleged criminal activity.
  (2) The unit is invited by local law enforcement having jurisdiction over the person
inspected or investigated.
  (F) Nothing in this section prohibits the Ohio investigative unit from investigating criminal
activity related to this chapter outside the premises of a license holder's cultivation, processing,
dispensing, or laboratory facilities. The authority of the Ohio investigative unit is concurrent to the
jurisdiction of any law enforcement officer to enforce this chapter.
  Sec. 3796.15. (A) The division of marijuanacannabis control and the Ohio investigative unit
shall enforce this chapter, or cause it to be enforced. If Subject to division (E) of section 3796.14 of
the Revised Code, if the division or the unit has information that this chapter or any rule adopted
under this chapter has been violated, it shall investigate the matter and take any action as it considers
appropriate.
  (B) Nothing in this chapter shall be construed to require the division to enforce minor
violations if the division determines that the public interest is adequately served by a notice or
warning to the alleged offender.
  (C) If the division suspends, revokes, or refuses to renew any license or registration issued
under this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before
the effective date of this amendment, and determines that there is clear and convincing evidence of a
danger of immediate and serious harm to any person, the division may place under seal all medical
marijuana, adult-use marijuana, and homegrown marijuana owned by or in the possession, custody,
or control of the affected license holder or registrant. Except as provided in this division, the division
of marijuanacannabis control shall not dispose of the medical marijuana, adult-use marijuana, or
homegrown marijuana sealed under this division until the license holder or registrant exhausts all of
the holder's or registrant's appeal rights under Chapter 119. of the Revised Code. The court involved
in such an appeal may order the division, during the pendency of the appeal, to sell medical
marijuana or adult-use marijuana that is perishable. The division shall deposit the proceeds of the
sale with the court.
  Sec. 3796.16. (A)(1) The division of marijuana cannabis control shall attempt in good faith
to negotiate and enter into a reciprocity agreement with any other state under which a medical
marijuana registry identification card or equivalent authorization that is issued by the other state is
recognized in this state, if the division determines that both of the following apply:
  (a) The eligibility requirements imposed by the other state for that authorization are
substantially comparable to the eligibility requirements for a patient or caregiver registration and
identification card issued under this chapter.
  (b) The other state recognizes a patient or caregiver registration and identification card
issued under this chapter.
  (2) The division shall not negotiate any agreement with any other state under which an
authorization issued by the other state is recognized in this state other than as provided in division
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(A)(1) of this section.
  (B) If a reciprocity agreement is entered into in accordance with division (A) of this section,
the authorization issued by the other state shall be recognized in this state, shall be accepted and
valid in this state, and grants the patient or caregiver the same right to use, possess, obtain, or
administer medical marijuana in this state as a patient or caregiver who was registered and issued an
identification card under this chapter.
  (C) The division may adopt any rules as necessary to implement this section.
  Sec. 3796.17. The division of marijuanacannabis control shall establish a toll-free telephone
line to respond to inquiries from adult-use consumers, medical marijuana patients, caregivers, and
health professionals regarding adverse reactions to medical marijuana and to provide information
about available services and assistance. The division may contract with a separate entity to establish
and maintain the telephone line on behalf of the division.
  Sec. 3796.18. (A)(A)(1) Notwithstanding any conflicting provision of the Revised Code and
except as provided in division (B) of this section, a licensed cultivator, including the holder of a
current, valid cultivator license issued under this chapter before the effective date of this
amendment, may do either all of the following:
  (1) (a) Cultivate medical marijuana and adult-use marijuana;
  (2) (b) Deliver, transfer, or sell medical marijuana and adult-use marijuana to one or more
licensed processorsother license holders;
  (c) Purchase or otherwise obtain medical marijuana and adult-use marijuana from other
license holders;
  (d) Acquire seeds, clones, plants, and other genetic material.
  (2) A licensed cultivator engaging in the activities authorized by this chapter shall do so
respecting both medical marijuana and adult-use marijuana.
  (B) A licensed cultivator license holder shall not cultivate medical marijuana or adult-use
marijuana for personal, family, or household use or on any public land, including a state park as
defined in section 154.01 of the Revised Code.
  (C) A licensed cultivator shall identify, package, and label all medical marijuana and adult-
use marijuana products in accordance with this chapter and any rules adopted thereunder before
delivering or selling the products to a licensed processor or licensed dispensary.
  (D) The division of cannabis control shall issue the following types of cultivation licenses:
  (1) A level I cultivator license that authorizes the license holder to operate a cultivation area
specified by the division, not to exceed one hundred thousand square feet;
  (2) A level II cultivator license that authorizes the license holder to operate a cultivation area
specified by the division, not to exceed fifteen thousand square feet.
  (E) A licensed cultivator may request and receive one or more expansions to the cultivator's
cultivation area, subject to the approval of the division, so long as the resulting total cultivation area,
including all expansions, does not exceed the applicable maximum cultivation area prescribed by
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division (D) of this section.
        Sec. 3796.19. (A)(A)(1) Notwithstanding any conflicting provision of the Revised Code, a
licensed processor, including the holder of a current, valid processor license issued under this
chapter before the effective date of this amendment, may do any all of the following:
        (1) Obtain (a) Purchase or otherwise obtain medical marijuana and adult-use marijuana from
one or more licensed cultivatorsother license holders;
        (2) (b) Subject to division (B) of this section, process medical marijuana obtained from one
or more licensed cultivators and adult-use marijuana into a form described in section 3796.06 of the
Revised Code;
        (3) (c) Deliver, transfer, or sell processed medical marijuana and adult-use marijuana to one
or more licensed retail dispensariesother license holders.
        (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
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.
        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) Obtain (a) Purchase or otherwise 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;
        (d) Sell paraphernalia that may be used in the administration of adult-use marijuana or
medical marijuana as specified in rules adopted under section 3796.03 of the Revised Code;
        (e) Provide delivery of medical marijuana in accordance with the rules adopted under section
3796.03 of the Revised Code;
        (f) Deliver, transfer, or sell medical marijuana and adult-use marijuana to other license
holders.
        (2) A licensed dispensary engaged in the activities authorized by this chapter shall do so
respecting both medical marijuana and adult-use marijuana.
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  (B) When dispensing or selling medical marijuana, a licensed retail dispensary shall do all of
the following:
  (1) Dispense or sell only upon a showing of a current, valid, government-issued
identification card and in accordance with a written recommendation issued by a physician holding a
certificate to recommend issued by the state medical board under section 4731.30 of the Revised
Code;
  (2) Report to the drug database the information required by section 4729.771 of the Revised
Code;
  (3) Label the package containing medical marijuana with the following information:
  (a) The name and address of the licensed processor and retail dispensary;
  (b) The name of the patient and caregiver, if any;
  (c) The name of the physician who recommended treatment with medical marijuana;
  (d) The directions for use, if any, as recommended by the physician;
  (e) The date on which the medical marijuana was dispensed;
  (f) The quantity, strength, kind, or form of medical marijuana contained in the package.
  (4) Maintain an adequate supply of medical marijuana products to meet typical patient
demand for those products.
  (C) When dispensing or selling adult-use marijuana to consumers, all of the following apply:
  (1) A licensed dispensary shall dispense or sell adult-use marijuana only to adult-use
consumers who present a current, valid, government-issued identification card demonstrating proof
that the adult-use consumer is twenty-one years of age or older.
  (2) No licensed dispensary shall knowingly dispense or sell more than the amount of adult-
use marijuana that may be legally possessed by an adult-use consumer under section 3796.221 of the
Revised Code to the same adult-use consumer in the same day.
  (3) A licensed dispensary shall ensure that the label of the package containing adult-use
marijuana contains all of the following information, in accordance with rules adopted by the division
of cannabis control:
  (a) The name and address of the licensed processor and retail dispensary;
  (b) A statement that the use of adult-use marijuana by individuals under twenty-one years of
age is both harmful and illegal;
  (c) The quantity, strength, kind, or form of adult-use marijuana contained in the package.
  When operating a licensed retail dispensary, both of the following apply:
  (1)(D)(1) A licensed dispensary shall use only employees who have met the training
requirements established in rules adopted under section 3796.03 of the Revised Code.
  (2) A licensed dispensary shall not make public any information it collects that identifies or
would tend to identify any specific medical marijuana patient or adult-use consumer.
  (3) A licensed dispensary shall prominently display both of the following:
  (a) A statement that the use of adult-use or homegrown marijuana by individuals under
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twenty-one years of age is both harmful and illegal;
        (b) Information about the addictive qualities of marijuana and the potential negative health
consequences associated with its use.
        Sec. 3796.21. (A) Notwithstanding any conflicting provision of the Revised Code, a licensed
laboratory, including the holder of a current, valid laboratory license issued under this chapter may
before the effective date of this amendment, shall do both of the following:
        (1) Obtain medical marijuana and adult-use marijuana from one or more licensed cultivators,
licensed processors, and retail licensed dispensaries licensed under this chapter;
        (2) Conduct medical marijuana testing in the manner specified in rules adopted under section
3796.03 of the Revised Code.
        (B) When testing medical marijuana or adult-use marijuana, a licensed laboratory shall do
both of the following:
        (1) Test the marijuana for potency, homogeneity, and contamination;
        (2) Prepare a report of the test results.
        Sec. 3796.22. (A) Notwithstanding any conflicting provision of the Revised Code, a patient
registered under this chapter who obtains medical marijuana from a retail licensed dispensary
licensed under in accordance with this chapter may do both all of the following:
        (1) Use medical marijuana;
        (2) Possess medical marijuana, subject to division (B) of this section;
        (3) Possess any paraphernalia or accessories that may be used in the administration of
medical marijuana, as specified in rules adopted under section 3796.03 of the Revised Code.
        (B) The amount of medical marijuana possessed by a registered patient shall not exceed a
ninety-day supply, as specified in rules adopted under section 3796.03 of the Revised Code.
        (C) A registered patient shall not be subject to arrest or criminal prosecution for doing any
either of the following in accordance with this chapter:
        (1) Obtaining, using, or possessing medical marijuana;
        (2) Possessing any paraphernalia or accessories that may be used in the administration of
medical marijuana, as specified in rules adopted under section 3796.03 of the Revised Code.
        (D) This section does not authorize a registered patient to operate a vehicle, streetcar,
trackless trolley, watercraft, or aircraft while under the influence of medical marijuana.
        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;
        (4) Transfer adult-use and homegrown marijuana to another adult-use consumer if all of the
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following apply:
  (a) The transfer is without remuneration.
  (b) The amount transferred to the same adult-use consumer in the same day does not exceed
either of the following:
  (i) Two and one-half ounces of plant material, excluding any seeds, live plants, or clones
being cultivated, grown, or possessed in accordance with section 3796.04 of the Revised Code;
  (ii) Fifteen grams of extract.
  (c) The transfer occurs at privately owned real property that is used primarily for residential
or agricultural purposes, including any dwellings, facilities, improvements, and appurtenances on
such real property.
  (B) No person shall knowingly possess more than the following cumulative amounts of
homegrown marijuana and adult-use marijuana:
  (1) Two and one-half ounces of plant material, excluding any seeds, live plants, or clones
being cultivated, grown, or possessed in accordance with section 3796.04 of the Revised Code;
  (2) Fifteen grams of extract.
  (C) Except as expressly authorized under division (A)(4) of this section, no person other than
a license holder shall knowingly give, sell, or transfer adult-use or homegrown marijuana to any
other person, with or without remuneration.
  (D) Subject to divisions (B) and (C) 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.
  (E) 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
dispensary licensed under this chapter may do both any of the following:
  (1) Possess medical marijuana on behalf of a registered patient under the caregiver's care,
subject to division (B) of this section;
  (2) Assist a registered patient under the caregiver's care in the use or administration of
medical marijuana;
  (3) Possess any paraphernalia or accessories specified in rules adopted under section 3796.03
of the Revised Code.
  (B) The amount of medical marijuana possessed by a registered caregiver on behalf of a
registered patient shall not exceed a ninety-day supply, as specified in rules adopted under section
3796.03 of the Revised Code. If a caregiver provides care to more than one registered patient, the
caregiver shall maintain separate inventories of medical marijuana for each patient.
  (C) A registered caregiver shall not be subject to arrest or criminal prosecution for doing any
of following in accordance with this chapter:
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  (1) Obtaining or possessing medical marijuana on behalf of a registered patient;
  (2) Assisting a registered patient in the use or administration of medical marijuana;
  (3) Possessing any paraphernalia or accessories specified in rules adopted under section
3796.03 of the Revised Code.
  (D) This section does not permit a registered caregiver to personally use medical marijuana,
unless the caregiver is also a registered patient.
  Sec. 3796.24. (A) The holder of a license, as defined in section 4776.01 of the Revised
Code, is not subject to professional disciplinary action solely for engaging in professional or
occupational activities related to medical marijuana.
  (B) Unless there is clear and convincing evidence that a child is unsafe, the use, possession,
or administration of medical marijuana in accordance with this chapter shall not be the sole or
primary basis for any of the following:
  (1) An adjudication under section 2151.28 of the Revised Code determining that a child is an
abused, neglected, or dependent child;
  (2) An allocation of parental rights and responsibilities under section 3109.04 of the Revised
Code;
  (3) A parenting time order under section 3109.051 or 3109.12 of the Revised Code.
  (C) Notwithstanding any conflicting provision of the Revised Code, the use or possession of
medical marijuana in accordance with this chapter shall not be used as a reason for disqualifying a
patient from medical care or from including a patient on a transplant waiting list.
  (D) Notwithstanding any conflicting provision of the Revised Code, the use, possession,
administration, cultivation, processing, testing, or dispensing of medical marijuana in accordance
with this chapter shall not be used as the sole or primary reason for taking action under any criminal
or civil statute in the forfeiture or seizure of any property or asset.
  (E) Notwithstanding any conflicting provision of the Revised Code, a person's status as a
registered patient or caregiver 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 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 either of the following, as long as such prohibition is included in the applicable
lease agreement:
  (1) Consumption of marijuana in a residential premises or common areas by smoking,
combustion, or vaporization;
  (2) Cultivation or growth of homegrown marijuana.
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  (G) Except for unemployment compensation benefits under Chapter 4141. of the Revised
Code, including as prescribed under division (B) of section 3796.28 of the Revised Code, the use or
possession of medical marijuana, adult-use 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:
  (1) Require a physician to recommend that a patient use medical marijuana to treat a
qualifying medical condition;
  (2) Permit the use, possession, or administration of medical marijuana, adult-use marijuana,
or homegrown marijuana other than as authorized by this chapter;
  (3) Permit the use, possession, or administration of medical marijuana, adult-use marijuana,
or homegrown marijuana on federal land located in this state;
  (4) Require any public place to accommodate a registered patient's use of medical marijuana
or an adult-use consumer's use of adult-use marijuana or homegrown marijuana;
  (5) Prohibit any public place from accommodating a registered patient's use of medical
marijuana, except that no public place shall accommodate consumption of medical marijuana by
smoking, combustion, or vaporization;
  (6) Restrict 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.
  (I) It is the public policy of this state that contracts related to license holders are enforceable.
  Sec. 3796.27. (A) As used in this section:
  (1) "Financial institution" means any of the following:
  (a) Any bank, trust company, savings and loan association, savings bank, or credit union or
any affiliate, agent, or employee of a bank, trust company, savings and loan association, savings
bank, or credit union;
  (b) Any money transmitter licensed under sections 1315.01 to 1315.18 of the Revised Code
or any affiliate, agent, or employee of such a licensee.
  (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
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compliance with this chapter and the applicable tax laws of this state.
  (C)(1) Notwithstanding section 149.43 of the Revised Code or any other public records law
to the contrary, upon the request of a financial institution, the division of marijuana control shall
provide to the financial institution all of the following information:
  (a) Whether a person with whom the financial institution is seeking to do business is a
cultivator, processor, retail dispensary, or laboratory licensed under this chapterlicense holder;
  (b) The name of any other business or individual affiliated with the person;
  (c) An unredacted copy of the application for a license under this chapter or under Chapter
3780. of the Revised Code, as that chapter existed immediately before the effective date of this
amendment, and any supporting documentation, that was submitted by the person;
  (d) If applicable, information relating to sales and volume of product sold by the person;
  (e) Whether the person is in compliance with this chapter;
  (f) Any past or pending violation by the person of this chapter or Chapter 3780. of the
Revised Code, as that chapter existed immediately before the effective date of this amendment, and
any penalty imposed on the person for such a violation.
  (2) The division may charge a financial institution a reasonable fee to cover the
administrative cost of providing the information.
  (D) Information received by a financial institution under division (C) of this section is
confidential. Except as otherwise permitted by other state law or federal law, a financial institution
shall not make the information available to any person other than the customer to whom the
information applies and any trustee, conservator, guardian, personal representative, or agent of that
customer.
  Sec. 3796.28. (A) Nothing in this chapter does any of the following:
  (1) Requires an employer to permit or accommodate an employee's use, possession, or
distribution of medical marijuana;
  (2) Prohibits an employer from refusing to hire, discharging, disciplining, or otherwise
taking an adverse employment action against a person with respect to hire, tenure, terms, conditions,
or privileges of employment because of that person's use, possession, or distribution of medical
marijuana;
  (3) Prohibits an employer from establishing and enforcing a drug testing policy, drug-free
workplace policy, or zero-tolerance drug policy;
  (4) Interferes with any federal restrictions on employment, including the regulations adopted
by the United States department of transportation in Title 49 of the Code of Federal Regulations, as
amended;
  (5) Permits a person to commence a cause of action against an employer for refusing to hire,
discharging, disciplining, discriminating, retaliating, or otherwise taking an adverse employment
action against a person with respect to hire, tenure, terms, conditions, or privileges of employment
related to medical marijuana;
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  (6) Affects the authority of the administrator of workers' compensation to grant rebates or
discounts on premium rates to employers that participate in a drug-free workplace program
established in accordance with rules adopted by the administrator under Chapter 4123. of the
Revised Code.
  (B) A person who is discharged from employment because of that person's use of medical
marijuana shall be considered to have been discharged for just cause for purposes of division (D) of
section 4141.29 of the Revised Code and shall be ineligible to serve a waiting period or to be paid
benefits for the duration of the individual's unemployment as described in 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.
  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;
  (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 marijuanacannabis 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, 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.
  "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 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 cannabis control may adopt rules regulating the
advertisement of adult-use marijuana and medical marijuana to prevent advertisements that are false,
misleading, targeted to minors, attractive 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
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advertisement of tobacco or alcohol.
  (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) No person shall place or maintain, or caused to be placed or maintained, an
advertisement that asserts or suggests that adult-use marijuana has any health or therapeutic benefits.
  (F)(1) Subject to division (F)(2) of this section, no person shall place or maintain, or cause to
be placed or maintained, an advertisement for medical or adult-use marijuana 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.
  (2) Division (F)(1) of this section does not apply to signage on the facility of a license
holder.
  (G)(1) No person shall advertise medical or adult-use marijuana using names, logos, signs,
or materials that have not been submitted to, and approved by, the division in accordance with rules
adopted under this section.
  (2) The division shall either approve or deny such names, logos, signs, or materials within
twenty-one business days after receiving the submission.
  (3) If the division does not deny a submission within twenty-one business days, the
submitted names, logos, signs, or materials shall be considered approved.
  (H) 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 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;
  (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
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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.
        (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. 3780.37 3796.34. (A) As used in this section, "nonprofit corporation" has the same
meaning as in section 1702.01 of the Revised Code.
        (B) The division of cannabis marijuana control shall contract with a statewide nonprofit
corporation for the development and implementation of cannabis and related drug misuse
prevention, education, and public awareness initiatives driven by data, evaluation, and research. The
contract must include a provision specifying a percentage of the total funding for the initiatives, not
less than ten per cent, to be raised by the statewide nonprofit corporation through private
contributions.
        (C) The initiatives may include all of the following:
        (1) Providing evidence-based information on the potential health effects of cannabis and
related drug use among minors;
        (2) Disseminating educational resources regarding the risks associated with cannabis and
related drug use during pregnancy;
        (3) Conducting campaigns to inform the public about the dangers and legal consequences of
driving under the influence of cannabis and related drugs;
        (4) Collaborating with employers and industry groups to develop and distribute evidence-
based resources to improve the health of Ohio's workforce and promote workplace safety and
recovery initiatives focused on cannabis and related drug misuse.
        (D) The division shall oversee and evaluate the effectiveness of the initiatives undertaken
pursuant to this section and shall ensure that those initiatives align with the public health and safety
objectives of this state.
        (E) The division shall annually compile a report detailing activities, use of funds, and
measurable outcomes resulting from the initiatives undertaken pursuant to this section. The division
shall submit the report to the general assembly in accordance with section 101.68 of the Revised
Code.
        Sec. 3796.40. (A) Terms used in this section have the same meanings as in section 5739.01
of the Revised Code.
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  (B) For the purpose of funding the needs of the state and local governments that host adult-
use marijuana dispensaries, an excise tax is levied on the retail sale of adult-use marijuana. The rate
of the tax shall equal ten per cent of the price of adult-use marijuana and is in addition to taxes
levied under Chapters 5739. and 5741. of the Revised Code.
  (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 tax to the state in the same manner and at the same time the vendor
reports and remits the tax levied under Chapter 5739. of the Revised Code. The return required by
this division shall be filed on a form prescribed by the tax commissioner, which shall be separate
from the return required to be filed under section 5739.12 of the Revised Code. The tax levied under
this section shall be collected consistent with Chapters 5703. and 5739. of the Revised Code.
  (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 marijuana other than adult-use marijuana or medical marijuana to a
consumer. That tax equals ten per cent of the price of such marijuana, and the consumer and vendor
are liable for any amounts, including tax, interest, and penalties, imposed under this section and
chapter in the same manner as vendors subject to the tax imposed under division (B) of this section.
  (E) All amounts collected from a tax levied under this section shall be deposited into the
adult use tax fund, which is created in the state treasury.
  From the adult use tax fund, the director of budget and management shall transfer as needed
to the tax refund fund amounts equal to the refunds attributable to the tax levied under this section
and certified by the tax commissioner.
  (F) After making any transfers required under division (E) of this section, the director of
budget and management shall transfer amounts remaining in the adult use tax fund as follows:
  (1) Sixty-four per cent to the general revenue fund;
  (2) Thirty-six per cent to the host community cannabis fund, which is created in the state
treasury, for the benefit of municipal corporations or townships that have at least one licensed
dispensary. 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.
  The tax commissioner shall make distributions under this division by the end of each month
based on tax collections from the preceding month.
  (G) The tax commissioner may prescribe all forms and adopt all rules necessary to
administer the tax authorized under this section.
  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, 4511.194, 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 a vehicle, streetcar, trackless trolley, watercraft, or aircraft when the operator is operating or has
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physical control of the vehicle, streetcar, trackless trolley, watercraft, or aircraft is guilty of a
misdemeanor of the third degree.
  (B) Except as otherwise provided in division (A) of this section, whoever violates division
(C)(2) or (3)(a), (b), or (d) of section 3796.06 of the Revised Code is guilty of a minor misdemeanor.
  (C)(1)(a) Except as provided in division (C)(1)(b) of this section, whoever violates division
(F) of section 3796.06 of the Revised Code is guilty of a misdemeanor of the first degree.
  (b) An offender who has previously been convicted of, or pleaded guilty to, a violation of
division (F) of section 3796.06 of the Revised Code, is guilty of a felony of the fifth degree.
  (2) The division of cannabis control shall immediately revoke the license of any license
holder under this chapter who is found guilty of, or who pleads guilty or no contest to, violating
division (F) of section 3796.06 of the Revised Code.
  (D) Whoever violates division (B) of section 3796.221 of the Revised Code is guilty of
possession of marijuana under section 2925.11 of the Revised Code.
  (E) Whoever violates division (C) of section 3796.04 of the Revised Code is guilty of illegal
cultivation of marijuana under section 2925.04 of the Revised Code.
  (F) Whoever violates division (I) of section 3796.09, division (I) of section 3796.10, division
(C)(2) of section 3796.20, or division (C) of section 3796.221 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.
  (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 adult-use
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 adult-use 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 five hundred dollars nor more than one thousand dollars.
  (b)(i) The court also may impose a class seven suspension of the offender's driver's or
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commercial driver's license or permit, or nonresident operating privilege, from the range specified in
division (A)(7) of section 4510.02 of the Revised Code.
  (ii) The court, in lieu of suspending the offender's temporary instruction permit, probationary
driver's license, or driver's license, instead may order the offender to perform a determinate number
of hours of community service, with the court determining the actual number of hours and the nature
of the community service the offender shall perform.
  (4)(a) An offender who has previously been convicted of or pleaded guilty to two or more
violations of division (G) of section 3796.06 of the Revised Code by knowingly presenting to an
adult-use 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 five hundred
dollars nor more than one thousand dollars.
  (b)(i) The court also may impose a class six suspension of the offender's driver's or
commercial driver's license or permit or nonresident operating privilege from the range specified in
division (A)(6) of section 4510.02 of the Revised Code, and the court may order that the suspension
or denial remain in effect until the offender attains the age of twenty-one years.
  (ii) The court, in lieu of suspending the offender's temporary instruction permit, probationary
driver's license, or driver's license, instead may order the offender to perform a determinate number
of hours of community service, with the court determining the actual number of hours and the nature
of the community service the offender shall perform.
  (5) The financial sanctions required by divisions (G)(2) to (4) of this section are in lieu of the
financial sanctions described in division (A)(2) of section 2929.28 of the Revised Code but are in
addition to any other sanctions or penalties that may apply to the offender, including other financial
sanctions under that section or a jail term under section 2929.24 of the Revised Code.
  (H)(1) Except as otherwise provided in division (H)(2) of this section, whoever violates
division (G) of section 3796.06 of the Revised Code by knowingly soliciting another person to
purchase adult-use marijuana from an adult-use dispensary licensed under this chapter is guilty of a
misdemeanor of the fourth degree.
  (2) 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 soliciting another individual to
purchase adult-use marijuana from an adult-use dispensary licensed under this chapter is guilty of a
misdemeanor of the second degree.
  (I) Whoever violates division (A), (B), or (C) of section 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. 4506.01. As used in this chapter:
        (A) "Alcohol concentration" means the concentration of alcohol in a person's blood, breath,
or urine. When expressed as a percentage, it means grams of alcohol per the following:
        (1) One hundred milliliters of whole blood, blood serum, or blood plasma;
        (2) Two hundred ten liters of breath;
        (3) One hundred milliliters of urine.
        (B) "Commercial driver's license" means a license issued in accordance with this chapter that
authorizes an individual to drive a commercial motor vehicle.
        (C) "Commercial driver's license information system" means the information system
established pursuant to the requirements of the "Commercial Motor Vehicle Safety Act of 1986,"
100 Stat. 3207-171, 49 U.S.C.A. App. 2701.
        (D) Except when used in section 4506.25 of the Revised Code, "commercial motor vehicle"
means any motor vehicle designed or used to transport persons or property that meets any of the
following qualifications:
        (1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle
weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight or gross
vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;
        (2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of twenty-
six thousand one pounds or more;
        (3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but
is designed to transport sixteen or more passengers including the driver;
        (4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than
twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including
the driver;
        (5) Is transporting hazardous materials for which placarding is required under subpart F of
49 C.F.R. part 172, as amended;
        (6) Any single vehicle or combination of vehicles that is designed to be operated and to
travel on a public street or highway and is considered by the federal motor carrier safety
administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a
vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.
        (E) "Controlled substance" means all of the following:
        (1) Any substance classified as a controlled substance under the "Controlled Substances
Act," 80 Stat. 1242 (1970), 21 U.S.C.A. 802(6), as amended;
        (2) Any substance included in schedules I through V of 21 C.F.R. part 1308, as amended;
        (3) Any drug of abuse.
        (F) "Conviction" means an unvacated adjudication of guilt or a determination that a person
has violated or failed to comply with the law in a court of original jurisdiction or an authorized
administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's
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appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine
or court cost, or violation of a condition of release without bail, regardless of whether or not the
penalty is rebated, suspended, or probated.
        (G) "Disqualification" means any of the following:
        (1) The suspension, revocation, or cancellation of a person's privileges to operate a
commercial motor vehicle;
        (2) Any withdrawal of a person's privileges to operate a commercial motor vehicle as the
result of a violation of state or local law relating to motor vehicle traffic control other than parking,
vehicle weight, or vehicle defect violations;
        (3) A determination by the federal motor carrier safety administration that a person is not
qualified to operate a commercial motor vehicle under 49 C.F.R. 391.
        (H) "Domiciled" means having a true, fixed, principal, and permanent residence to which an
individual intends to return.
        (I) "Downgrade" means any of the following, as applicable:
        (1) A change in the commercial driver's license, or commercial driver's license temporary
instruction permit, holder's self-certified status as described in division (A)(1) of section 4506.10 of
the Revised Code;
        (2) A change to a lesser class of vehicle;
        (3) Removal of commercial driver's license privileges from the individual's driver's license;
        (4) A change in the commercial driver's license, or commercial driver's license temporary
instruction permit, holder's privileges as described in division (F)(1) of section 4506.13 of the
Revised Code.
        (J) "Drive" means to drive, operate, or be in physical control of a motor vehicle.
        (K) "Driver" means any person who drives, operates, or is in physical control of a
commercial motor vehicle or is required to have a commercial driver's license.
        (L) "Driver's license" means a license issued by the bureau of motor vehicles that authorizes
an individual to drive.
        (M) "Drug of abuse" means any controlled substance, dangerous drug as defined in section
4729.01 of the Revised Code, harmful intoxicant as defined in section 2925.01 of the Revised Code,
drinkable cannabinoid product as defined in section 3779.21 of the Revised Code, or over-the-
counter medication that, when taken in quantities exceeding the recommended dosage, can result in
impairment of judgment or reflexes.
        (N) "Electronic device" includes a cellular telephone, a personal digital assistant, a pager, a
computer, and any other device used to input, write, send, receive, or read text.
        (O) "Eligible unit of local government" means a village, township, or county that has a
population of not more than three thousand persons according to the most recent federal census.
        (P) "Employer" means any person, including the federal government, any state, and a
political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person
Am. Sub. S. B. No. 56  136th G.A.
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to drive such a motor vehicle.
        (Q) "Endorsement" means an authorization on a person's commercial driver's license that is
required to permit the person to operate a specified type of commercial motor vehicle.
        (R) "Farm truck" means a truck controlled and operated by a farmer for use in the
transportation to or from a farm, for a distance of not more than one hundred fifty miles, of products
of the farm, including livestock and its products, poultry and its products, floricultural and
horticultural products, and in the transportation to the farm, from a distance of not more than one
hundred fifty miles, of supplies for the farm, including tile, fence, and every other thing or
commodity used in agricultural, floricultural, horticultural, livestock, and poultry production, and
livestock, poultry, and other animals and things used for breeding, feeding, or other purposes
connected with the operation of the farm, when the truck is operated in accordance with this division
and is not used in the operations of a motor carrier, as defined in section 4923.01 of the Revised
Code.
        (S) "Fatality" means the death of a person as the result of a motor vehicle accident occurring
not more than three hundred sixty-five days prior to the date of death.
        (T) "Felony" means any offense under federal or state law that is punishable by death or
specifically classified as a felony under the law of this state, regardless of the penalty that may be
imposed.
        (U) "Foreign jurisdiction" means any jurisdiction other than a state.
        (V) "Gross vehicle weight rating" means the value specified by the manufacturer as the
maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a
combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle
weight rating of each towed unit.
        (W) "Hazardous materials" means any material that has been designated as hazardous under
49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity
of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended.
        (X) "Imminent hazard" means the existence of a condition that presents a substantial
likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health,
property, or the environment may occur before the reasonably foreseeable completion date of a
formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
        (Y) "Medical variance" means one of the following received by a driver from the federal
motor carrier safety administration that allows the driver to be issued a medical certificate:
        (1) An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R.
381, subpart C or 49 C.F.R. 391.64;
        (2) A skill performance evaluation certificate permitting operation of a commercial motor
vehicle pursuant to 49 C.F.R. 391.49.
        (Z) "Mobile telephone" means a mobile communication device that falls under or uses any
commercial mobile radio service as defined in 47 C.F.R. 20, except that mobile telephone does not
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include two-way or citizens band radio services.
  (AA) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or
drawn by mechanical power used on highways, except that such term does not include a vehicle,
machine, tractor, trailer, or semitrailer operated exclusively on a rail.
  (BB) "Out-of-service order" means a declaration by an authorized enforcement officer of a
federal, state, local, Canadian, or Mexican jurisdiction declaring that a driver, commercial motor
vehicle, or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.
  (CC) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
  (DD) "Portable tank" means a liquid or gaseous packaging designed primarily to be loaded
onto or temporarily attached to a vehicle and equipped with skids, mountings, or accessories to
facilitate handling of the tank by mechanical means.
  (EE) "Public safety vehicle" has the same meaning as in divisions (E)(1) and (3) of section
4511.01 of the Revised Code.
  (FF) "Recreational vehicle" includes every vehicle that is defined as a recreational vehicle in
section 4501.01 of the Revised Code and is used exclusively for purposes other than engaging in
business for profit.
  (GG) "Residence" means any person's residence determined in accordance with standards
prescribed in rules adopted by the registrar.
  (HH) "School bus" has the same meaning as in section 4511.01 of the Revised Code.
  (II) "Serious traffic violation" means any of the following:
  (1) A conviction arising from a single charge of operating a commercial motor vehicle in
violation of any provision of section 4506.03 of the Revised Code;
  (2)(a) Except as provided in division (II)(2)(b) of this section, a violation while operating a
commercial motor vehicle of a law of this state, or any municipal ordinance or county or township
resolution, or any other substantially similar law of another state or political subdivision of another
state prohibiting either of the following:
  (i) Texting while driving;
  (ii) Using a handheld mobile telephone.
  (b) It is not a serious traffic violation if the person was texting or using a handheld mobile
telephone to contact law enforcement or other emergency services.
  (3) A conviction arising from the operation of any motor vehicle that involves any of the
following:
  (a) A single charge of any speed in excess of the posted speed limit by fifteen miles per hour
or more;
  (b) Violation of section 4511.20 or 4511.201 of the Revised Code or any similar ordinance
or resolution, or of any similar law of another state or political subdivision of another state;
  (c) Violation of a law of this state or an ordinance or resolution relating to traffic control,
other than a parking violation, or of any similar law of another state or political subdivision of
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another state, that results in a fatal accident;
        (d) Violation of section 4506.03 of the Revised Code or a substantially similar municipal
ordinance or county or township resolution, or of any similar law of another state or political
subdivision of another state, that involves the operation of a commercial motor vehicle without a
valid commercial driver's license with the proper class or endorsement for the specific vehicle group
being operated or for the passengers or type of cargo being transported;
        (e) Violation of section 4506.03 of the Revised Code or a substantially similar municipal
ordinance or county or township resolution, or of any similar law of another state or political
subdivision of another state, that involves the operation of a commercial motor vehicle without a
valid commercial driver's license being in the person's possession;
        (f) Violation of section 4511.33 or 4511.34 of the Revised Code, or any municipal ordinance
or county or township resolution substantially similar to either of those sections, or any substantially
similar law of another state or political subdivision of another state;
        (g) Violation of any other law of this state, any law of another state, or any ordinance or
resolution of a political subdivision of this state or another state that meets both of the following
requirements:
        (i) It relates to traffic control, other than a parking violation;
        (ii) It is determined to be a serious traffic violation by the United States secretary of
transportation and is designated by the director as such by rule.
        (JJ) "State" means a state of the United States and includes the District of Columbia.
        (KK) "Tank vehicle" means any commercial motor vehicle that is designed to transport any
liquid or gaseous materials within a tank or tanks that are either permanently or temporarily attached
to the vehicle or its chassis and have an individual rated capacity of more than one hundred nineteen
gallons and an aggregate rated capacity of one thousand gallons or more. "Tank vehicle" does not
include a commercial motor vehicle transporting an empty storage container tank that is not
designed for transportation, has a rated capacity of one thousand gallons or more, and is temporarily
attached to a flatbed trailer.
        (LL) "Tester" means a person or entity acting pursuant to a valid agreement entered into
pursuant to division (B) of section 4506.09 of the Revised Code.
        (MM) "Texting" means manually entering alphanumeric text into, or reading text from, an
electronic device. Texting includes short message service, e-mail, instant messaging, a command or
request to access a world wide web page, pressing more than a single button to initiate or terminate a
voice communication using a mobile telephone, or engaging in any other form of electronic text
retrieval or entry, for present or future communication. Texting does not include the following:
        (1) Using voice commands to initiate, receive, or terminate a voice communication using a
mobile telephone;
        (2) Inputting, selecting, or reading information on a global positioning system or navigation
system;
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  (3) Pressing a single button to initiate or terminate a voice communication using a mobile
telephone; or
  (4) Using, for a purpose that is not otherwise prohibited by law, a device capable of
performing multiple functions, such as a fleet management system, a dispatching device, a mobile
telephone, a citizens band radio, or a music player.
  (NN) "Texting while driving" means texting while operating a commercial motor vehicle,
with the motor running, including while temporarily stationary because of traffic, a traffic control
device, or other momentary delays. Texting while driving does not include operating a commercial
motor vehicle with or without the motor running when the driver has moved the vehicle to the side
of, or off, a highway and is stopped in a location where the vehicle can safely remain stationary.
  (OO) "United States" means the fifty states and the District of Columbia.
  (PP) "Upgrade" means a change in the class of vehicles, endorsements, or self-certified
status as described in division (A)(1) of section 4506.10 of the Revised Code, that expands the
ability of a current commercial driver's license holder to operate commercial motor vehicles under
this chapter.
  (QQ) "Use of a handheld mobile telephone" means:
  (1) Using at least one hand to hold a mobile telephone to conduct a voice communication;
  (2) Dialing or answering a mobile telephone by pressing more than a single button; or
  (3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that
the driver is no longer in a seated driving position, or restrained by a seat belt that is installed in
accordance with 49 C.F.R. 393.93 and adjusted in accordance with the vehicle manufacturer's
instructions.
  (RR) "Vehicle" has the same meaning as in section 4511.01 of the Revised Code.
  Sec. 4729.01. As used in this chapter:
  (A) "Pharmacy," except when used in a context that refers to the practice of pharmacy,
means any area, room, rooms, place of business, department, or portion of any of the foregoing
where the practice of pharmacy is conducted.
  (B) "Practice of pharmacy" means providing pharmacist care requiring specialized
knowledge, judgment, and skill derived from the principles of biological, chemical, behavioral,
social, pharmaceutical, and clinical sciences. As used in this division, "pharmacist care" includes the
following:
  (1) Interpreting prescriptions;
  (2) Dispensing drugs and drug therapy related devices;
  (3) Compounding drugs;
  (4) Counseling individuals with regard to their drug therapy, recommending drug therapy
related devices, and assisting in the selection of drugs and appliances for treatment of common
diseases and injuries and providing instruction in the proper use of the drugs and appliances;
  (5) Performing drug regimen reviews with individuals by discussing all of the drugs that the
Am. Sub. S. B. No. 56  136th G.A.
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individual is taking and explaining the interactions of the drugs;
        (6) Performing drug utilization reviews with licensed health professionals authorized to
prescribe drugs when the pharmacist determines that an individual with a prescription has a drug
regimen that warrants additional discussion with the prescriber;
        (7) Advising an individual and the health care professionals treating an individual with
regard to the individual's drug therapy;
        (8) Acting pursuant to a consult agreement, if an agreement has been established;
        (9) Engaging in the administration of immunizations to the extent authorized by section
4729.41 of the Revised Code;
        (10) Engaging in the administration of drugs to the extent authorized by section 4729.45 of
the Revised Code.
        (C) "Compounding" means the preparation, mixing, assembling, packaging, and labeling of
one or more drugs in any of the following circumstances:
        (1) Pursuant to a prescription issued by a licensed health professional authorized to prescribe
drugs;
        (2) Pursuant to the modification of a prescription made in accordance with a consult
agreement;
        (3) As an incident to research, teaching activities, or chemical analysis;
        (4) In anticipation of orders for drugs pursuant to prescriptions, based on routine, regularly
observed dispensing patterns;
        (5) Pursuant to a request made by a licensed health professional authorized to prescribe
drugs for a drug that is to be used by the professional for the purpose of direct administration to
patients in the course of the professional's practice, if all of the following apply:
        (a) At the time the request is made, the drug is not commercially available regardless of the
reason that the drug is not available, including the absence of a manufacturer for the drug or the lack
of a readily available supply of the drug from a manufacturer.
        (b) A limited quantity of the drug is compounded and provided to the professional.
        (c) The drug is compounded and provided to the professional as an occasional exception to
the normal practice of dispensing drugs pursuant to patient-specific prescriptions.
        (D) "Consult agreement" means an agreement that has been entered into under section
4729.39 of the Revised Code.
        (E) "Drug" means:
        (1) Any article recognized in the United States pharmacopoeia and national formulary, or
any supplement to them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in humans or animals;
        (2) Any other article intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in humans or animals;
        (3) Any article, other than food, intended to affect the structure or any function of the body
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of humans or animals;
  (4) Any article intended for use as a component of any article specified in division (E)(1),
(2), or (3) of this section; but does not include devices or their components, parts, or accessories.
  "Drug" does not include "hemp" or a "hemp product" as those terms are that term is defined
in section 928.01 of the Revised Code.
  (F) "Dangerous drug" means any of the following:
  (1) Any drug to which either of the following applies:
  (a) Under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A.
301, as amended, the drug is required to bear a label containing the legend "Caution: Federal law
prohibits dispensing without prescription" or "Caution: Federal law restricts this drug to use by or on
the order of a licensed veterinarian" or any similar restrictive statement, or the drug may be
dispensed only upon a prescription;
  (b) Under Chapter 3715. or 3719. of the Revised Code, the drug may be dispensed only upon
a prescription.
  (2) Any drug that contains a schedule V controlled substance and that is exempt from
Chapter 3719. of the Revised Code or to which that chapter does not apply;
  (3) Any drug intended for administration by injection into the human body other than
through a natural orifice of the human body;
  (4) Any drug that is a biological product, as defined in section 3715.01 of the Revised Code.
  (G) "Federal drug abuse control laws" has the same meaning as in section 3719.01 of the
Revised Code.
  (H) "Prescription" means all of the following:
  (1) A written, electronic, or oral order for drugs or combinations or mixtures of drugs to be
used by a particular individual or for treating a particular animal, issued by a licensed health
professional authorized to prescribe drugs;
  (2) For purposes of sections 4723.4810, 4729.282, 4730.432, and 4731.93 of the Revised
Code, a written, electronic, or oral order for a drug to treat chlamydia, gonorrhea, or trichomoniasis
issued to and in the name of a patient who is not the intended user of the drug but is the sexual
partner of the intended user;
  (3) For purposes of sections 3313.7110, 3313.7111, 3314.143, 3326.28, 3328.29, 4723.483,
4729.88, 4730.433, 4731.96, and 5180.26 of the Revised Code, a written, electronic, or oral order
for an epinephrine autoinjector issued to and in the name of a school, school district, or camp;
  (4) For purposes of Chapter 3728. and sections 4723.483, 4729.88, 4730.433, and 4731.96 of
the Revised Code, a written, electronic, or oral order for an epinephrine autoinjector issued to and in
the name of a qualified entity, as defined in section 3728.01 of the Revised Code;
  (5) For purposes of sections 3313.7115, 3313.7116, 3314.147, 3326.60, 3328.38, 4723.4811,
4730.437, 4731.92, and 5180.262 of the Revised Code, a written, electronic, or oral order for
injectable or nasally administered glucagon in the name of a school, school district, or camp.
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  (I) "Licensed health professional authorized to prescribe drugs" or "prescriber" means an
individual who is authorized by law to prescribe drugs or dangerous drugs or drug therapy related
devices in the course of the individual's professional practice, including only the following:
  (1) A dentist licensed under Chapter 4715. of the Revised Code;
  (2) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who
holds a current, valid license issued under Chapter 4723. of the Revised Code to practice nursing as
an advanced practice registered nurse;
  (3) A certified registered nurse anesthetist who holds a current, valid license issued under
Chapter 4723. of the Revised Code to practice nursing as an advanced practice registered nurse, but
only to the extent of the nurse's authority under sections 4723.43 and 4723.434 of the Revised Code;
  (4) An optometrist licensed under Chapter 4725. of the Revised Code to practice optometry;
  (5) A physician authorized under Chapter 4731. of the Revised Code to practice medicine
and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery;
  (6) A physician assistant who holds a license to practice as a physician assistant issued under
Chapter 4730. of the Revised Code, holds a valid prescriber number issued by the state medical
board, and has been granted physician-delegated prescriptive authority;
  (7) A veterinarian licensed under Chapter 4741. of the Revised Code;
  (8) A certified mental health assistant licensed under Chapter 4772. of the Revised Code
who has been granted physician-delegated prescriptive authority by the physician supervising the
certified mental health assistant.
  (J) "Sale" or "sell" includes any transaction made by any person, whether as principal
proprietor, agent, or employee, to do or offer to do any of the following: deliver, distribute, broker,
exchange, gift or otherwise give away, or transfer, whether the transfer is by passage of title,
physical movement, or both.
  (K) "Wholesale sale" and "sale at wholesale" mean any sale in which the purpose of the
purchaser is to resell the article purchased or received by the purchaser.
  (L) "Retail sale" and "sale at retail" mean any sale other than a wholesale sale or sale at
wholesale.
  (M) "Retail seller" means any person that sells any dangerous drug to consumers without
assuming control over and responsibility for its administration. Mere advice or instructions
regarding administration do not constitute control or establish responsibility.
  (N) "Price information" means the price charged for a prescription for a particular drug
product and, in an easily understandable manner, all of the following:
  (1) The proprietary name of the drug product;
  (2) The established (generic) name of the drug product;
  (3) The strength of the drug product if the product contains a single active ingredient or if the
drug product contains more than one active ingredient and a relevant strength can be associated with
the product without indicating each active ingredient. The established name and quantity of each
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active ingredient are required if such a relevant strength cannot be so associated with a drug product
containing more than one ingredient.
  (4) The dosage form;
  (5) The price charged for a specific quantity of the drug product. The stated price shall
include all charges to the consumer, including, but not limited to, the cost of the drug product,
professional fees, handling fees, if any, and a statement identifying professional services routinely
furnished by the pharmacy. Any mailing fees and delivery fees may be stated separately without
repetition. The information shall not be false or misleading.
  (O) "Wholesale distributor of dangerous drugs" or "wholesale distributor" means a person
engaged in the sale of dangerous drugs at wholesale and includes any agent or employee of such a
person authorized by the person to engage in the sale of dangerous drugs at wholesale.
  (P) "Manufacturer of dangerous drugs" or "manufacturer" means a person, other than a
pharmacist or prescriber, who manufactures dangerous drugs and who is engaged in the sale of those
dangerous drugs.
  (Q) "Terminal distributor of dangerous drugs" or "terminal distributor" means a person who
is engaged in the sale of dangerous drugs at retail, or any person, other than a manufacturer,
repackager, outsourcing facility, third-party logistics provider, wholesale distributor, or pharmacist,
who has possession, custody, or control of dangerous drugs for any purpose other than for that
person's own use and consumption. "Terminal distributor" includes pharmacies, hospitals, nursing
homes, and laboratories and all other persons who procure dangerous drugs for sale or other
distribution by or under the supervision of a pharmacist, licensed health professional authorized to
prescribe drugs, or other person authorized by the state board of pharmacy.
  (R) "Promote to the public" means disseminating a representation to the public in any
manner or by any means, other than by labeling, for the purpose of inducing, or that is likely to
induce, directly or indirectly, the purchase of a dangerous drug at retail.
  (S) "Person" includes any individual, partnership, association, limited liability company, or
corporation, the state, any political subdivision of the state, and any district, department, or agency
of the state or its political subdivisions.
  (T)(1) "Animal shelter" means a facility operated by a humane society or any society
organized under Chapter 1717. of the Revised Code or a dog pound operated pursuant to Chapter
955. of the Revised Code.
  (2) "County dog warden" means a dog warden or deputy dog warden appointed or employed
under section 955.12 of the Revised Code.
  (U) "Food" has the same meaning as in section 3715.01 of the Revised Code.
  (V) "Pain management clinic" has the same meaning as in section 4731.054 of the Revised
Code.
  (W) "Investigational drug or product" means a drug or product that has successfully
completed phase one of the United States food and drug administration clinical trials and remains
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under clinical trial, but has not been approved for general use by the United States food and drug
administration. "Investigational drug or product" does not include controlled substances in schedule
I, as defined in section 3719.01 of the Revised Code.
  (X) "Product," when used in reference to an investigational drug or product, means a
biological product, other than a drug, that is made from a natural human, animal, or microorganism
source and is intended to treat a disease or medical condition.
  (Y) "Third-party logistics provider" means a person that provides or coordinates
warehousing or other logistics services pertaining to dangerous drugs including distribution, on
behalf of a manufacturer, wholesale distributor, or terminal distributor of dangerous drugs, but does
not take ownership of the drugs or have responsibility to direct the sale or disposition of the drugs.
  (Z) "Repackager of dangerous drugs" or "repackager" means a person that repacks and
relabels dangerous drugs for sale or distribution.
  (AA) "Outsourcing facility" means a facility that is engaged in the compounding and sale of
sterile drugs and is registered as an outsourcing facility with the United States food and drug
administration.
  (BB) "Laboratory" means a laboratory licensed under this chapter as a terminal distributor of
dangerous drugs and entrusted to have custody of any of the following drugs and to use the drugs for
scientific and clinical purposes and for purposes of instruction: dangerous drugs that are not
controlled substances, as defined in section 3719.01 of the Revised Code; dangerous drugs that are
controlled substances, as defined in that section; and controlled substances in schedule I, as defined
in that section.
  (CC) "Overdose reversal drug" means both of the following:
  (1) Naloxone;
  (2) Any other drug that the state board of pharmacy, through rules adopted in accordance
with Chapter 119. of the Revised Code, designates as a drug that is approved by the federal food and
drug administration for the reversal of a known or suspected opioid-related overdose.
  Sec. 4729.80. (A) If the state board of pharmacy establishes and maintains a drug database
pursuant to section 4729.75 of the Revised Code, the board is authorized or required to provide
information from the database only as follows:
  (1) On receipt of a request from a designated representative of a government entity
responsible for the licensure, regulation, or discipline of health care professionals with authority to
prescribe, administer, or dispense drugs, the board may provide to the representative information
from the database relating to the professional who is the subject of an active investigation being
conducted by the government entity or relating to a professional who is acting as an expert witness
for the government entity in such an investigation.
  (2) On receipt of a request from a federal officer, or a state or local officer of this or any
other state, whose duties include enforcing laws relating to drugs, the board shall provide to the
officer information from the database relating to the person who is the subject of an active
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investigation of a drug abuse offense, as defined in section 2925.01 of the Revised Code, being
conducted by the officer's employing government entity.
        (3) Pursuant to a subpoena issued by a grand jury, the board shall provide to the grand jury
information from the database relating to the person who is the subject of an investigation being
conducted by the grand jury.
        (4) Pursuant to a subpoena, search warrant, or court order in connection with the
investigation or prosecution of a possible or alleged criminal offense, the board shall provide
information from the database as necessary to comply with the subpoena, search warrant, or court
order.
        (5) On receipt of a request from a prescriber or the prescriber's delegate approved by the
board, the board shall provide to the prescriber a report of information from the database relating to
a patient who is either a current patient of the prescriber or a potential patient of the prescriber based
on a referral of the patient to the prescriber, if all of the following conditions are met:
        (a) The prescriber certifies in a form specified by the board that it is for the purpose of
providing medical treatment to the patient who is the subject of the request;
        (b) The prescriber has not been denied access to the database by the board.
        (6) On receipt of a request from a pharmacist or the pharmacist's delegate approved by the
board, the board shall provide to the pharmacist information from the database relating to a current
patient of the pharmacist, if the pharmacist certifies in a form specified by the board that it is for the
purpose of the pharmacist's practice of pharmacy involving the patient who is the subject of the
request and the pharmacist has not been denied access to the database by the board.
        (7) On receipt of a request from an individual seeking the individual's own database
information in accordance with the procedure established in rules adopted under section 4729.84 of
the Revised Code, the board may provide to the individual the individual's own prescription history.
        (8) On receipt of a request from a medical director or a pharmacy director of a managed care
organization that has entered into a contract with the department of medicaid under section 5167.10
of the Revised Code and a data security agreement with the board required by section 5167.14 of the
Revised Code, the board shall provide to the medical director or the pharmacy director information
from the database relating to a medicaid recipient enrolled in the managed care organization,
including information in the database related to prescriptions for the recipient that were not covered
or reimbursed under a program administered by the department of medicaid.
        (9) On receipt of a request from the medicaid director, the board shall provide to the director
information from the database relating to a recipient of a program administered by the department of
medicaid, including information in the database related to prescriptions for the recipient that were
not covered or paid by a program administered by the department.
        (10) On receipt of a request from a medical director of a managed care organization that has
entered into a contract with the administrator of workers' compensation under division (B)(4) of
section 4121.44 of the Revised Code and a data security agreement with the board required by
Am. Sub. S. B. No. 56  136th G.A.
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section 4121.447 of the Revised Code, the board shall provide to the medical director information
from the database relating to a claimant under Chapter 4121., 4123., 4127., or 4131. of the Revised
Code assigned to the managed care organization, including information in the database related to
prescriptions for the claimant that were not covered or reimbursed under Chapter 4121., 4123.,
4127., or 4131. of the Revised Code, if the administrator of workers' compensation confirms, upon
request from the board, that the claimant is assigned to the managed care organization.
  (11) On receipt of a request from the administrator of workers' compensation, the board shall
provide to the administrator information from the database relating to a claimant under Chapter
4121., 4123., 4127., or 4131. of the Revised Code, including information in the database related to
prescriptions for the claimant that were not covered or reimbursed under Chapter 4121., 4123.,
4127., or 4131. of the Revised Code.
  (12) On receipt of a request from a prescriber or the prescriber's delegate approved by the
board, the board shall provide to the prescriber information from the database relating to a patient's
mother, if the prescriber certifies in a form specified by the board that it is for the purpose of
providing medical treatment to a newborn or infant patient diagnosed as opioid dependent and the
prescriber has not been denied access to the database by the board.
  (13) On receipt of a request from the director of health, the board shall provide to the
director information from the database relating to the duties of the director or the department of
health in implementing the Ohio violent death reporting system established under section 3701.93 of
the Revised Code.
  (14) On receipt of a request from a requestor described in division (A)(1), (2), (5), or (6) of
this section who is from or participating with another state's prescription monitoring program, the
board may provide to the requestor information from the database, but only if there is a written
agreement under which the information is to be used and disseminated according to the laws of this
state.
  (15) On receipt of a request from a delegate of a retail dispensary licensed under Chapter
3796. of the Revised Code who is approved by the board to serve as the dispensary's delegate, the
board shall provide to the delegate a report of information from the database pertaining only to a
patient's use of medical marijuana, if both of the following conditions are met:
  (a) The delegate certifies in a form specified by the board that it is for the purpose of
dispensing medical marijuana for use in accordance with Chapter 3796. of the Revised Code.
  (b) The retail dispensary or delegate has not been denied access to the database by the board.
  (16) On receipt of a request from a judge of a program certified by the Ohio supreme court
as a specialized docket program for drugs, the board shall provide to the judge, or an employee of
the program who is designated by the judge to receive the information, information from the
database that relates specifically to a current or prospective program participant.
  (17) On receipt of a request from a coroner, deputy coroner, or coroner's delegate approved
by the board, the board shall provide to the requestor information from the database relating to a
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deceased person about whom the coroner is conducting or has conducted an autopsy or
investigation.
  (18) On receipt of a request from a prescriber, the board may provide to the prescriber a
summary of the prescriber's prescribing record if such a record is created by the board. Information
in the summary is subject to the confidentiality requirements of this chapter.
  (19) On receipt of a request from a pharmacy's responsible person designated under section
4729.54 of the Revised Code, the board may provide to the responsible person a summary of the
pharmacy's dispensing record if such a record is created by the board. Information in the summary is
subject to the confidentiality requirements of this chapter.
  (20) The board may provide information from the database without request to a prescriber or
pharmacist who is authorized to use the database pursuant to this chapter.
  (21)(a) On receipt of a request from a prescriber or pharmacist, or the prescriber's or
pharmacist's delegate, who is a designated representative of a peer review committee, the board shall
provide to the committee information from the database relating to a prescriber who is subject to the
committee's evaluation, supervision, or discipline if the information is to be used for one of those
purposes. The board shall provide only information that it determines, in accordance with rules
adopted under section 4729.84 of the Revised Code, is appropriate to be provided to the committee.
  (b) As used in division (A)(21)(a) of this section, "peer review committee" has the same
meaning as in section 2305.25 of the Revised Code, except that it includes only a peer review
committee of a hospital or a peer review committee of a nonprofit health care corporation that is a
member of the hospital or of which the hospital is a member.
  (22) On receipt of a request from a requestor described in division (A)(5) or (6) of this
section who is from or participating with a prescription monitoring program that is operated by a
federal agency and approved by the board, the board may provide to the requestor information from
the database, but only if there is a written agreement under which the information is to be used and
disseminated according to the laws of this state.
  (23) Any personal health information submitted to the board pursuant to section 4729.772 of
the Revised Code may be provided by the board only as authorized by the submitter of the
information and in accordance with rules adopted under section 4729.84 of the Revised Code.
  (24) On receipt of a request from a person described in division (A)(5), (6), or (17) of this
section who is participating in a drug overdose fatality review committee described in section
307.631 of the Revised Code, the board may provide to the requestor information from the database,
but only if there is a written agreement under which the information is to be used and disseminated
according to the laws of this state.
  (25) On receipt of a request from a person described in division (A)(5), (6), or (17) of this
section who is participating in a suicide fatality review committee described in section 307.641 of
the Revised Code, the board may provide to the requestor information from the database, but only if
there is a written agreement under which the information is to be used and disseminated according to
Am. Sub. S. B. No. 56  136th G.A.
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the laws of this state.
  (26) On receipt of a request from a designated representative of the division of marijuana
cannabis control in the department of commerce, the board shall provide to the representative
information from the database relating to an individual who, or entity that, is the subject of an active
investigation being conducted by the division.
  (B) The state board of pharmacy shall maintain a record of each individual or entity that
requests information from the database pursuant to this section. In accordance with rules adopted
under section 4729.84 of the Revised Code, the board may use the records to document and report
statistics and law enforcement outcomes.
  The board may provide records of an individual's requests for database information only to
the following:
  (1) A designated representative of a government entity that is responsible for the licensure,
regulation, or discipline of health care professionals with authority to prescribe, administer, or
dispense drugs who is involved in an active criminal or disciplinary investigation being conducted
by the government entity of the individual who submitted the requests for database information;
  (2) A federal officer, or a state or local officer of this or any other state, whose duties include
enforcing laws relating to drugs and who is involved in an active investigation being conducted by
the officer's employing government entity of the individual who submitted the requests for database
information;
  (3) A designated representative of the department of medicaid regarding a prescriber who is
treating or has treated a recipient of a program administered by the department and who submitted
the requests for database information.
  (C) Information contained in the database and any information obtained from it is
confidential and is not a public record. Information contained in the records of requests for
information from the database is confidential and is not a public record. Information contained in the
database that does not identify a person, including any licensee or registrant of the board or other
entity, may be released in summary, statistical, or aggregate form.
  (D) A pharmacist or prescriber shall not be held liable in damages to any person in any civil
action for injury, death, or loss to person or property on the basis that the pharmacist or prescriber
did or did not seek or obtain information from the database.
  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:
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  (1) Knowingly making any misrepresentation;
  (2) Making any false promises with intent to influence, persuade, or induce;
  (3) A continued course of misrepresentation or the making of false promises through agents,
salespersons, advertising, or otherwise;
  (4) Acting for more than one party in a transaction except as permitted by and in compliance
with section 4735.71 of the Revised Code;
  (5) Failure within a reasonable time to account for or to remit any money coming into the
licensee's possession which belongs to others;
  (6) Dishonest or illegal dealing, gross negligence, incompetency, or misconduct;
  (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;
  (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;
  (9) Having violated or failed to comply with any provision of sections 4735.51 to 4735.74 of
the Revised Code or having willfully disregarded or violated any other provisions of this chapter;
  (10) As a real estate broker, having demanded, without reasonable cause, other than from a
broker licensed under this chapter, a commission to which the licensee is not entitled, or, as a real
estate salesperson, having demanded, without reasonable cause, a commission to which the licensee
is not entitled;
  (11) Except as permitted under section 4735.20 of the Revised Code, having paid
commissions or fees to, or divided commissions or fees with, anyone not licensed as a real estate
broker or salesperson under this chapter or anyone not operating as an out-of-state commercial real
estate broker or salesperson under section 4735.022 of the Revised Code;
  (12) Having falsely represented membership in any real estate professional association of
which the licensee is not a member;
  (13) Having accepted, given, or charged any undisclosed commission, rebate, or direct profit
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on expenditures made for a principal;
  (14) Having offered anything of value other than the consideration recited in the sales
contract as an inducement to a person to enter into a contract for the purchase or sale of real estate or
having offered real estate or the improvements on real estate as a prize in a lottery or scheme of
chance;
  (15) Having acted in the dual capacity of real estate broker and undisclosed principal, or real
estate salesperson and undisclosed principal, in any transaction;
  (16) Having guaranteed, authorized, or permitted any person to guarantee future profits
which may result from the resale of real property;
  (17) Having advertised or placed a sign on any property offering it for sale or for rent
without the consent of the owner or the owner's authorized agent;
  (18) Having induced any party to a contract of sale or lease to break such contract for the
purpose of substituting in lieu of it a new contract with another principal;
  (19) Having negotiated the sale, exchange, or lease of any real property directly with a seller,
purchaser, lessor, or tenant knowing that such seller, purchaser, lessor, or tenant is represented by
another broker under a written exclusive agency agreement, exclusive right to sell or lease listing
agreement, or exclusive purchaser agency agreement with respect to such property except as
provided for in section 4735.75 of the Revised Code;
  (20) Having offered real property for sale or for lease without the knowledge and consent of
the owner or the owner's authorized agent, or on any terms other than those authorized by the owner
or the owner's authorized agent;
  (21) Having published advertising, whether printed, radio, display, or of any other nature,
which was misleading or inaccurate in any material particular, or in any way having misrepresented
any properties, terms, values, policies, or services of the business conducted;
  (22) Having knowingly withheld from or inserted in any statement of account or invoice any
statement that made it inaccurate in any material particular;
  (23) Having published or circulated unjustified or unwarranted threats of legal proceedings
which tended to or had the effect of harassing competitors or intimidating their customers;
  (24) Having failed to keep complete and accurate records of all transactions for a period of
three years from the date of the transaction, such records to include copies of listing forms, earnest
money receipts, offers to purchase and acceptances of them, records of receipts and disbursements of
all funds received by the licensee as broker and incident to the licensee's transactions as such, and
records required pursuant to divisions (C)(4) and (5) of section 4735.20 of the Revised Code, and
any other instruments or papers related to the performance of any of the acts set forth in the
definition of a real estate broker;
  (25) Failure of a real estate broker or salesperson to furnish all parties involved in a real
estate transaction true copies of all listings and other agreements to which they are a party, at the
time each party signs them;
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  (26) Failure to maintain at all times a special or trust bank account in a depository of a state
or federally chartered institution located in this state. The account shall be noninterest-bearing,
separate and distinct from any personal or other account of the broker, and, except as provided in
division (A)(27) of this section, shall be used for the deposit and maintenance of all escrow funds,
security deposits, and other moneys received by the broker in a fiduciary capacity. The name,
account number, if any, and location of the depository wherein such special or trust account is
maintained shall be submitted 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 bank account in a depository of a state
or federally chartered institution in this state, to be used exclusively for the deposit and maintenance
of all rents, security deposits, escrow funds, and other moneys received by the broker in a fiduciary
capacity in the course of managing real property. This account shall be separate and distinct from
any other account maintained by the broker. The name, account number, and location of the
depository shall be submitted in writing to the superintendent. This account may earn interest, which
shall be paid to the property owners on a pro rata basis.
  Division (A)(27) of this section does not apply to brokers who are not engaged in the
management of real property on behalf of real property owners.
  (28) Having failed to put definite expiration dates in all written agency agreements to which
the broker is a party;
  (29) Having an unsatisfied final judgment or lien in any court of record against the licensee
arising out of the licensee's conduct as a licensed broker or salesperson;
  (30) Failing to render promptly upon demand a full and complete statement of the
expenditures by the broker or salesperson of funds advanced by or on behalf of a party to a real
estate transaction to the broker or salesperson for the purpose of performing duties as a licensee
under this chapter in conjunction with the real estate transaction;
  (31) Failure within a reasonable time, after the receipt of the commission by the broker, to
render an accounting to and pay a real estate salesperson the salesperson's earned share of it;
  (32) Performing any service for another constituting the practice of law, as determined by
any court of law;
  (33) Having been adjudicated incompetent by a court, as provided in section 5122.301 of the
Revised Code. A license revoked or suspended under this division shall be reactivated upon proof to
the commission of the removal of the disability.
  (34) Having authorized or permitted a person to act as an agent in the capacity of a real
estate broker, or a real estate salesperson, who was not then licensed as a real estate broker or real
estate salesperson under this chapter or who was not then operating as an out-of-state commercial
real estate broker or salesperson under section 4735.022 of the Revised Code;
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  (35) Having knowingly inserted or participated in inserting any materially inaccurate term in
a document, including naming a false consideration;
  (36) Having failed to inform the licensee's client of the existence of an offer or counteroffer
or having failed to present an offer or counteroffer in a timely manner, unless otherwise instructed
by the client, provided the instruction of the client does not conflict with any state or federal law;
  (37) Having failed to comply with section 4735.24 of the Revised Code;
  (38) Having acted as a broker without authority, impeded the ability of a principal broker to
perform any of the duties described in section 4735.081 of the Revised Code, or impeded the ability
a management level licensee to perform the licensee's duties;
  (39) Entering into a right-to-list home sale agreement.
  (B) Whenever the commission, pursuant to section 4735.051 of the Revised Code, imposes
disciplinary sanctions for any violation of this section, the commission also may impose such
sanctions upon the broker with whom the salesperson is affiliated if the commission finds that the
broker had knowledge of the salesperson's actions that violated this section.
  (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 party to a transaction or a
proposed transaction involving the sale, purchase, exchange, lease, or management of real property
that is or will be used in the cultivation, processing, dispensing, or testing of medical marijuana or
adult-use marijuana under Chapter 3796. of the Revised Code, or who receives, holds, or disburses
funds from a real estate brokerage trust account in connection with such a transaction, shall not be
subject to disciplinary sanctions under this chapter solely because the licensed person engaged in
activities permitted under this chapter and related to activities under Chapter 3796. of the Revised
Code.
  Sec. 4776.01. As used in this chapter:
  (A) "License" means an authorization evidenced by a license, certificate, registration, permit,
card, or other authority that is issued or conferred by a licensing agency to a licensee or to an
applicant for an initial license by which the licensee or initial license applicant has or claims the
privilege to engage in a profession, occupation, or occupational activity, or, except in the case of the
state dental board, to have control of and operate certain specific equipment, machinery, or premises,
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over which the licensing agency has jurisdiction.
        (B) Except as provided in section 4776.20 of the Revised Code, "licensee" means the person
to whom the license is issued by a licensing agency. "Licensee" includes a person who, for purposes
of section 3796.13 of the Revised Code, has complied with sections 4776.01 to 4776.04 of the
Revised Code and has been determined by the division of marijuana cannabis control, as the
applicable licensing agency, to meet the requirements for employment.
        (C) Except as provided in section 4776.20 of the Revised Code, "licensing agency" means
any of the following:
        (1) The board authorized by Chapters 4701., 4717., 4725., 4729., 4730., 4731., 4732., 4734.,
4740., 4741., 4747., 4751., 4753., 4755., 4757., 4759., 4760., 4761., 4762., 4772., 4774., 4778.,
4779., and 4783. of the Revised Code to issue a license to engage in a specific profession,
occupation, or occupational activity, or to have charge of and operate certain specific equipment,
machinery, or premises.
        (2) The state dental board, relative to its authority to issue a license pursuant to section
4715.12, 4715.16, 4715.21, or 4715.27 of the Revised Code;
        (3) The division of marijuana control, relative to its authority under Chapter 3796. of the
Revised Code and any rules adopted under that chapter with respect to a person who is subject to
section 3796.13 of the Revised Code;
        (4) The director of agriculture, relative to the director's authority to issue licenses under
Chapter 928. of the Revised Code.
        (D) "Applicant for an initial license" includes persons seeking a license for the first time and
persons seeking a license by reciprocity, endorsement, or similar manner of a license issued in
another state. "Applicant for an initial license" also includes a person who, for purposes of section
3796.13 of the Revised Code, is required to comply with sections 4776.01 to 4776.04 of the Revised
Code.
        (E) "Applicant for a restored license" includes persons seeking restoration of a license under
section 4730.14, 4730.28, 4731.222, 4731.281, 4759.062, 4759.063, 4760.06, 4760.061, 4761.06,
4761.061, 4762.06, 4762.061, 4772.08, 4772.082, 4774.06, 4774.061, 4778.07, or 4778.071 of the
Revised Code. "Applicant for a restored license" does not include a person seeking restoration of a
license under section 4751.33 of the Revised Code.
        (F) "Criminal records check" has the same meaning as in section 109.572 of the Revised
Code.
        Sec. 4796.25. This chapter does not apply to any of the following:
        (A) Licenses issued under Chapter 3780. or 3796. of the Revised Code;
        (B) Licenses issued pursuant to rules prescribed under Section 5 of Article IV, Ohio
Constitution;
        (C) Commercial fishing licenses issued under section 1533.342 of the Revised Code;
        (D) Licenses issued under Chapter 4506. of the Revised Code;
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  (E) Physician certificates to recommend treatment with medical marijuana issued under
section 4731.30 of the Revised Code;
  (F) Money transmitter licenses issued under section 1315.04 of the Revised Code;
  (G) Lottery sales agent licenses issued under section 3770.05 of the Revised Code;
  (H) Licenses issued under Chapter 3905. of the Revised Code;
  (I) Fantasy contest operator licenses issued under section 3774.02 of the Revised Code;
  (J) Teledentistry permits issued under section 4715.43 of the Revised Code;
  (K) Physician training certificates issued under section 4731.291 of the Revised Code;
  (L) Podiatrist training certificates issued under section 4731.573 of the Revised Code;
  (M) Licenses issued under Chapter 4740. of the Revised Code;
  (N) Licenses issued by a political subdivision to an individual by which the individual has or
claims the privilege to act as a tradesperson as defined in section 4740.01 of the Revised Code in the
political subdivision's jurisdiction.
  Sec. 5119.171. The department of behavioral health shall establish and administer a
statewide program to prevent youth use of cannabis. The program shall do the following:
  (A) Use a harm reduction approach;
  (B) Include practices aimed at the prevention or reduction of substance use, substance abuse,
substance dependence, and substance use disorders;
  (C) Use other evidence-based approaches selected by the department.
  Sec. 5502.01. (A) The department of public safety shall administer and enforce the laws
relating to the registration, licensing, sale, and operation of motor vehicles and the laws pertaining to
the licensing of drivers of motor vehicles.
  The department shall compile, analyze, and publish statistics relative to motor vehicle
accidents and the causes of them, prepare and conduct educational programs for the purpose of
promoting safety in the operation of motor vehicles on the highways, and conduct research and
studies for the purpose of promoting safety on the highways of this state.
  (B) The department shall administer the laws and rules relative to trauma and emergency
medical services specified in Chapter 4765. of the Revised Code and any laws and rules relative to
medical transportation services specified in Chapter 4766. of the Revised Code.
  (C) The department shall administer and enforce the laws contained in Chapters 4301. and
4303. of the Revised Code and enforce the rules and orders of the liquor control commission
pertaining to retail liquor permit holders.
  (D) The department shall administer the laws governing the state emergency management
agency and shall enforce all additional duties and responsibilities as prescribed in the Revised Code
related to emergency management services.
  (E) The department shall conduct investigations pursuant to Chapter 5101. of the Revised
Code in support of the duty of the department of job and family services to administer the
supplemental nutrition assistance program throughout this state. The department of public safety
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shall conduct investigations necessary to protect the state's property rights and interests in the
supplemental nutrition assistance program.
  (F) The department of public safety shall enforce compliance with orders and rules of the
public utilities commission and applicable laws in accordance with Chapters 4905., 4921., and 4923.
of the Revised Code regarding commercial motor vehicle transportation safety, economic, and
hazardous materials requirements.
  (G) Notwithstanding Chapter 4117. of the Revised Code, the department of public safety
may establish requirements for its enforcement personnel, including its enforcement agents
described in section 5502.14 of the Revised Code, that include standards of conduct, work rules and
procedures, and criteria for eligibility as law enforcement personnel.
  (H) The department shall administer, maintain, and operate the Ohio criminal justice
network. The Ohio criminal justice network shall be a computer network that supports state and
local criminal justice activities. The network shall be an electronic repository for various data, which
may include arrest warrants, notices of persons wanted by law enforcement agencies, criminal
records, prison inmate records, stolen vehicle records, vehicle operator's licenses, and vehicle
registrations and titles.
  (I) The department shall coordinate all homeland security activities of all state agencies and
shall be a liaison between state agencies and local entities for those activities and related purposes.
  (J) The department shall administer and enforce the laws relative to private investigators and
security service providers specified in Chapter 4749. of the Revised Code.
  (K) The department shall administer criminal justice services in accordance with sections
5502.61 to 5502.66 of the Revised Code.
  (L) The department shall administer the Ohio school safety and crisis center and the Ohio
mobile training team in accordance with sections 5502.70 to 5502.703 of the Revised Code.
  (M) The department shall coordinate security measures and operations, and may direct the
department of administrative services to implement any security measures and operations the
department of public safety requires, at the Vern Riffe Center and the James A. Rhodes state office
tower.
  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.
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of the Revised Code, as provided in that chapter.
        (O) The department of public safety shall assist the department of commerce in enforcing
Chapter 3779. of the Revised Code as provided in that chapter.
        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 3779., 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 public safety and designated by
the director of public safety to enforce Title XLIII of the Revised Code, and the rules adopted under
it, Chapter 3779. of the Revised Code and the policies established under that chapter, Chapter 3796.
of the Revised Code and the rules adopted under that chapter, and the laws and rules regulating the
use of supplemental nutrition assistance program benefits shall be known as an enforcement agent.
The employment by the department of public safety and the designation by the director of public
safety of a person as an enforcement agent shall be subject to division (D) of this section. An
enforcement agent has the authority vested in peace officers pursuant to section 2935.03 of the
Revised Code to keep the peace, to enforce all of the following:
        (a) All applicable laws and rules on any retail liquor permit premises, or on any other
premises of public or private property, where a violation of Title XLIII of the Revised Code or any
rule adopted under it is occurring, and to enforce all ;
        (b) All applicable laws and rules on persons and premises licensed under Chapter 3796. of
the Revised Code and on any other public or private property where a violation of Chapter 3796. or
any rule adopted under that chapter is occurring;
        (c) All laws and rules governing the use of supplemental nutrition assistance program
benefits, women, infants, and children's coupons, electronically transferred benefits, or any other
access device that is used alone or in conjunction with another access device to obtain payments,
allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer
of funds, pursuant to the supplemental nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or any 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
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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.
  (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 other section of the Revised Code
listed in section 5502.13 of the Revised Code if they witness a violation of the section under any of
the circumstances described in this division, and authority to make arrests for violations of the laws
and rules described in division (B)(1) of this section and violations of any of those sections.
  (4) The jurisdiction of an enforcement agent under division (B) of this section shall be
concurrent with that of the peace officers of the county, township, or municipal corporation in which
the violation occurs.
  (C) Enforcement agents of the department of public safety who are engaged in the
enforcement of the laws and rules described in division (B)(1) of this section may carry concealed
weapons when conducting undercover investigations pursuant to their authority as law enforcement
officers and while acting within the scope of their authority pursuant to this chapter.
  (D)(1) The department of public safety shall not employ, and the director of public safety
shall not designate, a person as an enforcement agent on a permanent basis, on a temporary basis, for
a probationary term, or on other than a permanent basis if the person previously has been convicted
of or has pleaded guilty to a felony.
  (2)(a) The department of public safety shall terminate the employment of a person who is
designated as an enforcement agent and who does either of the following:
  (i) Pleads guilty to a felony;
  (ii) Pleads guilty to a misdemeanor pursuant to a negotiated plea agreement as provided in
division (D) of section 2929.43 of the Revised Code in which the enforcement agent agrees to
surrender the certificate awarded to that agent under section 109.77 of the Revised Code.
  (b) The department shall suspend the employment of a person who is designated as an
enforcement agent if the person is convicted, after trial, of a felony. If the enforcement agent files an
appeal from that conviction and the conviction is upheld by the highest court to which the appeal is
taken or if no timely appeal is filed, the department shall terminate the employment of that agent. If
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the enforcement agent files an appeal that results in that agent's acquittal of the felony or conviction
of a misdemeanor, or in the dismissal of the felony charge against the agent, the department shall
reinstate the agent. An enforcement agent who is reinstated under division (D)(2)(b) of this section
shall not receive any back pay unless the conviction of that agent of the felony was reversed on
appeal, or the felony charge was dismissed, because the court found insufficient evidence to convict
the agent of the felony.
  (3) Division (D) of this section does not apply regarding an offense that was committed prior
to January 1, 1997.
  (4) The suspension or termination of the employment of a person designated as an
enforcement agent under division (D)(2) of this section shall be in accordance with Chapter 119. of
the Revised Code.
  Sec. 5703.052. (A) There is hereby created in the state treasury the tax refund fund, from
which refunds shall be paid for amounts illegally or erroneously assessed or collected, or for any
other reason overpaid, with respect to taxes levied by Chapter 3796., 4301., 4305., 5726., 5728.,
5729., 5731., 5733., 5735., 5736., 5739., 5741., 5743., 5747., 5748., 5749., 5751., or 5753. and
sections 3737.71, 3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and
5727.811 of the Revised Code. Refunds for fees levied under sections 3734.90 to 3734.9014 of the
Revised Code, wireless 9-1-1 charges imposed under section 128.40 of the Revised Code, next
generation 9-1-1 access fees imposed under sections 128.41 and 128.42 of the Revised Code, or any
penalties assessed with respect to such fees or charges, that are illegally or erroneously assessed or
collected, or for any other reason overpaid, also shall be paid from the fund. Refunds for amounts
illegally or erroneously assessed or collected by the tax commissioner, or for any other reason
overpaid, that are due under section 1509.50 of the Revised Code shall be paid from the fund.
Refunds for amounts illegally or erroneously assessed or collected by the commissioner, or for any
other reason overpaid to the commissioner, under sections 718.80 to 718.95 of the Revised Code
shall be paid from the fund. However, refunds for amounts illegally or erroneously assessed or
collected by the commissioner, or for any other reason overpaid to the commissioner, with respect to
taxes levied under section 5739.101 of the Revised Code shall not be paid from the tax refund fund,
but shall be paid as provided in section 5739.104 of the Revised Code.
  (B)(1) Upon certification by the tax commissioner to the treasurer of state of a tax refund, a
wireless 9-1-1 charge refund, a next generation 9-1-1 access fee refund, or another amount refunded,
or by the superintendent of insurance of a domestic or foreign insurance tax refund, the treasurer of
state shall place the amount certified to the credit of the fund. The certified amount transferred shall
be derived from the receipts of the same tax, fee, wireless 9-1-1 charge, next generation 9-1-1 access
fee, or other amount from which the refund arose.
  (2) When a refund is for a tax, fee, wireless 9-1-1 charge, next generation 9-1-1 access fee,
or other amount that is not levied by the state or that was illegally or erroneously distributed to a
taxing jurisdiction, the tax commissioner shall recover the amount of that refund from the next
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distribution of that tax, fee, wireless 9-1-1 charge, next generation 9-1-1 access fee, or other amount
that otherwise would be made to the taxing jurisdiction. If the amount to be recovered would exceed
twenty-five per cent of the next distribution of that tax, fee, wireless 9-1-1 charge, next generation 9-
1-1 access fee, or other amount, the commissioner may spread the recovery over more than one
future distribution, taking into account the amount to be recovered and the amount of the anticipated
future distributions. In no event may the commissioner spread the recovery over a period to exceed
seventy-two months.
        Sec. 5713.30. As used in sections 5713.31 to 5713.37 and 5715.01 of the Revised Code:
        (A) "Land devoted exclusively to agricultural use" means:
        (1) Tracts, lots, or parcels of land totaling not less than ten acres to which, 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, one or more of the following apply:
        (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 conservation land.
        (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
Am. Sub. S. B. No. 56  136th G.A.
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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;
  (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 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.
  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 marijuana or adult-use marijuana, as
those terms are defined by section 3796.01 of the Revised Code, is cultivated or processed is not
land devoted exclusively to agricultural use.
  (B) "Conversion of land devoted exclusively to agricultural use" means any of the following:
  (1) The failure of the owner of land devoted exclusively to agricultural use during the next
preceding calendar year to file a renewal application under section 5713.31 of the Revised Code
without good cause as determined by the board of revision;
  (2) The failure of the new owner of such land to file an initial application under that section
without good cause as determined by the board of revision;
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  (3) The failure of such land or portion thereof to qualify as land devoted exclusively to
agricultural use for the current calendar year as requested by an application filed under such section;
  (4) The failure of the owner of the land described in division (A)(3) or (4) of this section to
act on such land in a manner that is consistent with the return of the land to agricultural production
after three years.
  The construction or installation of an energy facility, as defined in section 5727.01 of the
Revised Code, on a portion of a tract, lot, or parcel of land devoted exclusively to agricultural use
shall not cause the remaining portion of the tract, lot, or parcel to be regarded as a conversion of land
devoted exclusively to agricultural use if the remaining portion of the tract, lot, or parcel continues
to be devoted exclusively to agricultural use.
  (C) "Tax savings" means the difference between the dollar amount of real property taxes
levied in any year on land valued and assessed in accordance with its current agricultural use value
and the dollar amount of real property taxes that would have been levied upon such land if it had
been valued and assessed for such year in accordance with Section 2 of Article XII, Ohio
Constitution.
  (D) "Owner" includes, but is not limited to, any person owning a fee simple, fee tail, or life
estate or a buyer on a land installment contract.
  (E) "Conservation practices" are practices used to abate soil erosion as required in the
management of the farming operation, and include, but are not limited to, the installation,
construction, development, planting, or use of grass waterways, terraces, diversions, filter strips,
field borders, windbreaks, riparian buffers, wetlands, ponds, and cover crops for that purpose.
  (F) "Wetlands" has the same meaning as in section 6111.02 of the Revised Code.
  (G) "Biodiesel" means a mono-alkyl ester combustible liquid fuel that is derived from
vegetable oils or animal fats or any combination of those reagents and that meets the American
society for testing and materials specification D6751-03a for biodiesel fuel (B100) blend stock
distillate fuels.
  (H) "Biologically derived methane gas" means gas from the anaerobic digestion of organic
materials, including animal waste and agricultural crops and residues.
  (I) "Biomass energy" means energy that is produced from organic material derived from
plants or animals and available on a renewable basis, including, but not limited to, agricultural crops,
tree crops, crop by-products, and residues.
  (J) "Electric or heat energy" means electric or heat energy generated from manure,
cornstalks, soybean waste, or other agricultural feedstocks.
  (K) "Dredged material" means material that is excavated or dredged from waters of this
state. "Dredged material" does not include material resulting from normal farming, silviculture, and
ranching activities, such as plowing, cultivating, seeding, and harvesting, for production of food,
fiber, and forest products.
  (L) "Agritourism" has the same meaning as in section 901.80 of the Revised Code.
Am. Sub. S. B. No. 56  136th G.A.
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  (M) "Eligible conservation land" means either of the following:
  (1) A tract, lot, or parcel devoted to and qualified for payments or other compensation under
a land retirement or conservation program under an agreement with an agency of the federal
government;
  (2) A tract, lot, or parcel that meets at least one of the conditions described in divisions (M)
(2)(a) to (c) of this section and the condition described in division (M)(2)(d) of this section.
  (a) The land is subject to an agricultural water project or nature water project that receives
funding from the H2Ohio fund created in section 126.60 of the Revised Code.
  (b) The land was subject to such a project during the immediately preceding calendar year.
  (c) The land is or was subject to such a project for the current or one of the two immediately
preceding tax years and, for the current tax year, is subject to either a conservation easement held by
the state or an agency of the state or a conservation easement held by any other person if such
easement is a condition of a nature water project that is funded through the H2Ohio fund.
  (d) For the tax year that includes or immediately precedes the year in which the land became
subject to the project described in division (M)(2)(a), (b), or (c) of this section, as applicable, the
land qualified as land devoted exclusively to agricultural use pursuant to other criteria in divisions
(A)(1) to (4) of this section.
  As used in division (M)(2) of this section, "conservation easement" has the same meaning as
in section 5301.67 of the Revised Code.
       SECTION 2. That existing sections 9.79, 109.572, 121.04, 121.08, 131.02, 519.21, 715.013,
928.02, 928.03, 928.04, 2925.01, 3376.07, 3719.01, 3719.41, 3780.37, 3796.01, 3796.02, 3796.021,
3796.03, 3796.032, 3796.05, 3796.06, 3796.061, 3796.07, 3796.08, 3796.09, 3796.10, 3796.11,
3796.12, 3796.13, 3796.14, 3796.15, 3796.16, 3796.17, 3796.18, 3796.19, 3796.20, 3796.21,
3796.22, 3796.23, 3796.24, 3796.27, 3796.28, 3796.29, 3796.30, 3796.31, 4506.01, 4729.01,
4729.80, 4735.18, 4776.01, 4796.25, 5502.01, 5502.13, 5502.14, 5703.052, and 5713.30 of the
Revised Code are hereby repealed.
       SECTION 3. That sections 928.01, 3780.01, 3780.02, 3780.03, 3780.04, 3780.05, 3780.06,
3780.07, 3780.08, 3780.09, 3780.10, 3780.11, 3780.12, 3780.13, 3780.14, 3780.15, 3780.16,
3780.17, 3780.20, 3780.21, 3780.22, 3780.24, 3780.25, 3780.26, 3780.27, 3780.28, 3780.29,
3780.30, 3780.31, 3780.32, 3780.33, 3780.34, 3780.35, 3780.36, 3780.90, 3780.99, and 3796.021 of
the Revised Code are hereby repealed.
       SECTION 4. That sections 3779.21, 3779.211, 3779.22, 3779.23, 3779.24, 3779.25, 3779.26,
3779.27, 3779.28, 3779.29, 3779.30, and 3779.99 of the Revised Code are hereby repealed, effective
December 31, 2026.
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        SECTION 5. That existing section 4506.01 of the Revised Code amended by Section 1 of this
act be amended to read as follows:
        Sec. 4506.01. As used in this chapter:
        (A) "Alcohol concentration" means the concentration of alcohol in a person's blood, breath,
or urine. When expressed as a percentage, it means grams of alcohol per the following:
        (1) One hundred milliliters of whole blood, blood serum, or blood plasma;
        (2) Two hundred ten liters of breath;
        (3) One hundred milliliters of urine.
        (B) "Commercial driver's license" means a license issued in accordance with this chapter that
authorizes an individual to drive a commercial motor vehicle.
        (C) "Commercial driver's license information system" means the information system
established pursuant to the requirements of the "Commercial Motor Vehicle Safety Act of 1986,"
100 Stat. 3207-171, 49 U.S.C.A. App. 2701.
        (D) Except when used in section 4506.25 of the Revised Code, "commercial motor vehicle"
means any motor vehicle designed or used to transport persons or property that meets any of the
following qualifications:
        (1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle
weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight or gross
vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;
        (2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of twenty-
six thousand one pounds or more;
        (3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but
is designed to transport sixteen or more passengers including the driver;
        (4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than
twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including
the driver;
        (5) Is transporting hazardous materials for which placarding is required under subpart F of
49 C.F.R. part 172, as amended;
        (6) Any single vehicle or combination of vehicles that is designed to be operated and to
travel on a public street or highway and is considered by the federal motor carrier safety
administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a
vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.
        (E) "Controlled substance" means all of the following:
        (1) Any substance classified as a controlled substance under the "Controlled Substances
Act," 80 Stat. 1242 (1970), 21 U.S.C.A. 802(6), as amended;
        (2) Any substance included in schedules I through V of 21 C.F.R. part 1308, as amended;
        (3) Any drug of abuse.
        (F) "Conviction" means an unvacated adjudication of guilt or a determination that a person
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has violated or failed to comply with the law in a court of original jurisdiction or an authorized
administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's
appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine
or court cost, or violation of a condition of release without bail, regardless of whether or not the
penalty is rebated, suspended, or probated.
        (G) "Disqualification" means any of the following:
        (1) The suspension, revocation, or cancellation of a person's privileges to operate a
commercial motor vehicle;
        (2) Any withdrawal of a person's privileges to operate a commercial motor vehicle as the
result of a violation of state or local law relating to motor vehicle traffic control other than parking,
vehicle weight, or vehicle defect violations;
        (3) A determination by the federal motor carrier safety administration that a person is not
qualified to operate a commercial motor vehicle under 49 C.F.R. 391.
        (H) "Domiciled" means having a true, fixed, principal, and permanent residence to which an
individual intends to return.
        (I) "Downgrade" means any of the following, as applicable:
        (1) A change in the commercial driver's license, or commercial driver's license temporary
instruction permit, holder's self-certified status as described in division (A)(1) of section 4506.10 of
the Revised Code;
        (2) A change to a lesser class of vehicle;
        (3) Removal of commercial driver's license privileges from the individual's driver's license;
        (4) A change in the commercial driver's license, or commercial driver's license temporary
instruction permit, holder's privileges as described in division (F)(1) of section 4506.13 of the
Revised Code.
        (J) "Drive" means to drive, operate, or be in physical control of a motor vehicle.
        (K) "Driver" means any person who drives, operates, or is in physical control of a
commercial motor vehicle or is required to have a commercial driver's license.
        (L) "Driver's license" means a license issued by the bureau of motor vehicles that authorizes
an individual to drive.
        (M) "Drug of abuse" means any controlled substance, dangerous drug as defined in section
4729.01 of the Revised Code, harmful intoxicant as defined in section 2925.01 of the Revised Code,
drinkable cannabinoid product as defined in section 3779.21 of the Revised Code, or over-the-
counter medication that, when taken in quantities exceeding the recommended dosage, can result in
impairment of judgment or reflexes.
        (N) "Electronic device" includes a cellular telephone, a personal digital assistant, a pager, a
computer, and any other device used to input, write, send, receive, or read text.
        (O) "Eligible unit of local government" means a village, township, or county that has a
population of not more than three thousand persons according to the most recent federal census.
Am. Sub. S. B. No. 56  136th G.A.
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        (P) "Employer" means any person, including the federal government, any state, and a
political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person
to drive such a motor vehicle.
        (Q) "Endorsement" means an authorization on a person's commercial driver's license that is
required to permit the person to operate a specified type of commercial motor vehicle.
        (R) "Farm truck" means a truck controlled and operated by a farmer for use in the
transportation to or from a farm, for a distance of not more than one hundred fifty miles, of products
of the farm, including livestock and its products, poultry and its products, floricultural and
horticultural products, and in the transportation to the farm, from a distance of not more than one
hundred fifty miles, of supplies for the farm, including tile, fence, and every other thing or
commodity used in agricultural, floricultural, horticultural, livestock, and poultry production, and
livestock, poultry, and other animals and things used for breeding, feeding, or other purposes
connected with the operation of the farm, when the truck is operated in accordance with this division
and is not used in the operations of a motor carrier, as defined in section 4923.01 of the Revised
Code.
        (S) "Fatality" means the death of a person as the result of a motor vehicle accident occurring
not more than three hundred sixty-five days prior to the date of death.
        (T) "Felony" means any offense under federal or state law that is punishable by death or
specifically classified as a felony under the law of this state, regardless of the penalty that may be
imposed.
        (U) "Foreign jurisdiction" means any jurisdiction other than a state.
        (V) "Gross vehicle weight rating" means the value specified by the manufacturer as the
maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a
combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle
weight rating of each towed unit.
        (W) "Hazardous materials" means any material that has been designated as hazardous under
49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity
of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended.
        (X) "Imminent hazard" means the existence of a condition that presents a substantial
likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health,
property, or the environment may occur before the reasonably foreseeable completion date of a
formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
        (Y) "Medical variance" means one of the following received by a driver from the federal
motor carrier safety administration that allows the driver to be issued a medical certificate:
        (1) An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R.
381, subpart C or 49 C.F.R. 391.64;
        (2) A skill performance evaluation certificate permitting operation of a commercial motor
vehicle pursuant to 49 C.F.R. 391.49.
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  (Z) "Mobile telephone" means a mobile communication device that falls under or uses any
commercial mobile radio service as defined in 47 C.F.R. 20, except that mobile telephone does not
include two-way or citizens band radio services.
  (AA) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or
drawn by mechanical power used on highways, except that such term does not include a vehicle,
machine, tractor, trailer, or semitrailer operated exclusively on a rail.
  (BB) "Out-of-service order" means a declaration by an authorized enforcement officer of a
federal, state, local, Canadian, or Mexican jurisdiction declaring that a driver, commercial motor
vehicle, or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.
  (CC) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
  (DD) "Portable tank" means a liquid or gaseous packaging designed primarily to be loaded
onto or temporarily attached to a vehicle and equipped with skids, mountings, or accessories to
facilitate handling of the tank by mechanical means.
  (EE) "Public safety vehicle" has the same meaning as in divisions (E)(1) and (3) of section
4511.01 of the Revised Code.
  (FF) "Recreational vehicle" includes every vehicle that is defined as a recreational vehicle in
section 4501.01 of the Revised Code and is used exclusively for purposes other than engaging in
business for profit.
  (GG) "Residence" means any person's residence determined in accordance with standards
prescribed in rules adopted by the registrar.
  (HH) "School bus" has the same meaning as in section 4511.01 of the Revised Code.
  (II) "Serious traffic violation" means any of the following:
  (1) A conviction arising from a single charge of operating a commercial motor vehicle in
violation of any provision of section 4506.03 of the Revised Code;
  (2)(a) Except as provided in division (II)(2)(b) of this section, a violation while operating a
commercial motor vehicle of a law of this state, or any municipal ordinance or county or township
resolution, or any other substantially similar law of another state or political subdivision of another
state prohibiting either of the following:
  (i) Texting while driving;
  (ii) Using a handheld mobile telephone.
  (b) It is not a serious traffic violation if the person was texting or using a handheld mobile
telephone to contact law enforcement or other emergency services.
  (3) A conviction arising from the operation of any motor vehicle that involves any of the
following:
  (a) A single charge of any speed in excess of the posted speed limit by fifteen miles per hour
or more;
  (b) Violation of section 4511.20 or 4511.201 of the Revised Code or any similar ordinance
or resolution, or of any similar law of another state or political subdivision of another state;
Am. Sub. S. B. No. 56  136th G.A.
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        (c) Violation of a law of this state or an ordinance or resolution relating to traffic control,
other than a parking violation, or of any similar law of another state or political subdivision of
another state, that results in a fatal accident;
        (d) Violation of section 4506.03 of the Revised Code or a substantially similar municipal
ordinance or county or township resolution, or of any similar law of another state or political
subdivision of another state, that involves the operation of a commercial motor vehicle without a
valid commercial driver's license with the proper class or endorsement for the specific vehicle group
being operated or for the passengers or type of cargo being transported;
        (e) Violation of section 4506.03 of the Revised Code or a substantially similar municipal
ordinance or county or township resolution, or of any similar law of another state or political
subdivision of another state, that involves the operation of a commercial motor vehicle without a
valid commercial driver's license being in the person's possession;
        (f) Violation of section 4511.33 or 4511.34 of the Revised Code, or any municipal ordinance
or county or township resolution substantially similar to either of those sections, or any substantially
similar law of another state or political subdivision of another state;
        (g) Violation of any other law of this state, any law of another state, or any ordinance or
resolution of a political subdivision of this state or another state that meets both of the following
requirements:
        (i) It relates to traffic control, other than a parking violation;
        (ii) It is determined to be a serious traffic violation by the United States secretary of
transportation and is designated by the director as such by rule.
        (JJ) "State" means a state of the United States and includes the District of Columbia.
        (KK) "Tank vehicle" means any commercial motor vehicle that is designed to transport any
liquid or gaseous materials within a tank or tanks that are either permanently or temporarily attached
to the vehicle or its chassis and have an individual rated capacity of more than one hundred nineteen
gallons and an aggregate rated capacity of one thousand gallons or more. "Tank vehicle" does not
include a commercial motor vehicle transporting an empty storage container tank that is not
designed for transportation, has a rated capacity of one thousand gallons or more, and is temporarily
attached to a flatbed trailer.
        (LL) "Tester" means a person or entity acting pursuant to a valid agreement entered into
pursuant to division (B) of section 4506.09 of the Revised Code.
        (MM) "Texting" means manually entering alphanumeric text into, or reading text from, an
electronic device. Texting includes short message service, e-mail, instant messaging, a command or
request to access a world wide web page, pressing more than a single button to initiate or terminate a
voice communication using a mobile telephone, or engaging in any other form of electronic text
retrieval or entry, for present or future communication. Texting does not include the following:
        (1) Using voice commands to initiate, receive, or terminate a voice communication using a
mobile telephone;
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  (2) Inputting, selecting, or reading information on a global positioning system or navigation
system;
  (3) Pressing a single button to initiate or terminate a voice communication using a mobile
telephone; or
  (4) Using, for a purpose that is not otherwise prohibited by law, a device capable of
performing multiple functions, such as a fleet management system, a dispatching device, a mobile
telephone, a citizens band radio, or a music player.
  (NN) "Texting while driving" means texting while operating a commercial motor vehicle,
with the motor running, including while temporarily stationary because of traffic, a traffic control
device, or other momentary delays. Texting while driving does not include operating a commercial
motor vehicle with or without the motor running when the driver has moved the vehicle to the side
of, or off, a highway and is stopped in a location where the vehicle can safely remain stationary.
  (OO) "United States" means the fifty states and the District of Columbia.
  (PP) "Upgrade" means a change in the class of vehicles, endorsements, or self-certified
status as described in division (A)(1) of section 4506.10 of the Revised Code, that expands the
ability of a current commercial driver's license holder to operate commercial motor vehicles under
this chapter.
  (QQ) "Use of a handheld mobile telephone" means:
  (1) Using at least one hand to hold a mobile telephone to conduct a voice communication;
  (2) Dialing or answering a mobile telephone by pressing more than a single button; or
  (3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that
the driver is no longer in a seated driving position, or restrained by a seat belt that is installed in
accordance with 49 C.F.R. 393.93 and adjusted in accordance with the vehicle manufacturer's
instructions.
  (RR) "Vehicle" has the same meaning as in section 4511.01 of the Revised Code.
  SECTION 6. That existing section 4506.01 of the Revised Code as amended by Section 1 of
this act is hereby repealed.
  SECTION 7. Sections 5 and 6 of this act take effect December 31, 2026.
        SECTION 8. (A) All rules adopted by the Division of Cannabis Control or the Tax
Commissioner pursuant to Chapter 3780. of the Revised Code, as that chapter existed immediately
before the effective date of this section, and that are not in conflict with the requirements of this act,
continue in effect until repealed or amended by the Division or the Tax Commissioner, respectively.
At the request of the Division of Cannabis Control or the Tax Commissioner, the Director of the
Legislative Service Commission shall renumber rules adopted under Chapter 3780. of the Revised
Am. Sub. S. B. No. 56  136th G.A.
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Code to reflect the transfer of authority to Chapter 3796. of the Revised Code, as amended by this
act.
        (B) Any rules that are pending before the Common Sense Initiative or the Joint Committee
on Agency Rule Review on the effective date of this section that were proposed by the Division of
Cannabis Control under Chapter 3780. of the Revised Code, as that chapter existed immediately
before the effective date of this section, shall be treated as having been proposed by the Division
under Chapter 3796. of the Revised Code.
        (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 Cannabis 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 9. If any provision of a section of this act or the application thereof to any person or
circumstance is held invalid, the invalidity does not affect other provisions or applications of the
section or related sections that can be given effect without the invalid provision or application, and
to this end the provisions are severable.
        SECTION 10. Section 519.21 of the Revised Code is presented in this act as a composite of the
section as amended by both H.B. 523 and S.B. 75 of the 131st General Assembly. 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
composite is the resulting version of the section in effect prior to the effective date of the section as
presented in this act.
        SECTION 11. All items in this act are hereby appropriated as designated out of any moneys in
the state treasury to the credit of the designated fund. For all operating appropriations made in this
act, those in the first column are for fiscal year 2026 and those in the second column are for fiscal
year 2027. The operating appropriations made in this act are in addition to any other operating
appropriations made for these fiscal years.
  SECTION 12.
      1  2  3  4  5
A  RDF STATE REVENUE DISTRIBUTIONS
Am. Sub. S. B. No. 56  136th G.A.
  128
B   Revenue Distribution Fund Group
C   7106   110659    Host Community Cannabis Payments  $47,500,000  $49,000,000
D   Revenue Distribution Fund Group Total  $47,500,000  $49,000,000
E   TOTAL ALL BUDGET FUND GROUPS  $47,500,000  $49,000,000
       HOST COMMUNITY CANNABIS PAYMENTS
       The foregoing appropriation item 110659, Host Community Cannabis Payments, shall be
used by the Tax Commissioner for payments to municipal corporations and townships as required
under section 3796.40 of the Revised Code. If it is determined that additional appropriations are
necessary for this purpose, such amounts are hereby appropriated.
        SECTION 13. Within the limits set forth in this act, the Director of Budget and Management
shall establish accounts indicating the source and amount of funds for each appropriation made in
this act, and shall determine the manner in which appropriation accounts shall be maintained.
Expenditures from operating appropriations contained in this act shall be accounted for as though
made in, and are subject to all applicable provisions of, H.B. 96 of the 136th General Assembly.
        SECTION 14. Should the federal government legalize hemp beverages at tetrahydrocannabinol
limits greater than those allowable under the version of 7 U.S.C. 1639o, et seq., set to take effect on
November 12, 2026, it is the intent of the General Assembly to review the federal enactment and
consider a more robust regulatory framework of these products, including licensure, registration,
taxation, and responsible consumer and child protections in an effort to legalize hemp beverages for
sale and consumption in Ohio beyond December 31, 2026. Nothing in this section shall be
interpreted to legalize drinkable cannabinoid products, as defined in section 3779.21 of the Revised
Code, or hemp beverages beyond December 31, 2026.
Am. Sub. S. B. No. 56  136th G.A.
     Speaker ___________________ of the House of Representatives.
  President ___________________ of the Senate.
Passed ________________________, 20____
Approved ________________________, 20____
  Governor.
Am. Sub. S. B. No. 56  136th G.A.
  The section numbering of law of a general and permanent nature is
complete and in conformity with the Revised Code.
  Director, Legislative Service Commission.
Filed in the office of the Secretary of State at Columbus, Ohio, on the ____
day of ___________, A. D. 20____.
  Secretary of State.
File No. _________       Effective Date ___________________