As Introduced

136th General Assembly

Regular Session H. B. No. 160

2025-2026

To amend sections 9.79, 519.21, 928.01, 928.03, 3376.07, 3796.01, 3796.02, 3796.03, 3796.05, 3796.06, 3796.07, 3796.09, 3796.10, 3796.12, 3796.13, 3796.14, 3796.15, 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, 4735.18, 4796.25, 5502.01, 5502.13, 5502.14, 5713.30, 5739.21, and 5739.99; to enact sections 2953.321, 3796.04, 3796.062, 3796.221, 3796.32, 3796.33, 3796.99, and 5739.27; and to repeal sections 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, 3780.18, 3780.19, 3780.20, 3780.21, 3780.22, 3780.23, 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 to revise specified provisions of the liquor control, hemp, and adult-use marijuana laws and to levy taxes on marijuana.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 9.79, 519.21, 928.01, 928.03, 3376.07, 3796.01, 3796.02, 3796.03, 3796.05, 3796.06, 3796.07, 3796.09, 3796.10, 3796.12, 3796.13, 3796.14, 3796.15, 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, 4735.18, 4796.25, 5502.01, 5502.13, 5502.14, 5713.30, 5739.21, and 5739.99 be amended and sections 2953.321, 3796.04, 3796.062, 3796.221, 3796.32, 3796.33, 3796.99, and 5739.27 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) 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;

(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;

(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 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 marijuana control under Chapter 3796. of the Revised 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. 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:

(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.

Sec. 928.01. As used in this chapter:

(A) "Cannabidiol" means the cannabidiol compound~~, containing a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent,~~ derived from hemp.

(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 ~~delta-9~~ total tetrahydrocannabinol concentration of not more than three-tenths per cent on a dry weight basis.

(D) "Hemp cultivation license" means a license to cultivate hemp issued under section 928.02 of the Revised Code.

(E) "Hemp processing license" means a license to process hemp issued under section 928.02 of the Revised Code.

(F) "Hemp product" means any product~~, containing a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent,~~ that is made with hemp to which all of the following apply:

(1) It has a total tetrahydrocannabinol concentration of not more than three-tenths per cent.

(2) It has not more than five-tenths milligrams of total tetrahydrocannabinol per serving.

(3) It has not more than two milligrams of total tetrahydrocannabinol per package.

. ~~"Hemp product"~~

"Hemp product" includes cosmetics, personal care products, dietary supplements or food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, and any other product containing one or more cannabinoids derived from hemp, including cannabidiol.

(G) "Marihuana" has the same meaning as in section 3719.01 of the Revised Code.

(H) "Medical marijuana" has the same meaning as in section 3796.01 of the Revised Code.

(I) "Process" or "processing" means converting hemp into a hemp product.

(J) "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.

(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.

(M) "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-6-cis or trans tetrahydrocannabinol, delta3,4-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 numerical 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).

(N) "Total tetrahydrocannabinol" means the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol, including delta-9 tetrahydrocannabinol, and the percentage by weight of tetrahydrocannabinolic acid.

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 cultivation and processing. 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:

(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~~ total 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;

(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~~ total 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 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 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 hemp products, which shall include the child-resistant effectiveness standards described in 16 C.F.R. 1700.15(b);

(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 hemp products;

(BB) Any other requirements or procedures necessary to administer and enforce this chapter.

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.

(B) If a person, prior to the effective date of this section, was convicted of or has pleaded guilty to a violation of division (C)(3) or (7) of section 2925.11 of the Revised Code and the conduct that was the basis of the violation involved possession of not more than fifteen grams of hashish and not more than two and one-half ounces of marihuana other than hashish, the person may file an application under this section requesting an expungement of the record of conviction.

(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. 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 or plea of guilty to that offense, and the court in which the conviction occurred or the plea of guilty was entered;

(2) Include evidence that the offense was a violation of division (C)(3) or (7) of section 2925.11 of the Revised Code, that the conviction or plea of guilty occurred prior to the effective date of this section, and that the conduct that was the basis of the violation involved possession of not more than fifteen grams of hashish and not more than two and one-half ounces of marihuana other than hashish;

(3) Include a request for expungement of the record of conviction of that offense under this section.

(D) Upon the filing of an application under division (C) of this section and the payment of the fee described in division (H) 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.

(E) At the hearing held under division (D) of this section, the court shall do both of the following:

(1) Determine whether the applicant has, prior to the effective date of this section, been convicted of or pleaded guilty to a violation of division (C)(3) or (7) of section 2925.11 of the Revised Code and whether the conduct that was the basis for the violation involved possession of not more than fifteen grams of hashish and not more than two and one-half ounces of marihuana other than hashish;

(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.

(F) 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 convicted of or pleaded guilty to a violation of division (C)(3) or (7) of section 2925.11 of the Revised Code and that the conduct that was the basis for the violation involved possession of not more than fifteen grams of hashish and not more than two and one-half ounces of marihuana other than hashish.

(G) The proceedings in the case that is the subject of an order issued under division (F) of this section shall be considered not to have occurred and the conviction or guilty plea of the person who is the subject of the proceedings shall be expunged. The record of the conviction shall not be used for any purpose, including, but not limited to, a criminal records check under section 109.572 of the Revised Code. The applicant may, and the court shall, reply that no record exists with respect to the applicant upon any inquiry into the matter.

(H) Upon the filing of an application under this section, the applicant, unless indigent, shall pay a fee of fifty dollars. The court shall pay thirty dollars of the fee into the state treasury and shall pay twenty dollars of the fee into the county general revenue fund.

Sec. 3376.07. A state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics may prohibit a student-athlete from entering into a contract providing compensation to the student-athlete for use of the student-athlete's name, image, or likeness if under the contract the student-athlete's name, image, or likeness is associated with any of the following:

(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 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. 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;

(d) Cancer;

(e) Chronic traumatic encephalopathy;

(f) Crohn's disease;

(g) Epilepsy or another seizure disorder;

(h) Fibromyalgia;

(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 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)(a) "Disqualifying offense" means, subject to divisions (A)(20)(b) and (c) of this section, committing, attempting to commit, or aiding and abetting another in committing any of the following:

(i) Any offense set forth in Chapter 2925., 3719., or 4729. of the Revised Code, the violation of which constitutes a felony or a misdemeanor of the first degree;

(ii) Any theft offense set forth under division (K) of section 2913.01 of the Revised Code, the violation of which constitutes a felony;

(iii) Any violation for which a penalty is imposed under section 3715.99 of the Revised Code;

(iv) A crime of moral turpitude as defined in section 4776.10 of the Revised Code;

(v) A violation of any former law of this state, any existing or former law of another state, any existing or former law applicable in a military court or Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any of the offenses listed in divisions (A)(20)(a)(i) to (iv) of this section.

(b) "Disqualifying offense" does not include a misdemeanor offense respecting which an applicant for licensure or employment is convicted of, or pleads guilty to, more than five years before the date the application is submitted.

(c) "Disqualifying offense" does not include any misdemeanor offense related to marijuana possession, marijuana trafficking, illegal cultivation of marijuana, illegal use or possession of drug paraphernalia or marijuana drug paraphernalia, or other misdemeanor marijuana-related offenses.

(21) "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.

(22) "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.

(23) "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.

(24) "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.

(25) "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.

(B) As used in the Revised Code, the "division of cannabis control" means the division of marijuana control and the "superintendent of cannabis control" means the superintendent of marijuana control. Whenever the division of cannabis control or the superintendent of cannabis control is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation shall be deemed to refer to the division of marijuana control or the superintendent of marijuana control, as indicated by context.

(C) Notwithstanding any conflicting provision of Chapter 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 control in the department of commerce under the supervision and direction of the superintendent of marijuana control as established under section 121.04 of the Revised Code. The ~~medical~~ marijuana control program is hereby established in the division of marijuana control. The division shall provide for the licensure of ~~medical~~ marijuana cultivators, processors, retail dispensaries, and laboratories that test ~~medical~~ marijuana. The division shall also provide for the registration of patients and their caregivers. The division shall administer the ~~medical~~ marijuana control program.

Sec. 3796.03. (A) The division of marijuana control shall adopt rules establishing standards and procedures for the ~~medical~~ marijuana 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 chapter~~licensure;

(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 criminal offenses for which an applicant will be disqualified from licensure pursuant to that section.~~

(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;

(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 online and mobile ordering and delivery of medical marijuana and adult-use marijuana by a licensed dispensary or an agent of a licensed dispensary to an adult-use consumer or registered medical marijuana patient or caregiver, as applicable.

(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.

(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. 3796.04. (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;

(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) No person shall give, sell, or transfer homegrown marijuana to any other person, with or without remuneration.

(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.

(D) The total amount of homegrown marijuana and adult-use marijuana possessed by an adult-use consumer shall not exceed:

(1) Two and one-half ounces of plant material, excluding any seeds, live plants, or clones being cultivated, grown, or processed in accordance with this section;

(2) Fifteen grams of extract.

(E) Subject to divisions (B), (C), and (D) of this section, 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. An adult-use consumer shall not be subject to arrest or criminal prosecution for a violation of division (A)(1)(a) or (b) of this section unless the number of homegrown marijuana plants the adult-use consumer cultivates, grows, or possesses is more than double the number of homegrown marijuana plants allowed under those divisions.

(F) 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 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 three hundred fifty licensed dispensaries shall be permitted to operate in this state at any one time~~, the division shall consider all of the following:~~

~~(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 marijuana 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-half 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) 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 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 smoking, combustion, and vaporization of adult-use marijuana and homegrown marijuana, and the vaporization of medical marijuana, is permitted only on 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 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 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) 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) 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~~ 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.

(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.

Sec. 3796.062. (A) No person shall transport marijuana other than adult-use marijuana, medical marijuana, or homegrown marijuana in a motor vehicle.

(B) No person shall transport adult-use marijuana or medical marijuana in a motor vehicle unless either or both of the following apply:

(1) The adult-use marijuana or medical marijuana is in the original, unopened packaging in which it was dispensed or sold;

(2) 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 transport homegrown marijuana in a motor vehicle unless the homegrown marijuana is stored in the trunk of the motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat of the motor vehicle or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.

(D) No person shall transport marijuana paraphernalia in a motor vehicle unless either or both of the following apply:

(1) The marijuana paraphernalia is in the original, unopened packaging in which it was dispensed or sold;

(2) The marijuana paraphernalia is stored in the trunk of the motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat of the motor vehicle or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.

Sec. 3796.07. The ~~department of commerce~~ division of marijuana control shall establish and maintain an electronic database to monitor medical marijuana from its seed source through its cultivation, processing, testing, and dispensing. The ~~department~~ division may contract with a separate entity to establish and maintain all or any part of the electronic database on behalf of the department.

The electronic database shall allow for information regarding medical marijuana to be updated instantaneously. ~~Any cultivator, processor, retail dispensary, or laboratory licensed under this chapter~~ A license holder shall submit to the ~~department~~ division any information the ~~department~~ division determines is necessary for maintaining the electronic database.

Information reported or collected under this section, including all data contained in the electronic database, is confidential and is not a public record for the purposes of section 149.43 of the Revised Code. The ~~department~~ division and any entity under contract with the ~~department~~ division shall not make public any information reported to or collected by the ~~department~~ division under this ~~division~~ section that identifies or would tend to identify any specific patient. Information or data that does not identify a specific patient may be released in summary, statistical, or aggregate form.

Sec. 3796.09. (A) An entity that seeks to cultivate or , process ~~medical marijuana~~ , or to conduct laboratory testing of medical marijuana and adult-use marijuana shall file an application for licensure with the ~~department~~ division of ~~commerce~~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 ~~department~~ division shall not issue a license to an applicant if unless all of the following ~~conditions~~ eligibility requirements are met:

(1) The report of the criminal records check conducted pursuant to section 3796.12 of the Revised Code with respect to the application demonstrates that the person subject to the criminal records check requirement has not been convicted of or pleaded guilty to ~~any of the~~ a disqualifying ~~offenses specified in rules adopted under section 9.79 and division (B)(2)(b) of section 3796.03 of the Revised Code~~offense.

(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.

(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;

(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 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) 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.

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.

(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-half 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.

(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;

(d) Does not meet.

(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) of this section, the licenses shall be issued according to usual procedures.

(H) A provisional license issued under this section is not transferable.

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 marijuana 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 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.

(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~~ marijuana 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 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 shall not employ the person unless the person has submitted a criminal records check under those sections. The license holder shall not employ the person unless 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 chapteroffense.

(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.

Sec. 3796.14. (A) The division of marijuana 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 division~~Chapter 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 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.

(2) The unit is invited by local law enforcement having jurisdiction over the person inspected or investigated.

Sec. 3796.15. (A) The division of marijuana 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 marijuana 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. 3796.17. The division of marijuana 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~~ any of the following:

~~(1)~~ (a) Cultivate medical marijuana and adult-use marijuana;

~~(2)~~ (b) Deliver or sell medical marijuana and adult-use marijuana to ~~one or more licensed processors~~other license holders;

(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 marijuana 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 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 of the following:

~~(1)~~ (a) Obtain medical marijuana and adult-use marijuana from ~~one or more licensed cultivators~~other 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 dispensaries~~other 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 retail dispensary:

(1) Package the medical marijuana or adult-use marijuana in accordance with child-resistant effectiveness standards described in 16 C.F.R. 1700.15(b) on September 8, 2016;

(2) Label the ~~medical marijuana~~ packaging with the product's tetrahydrocannabinol and cannabidiol content;

(3) Comply with any packaging or labeling requirements established in rules adopted by the division of marijuana control under ~~section~~ sections 3796.03 and 3796.32 of the Revised Code.

Sec. 3796.20. ~~(A)~~(A)(1) Notwithstanding any conflicting provision of the Revised Code, a licensed dispensary, including the holder of a current, valid retail dispensary license issued under this chapter~~, or previously issued by the state board of pharmacy,~~ before the effective date of this amendment, may do ~~both~~ any of the following:

~~(1)~~ (a) Obtain medical marijuana and adult-use marijuana from ~~one or more processors~~other license holders;

~~(2)~~ (b) Dispense or sell medical marijuana in accordance with division (B) 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 adult-use marijuana and medical marijuana in accordance with the rules adopted under section 3796.03 of the Revised Code.

(2) A licensed dispensary engaged in the activities authorized by this chapter shall do so respecting both medical marijuana and adult-use marijuana.

(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;

(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.

(1) 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) Dispense or sell not 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) 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;

(D) When operating a licensed retail dispensary, ~~both~~ all of the following apply:

(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 dispensary shall prominently display both of the following:

(a) A statement that the use of adult-use or homegrown marijuana by individuals under 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.

(B) The amount of adult-use marijuana possessed by an adult-use consumer shall not exceed:

(1) Two and one-half ounces of plant material;

(2) Fifteen grams of extract.

(C) Subject to division (B) of this section, an adult-use consumer is not subject to arrest or criminal prosecution for engaging in any of the activities described in division (A) of this section.

(D) This section does not authorize an adult-use consumer to operate a vehicle, streetcar, trackless trolley, watercraft, or aircraft while under the influence of marijuana.

Sec. 3796.23. (A) Notwithstanding any conflicting provision of the Revised Code, a caregiver registered under this chapter who obtains medical marijuana from a ~~retail~~ licensed 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:

(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 or adult-use marijuana.

(B) Unless there is clear and convincing evidence that a child is unsafe, the use, possession, or administration of medical marijuana, adult-use marijuana, or homegrown 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, adult-use marijuana, or homegrown 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, adult-use marijuana, or homegrown 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~~ engaging in activity authorized by this chapter is not a sufficient basis for conducting a field sobriety test on the person or for suspending the person's driver's license. To conduct any field sobriety test, a law enforcement officer must have an independent, factual basis giving reasonable suspicion that the person is operating a vehicle under the influence of marijuana or with a prohibited concentration of marijuana in the person's whole blood, blood serum, plasma, breath, or urine.

(F) Notwithstanding any conflicting provision of the Revised Code, a person's status as a registered patient or caregiver, or a an adult-use consumer's engagement in activities authorized by this chapter, shall not be used as the sole or primary basis for rejecting the person as a tenant unless the rejection is required by federal law. This division does not prohibit a landlord from prohibiting the consumption of marijuana in a residential premises or common areas by smoking, combustion, or vaporization, as long as such prohibition is included in the applicable lease agreement.

(G) Except as otherwise provided in 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~~ Subject to section 3796.06 of the Revised Code, prohibit any public place from accommodating a registered patient's use of medical marijuana or an adult-use consumer's use of adult-use marijuana or homegrown marijuana, other than 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 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 chapter~~license 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;

(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.

(B) If ~~the~~ a request for relocation of a facility of a licensed cultivator, licensed processor, ~~retail~~ licensed dispensary, or licensed laboratory ~~licensed under this chapter results~~ would result in the ~~cultivator, processor, retail dispensary, or laboratory~~ facility being located within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park, the division of marijuana control shall ~~revoke the license it previously issued to the cultivator, processor, retail dispensary, or laboratory~~deny 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 marijuana control may adopt rules regulating the advertisement of adult-use marijuana and medical marijuana to prevent advertisements that are false, misleading, targeted to minors, promote excessive use, promote illegal activity, are obscene or indecent, contain depictions of marijuana use, or promote marijuana as an intoxicant.

(B) Any rules the division adopts regulating the advertisement of adult-use marijuana shall be at least as stringent as the most stringent federal or state laws or rules governing the advertisement of tobacco or alcohol.

(C) The division may, at any time, conduct an audit of an applicant's or license holder's published advertisements to ensure that the applicant or license holder complies with this chapter and associated rules.

(D) Adult-use marijuana or medical marijuana shall not be packaged, advertised, or otherwise marketed using any graphic, picture, or drawing that bears any resemblance to a cartoon character, or any fictional character or popular culture figure whose target audience is children or youth.

(E) If the division determines that a person has violated this section or any rule adopted in accordance with this section, the division may require the person to stop using the advertisement or proceed with any enforcement action it deems 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 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. 3796.99. (A)(1) Whoever violates division (C)(2) of section 3796.06 of the Revised Code as an operator of the vehicle, streetcar, trackless trolley, watercraft, or aircraft is subject to section 1547.11, 4511.19, or 4561.15 of the Revised Code, as applicable.

(2) Whoever violates division (C)(2) of section 3796.06 of the Revised Code as a passenger of the vehicle, streetcar, trackless trolley, watercraft, or aircraft shall be sentenced as follows:

(a) Except as otherwise provided in division (A)(2)(b), (c), (d), or (e) of this section, the offender is guilty of a misdemeanor of the first degree. The court shall sentence the offender to a mandatory jail term of three consecutive days. The court may impose a jail term in addition to the three-day mandatory jail term. However, in no case shall the cumulative jail term imposed for the offense exceed six months. In addition, the court shall impose upon the offender a fine of not less than three hundred seventy-five and not more than one thousand seventy-five dollars. The court shall impose a class seven suspension of the offender's license, permit, or privileges from the range specified in division (A)(7) of section 4510.02 of the Revised Code.

(b) Except as otherwise provided in division (A)(2)(c), (d), or (e) of this section, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to one violation of division (C)(2) of section 3796.06 of the Revised Code as a passenger of a vehicle, streetcar, trackless trolley, watercraft, or aircraft is guilty of a misdemeanor of the first degree. The court shall sentence the offender to a mandatory jail term of ten consecutive days. The court may impose a jail term in addition to the ten-day mandatory jail term. However, in no case shall the cumulative jail term imposed for the offense exceed six months. In addition, notwithstanding the fines set forth in Chapter 2929. of the Revised Code, the court shall impose upon the offender a fine of not less than five hundred twenty-five and not more than one thousand six hundred twenty-five dollars. The court shall impose a class six suspension of the offender's license, permit, or privileges from the range specified in division (A)(6) of section 4510.02 of the Revised Code.

(c) Except as otherwise provided in division (A)(2)(d) or (e) of this section, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to two violations of division (C)(2) of section 3796.06 of the Revised Code as a passenger of a vehicle, streetcar, trackless trolley, watercraft, or aircraft is guilty of a misdemeanor of the first degree. The court shall sentence the offender to a mandatory jail term of thirty consecutive days. The court may impose a jail term in addition to the thirty-day mandatory jail term. Notwithstanding the jail terms set forth in sections 2929.21 to 2929.28 of the Revised Code, the additional jail term shall not exceed one year, and the cumulative jail term imposed for the offense shall not exceed one year. In addition, notwithstanding the fines set forth in Chapter 2929. of the Revised Code, the court shall impose upon the offender a fine of not less than eight hundred fifty and not more than two thousand seven hundred fifty dollars. The court shall impose a class five suspension of the offender's license, permit, or privileges from the range specified in division (A)(5) of section 4510.02 of the Revised Code.

(d) Except as otherwise provided in division (A)(2)(e) of this section, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to three violations of division (C)(2) of section 3796.06 of the Revised Code as a passenger of a vehicle, streetcar, trackless trolley, watercraft, or aircraft is guilty of a felony of the fourth degree. Notwithstanding the prison terms set forth in Chapter 2929. of the Revised Code, the court shall sentence the offender to a mandatory prison term of one, two, three, four, or five years. Additionally, notwithstanding section 2929.18 of the Revised Code, the court shall impose a fine of not less than one thousand three hundred fifty nor more than ten thousand five hundred dollars. The court shall impose a class four suspension of the offender's license, permit, or privileges from the range specified in division (A)(4) of section 4510.02 of the Revised Code.

(e) An offender who previously has been convicted of or pleaded guilty to a felony violation of division (C)(2) of section 3796.06 of the Revised Code as a passenger of a vehicle, streetcar, trackless trolley, watercraft, or aircraft, regardless of when the violation and the conviction or guilty plea occurred, is guilty of a felony of the third degree. Notwithstanding the prison terms set forth in Chapter 2929. of the Revised Code, the court shall sentence the offender to a mandatory prison term of one, two, three, four, or five years. Additionally, notwithstanding section 2929.18 of the Revised Code, the court shall impose a fine of not less than one thousand three hundred fifty nor more than ten thousand five hundred dollars. The court shall impose a class three suspension of the offender's license, permit, or privileges from the range specified in division (A)(3) of section 4510.02 of the Revised Code.

(B) Except as otherwise provided in division (A) of this section, whoever violates division (C)(2) or (3) 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 marijuana 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) Except as otherwise provided in division (E) of section 3796.04 of the Revised Code, whoever violates division (B) of section 3796.221 or division (A)(1) or (D) of section 3796.04 of the Revised Code is guilty of possession of marijuana under section 2925.11 of the Revised Code.

(E) Whoever engages in any of the activities described in section 3796.18, 3796.19, 3796.20, or 3796.21 of the Revised Code without the proper license is guilty of trafficking in marijuana under section 2925.03 of the Revised Code or illegal cultivation of marijuana under section 2925.04 of the Revised Code.

(F) Whoever violates division (C)(2) of section 3796.20 of the Revised Code is guilty of trafficking in marijuana under section 2925.03 of the Revised Code.

(G)(1) Except as otherwise provided in divisions (G)(2) to (4) of this section, whoever violates division (G) of section 3796.06 of the Revised Code by knowingly showing or giving false information concerning the individual's name, age, or other identification for the purpose of purchasing or otherwise obtaining adult-use marijuana from an adult-use dispensary licensed under this chapter is guilty of a misdemeanor of the first degree.

(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 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.

(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.

Sec. 4735.18. (A) Subject to section 4735.32 of the Revised Code, the superintendent of real estate, upon the superintendent's own motion, may investigate the conduct of any licensee. Subject to division (E) of this section and section 4735.32 of the Revised Code, the Ohio real estate commission shall impose disciplinary sanctions upon any licensee who, whether or not acting in the licensee's capacity as a real estate broker or salesperson, or in handling the licensee's own property, is found to have been convicted of a felony or a crime of moral turpitude, and may impose disciplinary sanctions upon any licensee who, in the licensee's capacity as a real estate broker or salesperson, or in handling the licensee's own property, is found guilty of:

(1) Knowingly making any misrepresentation;

(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 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;

(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;

(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. 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;

(D) Licenses issued under Chapter 4506. of the Revised Code;

(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. 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 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. 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 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 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, if invited by local law enforcement having jurisdiction, 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 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 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. 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.

(2) Tracts, lots, or parcels of land totaling less than ten acres that, during the three calendar years prior to the year in which application is filed under section 5713.31 of the Revised Code and through the last day of May of such year, were devoted exclusively to commercial animal or poultry husbandry, aquaculture, algaculture meaning the farming of algae, apiculture, the cultivation of hemp by a person issued a hemp cultivation license under section 928.02 of the Revised Code, the production for a commercial purpose of field crops, tobacco, fruits, vegetables, timber, nursery stock, ornamental trees, sod, or flowers where such activities produced an average yearly gross income of at least twenty-five hundred dollars during such three-year period or where there is evidence of an anticipated gross income of such amount from such activities during the tax year in which application is made, or were eligible conservation land;

(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;

(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.

(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.

Sec. 5739.21. (A) One hundred per cent of all money deposited into the state treasury under sections 5739.01 to 5739.31 of the Revised Code that is not required to be distributed as provided in ~~section~~ sections 5739.102 and 5739.27 of the Revised Code or division (B) of this section shall be credited to the general revenue fund.

(B)(1) In any case where any county or transit authority has levied a tax or taxes pursuant to section 5739.021, 5739.023, or 5739.026 of the Revised Code, the tax commissioner shall, within forty-five days after the end of each month, determine and certify to the director of budget and management the amount of the proceeds of such tax or taxes received during that month from billings and assessments, or associated with tax returns or reports filed during that month, to be returned to the county or transit authority levying the tax or taxes. The amount to be returned to each county and transit authority shall be a fraction of the aggregate amount of money collected with respect to each area in which one or more of such taxes are concurrently in effect with the tax levied by section 5739.02 of the Revised Code. The numerator of the fraction is the rate of the tax levied by the county or transit authority and the denominator of the fraction is the aggregate rate of such taxes applicable to such area. The amount to be returned to each county or transit authority shall be reduced by the amount of any refunds of county or transit authority tax paid pursuant to section 5739.07 of the Revised Code during the same month, or transfers made pursuant to division (B)(2) of section 5703.052 of the Revised Code.

(2) On a periodic basis, using the best information available, the tax commissioner shall distribute any amount of a county or transit authority tax that cannot be distributed under division (B)(1) of this section. Through audit or other means, the commissioner shall attempt to obtain the information necessary to make the distribution as provided under that division and, on receipt of that information, shall make adjustments to distributions previously made under this division.

(3) Eight and thirty-three one-hundredths of one per cent of the revenue collected from the tax due under division (A) of section 5739.029 of the Revised Code shall be distributed to the county where the sale of the motor vehicle is sitused under section 5739.033 of the Revised Code. The amount to be so distributed to the county shall be apportioned on the basis of the rates of taxes the county levies pursuant to sections 5739.021 and 5739.026 of the Revised Code, as applicable, and shall be credited to the funds of the county as provided in divisions (A) and (B) of section 5739.211 of the Revised Code.

(C) The aggregate amount to be returned to any county or transit authority shall be reduced by one per cent, which shall be certified directly to the credit of the local sales tax administrative fund, which is hereby created in the state treasury. For the purpose of determining the amount to be returned to a county and transit authority in which the rate of tax imposed by the transit authority has been reduced under section 5739.028 of the Revised Code, the tax commissioner shall use the respective rates of tax imposed by the county or transit authority that results from the change in the rates authorized under that section.

(D) The director of budget and management shall transfer, from the same funds and in the same proportions specified in division (A) of this section, to the permissive tax distribution fund created by division (B)(1) of section 4301.423 of the Revised Code and to the local sales tax administrative fund, the amounts certified by the tax commissioner. The tax commissioner shall then, on or before the twentieth day of the month in which such certification is made, provide for payment of such respective amounts to the county treasurer and to the fiscal officer of the transit authority levying the tax or taxes. The amount transferred to the local sales tax administrative fund is for use by the tax commissioner in defraying costs incurred in administering such taxes levied by a county or transit authority.

Sec. 5739.27. (A) Terms used in this section have the same meanings as in section 3796.01 of the Revised Code.

(B) For the purpose of funding the needs of the state and local governments that host adult-use marijuana dispensaries, an 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 other taxes levied under this chapter or Chapter 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 section 5739.02 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. A vendor with no sales of adult-use marijuana for a reporting period is not required to file this separate return. For all purposes of the Revised Code, the tax levied under this section shall be considered a tax levied under section 5739.02 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 marijuana receipts fund, which is created in the state treasury. Investment earnings of the marijuana receipts fund shall be credited to that fund.

From the marijuana receipts 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 under section 5739.07 of the Revised Code.

(F) After making any transfers required under divisions (E) and (G) of this section, the director of budget and management shall transfer amounts remaining in the marijuana receipts fund to the general revenue fund.

(G) Beginning in fiscal year 2026, and for the following four fiscal years, the director of budget and management shall distribute twenty per cent of funds in the marijuana receipts fund, after making any transfers required under division (E) of this section, to the host community cannabis fund, which is created in the state treasury, for the benefit of municipal corporations or townships that have not prohibited or limited adult-use dispensaries under section 3780.25 of the Revised Code, as that section existed immediately before its repeal by this act, before March 1, 2025. Distributions to such municipal corporations and townships shall be based on the portion of the tax levied under division (B) of this section attributable to each municipal corporation or township. Municipal corporations and townships receiving funds under this division may use such funds for any lawful purpose.

Distributions under this division shall be made by the end of each month based on tax collections from the preceding month. The tax commissioner shall make data available to the director of the office of budget and management for this purpose and the director of budget and management shall provide for payment of those amounts to municipal corporations and townships as required.

Sec. 5739.99. (A) Whoever violates section 5739.26 or 5739.29 of the Revised Code shall be fined not less than twenty-five nor more than one hundred dollars for a first offense; for each subsequent offense such person shall, if a corporation, be fined not less than one hundred nor more than five hundred dollars, or if an individual, or a member of a partnership, firm, or association, be fined not less than twenty-five nor more than one hundred dollars, or imprisoned not more than sixty days, or both.

(B) Whoever violates division (A) of section 5739.30 of the Revised Code shall be fined not less than one hundred nor more than one thousand dollars, or imprisoned not more than sixty days, or both.

(C)(1) Whoever violates division (A)(1) of section 5739.31 of the Revised Code shall be fined not less than twenty-five nor more than one hundred dollars. If the offender previously has been convicted of a violation of division (A)(1) of section 5739.31 of the Revised Code, the offender is guilty of a felony of the fourth degree.

(2) Whoever violates division (A)(2) of section 5739.31 of the Revised Code shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned for not more than ten days, or both, for the first offense; for each subsequent offense, each such person shall be fined not less than one thousand dollars nor more than twenty-five hundred dollars, or imprisoned not more than thirty days, or both. The motor vehicles and goods of any person charged with violating division (A)(2) of section 5739.31 of the Revised Code may be impounded and held pending the disposition of the charge, and may be sold at auction by the county sheriff in the manner prescribed by law to satisfy any fine imposed by this division.

(3) Whoever violates division (B) of section 5739.31 of the Revised Code is guilty of a felony of the fourth degree. Each day that business is conducted while a vendor's license is suspended constitutes a separate offense.

(D) Except as otherwise provided in this section, whoever violates sections 5739.01 to 5739.31 of the Revised Code, or any lawful rule promulgated by the department of taxation under authority of such sections, shall be fined not less than twenty-five nor more than one hundred dollars.

(E) Whoever violates section 5739.12 of the Revised Code by failing to remit to the state the tax collected under section 5739.02, 5739.021, 5739.023, or 5739.026, or 5739.27 of the Revised Code is guilty of a felony of the fourth degree and shall suffer the loss of the person's vendor's license as required by section 5739.17 of the Revised Code. A person shall not be eligible for a vendor's license for two years following conviction.

(F) Whoever violates division (E) of section 5739.17 of the Revised Code is guilty of failure to display a transient vendor's license, a minor misdemeanor. A sheriff or police officer in a municipal corporation may enforce this division. The prosecuting attorney of a county shall inform the tax commissioner of any instance when a complaint is brought against a transient vendor pursuant to this division.

(G) Whoever violates section 5739.103 of the Revised Code shall be fined not less than twenty-five nor more than one hundred dollars. If the offender previously has been convicted of violating that section, the offender is guilty of a felony of the fourth degree.

(H) The penalties provided in this section are in addition to any penalties imposed by the tax commissioner under section 5739.133 of the Revised Code.

Section 2. That existing sections 9.79, 519.21, 928.01, 928.03, 3376.07, 3796.01, 3796.02, 3796.03, 3796.05, 3796.06, 3796.07, 3796.09, 3796.10, 3796.12, 3796.13, 3796.14, 3796.15, 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, 4735.18, 4796.25, 5502.01, 5502.13, 5502.14, 5713.30, 5739.21, and 5739.99 of the Revised Code are hereby repealed.

Section 3. That sections 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, 3780.18, 3780.19, 3780.20, 3780.21, 3780.22, 3780.23, 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. (A) All rules adopted by the Division of Cannabis Control 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 of Marijuana Control. The Director of the Legislative Service Commission shall renumber rules adopted under Chapter 3780. of the Revised 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 of Marijuana Control 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 Marijuana Control in accordance with Chapter 3796. of the Revised Code, as amended by this act, during the period beginning on the effective date of this section and ending twelve months after that date is not subject to sections 121.95 to 121.953 of the Revised Code.

Section 5. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:

Section 519.21 of the Revised Code as amended by both H.B. 523 and S.B. 75 of the 131st General Assembly.

Section 5739.99 of the Revised Code as amended by both S.B. 143 and S.B. 200 of the 124th General Assembly.