As Passed by the House

136th General Assembly

Regular Session Sub. S. B. No. 56

2025-2026

Senator Huffman

Cosponsors: Senators Brenner, Cirino, Reineke, Reynolds, Schaffer, Wilson

Representatives Stewart, Willis, Brennan, Brewer, Brownlee, Callender, Fowler Arthur, Humphrey, John, Newman, Odioso, Plummer, Sigrist, Synenberg, Williams, Young

To amend sections 9.79, 109.572, 131.02, 519.21, 715.013, 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, 4506.01, 4735.18, 4796.25, 5502.01, 5502.13, 5502.14, 5703.052, 5703.053, 5703.19, 5703.263, 5703.50, 5703.70, 5703.77, 5713.30, and 5743.45; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 3780.37 (3796.34); to enact sections 928.08, 2953.321, 3779.01, 3779.02, 3779.021, 3779.022, 3779.03, 3779.031, 3779.032, 3779.04, 3779.05, 3779.051, 3779.06, 3779.07, 3779.08, 3779.09, 3779.10, 3779.11, 3779.21, 3779.22, 3779.221, 3779.23, 3779.24, 3779.25, 3779.26, 3779.27, 3779.28, 3779.29, 3779.30, 3779.40, 3779.41, 3779.42, 3779.43, 3779.431, 3779.44, 3779.45, 3779.451, 3779.46, 3779.47, 3779.48, 3779.99, 3796.04, 3796.062, 3796.221, 3796.32, 3796.33, 3796.40, 3796.99, and 5119.171; 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, 3780.20, 3780.21, 3780.22, 3780.24, 3780.25, 3780.26, 3780.27, 3780.28, 3780.29, 3780.30, 3780.31, 3780.32, 3780.33, 3780.34, 3780.35, 3780.36, 3780.90, 3780.99, and 3796.021 of the Revised Code to revise specified provisions of the liquor control, hemp, and adult-use marijuana laws, to levy taxes on certain hemp products, and to make an appropriation.

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

Section 1. That sections 9.79, 109.572, 131.02, 519.21, 715.013, 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, 4506.01, 4735.18, 4796.25, 5502.01, 5502.13, 5502.14, 5703.052, 5703.053, 5703.19, 5703.263, 5703.50, 5703.70, 5703.77, 5713.30, and 5743.45 be amended; section 3780.37 (3796.34) be amended for the purpose of adopting a new section number as indicated in parentheses; and sections 928.08, 2953.321, 3779.01, 3779.02, 3779.021, 3779.022, 3779.03, 3779.031, 3779.032, 3779.04, 3779.05, 3779.051, 3779.06, 3779.07, 3779.08, 3779.09, 3779.10, 3779.11, 3779.21, 3779.22, 3779.221, 3779.23, 3779.24, 3779.25, 3779.26, 3779.27, 3779.28, 3779.29, 3779.30, 3779.40, 3779.41, 3779.42, 3779.43, 3779.431, 3779.44, 3779.45, 3779.451, 3779.46, 3779.47, 3779.48, 3779.99, 3796.04, 3796.062, 3796.221, 3796.32, 3796.33, 3796.40, 3796.99, and 5119.171 of the Revised Code be enacted to read as follows:

Sec. 9.79. (A) As used in this section:

(1) "License" means an authorization evidenced by a license, certificate, registration, permit, card, or other authority that is issued or conferred by a licensing authority to an individual by which the individual has or claims the privilege to engage in a profession, occupation, or occupational activity over which the licensing authority has jurisdiction. "License" does not include a registration under section 101.72, 101.92, or 121.62 of the Revised Code.

(2) "Licensing authority" means a state agency that issues licenses under Title XLVII or any other provision of the Revised Code to practice an occupation or profession.

(3) "Offense of violence" has the same meaning as in section 2901.01 of the Revised Code.

(4) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.

(5) "State agency" has the same meaning as in section 1.60 of the Revised Code.

(6) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

(7) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.

(8) "Fiduciary duty" means a duty to act for someone else's benefit, while subordinating one's personal interest to that of the other person.

(B)(1) Notwithstanding any provision of the Revised Code to the contrary, subject to division (L) of this section, for each type of license issued or conferred by a licensing authority, the licensing authority shall establish within one hundred eighty days after April 12, 2021, a list of specific criminal offenses for which a conviction, judicial finding of guilt, or plea of guilty may disqualify an individual from obtaining an initial license. The licensing authority shall make the list available to the public on the licensing authority's web site pursuant to division (C) of section 9.78 of the Revised Code. The licensing authority, in adopting the list, shall do both of the following:

(a) Identify each disqualifying offense by name or by the Revised Code section number that creates the offense;

(b) Include in the list only criminal offenses that are directly related to the duties and responsibilities of the licensed occupation.

(2) The licensing authority may include in the list established under division (B)(1) of this section an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any section or offense included in the list adopted under division (B)(1) of this section.

(C)(1) Except as provided in division (C)(2) or (D) of this section and subject to division (L) 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. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2923.17, 2923.21, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 2925.37, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;

(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section;

(c) If the request is made pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, any offense specified under section 9.79 of the Revised Code or in section 3319.31 of the Revised Code.

(2) On receipt of a request pursuant to section 3712.09 or 3721.121 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position for which a criminal records check is required by those sections. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.

(3) On receipt of a request pursuant to section 173.27, 173.38, 173.381, 3740.11, 5119.34, 5164.34, 5164.341, 5164.342, 5123.081, or 5123.169 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check of the person for whom the request is made. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of, has pleaded guilty to, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) has been found eligible for intervention in lieu of conviction for any of the following, regardless of the date of the conviction, the date of entry of the guilty plea, or (except in the case of a request pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised Code) the date the person was found eligible for intervention in lieu of conviction:

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.124, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of the Revised Code;

(b) Felonious sexual penetration in violation of former section 2907.12 of the Revised Code;

(d) A violation of section 2923.01, 2923.02, or 2923.03 of the Revised Code when the underlying offense that is the object of the conspiracy, attempt, or complicity is one of the offenses listed in divisions (A)(3)(a) to (c) of this section;

(e) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in divisions (A)(3)(a) to (d) of this section.

(4) On receipt of a request pursuant to section 2151.86, 2151.904, or 5103.053 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 959.13, 2151.421, 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.32, 2903.34, 2905.01, 2905.02, 2905.05, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2923.17, 2923.21, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 2925.37, 2927.12, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, two or more OVI or OVUAC violations committed within the three years immediately preceding the submission of the application or petition that is the basis of the request, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code, or a violation of Chapter 2919. of the Revised Code that is a felony;

(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.

(5) Upon receipt of a request pursuant to section 5104.013 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2151.421, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04, 2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.22, 2919.224, 2919.225, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.14, 2921.34, 2921.35, 2923.01, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.

(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (A)(5)(a) of this section.

(6) Upon receipt of a request pursuant to section 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;

(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section.

(7) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. Subject to division (F) of this section, the superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety.

(8) On receipt of a request pursuant to section 1321.37, 1321.53, or 4763.05 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for a license, permit, or certification from the department of commerce or a division in the department. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense in this state, any other state, or the United States.

(9) On receipt of a request for a criminal records check from the treasurer of state under section 113.041 of the Revised Code or from an individual under section 928.03, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4729.53, 4729.90, 4729.92, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4747.051, 4751.20, 4751.201, 4751.21, 4753.061, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4774.031, 4774.06, 4776.021, 4778.04, 4778.07, 4779.091, or 4783.04 of the Revised Code, accompanied by a completed form prescribed under division (C)(1) of this section and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or any other state. Subject to division (F) of this section, the superintendent shall send the results of a check requested under section 113.041 of the Revised Code to the treasurer of state and shall send the results of a check requested under any of the other listed sections to the licensing board specified by the individual in the request.

(10) On receipt of a request pursuant to section 124.74, 718.131, 1121.23, 1315.141, 1733.47, or 1761.26 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense under any existing or former law of this state, any other state, or the United States.

(11) On receipt of a request for a criminal records check from an appointing or licensing authority under section 3772.07 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any offense under any existing or former law of this state, any other state, or the United States that makes the person ineligible for appointment or retention under section 3772.07 of the Revised Code or that is a disqualifying offense as defined in that section or substantially equivalent to a disqualifying offense, as applicable.

(12) On receipt of a request pursuant to section 2151.33 or 2151.412 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person for whom a criminal records check is required under that section. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(12)(a) of this section.

(13) On receipt of a request pursuant to section 3796.12 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to a disqualifying offense as specified in rules adopted under section 9.79 and division ~~(B)(2)(b)~~ (B) of section 3796.03 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the department of commerce under Chapter 3796. of the Revised Code.

(14) On receipt of a request required by section 3796.13 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to a disqualifying offense as specified in rules adopted under section 9.79 and division ~~(B)(14)(a)~~(B) of section 3796.03 of the Revised Code if the person who is the subject of the request is seeking employment with an entity licensed by the department of commerce under Chapter 3796. of the Revised Code.

(15) On receipt of a request pursuant to section 4768.06 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or in any other state.

(16) On receipt of a request pursuant to division (B) of section 4764.07 or division (A) of section 4735.143 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in any state or the United States.

(17) On receipt of a request for a criminal records check under section 147.022 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any criminal offense under any existing or former law of this state, any other state, or the United States.

(18) Upon receipt of a request pursuant to division (F) of section 2915.081 or division (E) of section 2915.082 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty or no contest to any offense that is a violation of Chapter 2915. of the Revised Code or to any offense under any existing or former law of this state, any other state, or the United States that is substantially equivalent to such an offense.

(19) On receipt of a request pursuant to section 3775.03 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section and shall request information from the federal bureau of investigation to determine whether any information exists indicating that the person who is the subject of the request has been convicted of any offense under any existing or former law of this state, any other state, or the United States that is a disqualifying offense as defined in section 3772.07 of the Revised Code.

(20) On receipt of a request pursuant to section 3779.05 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to a disqualifying offense as defined in section 3779.01 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the division of cannabis control in the department of commerce under section 3779.03 of the Revised Code.

(21) On receipt of a request required by section 3779.051 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to a disqualifying offense as defined in section 3779.01 of the Revised Code if the person who is the subject of the request is seeking employment with an entity licensed by the department of commerce under section 3779.03 of the Revised Code.

(B) Subject to division (F) of this section, the superintendent shall conduct any criminal records check to be conducted under this section as follows:

(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the criminal records check, including, if the criminal records check was requested under section 113.041, 121.08, 124.74, 173.27, 173.38, 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37, 1321.53, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3740.11, 3712.09, 3721.121, 3772.07, 3775.03, 3779.05, 3796.12, 3796.13, 4729.071, 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05, 4764.07, 4768.06, 5103.053, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;

(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the criminal records check, including fingerprint-based checks of national crime information databases as described in 42 U.S.C. 671 if the request is made pursuant to section 2151.86, 5103.053, or 5104.013 of the Revised Code or if any other Revised Code section requires fingerprint-based checks of that nature, and shall review or cause to be reviewed any information the superintendent receives from that bureau. If a request under section 3319.39 of the Revised Code asks only for information from the federal bureau of investigation, the superintendent shall not conduct the review prescribed by division (B)(1) of this section.

(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code.

(4) The superintendent shall include in the results of the criminal records check a list or description of the offenses listed or described in the relevant provision of division (A) of this section. The superintendent shall exclude from the results any information the dissemination of which is prohibited by federal law.

(5) The superintendent shall send the results of the criminal records check to the person to whom it is to be sent not later than the following number of days after the date the superintendent receives the request for the criminal records check, the completed form prescribed under division (C)(1) of this section, and the set of fingerprint impressions obtained in the manner described in division (C)(2) of this section:

(a) If the superintendent is required by division (A) of this section (other than division (A)(3) of this section) to conduct the criminal records check, thirty;

(b) If the superintendent is required by division (A)(3) of this section to conduct the criminal records check, sixty.

(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is to be conducted under this section. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.

(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is to be conducted under this section. Any person for whom a records check is to be conducted under this section shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.

(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check under this section. The person requesting the criminal records check shall pay the fee prescribed pursuant to this division. In the case of a request under section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or 5164.34 of the Revised Code, the fee shall be paid in the manner specified in that section.

(4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic method.

(D) The results of a criminal records check conducted under this section, other than a criminal records check specified in division (A)(7) of this section, are valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent completes the criminal records check. If during that period the superintendent receives another request for a criminal records check to be conducted under this section for that person, the superintendent shall provide the results from the previous criminal records check of the person at a lower fee than the fee prescribed for the initial criminal records check.

(E) When the superintendent receives a request for information from a registered private provider, the superintendent shall proceed as if the request was received from a school district board of education under section 3319.39 of the Revised Code. The superintendent shall apply division (A)(1)(c) of this section to any such request for an applicant who is a teacher.

(F)(1) Subject to division (F)(2) of this section, all information regarding the results of a criminal records check conducted under this section that the superintendent reports or sends under division (A)(7) or (9) of this section to the director of public safety, the treasurer of state, or the person, board, or entity that made the request for the criminal records check shall relate to the conviction of the subject person, or the subject person's plea of guilty to, a criminal offense.

(2) Division (F)(1) of this section does not limit, restrict, or preclude the superintendent's release of information that relates to the arrest of a person who is eighteen years of age or older, to an adjudication of a child as a delinquent child, or to a criminal conviction of a person under eighteen years of age in circumstances in which a release of that nature is authorized under division (E)(2), (3), or (4) of section 109.57 of the Revised Code pursuant to a rule adopted under division (E)(1) of that section.

(G) As used in this section:

(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.

(2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.

(3) "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised Code or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to section 4511.19 of the Revised Code.

(4) "Registered private provider" means a nonpublic school or entity registered with the department of education and workforce under section 3310.41 of the Revised Code to participate in the autism scholarship program or section 3310.58 of the Revised Code to participate in the Jon Peterson special needs scholarship program.

Sec. 131.02. (A) Except as otherwise provided in section 4123.37, section 5703.061, and division (K) of section 4123.511 of the Revised Code, whenever any amount is payable to the state, the officer, employee, or agent responsible for administering the law under which the amount is payable shall immediately proceed to collect the amount or cause the amount to be collected and shall pay the amount into the state treasury or into the appropriate custodial fund in the manner set forth pursuant to section 113.08 of the Revised Code. Except as otherwise provided in this division, if the amount is not paid within forty-five days after payment is due, the officer, employee, or agent shall certify the amount due to the attorney general, in the form and manner prescribed by the attorney general. In the case of an amount payable by a student enrolled in a state institution of higher education, the amount shall be certified within the later of forty-five days after the amount is due or the tenth day after the beginning of the next academic semester, quarter, or other session following the session for which the payment is payable. The attorney general may assess the collection cost to the amount certified in such manner and amount as prescribed by the attorney general. If an amount payable to a political subdivision is past due, the political subdivision may, with the approval of the attorney general, certify the amount to the attorney general pursuant to this section.

For the purposes of this section, the attorney general and the officer, employee, or agent responsible for administering the law under which the amount is payable shall agree on the time a payment is due, and that agreed upon time shall be one of the following times:

(1) If a law, including an administrative rule, of this state prescribes the time a payment is required to be made or reported, when the payment is required by that law to be paid or reported.

(2) If the payment is for services rendered, when the rendering of the services is completed.

(3) If the payment is reimbursement for a loss, when the loss is incurred.

(4) In the case of a fine or penalty for which a law or administrative rule does not prescribe a time for payment, when the fine or penalty is first assessed.

(5) If the payment arises from a legal finding, judgment, or adjudication order, when the finding, judgment, or order is rendered or issued.

(6) If the payment arises from an overpayment of money by the state to another person, when the overpayment is discovered.

(7) The date on which the amount for which an individual is personally liable under section 5735.35, section 5739.33, or division (G) of section 5747.07 of the Revised Code is determined.

(8) Upon proof of claim being filed in a bankruptcy case.

(9) Any other appropriate time determined by the attorney general and the officer, employee, or agent responsible for administering the law under which the amount is payable on the basis of statutory requirements or ordinary business processes of the agency, institution, or political subdivision to which the payment is owed.

(B)(1) The attorney general shall give immediate notice by mail or otherwise to the party indebted of the nature and amount of the indebtedness.

(2) If the amount payable to this state arises from a tax levied under Chapter 3779., 3796., 5733., 5739., 5741., 5747., or 5751. of the Revised Code, the notice also shall specify all of the following:

(a) The assessment or case number;

(b) The tax pursuant to which the assessment is made;

(d) An explanation of how and when interest will be added to the amount assessed;

(e) That the attorney general and tax commissioner, acting together, have the authority, but are not required, to compromise the claim and accept payment over a reasonable time, if such actions are in the best interest of the state.

(D) Each claim shall bear interest, from the day on which the claim became due, at the rate per annum required by section 5703.47 of the Revised Code.

(E) The attorney general and the chief officer of the agency reporting a claim, acting together, may do any of the following if such action is in the best interests of the state:

(1) Compromise the claim;

(2) Extend for a reasonable period the time for payment of the claim by agreeing to accept monthly or other periodic payments. The agreement may require security for payment of the claim.

(3) Add fees to recover the cost of processing checks or other draft instruments returned for insufficient funds and the cost of providing electronic payment options.

(F)(1) Except as provided in division (F)(2) of this section, if the attorney general finds, after investigation, that any claim due and owing to the state is uncollectible, the attorney general, with the consent of the chief officer of the agency reporting the claim, may do the following:

(a) Sell, convey, or otherwise transfer the claim to one or more private entities for collection;

(b) Cancel the claim or cause it to be canceled.

(2) The attorney general shall cancel or cause to be canceled an unsatisfied claim on the date that is forty years after the date the claim is certified, unless the attorney general has adopted a rule under division (F)(5) of this section shortening this time frame with respect to a subset of claims.

(3) No initial action shall be commenced to collect any tax payable to the state that is administered by the tax commissioner, whether or not such tax is subject to division (B) of this section, or any penalty, interest, or additional charge on such tax, after the expiration of the period ending on the later of the dates specified in divisions (F)(3)(a) and (b) of this section, provided that such period shall be extended by the period of any stay to such collection or by any other period to which the parties mutually agree. If the initial action in aid of execution is commenced before the later of the dates specified in divisions (F)(3)(a) and (b) of this section, any and all subsequent actions may be pursued in aid of execution of judgment for as long as the debt exists.

(a) Seven years after the assessment of the tax, penalty, interest, or additional charge is issued.

(b) Four years after the assessment of the tax, penalty, interest, or additional charge becomes final. For the purposes of division (F)(3)(b) of this section, the assessment becomes final at the latest of the following: upon expiration of the period to petition for reassessment, or if applicable, to appeal a final determination of the commissioner or decision of the board of tax appeals or a court, or, if applicable, upon decision of the United States supreme court.

For the purposes of division (F)(3) of this section, an initial action to collect a tax debt is commenced at the time when a certified copy of the tax commissioner's entry making an assessment final has been filed in the office of the clerk of court of common pleas in the county in which the taxpayer resides or has its principal place of business in this state, or in the office of the clerk of court of common pleas of Franklin county, as provided in section 3779.44, 5739.13, 5741.14, 5747.13, or 5751.09 of the Revised Code or in any other applicable law requiring such a filing. If an assessment has not been issued and there is no time limitation on the issuance of an assessment under applicable law, an action to collect a tax debt commences when the action is filed in the courts of this state to collect the liability.

(4) If information contained in a claim that is sold, conveyed, or transferred to a private entity pursuant to this section is confidential pursuant to federal law or a section of the Revised Code that implements a federal law governing confidentiality, such information remains subject to that law during and following the sale, conveyance, or transfer.

(5) The attorney general may adopt rules to aid in the implementation of this section.

Sec. 519.21. (A) Except as otherwise provided in divisions (B) and (D) of this section, sections 519.02 to 519.25 of the Revised Code confer no power on any township zoning commission, board of township trustees, or board of zoning appeals to prohibit the use of any land for agricultural purposes or the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located, including buildings or structures that are used primarily for vinting and selling wine and that are located on land any part of which is used for viticulture, and no zoning certificate shall be required for any such building or structure.

(B) A township zoning resolution, or an amendment to such resolution, may in any platted subdivision approved under section 711.05, 711.09, or 711.10 of the Revised Code, or in any area consisting of fifteen or more lots approved under section 711.131 of the Revised Code that are contiguous to one another, or some of which are contiguous to one another and adjacent to one side of a dedicated public road, and the balance of which are contiguous to one another and adjacent to the opposite side of the same dedicated public road regulate:

(1) Agriculture on lots of one acre or less;

(2) Buildings or structures incident to the use of land for agricultural purposes on lots greater than one acre but not greater than five acres by: set back building lines; height; and size;

(3) Dairying and animal and poultry husbandry on lots greater than one acre but not greater than five acres when at least thirty-five per cent of the lots in the subdivision are developed with at least one building, structure, or improvement that is subject to real property taxation or that is subject to the tax on manufactured and mobile homes under section 4503.06 of the Revised Code. After thirty-five per cent of the lots are so developed, dairying and animal and poultry husbandry shall be considered nonconforming use of land and buildings or structures pursuant to section 519.19 of the Revised Code.

Division (B) of this section confers no power on any township zoning commission, board of township trustees, or board of zoning appeals to regulate agriculture, buildings or structures, and dairying and animal and poultry husbandry on lots greater than five acres.

(C) Such sections confer no power on any township zoning commission, board of township trustees, or board of zoning appeals to prohibit in a district zoned for agricultural, industrial, residential, or commercial uses, the use of any land for:

(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. 715.013. (A) Except as otherwise expressly authorized by the Revised Code, no municipal corporation shall levy a tax that is the same as or similar to a tax levied under Chapter 322., 3734., 3769., 3779., 3796., 4123., 4141., 4301., 4303., 4305., 4307., 4309., 5707., 5725., 5726., 5727., 5728., 5729., 5731., 5735., 5736., 5737., 5739., 5741., 5743., 5747., 5749., or 5751. of the Revised Code.

(B) No municipal corporation may impose any tax, fee, assessment, or other charge on auxiliary containers, on the sale, use, or consumption of such containers, or on the basis of receipts received from the sale of such containers. As used in this division, "auxiliary container" has the same meaning as in section 3767.32 of the Revised Code.

(C) This section does not prohibit a municipal corporation from levying an income tax or withholding tax in accordance with Chapter 718. of the Revised Code, or a tax on any of the following:

(1) Amounts received for admission to any place;

(2) The income of an electric company or combined company, as defined in section 5727.01 of the Revised Code;

(3) On and after January 1, 2004, the income of a telephone company, as defined in section 5727.01 of the Revised Code.

Sec. 928.01. As used in this chapter:

(A) "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 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. "Hemp product" includes cosmetics, personal care products, dietary supplements or food intended for animal or human consumption, ~~cloth, cordage, fiber, fuel, paint, paper, particleboard,~~ vapor products, processed hemp flowers, and any other product containing one or more cannabinoids derived from hemp, including cannabidiol. "Hemp product" includes any hemp not in the possession of a licensed hemp cultivator or hemp processor. "Hemp product" does not include a non-cannabinoid hemp product.

(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) "Non-cannabinoid hemp product" means any product that is made from hemp that does not include cannabinoids. "Non-cannabinoid hemp product" includes cloth, cordage, fiber, fuel, paint, paper, particleboard, and foods that have been approved by the United States food and drug administration as generally recognized as safe.

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

~~(J)~~ (K) "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)~~ (L) "Tetrahydrocannabinol" means naturally occurring substances contained in the plant, or in the resinous extractives of cannabis, sp. or derivatives, and their isomers with similar chemical structure to delta-1-cis or trans tetrahydrocannabinol, and their optical isomers, salts and salts of isomers. "Tetrahydrocannabinol" includes, but is not limited to, delta-8 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, tetrahydrocannabinol-o acetate, tetrahydrocannabiphorol, tetrahydrocannabivarin, hexahydrocannabinol, delta-6-cis or trans tetrahydrocannabinol, delta-3,4-cis or trans tetrahydrocannabinol, 9-hexahydrocannabinol, and delta-9-tetrahydrocannabinol acetate. Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of designation of atomic positions, are included.

"Tetrahydrocannabinol" does not include the following:

(1) Tetrahydrocannabinols approved by the United States food and drug administration for marketing as a medication or recognized by the United States food and drug administration as generally recognized as safe.

(2) Cannabichromene (CBC);

(3) Cannabicyclol (CBL);

(4) Cannabidiol (CBD),

(5) Cannabidivarol (CBDV);

(6) Cannabielsoin (CBE);

(7) Cannabigerol (CBG);

(8) Cannabigerovarin (CBGV);

(9) Cannabinol (CBN);

(10) Cannabivarin (CBV).

(M) "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)~~ (N) "USDA" means the United States department of agriculture.

(O) "Adult-use marijuana" and "medical marijuana" have the same meanings as in section 3796.01 of the Revised Code.

(P) "Electronic smoking device" means any device that can be used to deliver aerosolized or vaporized hemp or any other substance to the person inhaling from the device, including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. "Electronic smoking device" includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device.

(Q) "Vapor product" means a product that contains or is made or derived from hemp and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. "Vapor product" includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product.

(R) "Processed hemp flower" means the flower of a hemp plant that has been dried or cured.

Sec. 928.03. The director of agriculture, in consultation with the governor and attorney general, shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standards and procedures for the regulation of hemp processing. The director also shall adopt such rules, in consultation with the governor and attorney general, regarding hemp cultivation if the director implements a program to monitor and regulate hemp cultivation under division (A)(1) of section 928.02 of the Revised Code. The rules shall include all of the following:

(A) The form of an application for a hemp cultivation license and hemp processing license and the information required to be included in each license application;

(B) The amount of an initial application fee that an applicant shall submit along with an application for a hemp cultivation license or a hemp processing license, and the amount of an annual license fee that a licensee shall submit for a hemp cultivation license or a hemp processing license. In adopting rules under division (B) of this section, the director shall ensure both of the following:

(1) That the amount of the application fee and annual license fee does not exceed an amount sufficient to cover the costs incurred by the department of agriculture to administer and enforce this chapter;

(2) That there is one uniform application fee and one uniform annual license fee that applies to all applicants for a hemp cultivation license.

(C) Requirements and procedures concerning background investigations of each applicant for a hemp cultivation license and each applicant for a hemp processing license. The director shall include both of the following in the rules adopted under this division:

(1) A requirement that each applicant comply with sections 4776.01 to 4776.04 of the Revised Code;

(2) Provisions that prohibit the director from issuing a hemp cultivation license or hemp processing license to an applicant that has not complied with those sections.

(D) Requirements regarding the experience, equipment, facilities, or land necessary to obtain a hemp cultivation license;

(E) Requirements and procedures regarding standards of financial responsibility for each applicant for a hemp processing license.

(F) Procedures and requirements for the issuance, renewal, denial, suspension, and revocation of a hemp cultivation license and hemp processing license, including providing for a hearing under Chapter 119. of the Revised Code with regard to such a denial, suspension, or revocation;

(G) Grounds for the denial, suspension, and revocation of a hemp cultivation license and of a hemp processing license, including a requirement that the director revoke a hemp cultivation license or hemp processing license, for a period of ten years, of any person who pleads guilty to or is convicted of a felony relating to a controlled substance;

(H) A requirement that the director shall not issue a hemp cultivation license or hemp processing license to any person who has pleaded guilty to or been convicted of a felony relating to a controlled substance in the ten years immediately prior to the submission of the application for a license;

(I) A requirement that any person that materially falsifies information in an application for a hemp cultivation license or hemp processing license is ineligible to receive either license;

(J) A practice for maintaining relevant information regarding land on which hemp is cultivated by hemp cultivation licensees, including a legal description of the land, in accordance with applicable federal law;

(K) Requirements prohibiting a hemp cultivation licensee and a hemp processing licensee from cultivating or processing marihuana;

(L) A procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of plants and products for purposes of determining compliance with this chapter and rules adopted under it;

(M) Requirements and procedures for the issuance, administration, and enforcement of corrective action plans issued under this chapter;

(N) A procedure for conducting annual inspections of, at a minimum, a random sample of hemp cultivation license holders to verify that plants are not being cultivated in violation of this chapter or rules adopted under it;

(O) A procedure for conducting annual inspections of, at a minimum, a random sample of hemp processing license holders to verify that such license holders are not operating in violation of this chapter or rules adopted under it;

(P) A procedure for complying with enforcement procedures required under federal law;

(Q) A procedure for the effective disposal of all of the following:

(1) Plants, whether growing or not, cultivated in violation of this chapter or rules adopted under it;

(2) Products derived from plants cultivated in violation of this chapter or rules adopted under it;

(3) Products produced in violation of this chapter or rules adopted under it.

(R) Requirements and procedures governing the production, storage, and disposal of hemp byproducts.

For the purposes of this chapter and notwithstanding any provision of law to the contrary, "hemp product" includes a byproduct, produced as a result of processing hemp, that contains a delta-9 tetrahydrocannabinol concentration of more than three-tenths per cent, provided that the byproduct is produced, stored, and disposed of in accordance with rules adopted under division (R) of this section.

(S) Procedures for sharing information regarding hemp cultivation license holders with the secretary of the USDA;

(T) A setback distance requirement that specifies the distance that a hemp cultivation license holder shall locate hemp plants from a location where medical marijuana or adult-use marijuana is being cultivated. The requirement does not apply to a hemp cultivation license holder with regard to a ~~medical~~ marijuana cultivator that locates medical marijuana or adult-use marijuana within the established setback distance requirement after the hemp cultivation license holder begins operation.

(U) Annual reporting requirements and procedures for hemp cultivation license holders and hemp processing license holders;

(V) Recordkeeping and documentation maintenance requirements and procedures for hemp cultivation license holders and hemp processing license holders;

(W) Fees for the laboratory testing of plants and products;

(X) Standards for the testing ~~and~~ , labeling, and packaging of hemp and hemp products;

(Y) Requirements prohibiting the processing of hemp in a building used as a personal residence or on land that is zoned for residential use;

(Z) Production standards and manufacturing practices for processing hemp;

(AA) Procedures and requirements for the transportation and storage of both hemp and hemp products;

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

Sec. 928.08. The department of agriculture, in consultation and in cooperation with the Ohio investigative unit in the department of public safety, shall enforce this chapter.

Sec. 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 the defendant named in a dismissed complaint, indictment, or information for or was convicted of or has pleaded guilty to either of the following, the person may file an application under this section requesting an expungement of the record of conviction or official records in the case:

(1) A violation of division (C)(3)(a) or (b) or (C)(7)(a) or (b) of section 2925.11 of the Revised Code;

(2) A violation of division (C)(7)(c) or (d) of section 2925.11 of the Revised Code involving possession of not more than fifteen grams of hashish.

(C) Any person who is eligible under division (B) of this section to file an application for expungement may apply to the sentencing court for the expungement of the record of conviction or expungement of the person's official records in the case. The person may file the application at any time on or after the effective date of this section. The application shall do all of the following:

(1) Identify the applicant, the offense for which the expungement is sought, the date of the conviction of, the plea of guilty to, or the dismissal of charges for that offense, and the court in which the conviction occurred, the plea of guilty was entered, or the charges were dismissed;

(2) Include evidence that the offense or charge was a violation of division (C)(3)(a) or (b) or (C)(7)(a) or (b) of section 2925.11 of the Revised Code or a violation of division (C)(7)(c) or (d) of section 2925.11 of the Revised Code involving not more than fifteen grams of hashish and that the conviction, plea of guilty, or dismissal occurred prior to the effective date of this section;

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

(D)(1) Upon the filing of an application under division (C) of this section and the payment of the fee described in division (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.

(2) The court shall hold the hearing not less than forty-five days and not more than ninety days after the date of the filing of the application.

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

(1) Determine whether the applicant has, prior to the effective date of this section, been a defendant named in a dismissed complaint, indictment, or information for or been convicted of or pleaded guilty to either of the following:

(a) A violation of division (C)(3)(a) or (b) or (C)(7)(a) or (b) of section 2925.11 of the Revised Code;

(b) A violation of division (C)(7)(c) or (d) of section 2925.11 of the Revised Code involving possession of not more than fifteen grams of hashish.

(2) If the prosecutor has filed an objection in accordance with division (D) of this section, consider the reasons against granting the application specified by the prosecutor in the objection;

(3) Weigh the interests of the applicant in having the record of conviction or official records expunged against the legitimate needs, if any, of the government to maintain those records.

(F) If the court, after complying with division (E) of this section, finds that the applicant has, prior to the effective date of this section, been named in a dismissed complaint, indictment, or information for or been convicted of or pleaded guilty to a violation of division (C)(3)(a) or (b) or (C)(7)(a) or (b) of section 2925.11 of the Revised Code or has been convicted of or pleaded guilty to a violation of division (C)(7)(c) or (d) of section 2925.11 of the Revised Code involving possession of not more than fifteen grams of hashish and that the interests of the applicant in having the record of conviction or official records sealed are not substantially outweighed by any legitimate governmental needs to maintain those records, both of the following apply:

(1) The court shall order the expungement of all official records pertaining to the case and the deletion of all index references to the case and, if it does order the expungement, shall send notice of the order to each public office or agency that the court has reason to believe may have an official record pertaining to the case if the court, after complying with division (E) of this section, determines that the applicant, prior to the effective date of this section, had been a defendant named in a dismissed complaint, indictment, or information for or convicted of or pleaded guilty to a violation of division (C)(3)(a) or (b) or (C)(7)(a) or (b) of section 2925.11 of the Revised Code or had been convicted of or pleaded guilty to a violation of division (C)(7)(c) or (d) of section 2925.11 of the Revised Code involving possession of not more than fifteen grams of hashish.

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

(G) Upon the filing of an application under this section, the applicant, unless indigent, shall pay a fee of fifty dollars. The court shall pay thirty dollars of the fee into the state treasury, with half of that amount credited to the attorney general reimbursement fund created by section 109.11 of the Revised Code, and shall pay twenty dollars of the fee into the county general revenue fund.

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

(A) Any company that manufactures, markets, or sells, or brand that is associated with, a controlled substance, marihuana product, medical marijuana product, adult-use marijuana product, alcoholic product, tobacco product, electronic smoking device, vapor product, or product or device that consists of or contains nicotine that can be ingested into the body;

(B) Any medical or adult-use marijuana cultivator, processor, laboratory, or retail dispensary licensed under Chapter 3796. of the Revised Code or under the laws of another state;

(C) Any business engaged in the sale, rental, or exhibition for any form of consideration of adult entertainment that is characterized by an emphasis on the exposure or display of sexual activity;

(D) Any casino or entity that sponsors or promotes gambling activities;

(E) Any other category of companies, brands, or types of contracts that are similar to those described in divisions (A) to (D) of this section that the institution or college communicates to the student-athlete before the student-athlete enrolls at the institution or college.

Sec. 3779.01. As used in sections 3779.01 to 3779.10 and 3779.40 to 3779.48 of the Revised Code:

(A) "At retail" means for use or consumption by the ultimate consumer and not for resale.

(B) "Delta-9 tetrahydrocannabinol," "hemp product," and "tetrahydrocannabinol" have the same meanings as in section 928.01 of the Revised Code.

(C)(1) "Disqualifying offense" means, subject to divisions (C)(2) and (3) of this section, committing, attempting to commit, or aiding and abetting another in committing any of the following:

(a) 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;

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

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

(e) 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 (C)(1)(a) to (d) of this section.

(2) "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.

(3) "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.

(D) "Identification card" means a driver's or commercial driver's license, an identification card issued under sections 4507.50 to 4507.52 of the Revised Code or an equivalent identification card issued by another state, a military identification card issued by the United States department of defense, or a United States or foreign passport that displays a picture of the individual for whom the license, card, or passport is issued and shows that the person buying is then at least twenty-one years of age.

(E) "Intoxicating hemp product" means a hemp product containing more than five-tenths of a milligram of delta-9 tetrahydrocannabinol per serving, two milligrams of delta-9 tetrahydrocannabinol per package, or five-tenths of a milligram of total non-delta-9 tetrahydrocannabinol per package. "Intoxicating hemp product" does not include either of the following:

(1) A hemp product that cannot be ingested, inhaled, snorted, sniffed, or used sublingually;

(2) A low-level or high-level drinkable cannabinoid product as defined in section 3779.21 of the Revised Code.

(F) "Ohio investigative unit" means the investigative unit maintained by the department of public safety under section 5502.13 of the Revised Code.

(G) "Sell" means the exchange, barter, gift, offer for sale, and sale of an intoxicating hemp product.

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

Sec. 3779.02. (A)(1) No person shall sell an intoxicating hemp product at retail in this state.

(2) Subject to section 3779.08 of the Revised Code, division (A)(1) of this section does not apply to the sale of an intoxicating hemp product at retail in this state by a person to which both of the following apply:

(a) The person is a hemp dispensary licensed under section 3779.03 of the Revised Code.

(b) The person sells the intoxicating hemp product to an individual who is twenty-one years of age or older as verified by examining the individual's identification card.

(3) Notwithstanding any other provision of law to the contrary, a person who violates division (A)(1) of this section shall not be prosecuted under any other criminal statute that otherwise would apply to the person because the person engaged in the activities prohibited in division (A)(1) of this section.

(B) No person that is a licensed hemp dispensary shall do any of the following:

(1) Subject to division (D) of section 3779.08 of the Revised Code, sell an intoxicating hemp product that has not been tested in compliance with rules adopted under Chapter 3796. of the Revised Code that otherwise apply to adult-use marijuana;

(2) Sell an intoxicating hemp product that does not comply with the standards and procedures for packaging and labeling set forth in rules adopted under Chapter 3796. of the Revised Code that otherwise apply to adult-use marijuana;

(3) Violate any applicable rules adopted under section 3779.08 of the Revised Code, including rules establishing advertising requirements governing intoxicating hemp products.

(C)(1) No person shall sell at retail in this state a hemp product and market it as adult-use marijuana or as medical marijuana as defined in section 3796.01 of the Revised Code.

(2) No person shall use any terms associated with the sale at retail in this state of a hemp product that would cause a consumer to infer that the hemp product is medical marijuana or adult-use marijuana.

(3) No person shall use any terms associated with the sale at retail in this state of a hemp product that would cause a consumer to infer that the person selling the hemp product is a licensed hemp dispensary.

(4) Division (C)(3) of this section does not apply to a hemp dispensary licensed under section 3779.03 of the Revised Code.

(D) No licensed hemp dispensary shall do either of the following:

(1) Sell any cigarette, tobacco product, vapor product, or electronic smoking product, as those terms are defined in section 5743.01 of the Revised Code;

(2) Allow an individual who is under twenty-one years of age to enter the dispensary.

(E) No person shall sell an intoxicating hemp product that includes hemp that was not cultivated by one of the following:

(1) A hemp cultivator licensed under Chapter 928. of the Revised Code in this state or by the United States department of agriculture if the director of agriculture takes action under division (A)(2) of section 928.02 of the Revised Code;

(2) A hemp cultivator that is licensed in another state by the United States department of agriculture;

(3) A hemp cultivator that is licensed in another state by a governing body of that state whose hemp production plans have been approved by the United State department of agriculture.

(F) No person shall sell an intoxicating hemp product that is adulterated with any of the following:

(1) A drug, as defined in section 4729.01 of the Revised Code;

(2) Contaminants, as defined in rules adopted under section 3779.08 of the Revised Code;

(3) Other substances that enhance the effects of the tetrahydrocannabinol included in the product as specified in rules adopted under section 3779.08 of the Revised Code.

(G) No person who is the ultimate consumer of an edible intoxicating hemp product shall fail to store the product in the original packaging at all times when the product is not actively in use.

Sec. 3779.021. A person shall not be prosecuted or penalized under section 3779.02 of the Revised Code until the date that is two hundred and ten days after the effective date of this section if both of the following apply:

(A) The person is selling an intoxicating hemp product on the effective date this section.

(B) The facility at which the person is selling the intoxicating hemp product does not allow individuals under the age of twenty-one to enter the facility.

Sec. 3779.022. Notwithstanding any provision to the contrary in sections 3779.01 to 3779.10 of the Revised Code, an individual who obtains an intoxicating hemp product from a hemp dispensary licensed under section 3779.03 of the Revised Code may transfer the intoxicating hemp product to another individual who is twenty-one years of age or over if both of the following apply:

(A) The transfer occurs without remuneration.

(B) The transfer occurs on any privately owned real property that is used primarily for residential or agricultural purposes, including any dwellings, facilities, improvements, and appurtenances on such real property.

Sec. 3779.03. (A) An entity that seeks to sell at retail an intoxicating hemp product in this state shall file an application for licensure as a hemp dispensary with the division of cannabis 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 3779.08 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.

(1) The report of the criminal records check conducted pursuant to section 3779.05 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 a disqualifying offense.

(2) The applicant demonstrates that 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 a laboratory specified in division (D) of section 3779.08 of the Revised Code.

(3) The applicant demonstrates that 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 a laboratory specified in division (D) of section 3779.08 of the Revised Code.

(4) The applicant demonstrates that the proposed location or facility will not be located within five hundred feet of a school, church, public library, public playground, or public park.

(5) The applicant demonstrates that the proposed location or facility is not either of the following:

(a) Located within one mile of another licensed hemp 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 of cannabis control pursuant to section 3779.04 of the Revised Code demonstrates that the applicant is in compliance with the applicable tax laws of this state.

(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 the applicable fees established under section 3779.032 of the Revised Code.

(11) The applicant meets all other licensure eligibility conditions established in rules adopted under section 3779.08 of the Revised Code.

(D) If the number of eligible applicants exceeds 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 applicant's environmental plan;

(7) Employment practices;

(8) The criminal records of all persons subject to the criminal records check requirement;

(9) The civil and administrative history of the applicant and persons associated with the applicant;

(10) Any other eligibility, suitability, or operations based determination specified in sections 3779.01 to 3779.10 of the Revised Code or rules adopted under section 3779.08 of the Revised Code.

(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 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) A biennial license may be renewed in accordance with the procedures established in rules adopted under section 3779.08 of the Revised Code. Prior to the renewal of the license, the applicant shall pay the renewal fee established under section 3779.032 of the Revised Code. Applications for renewal are not subject to the evaluation, prioritization, ranking, and lottery provisions in divisions (B), (D), and (E) of this section.

(G) The division shall issue a license under this section to an entity that sold or offered for sale intoxicating hemp products on or before August 30, 2025, if both of the following apply:

(1) The entity's receipts from hemp product and intoxicating hemp product sales exceeded eighty per cent of its total gross receipts for either of the following:

(a) Calendar year 2024;

(b) The twelve months immediately prior to the effective date of this section.

(2) The entity complies with all other requirements for licensure established under this section and rules adopted under section 3779.08 of the Revised Code.

Sec. 3779.031. (A) Except as provided in division (B) of this section, not more than four hundred hemp dispensaries shall be licensed to operate in this state at any one time.

(B) Notwithstanding division (A) of this section, more than four hundred hemp dispensaries may be licensed to operate in this state at any one time if more than four hundred entities are licensed as a result of division (G) of section 3779.03 of the Revised Code. In that case, the division shall not issue any additional licenses until the number of valid licenses that results from division (G) of section 3779.03 of the Revised Code is less than four hundred. At such time when the number of licenses resulting from division (G) of section 3779.03 of the Revised Code is less than four hundred, division (A) of this section applies.

Sec. 3779.032. (A) As used in this section, "grandfathered entity" means an entity that is described in division (G) of section 3779.03 of the Revised Code.

(B) The division of cannabis control shall charge the following hemp dispensary fees:

	1	2
A	Application fee	$5,000
B	Initial first-year license fee for an applicant that is a grandfathered entity	$10,000
C	Initial second-year license fee for an applicant that is a grandfathered entity	$15,000
D	Initial two-year license fee for an applicant that is not a grandfathered entity	$75,000
E	Two-year renewal license fee for a hemp dispensary that is a grandfathered entity	$35,000
F	Two-year renewal license fee for a hemp dispensary that is not a grandfathered entity	$75,000

Sec. 3779.04. (A)(1) Notwithstanding section 149.43 of the Revised Code or any other public records law to the contrary or any law relating to the confidentiality of tax return information, upon the request of the division of cannabis control, the department of taxation shall provide to the division all of the following information:

(a) Whether an applicant for licensure under section 3779.03 of the Revised Code is in compliance with the applicable tax laws of this state;

(b) Any past or pending violation by the applicant of those tax laws, and any penalty imposed on the applicant for such a violation.

(2) The division shall request the information only as it pertains to an application for licensure that the division, as applicable, is reviewing.

(3) The department of taxation may charge the division a reasonable fee to cover the administrative cost of providing the information.

(B) Information received under this section is confidential. Except as otherwise permitted by other state law or federal law, the division shall not make the information available to any person other than the applicant for licensure to whom the information applies.

Sec. 3779.05. (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 section 3779.03 of the Revised Code, the division of cannabis 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.

(C) The division shall provide both of the following to each person who is subject to the criminal records check requirement:

(1) Information about accessing, completing, and forwarding to the superintendent of the bureau of criminal identification and investigation the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and the standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of that section;

(2) Written notification that the person is to instruct the superintendent to submit the completed report of the criminal records check directly to the division.

(D) Each person who is subject to the criminal records check requirement shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for the criminal records check conducted of the person.

(E) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:

(1) The person who is the subject of the criminal records check or the person's representative;

(2) The members and staff of the division;

(3) A court, hearing officer, or other necessary individual involved in a case dealing with either of the following:

(a) A license denial resulting from the criminal records check;

(b) An administrative or criminal action regarding any violation of sections 3779.01 to 3779.10 of the Revised Code or rules adopted under those sections.

(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. 3779.051. Each person seeking employment with a hemp dispensary licensed under section 3779.03 of the Revised Code shall comply with sections 4776.01 to 4776.04 of the Revised Code. Such a hemp dispensary shall not employ the person unless the person has submitted a criminal records check under those sections and the report of the resulting criminal records check demonstrates that the person has not been convicted of or pleaded guilty to any of the disqualifying offenses.

Sec. 3779.06. The Ohio investigative unit shall enforce this chapter or cause it to be enforced. If the unit has information that this chapter has been violated, it may investigate the matter and take any action as it considers appropriate. The authority of the Ohio investigative unit is concurrent to the jurisdiction of any law enforcement officer to enforce this chapter. Nothing in this chapter shall be construed to limit or supersede the authority of any law enforcement officer or agency.

Sec. 3779.07. (A) The superintendent of cannabis control may impose an administrative penalty or take other enforcement actions against a person who violates division (A)(1), (B), (C)(1), (C)(2), or (C)(3) of section 3779.02 of the Revised Code or any rules adopted under section 3779.08 of the Revised Code. Administrative penalties shall be set forth in rules adopted under section 3779.08 of the Revised Code.

(B) The superintendent shall afford a person an opportunity for an adjudication hearing under Chapter 119. of the Revised Code to challenge the superintendent's determination to impose an administrative penalty or taking other enforcement action under this section, the superintendent's imposition of an administrative penalty under this section, or both. The superintendent's determination, the imposition of the administrative penalty, and taking other enforcement action may be appealed in accordance with section 119.12 of the Revised Code.

Sec. 3779.08. (A) Not later than one hundred eighty days after the effective date of this section, the superintendent of cannabis control shall adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following:

(1) Establish application procedures for licenses issued under section 3779.03 of the Revised Code;

(2) Specify conditions that must be met to be eligible for issuance of a license under section 3779.03 of the Revised Code;

(3) Establish renewal procedures for licenses issued under section 3779.03 of the Revised Code;

(4) Specify reasons for which a license may be suspended, including without prior hearing, be revoked, or not be renewed or issued and the reasons for which an administrative penalty may be imposed on a license holder;

(5) Establish standards under which a license suspension may be lifted;

(6) Establish the amount of administrative penalties to be imposed by the superintendent under section 3779.07 of the Revised Code and procedures for imposing such penalties;

(7) Establish a list of contaminants that are prohibited for inclusion in an intoxicating hemp product for purposes of division (F) of section 3779.02 of the Revised Code;

(8) Establish a list of substances, that enhance the effects of the tetrahydrocannabinol, that are prohibited for inclusion in an intoxicating hemp product for purposes of division (F) of section 3779.02 of the Revised Code;

(9) Establish requirements for the advertisement of intoxicating hemp products consistent with advertisement requirements for adult-use marijuana and medical marijuana established under section 3796.32 of the Revised Code. The rules shall include a requirement that a person that advertises an intoxicating hemp product submit the advertisement to the superintendent for the superintendent's approval. The superintendent shall approve or deny an advertisement not later than twenty-one business days after submission.

(B) Subject to division (C) of this section, to ensure the integrity of intoxicating hemp product sales at retail and operations in this state, the superintendent has jurisdiction over all persons participating in the distribution and sale of intoxicating hemp products in this state and, in consultation and cooperation with the department of agriculture, the cultivation and processing of intoxicating hemp products for sale at retail in this state. Such jurisdiction includes the authority to complete regulating, investigating, and penalizing those persons in a manner that is consistent with the superintendent's authority with respect to adult-use marijuana. To carry out this division, the superintendent, not later than one hundred eighty days after the effective date of this section, shall adopt rules under Chapter 119. of the Revised Code in addition to the rules adopted under division (A) of this section.

As part of the rules adopted under this division, the superintendent shall establish limits on the potency, serving sizes, and package sizes of intoxicating hemp products. The limits on potency shall include a prohibition against the inclusion of any synthetic tetrahydrocannabinol in an intoxicating hemp product. The limits on potency shall not exceed the potency limits for adult-use marijuana established under Chapter 3796. of the Revised Code. The superintendent also shall establish and maintain a list of approved tetrahydrocannabinols that may be included for use in intoxicating hemp products.

(C) Notwithstanding Chapter 3796. of the Revised Code and rules adopted under it to the contrary, the superintendent shall not require hemp that is processed into an intoxicating hemp product to be cultivated or processed in this state.

(D) Notwithstanding Chapter 3796. of the Revised Code and rules adopted under it to the contrary, an intoxicating hemp product that is sold at retail in this state shall be tested in a facility licensed in accordance with that chapter and rules adopted under it or, as approved by the superintendent, in a facility in another state that meets requirements that are substantially similar to applicable requirements established under that chapter and rules adopted under it.

Sec. 3779.09. (A) As used in this section:

(1) "Chauffeured limousine" means a vehicle registered under section 4503.24 of the Revised Code.

(2) "Street," "highway," and "motor vehicle" have the same meanings as in section 4511.01 of the Revised Code.

(B) A person may have in the person's possession an opened container of an intoxicating hemp product that is a beverage in either of the following locations:

(1) On the premises of a private residence;

(2) In a chauffeured limousine that is located on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking if all the following apply:

(a) The person, or the guest of the person, pays all or a portion of the fee imposed for the use of a chauffeured limousine pursuant to a prearranged contract;

(b) The person or guest is a passenger in the limousine;

(c) The person or guest is located in the limousine but is not occupying a seat in the front compartment of the limousine where the operator of the limousine is located.

(C) Except as provided in division (B) of this section, no person shall have in the person's possession an opened container of an intoxicating hemp product that is a beverage in any of the following circumstances:

(1) In any public place;

(2) While operating or being a passenger in or on a motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking;

(3) While being in or on a stationary motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.

Sec. 3779.10. (A) Except as provided in division (B) of this section, the legislative authority of a municipal corporation or a board of township trustees may adopt an ordinance or a resolution, to prohibit, or limit the number of, licensed hemp dispensaries within the municipal corporation or within the unincorporated territory of the township, respectively.

(B) The legislative authority of a municipal corporation or a board of township trustees shall not adopt or enforce an ordinance or a resolution that does any of the following:

(1) Prohibits or limits the operations of an entity described under division (G) of section 3779.03 of the Revised Code, except that a municipal corporation or township may enforce such an ordinance or such a resolution if it was adopted on or before June 30, 2025;

(2) Prohibits or limits any activity authorized under sections 3779.01 to 3779.09 of the Revised Code, except as expressly permitted under division (A) of this section;

(3) Prohibits or limits research related to intoxicating hemp 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. 3779.11. A hemp dispensary licensed under section 3779.03 of the Revised Code shall prominently display both of the following:

(A) A statement that the use of intoxicating hemp products by individuals under twenty-one years of age is both harmful and illegal;

(B) Information about the addictive qualities of intoxicating hemp products and the potential negative health consequences associated with their use.

Sec. 3779.21. As used in sections 3779.21 to 3779.29 and 3779.40 to 3779.48 of the Revised Code, except as provided in section 3779.40 of the Revised Code:

(A) "At retail" and "identification card" have the same meanings as in section 3779.01 of the Revised Code.

(B) "Distributor" means a class B permit holder under Chapter 4303. of the Revised Code, or the holder of an equivalent permit or other authorization issued by another state, that sells, offers for sale, arranges for sale, or delivers a low-level or high-level drinkable cannabinoid product to a low-level or high-level retailer located in this state. "Distributor" does not include either of the following:

(1) A manufacturer;

(2) A person that is a common carrier and that is used to complete delivery of a low-level or high-level drinkable cannabinoid product to a retailer.

(C) "Delta-9 tetrahydrocannabinol," "hemp," "hemp product," and "tetrahydrocannabinol" have the same meanings as in section 928.01 of the Revised Code.

(D) "High-level drinkable cannabinoid product" or "high-level DCP" means a liquid hemp product to which all of the following apply:

(1) The product contains cannabinoids.

(2) The cannabinoids in the product are solely derived from hemp.

(3) The product is prepackaged and intended to be consumed via ingestion.

(4) The product does not include a drug as defined in section 4729.01 of the Revised Code.

(5) The product does not contain more than three-tenths per cent of any tetrahydrocannabinol.

(6) The product contains more than five milligrams of total tetrahydrocannabinol per serving, but does not contain more than ten milligrams of total tetrahydrocannabinol per serving.

(7) The product container does not contain more than one serving.

"High-level drinkable cannabinoid product" is not an intoxicating hemp product.

(E) "High-level retailer" means a class C permit holder under Chapter 4303. of the Revised Code.

(F) "Low-level drinkable cannabinoid product" or "low-level DCP" means a liquid hemp product to which all of the following apply:

(1) The product contains cannabinoids.

(2) The cannabinoids in the product are solely derived from hemp.

(3) The product is prepackaged and intended to be consumed via ingestion.

(4) The product does not include a drug as defined in section 4729.01 of the Revised Code.

(5) The product does not contain more than three-tenths per cent of any tetrahydrocannabinol.

(6) The product does not contain more than five milligrams of total tetrahydrocannabinol per serving.

(7) The product container does not contain more than one serving.

"Low-level drinkable cannabinoid product" is not an intoxicating hemp product.

(G) "Low-level retailer" means an A-1-A, A-1c, or class D permit holder under Chapter 4303. of the Revised Code.

(H) "Manufacturer" means a person, whether located in this state or outside of this state, that manufactures a low-level or high-level drinkable cannabinoid product for sale in this state.

(I) "Sale" and "sell" include exchange, barter, gift, offer for sale, sale, distribution and delivery of any kind, and the transfer of title or possession of a low-level or high-level drinkable cannabinoid product either by constructive or actual delivery by any means or devices.

(J) "Serving" means twelve fluid ounces.

Sec. 3779.22. (A)(1) A low-level retailer may sell at retail low-level drinkable cannabinoid products for consumption on the premises where sold.

(2) A high-level retailer may sell at retail low-level or high-level drinkable cannabinoid products for consumption off the premises where sold.

(B) No person shall do any of the following:

(1) Sell at retail a low-level or high-level drinkable cannabinoid product unless authorized to do so under division (A) of this section;

(2) If the person is a manufacturer, sell a low-level or high-level drinkable cannabinoid product unless the manufacturer is registered under section 3779.24 of the Revised Code;

(3) If the person is a manufacturer, sell a low-level drinkable cannabinoid product to any person other than a low-level retailer, high-level retailer, or distributor;

(4) If the person is a manufacturer, sell a high-level drinkable cannabinoid product to any person other than a high-level retailer or distributor;

(5) Sell for distribution a low-level or high-level drinkable cannabinoid product unless the person is a distributor;

(6) If the person is a distributor, sell a low-level drinkable cannabinoid product in this state to any person other than a low-level or high-level retailer;

(7) If the person is a distributor, sell a high-level drinkable cannabinoid product in this state to any person other than a high-level retailer;

(8) Sell at retail a low-level or high-level drinkable cannabinoid product to an individual who is under twenty-one years of age;

(9) Fail to verify that an individual who attempts to purchase or purchases a low-level or high-level drinkable cannabinoid product at retail is at least twenty-one years of age by examining the individual's identification card;

(10) Sell a low-level or high-level drinkable cannabinoid product that contains alcohol;

(11) If the person is a high-level retailer, fail to store a low-level or high-level drinkable cannabinoid product for sale at retail in a display case that is solely used for the sale of drinkable cannabinoid products and that clearly states that the product is a low-level or high-level drinkable cannabinoid product;

(12) If the person is a manufacturer or distributor, do either of the following:

(a) Pay to a low-level retailer any payment, credit, or any other consideration to induce the retailer to advertise or display a low-level drinkable cannabinoid product in a certain manner in the retailer's permitted premises;

(b) Pay to a high-level retailer any payment, credit, or any other consideration to induce the retailer to advertise or display a low-level or high-level drinkable cannabinoid product in a certain manner in the retailer's permitted premises.

(13) If the person is a low-level or high-level retailer, accept any payment, credit, or any other consideration to advertise or display a low-level or high-level drinkable cannabinoid product, as applicable, in a certain manner at the retailer's permitted premises;

(14) If the person is not a low-level retailer, allow an individual who purchases a drinkable cannabinoid product from the retailer to consume the drinkable cannabinoid product on the retailer's premises;

(15) If the person is a low-level or high-level retailer, sell a low-level or high-level drinkable cannabinoid product, as applicable, at a price less than the price paid by the retailer to purchase the product from a distributor;

(16) If the person is a low-level or high-level retailer and the person is purchasing a low-level or high-level drinkable cannabinoid product directly, as applicable, from a manufacturer for subsequent retail sale, sell a low-level or high-level drinkable cannabinoid product, as applicable, at a price less than the price paid by the retailer to purchase the product from the manufacturer;

(17) If the person is a distributor, charge a different price to a low-level or high-level retailer for low-level or high-level drinkable cannabinoid products, as applicable, based upon the quantity of drinkable cannabinoid products sold to the retailer;

(18) Sell a low-level or high-level drinkable cannabinoid product that includes hemp that was not cultivated by one of the following:

(a) A hemp cultivator licensed under Chapter 928. of the Revised Code in this state or by the United States department of agriculture if the director of agriculture takes action under division (A)(2) of section 928.02 of the Revised Code;

(b) A hemp cultivator that is licensed in another state by the United States department of agriculture;

(c) A hemp cultivator that is licensed in another state by a governing body of that state whose hemp production plans have been approved by the United State department of agriculture.

(19) Violate any rule adopted under section 3779.23 of the Revised Code.

(C)(1) Prior to the effective date of the rules adopted under section 3779.23 of the Revised Code, a low-level retailer may sell low-level drinkable cannabinoid products and a high-level retailer may sell low-level or high-level drinkable cannabinoid products, a distributor may distribute such products, and a manufacturer may manufacture such products, provided both of the following apply:

(a) The low-level or high-level drinkable cannabinoid products, as applicable, are in compliance with the labeling requirements specified in section 3779.26 of the Revised Code;

(b) Such sales, distribution, and manufacturing are otherwise in compliance with applicable statutory provisions of sections 3779.21 to 3779.30 of the Revised Code.

(2) On and after the effective date of those rules, sales, distribution, and manufacturing of such products shall be in full compliance with those rules and with applicable statutory provisions of sections 3779.21 to 3779.30 of the Revised Code.

Sec. 3779.221. The superintendent of liquor control may impose an administrative penalty or take other enforcement actions against a person who violates division (B) of section 3779.22 of the Revised Code or any rules adopted under section 3779.23 of the Revised Code. Administrative penalties shall be set forth in rules adopted under section 3779.23 of the Revised Code.

Sec. 3779.23. Not later than six months after the effective date of this section, the superintendent of liquor control shall adopt rules in accordance with Chapter 119. of the Revised Code for the administration and enforcement of sections 3779.21 to 3779.30 of the Revised Code, including rules governing all the following:

(A) Registration of manufacturers under section 3779.24 of the Revised Code;

(B) The testing of low-level and high-level drinkable cannabinoid products under section 3779.25 of the Revised Code, including rules governing the issuance of a certificate of analysis as required under division (C) of section 3779.25 of the Revised Code;

(D) Establishment and maintenance of a list of approved tetrahydrocannabinols that may be included for use in low-level and high-level drinkable cannabinoid products;

(E) Advertisement of low-level and high-level drinkable cannabinoid products. The rules shall include a requirement that a person that advertises a low-level or high-level drinkable cannabinoid product submit the advertisement to the superintendent for the superintendent's approval. The superintendent shall approve or deny an advertisement no later than twenty-one business days after submission.

(F) Establish the amount of administrative penalties to be imposed by the superintendent under section 3779.221 of the Revised Code and procedures for imposing such penalties.

Sec. 3779.24. (A) No person shall manufacture a low-level or high-level drinkable cannabinoid product for sale in this state without registering with the superintendent of liquor control in accordance with rules adopted under section 3779.23 of the Revised Code. The superintendent shall issue a registration under this section if the applicant submits to the superintendent an application and is in compliance with those rules.

(B) A registration issued under this section is valid for one year after issuance and shall be renewed in the same manner as an initial registration.

Sec. 3779.25. (A)(1) A manufacturer of a low-level or high-level drinkable cannabinoid product shall test the product in accordance with rules adopted under section 3779.23 of the Revised Code prior to selling the product or offering the product for sale to a distributor.

(2) No manufacturer, distributor, low-level retailer, or high-level retailer shall sell or offer to sell a low-level or high-level drinkable cannabinoid product, as applicable, that is not tested in accordance with this section and rules adopted under section 3779.23 of the Revised Code or that exceeds the maximum allowable level for a substance or organism specified in those rules.

(B) A manufacturer shall contract with a testing laboratory to provide the testing required under this section.

(C) Notwithstanding Chapter 3796. of the Revised Code and rules adopted under it to the contrary, a low-level or high-level drinkable cannabinoid product that is sold in this state shall be tested in a facility licensed in accordance with Chapter 3796. of the Revised Code and rules adopted under it or, as approved by the superintendent of liquor control, in a facility in another state that meets requirements that are substantially similar to applicable requirements established under Chapter 3796. of the Revised Code and rules adopted under it. For each test conducted, the facility shall issue a certificate of analysis that includes the results of the test as required in rules adopted under section 3779.23 of the Revised Code.

(D) A distributor, low-level retailer, or high-level retailer is not liable for any violations or causes of action if a low-level or high-level drinkable cannabinoid product distributed or sold by the distributor or retailer is not consistent with testing as represented.

(E) No manufacturer or testing laboratory shall fail to comply with this section.

Sec. 3779.26. (A) In accordance with rules adopted under section 3779.23 of the Revised Code, a manufacturer shall include a label on each low-level or high-level drinkable cannabinoid product container that it sells or offers for sale in this state that includes the following information in legible print:

(1) The product name or common name on the front of the label;

(2) The brand name on the front of the label;

(3) The size of the container or net count of individual items included in the container on the front of the label;

(4) The net weight or volume of the items included in the container;

(5) The number of servings per container;

(6) A list of ingredients;

(7) The amount of tetrahydrocannabinol, in milligrams, as identified in the certificate of analysis as required under division (C) of section 3779.25 of the Revised Code;

(8) The number of calories per container;

(9) The words "This Product is a Low-level Drinkable Cannabinoid Product" or "This Product is a High-level Drinkable Cannabinoid Product," as applicable;

(10) A conspicuous warning statement conveying that the product contains tetrahydrocannabinol, that the effects of drinking a low-level or high-level drinkable cannabinoid product are different than those from drinking an alcoholic beverage, and that a person should use caution when consuming low-level or high-level DCPs or mixing the consumption of low-level or high-level DCPs with alcoholic beverages;

(11) A symbol approved by the superintendent of liquor control warning potential consumers that the product contains tetrahydrocannabinol. The symbol may include the American society for testing and materials intoxicating cannabis products symbol (D8441/D8441M).

(B) A manufacturer shall include the amount of tetrahydrocannabinol, in milligrams, as identified in the certificate of analysis as required under division (C) of section 3779.25 of the Revised Code, on the container of a low-level or high-level drinkable cannabinoid product. The amount of tetrahydrocannabinol included on the container of a low-level or high-level drinkable cannabinoid product may deviate by ten per cent of the actual amount on the certificate of analysis.

Sec. 3779.27. (A) As used in this section, "sales area or territory" means an exclusive geographic area or territory that is assigned to a particular distributor and that either has one or more political subdivisions as its boundaries or consists of an area of land with readily identifiable geographic boundaries.

(B) Each manufacturer shall assign to each of the manufacturer's distributors a sales area or territory within which each distributor shall be the distributor of the brand or brands of the manufacturer, provided that, if the manufacturer manufactures more than one brand of low-level or high-level drinkable cannabinoid product, the manufacturer may assign sales areas or territories to additional distributors for the distribution and sale of the additional brand or brands, so long as not more than one distributor distributes the same brand or brands within the same sales area or territory. No distributor shall distribute a specific brand of low-level or high-level drinkable cannabinoid product in any area or territory other than the area or territory assigned to the distributor.

Sec. 3779.28. (A) No manufacturer shall aid or assist a distributor, and no manufacturer or distributor shall aid or assist a low-level retailer or high-level retailer, by gift or loan of any money or property of any description or other valuable thing, or by giving premiums or rebates. No distributor, low-level retailer, or high-level retailer shall accept the same.

(B) No manufacturer shall have any financial interest, directly or indirectly, by stock ownership, or through interlocking directors in a corporation, or otherwise, in the establishment, maintenance, or promotion in the business of any distributor. No low-level retailer or high-level retailer shall have any interest, directly or indirectly, in the operation of, or any ownership in, the business of any distributor or manufacturer.

(C) No manufacturer shall have any financial interest, directly or indirectly, by stock ownership, or through interlocking directors in a corporation, or otherwise, in the establishment, maintenance, or promotion of the business of any low-level retailer or high-level retailer. No distributor or employee of a distributor shall have any financial interest, directly or indirectly, by stock ownership, interlocking directors in a corporation, or otherwise, in the establishment, maintenance, or promotion of the business of any low-level retailer or high-level retailer. No manufacturer or distributor or any stockholder of a manufacturer or distributor shall acquire, by ownership in fee, leasehold, mortgage, or otherwise, directly or indirectly, any interest in the premises on which the business of any other person engaged in the business of selling low-level or high-level drinkable cannabinoid products at retail is occurring.

(D) No manufacturer shall sell or offer to sell to any distributor or low-level retailer or high-level retailer, no distributor shall sell or offer to sell to any low-level retailer or high-level retailer, and no distributor or low-level retailer or high-level retailer shall purchase or receive from any manufacturer or distributor any low-level or high-level drinkable cannabinoid product in the United States except for cash. No right of action exists to collect any claims for credit extended contrary to this section.

(E) Divisions (B) and (C) of this section do not apply to a person licensed under section 3779.03 of the Revised Code.

Sec. 3779.29. (A) As used in this section:

(1) "Chauffeured limousine" means a vehicle registered under section 4503.24 of the Revised Code.

(2) "Street," "highway," and "motor vehicle" have the same meanings as in section 4511.01 of the Revised Code.

(B) A person may have in the person's possession an opened container of a low-level or high-level drinkable cannabinoid product in either of the following locations:

(1) On the premises of a private residence;

(2) In a chauffeured limousine that is located on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking if all the following apply:

(a) The person, or the guest of the person, pays all or a portion of the fee imposed for the use of a chauffeured limousine pursuant to a prearranged contract.

(b) The person or guest is a passenger in the limousine.

(c) The person or guest is located in the limousine but is not occupying a seat in the front compartment of the limousine where the operator of the limousine is located.

(C) A person may have in the person's possession an opened container of a low-level drinkable cannabinoid product on the premises of a low-level retailer, provided the low-level retailer sold the low-level drinkable cannabinoid product to the person.

(D) Except as provided in divisions (B) and (C) of this section, no person shall have in the person's possession an opened container of a low-level or high-level drinkable cannabinoid product in any of the following circumstances:

(1) In any public place;

(2) While operating or being a passenger in or on a motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking;

(3) While being in or on a stationary motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.

Sec. 3779.30. (A) As used in this section:

(1) "Intoxicating hemp product" has the same meaning as in section 3779.01 of the Revised Code.

(2) "Low-level and high-level drinkable cannabinoid product" has the same meaning as in section 3779.21 of the Revised Code.

(3) "Manufacturer" means a person that manufactures a low-level or high-level drinkable cannabinoid product.

(B) Notwithstanding any provision of the Revised Code to the contrary, a manufacturer may utilize a byproduct specified in division (R) of section 928.03 of the Revised Code to do either of the following:

(1) Manufacture a low-level or high-level drinkable cannabinoid product;

(2) Manufacture an intoxicating hemp product that is a beverage that contains more than ten milligrams of total tetrahydrocannabinol per serving for export outside this state.

Sec. 3779.40. (A) As used in sections 3779.40 to 3779.48 of the Revised Code:

(1) "Licensed dispensary" means a hemp dispensary licensed under section 3779.03 of the Revised Code.

(2) "Intoxicating hemp product receipts" means the total amount received by a licensed dispensary, without deduction for the cost of goods, taxes paid, or other expenses incurred, from the sale or other disposition of intoxicating hemp products to any other person.

(3) "Received" has the same meaning as in section 5751.01 of the Revised Code.

(4) "Sale" includes exchange, barter, gift, offer for sale, and distribution, and includes transactions in interstate or foreign commerce.

(5) "Taxpayer" means any person liable for a tax imposed under this section.

(6) "Gallon" means one hundred twenty-eight fluid ounces.

(7) "Drinkable cannabinoid product" means a low-level or high-level drinkable cannabinoid product.

(B) For the purpose of providing for the needs of this state, a tax is levied on the intoxicating hemp product receipts received by a licensed dispensary each month at the rate of ten per cent of such receipts. All revenue from the tax shall be credited to the general revenue fund. The tax is part of the price for purposes of sales and use taxes levied under Chapters 5739. and 5741. of the Revised Code.

(C) For the purpose of providing for the needs of this state, an excise tax is levied on sales by a manufacturer to a distributor or retailer of drinkable cannabinoid products at the rate of one dollar and twenty cents per gallon of such products sold. All revenue from the tax shall be credited to the general revenue fund.

(D) Not later than thirty days after first receiving intoxicating hemp product receipts, a licensed dispensary shall register with the tax commissioner by submitting all of the following:

(1) A copy of the license or licenses issued to the registrant under section 3779.03 of the Revised Code;

(2) The registrant's federal employer identification number or social security number or equivalent, as applicable;

(3) All other information that the commissioner requires to administer and enforce the tax levied under division (B) of this section.

(E) Not later than thirty days after first selling a drinkable cannabinoid product to a distributor or retailer, a manufacturer shall register with the tax commissioner by submitting all of the following:

(1) The registrant's federal employer identification number or social security number or equivalent, as applicable;

(2) All other information that the commissioner requires to administer and enforce the tax levied under division (C) of this section.

(F) If the commissioner notifies a licensed dispensary or manufacturer required to register under this section of such requirement and of the requirement to remit the tax due under section 3779.41 of the Revised Code, and the licensed dispensary or manufacturer fails to so register and remit the tax within sixty days after the notice, the commissioner may impose an additional penalty of up to thirty-five per cent of the tax due.

(G) A licensed dispensary that is registered with the tax commissioner under division (D) of this section shall notify the commissioner if any of the following occur with respect to a license issued to the registrant under section 3779.03 of the Revised Code:

(1) The license expires or is revoked;

(2) A change to the activities in which the registrant is permitted to engage;

(3) A change in the location or facilities in which the registrant is permitted to engage in such activities.

Sec. 3779.41. (A) Not later than the twenty-third day of the month, every taxpayer shall file with the tax commissioner a return for the preceding calendar month reporting any information the commissioner finds necessary for the proper administration of sections 3779.40 to 3779.48 of the Revised Code, together with remittance of the tax due. In the case of the tax levied under division (B) of section 3779.40 of the Revised Code, the tax shall be calculated on the basis of the taxpayer's intoxicating hemp product receipts received during the preceding month. In the case of the tax levied under division (C) of section 3779.40 of the Revised Code, the tax shall be calculated on the basis of the gallons of drinkable cannabinoid products sold by the taxpayer to a distributor or retailer during the preceding month.

(B) Any taxpayer that fails to file a return or pay the full amount of the tax due within the period prescribed under this section shall pay a penalty in an amount not exceeding the greater of fifty dollars or ten per cent of the tax required to be paid for the month.

(C)(1) If any additional tax is found to be due, the tax commissioner may impose an additional penalty of up to fifteen per cent of the additional tax found to be due.

(2) Any delinquent payments made after a taxpayer is notified of an audit or a tax discrepancy by the commissioner are subject to the penalty imposed by division (C)(1) of this section. If an assessment is issued under section 3779.44 of the Revised Code in connection with such delinquent payments, the payments shall be credited to the assessment.

(D) The commissioner may collect any penalty or interest imposed by this section or section 3779.40 of the Revised Code in the same manner as the applicable tax imposed under that section. Penalties and interest so collected shall be considered as revenue arising from that tax.

(E) The commissioner may abate all or a portion of any penalties imposed under this section or section 3779.40 of the Revised Code and may adopt rules governing such abatements.

(F) If any tax due is not timely paid within the period prescribed under this section, the taxpayer shall pay interest, calculated at the rate per annum prescribed by section 5703.47 of the Revised Code, from the date the tax payment was due to the date of payment or to the date an assessment was issued, whichever occurs first.

(G) The commissioner may impose a penalty of up to ten per cent for any additional tax that is due from a taxpayer that reports incorrect information.

Sec. 3779.42. (A) Any taxpayer required to file returns under section 3779.41 of the Revised Code shall remit each tax payment, and, if required by the tax commissioner, file the tax return or the annual report, electronically. The commissioner may require taxpayers to use the Ohio business gateway as defined in section 718.01 of the Revised Code to file returns and remit the taxes, or may provide another means for taxpayers to file and remit the taxes electronically.

(B) A taxpayer required to remit taxes or file returns electronically under division (A) of this section may apply to the commissioner, on a form prescribed by the commissioner, to be excused from that requirement. The commissioner may excuse a taxpayer from the requirements of this section for good cause.

(C)(1) If a taxpayer required to remit tax or file a return electronically under division (A) of this section fails to do so, the commissioner may impose a penalty not to exceed the following:

(a) For either of the first two months the taxpayer so fails, the greater of twenty-five dollars or five per cent of the amount of the payment that was required to be remitted;

(b) For the third and any subsequent months the taxpayer so fails, the greater of fifty dollars or ten per cent of the amount of the payment that was required to be remitted.

(2) The penalty imposed under division (C)(1) of this section shall be considered as revenue arising from the tax imposed under division (B) or (C) of section 3779.40 of the Revised Code, as applicable. A penalty may be collected by assessment in the manner prescribed by section 3779.44 of the Revised Code. The commissioner may abate all or a portion of such a penalty.

(D) The commissioner may adopt rules necessary to administer this section.

Sec. 3779.43. (A) An application for refund to the taxpayer of amounts imposed under sections 3779.40 to 3779.48 of the Revised Code that are overpaid, paid illegally or erroneously, or paid on any illegal or erroneous assessment shall be filed by the taxpayer with the tax commissioner, on a form prescribed by the commissioner, within four years after the date of the illegal or erroneous payment, or within any additional period allowed under division (F) of section 3779.44 of the Revised Code. The applicant shall provide the amount of the requested refund along with the claimed reasons for, and documentation to support, the issuance of a refund.

(B) On the filing of the refund application, the commissioner shall determine the amount of refund to which the applicant is entitled. If the amount is not less than that claimed, the commissioner shall certify the amount to the director of budget and management and treasurer of state for payment from the tax refund fund created under section 5703.052 of the Revised Code. If the amount is less than that claimed, the commissioner shall proceed in accordance with section 5703.70 of the Revised Code.

(C) Interest on a refund applied for under this section, computed at the rate provided for in section 5703.47 of the Revised Code, shall be allowed from the later of the date the amount was paid or when the payment was due.

(D) Except as provided in section 3779.431 of the Revised Code, the commissioner may, with the consent of the taxpayer, provide for the crediting, against tax due for any month, of the amount of any refund due to the taxpayer under this section for a preceding month.

Sec. 3779.431. As used in this section, "debt to this state" means unpaid taxes due the state, unpaid workers' compensation premiums due under section 4123.35 of the Revised Code, unpaid unemployment compensation contributions due under section 4141.25 of the Revised Code, unpaid unemployment compensation payment in lieu of contribution under section 4141.241 of the Revised Code, unpaid fees payable to the state or to the clerk of courts pursuant to section 4505.06 of the Revised Code, incorrect payments for medicaid services under the medicaid program, or any unpaid charge, penalty, or interest arising from any of the foregoing.

If a taxpayer entitled to a refund under section 3779.43 of the Revised Code owes any debt to this state, the amount refundable may be applied in satisfaction of the debt. If the amount refundable is less than the amount of the debt, it may be applied in partial satisfaction of the debt. If the amount refundable is greater than the amount of the debt, the amount remaining after satisfaction of the debt shall be refunded. This section applies only to debts that have become final. For the purposes of this section, a debt becomes final when, under the applicable law, any time provided for petition for reassessment, request for reconsideration, or other appeal of the legality or validity of the amount giving rise to the debt expires without an appeal having been filed in the manner provided by law.

Sec. 3779.44. (A) The tax commissioner may make an assessment, based on any information in the commissioner's possession, against any person that fails to file a return or pay tax as required under section 3779.41 of the Revised Code. The commissioner shall give the person assessed written notice of the assessment as provided in section 5703.37 of the Revised Code. With the notice, the commissioner shall provide instructions on the manner in which to petition for reassessment and request a hearing with respect to the petition.

(B) Unless the person assessed, within sixty days after service of the notice of assessment, files with the commissioner, either personally or by certified mail, a written petition signed by the person or the person's authorized agent having knowledge of the facts, the assessment becomes final, and the amount of the assessment is due and payable from the person assessed to the treasurer of state. The petition shall indicate the objections of the person assessed, but additional objections may be raised in writing if received by the commissioner before the date shown on the final determination.

If a petition for reassessment has been properly filed, the commissioner shall proceed under section 5703.60 of the Revised Code.

(C)(1) After an assessment becomes final, if any portion of the assessment, including accrued interest, remains unpaid, a certified copy of the commissioner's entry making the assessment final may be filed in the office of the clerk of the court of common pleas in the county in which the person resides or has its principal place of business in this state, or in the office of the clerk of the court of common pleas of Franklin county.

(2) Immediately upon the filing of the entry, the clerk shall enter judgment for the state against the person assessed in the amount shown on the entry. The judgment may be filed by the clerk in a loose-leaf book entitled "special judgments for the intoxicating hemp product receipts tax" or "special judgments for the drinkable cannabinoid product tax," as applicable, and shall have the same effect as other judgments. Execution shall issue upon the judgment at the request of the commissioner, and all laws applicable to sales on execution shall apply to sales made under the judgment.

(3) If the assessment is not paid in its entirety within sixty days after the day the assessment was issued, the portion of the assessment consisting of tax due shall bear interest at the rate per annum prescribed by section 5703.47 of the Revised Code from the day the commissioner issues the assessment until it is paid or until it is certified to the attorney general for collection under section 131.02 of the Revised Code, whichever comes first. If the unpaid portion of the assessment is certified to the attorney general for collection, the entire unpaid portion of the assessment shall bear interest at the rate per annum prescribed by section 5703.47 of the Revised Code from the date of certification until the date it is paid in its entirety. Interest shall be paid in the same manner as the tax imposed by division (B) or (C) of section 3779.40 of the Revised Code, as applicable, and may be collected by the issuance of an assessment under this section.

(D) If the commissioner believes that collection of a tax imposed by this chapter will be jeopardized unless proceedings to collect or secure collection of the tax is instituted without delay, the commissioner may issue a jeopardy assessment against the person liable for the tax. Immediately upon the issuance of the jeopardy assessment, the commissioner shall file an entry with the clerk of the court of common pleas in the manner prescribed by division (C) of this section. Notice of the jeopardy assessment shall be served on the person assessed or the person's authorized agent in the manner provided in section 5703.37 of the Revised Code within five days of the filing of the entry with the clerk. The total amount assessed is immediately due and payable unless the person assessed files a petition for reassessment in accordance with division (B) of this section and provides security in a form satisfactory to the commissioner and in an amount sufficient to satisfy the unpaid balance of the assessment. Full or partial payment of the assessment does not prejudice the commissioner's consideration of the petition for reassessment.

(E) The commissioner shall immediately forward to the treasurer of state all amounts the commissioner receives under this section, and such amounts shall be considered as revenue arising from the tax imposed under division (B) or (C) of section 3779.40 of the Revised Code, as applicable.

(F) Except as otherwise provided in this division, no assessment shall be made or issued against a taxpayer for a tax imposed under this chapter more than four years after the due date for the filing of the return for the tax period for which the tax was reported, or more than four years after the return for the tax period was filed, whichever is later. The time limit may be extended if both the taxpayer and the commissioner consent in writing to the extension or enter into an agreement waiving or extending the time limit. Any such extension shall extend the four-year time limit in division (A) of section 3779.43 of the Revised Code for the same period of time. Nothing in this division bars an assessment against a taxpayer that fails to file a return required under section 3779.41 of the Revised Code or that files a fraudulent return.

(G) If the commissioner possesses information that indicates that the amount of tax a taxpayer is required to pay under division (B) or (C) of section 3779.40 of the Revised Code exceeds the amount the taxpayer paid, the commissioner may audit a sample of the taxpayer's sales over a representative period of time to ascertain the amount of tax due, and may issue an assessment based on the audit. The commissioner shall make a good faith effort to reach agreement with the taxpayer in selecting a representative sample. The commissioner may apply a sampling method only if the commissioner has prescribed the method by rule.

(H) If the whereabouts of a person subject to this chapter is not known to the tax commissioner, the commissioner shall follow the procedures under section 5703.37 of the Revised Code.

Sec. 3779.45. If any person liable for a tax imposed under section 3779.40 of the Revised Code sells the trade or business, disposes in any manner other than in the regular course of business at least seventy-five per cent of assets of the trade or business, or quits the trade or business, any tax owed by such person shall become due and payable immediately, and the person shall pay the tax due under this chapter, including any applicable penalties and interest, within forty-five days after the date of selling or quitting the trade or business. The person's successor shall withhold a sufficient amount of the purchase money to cover the amount due and unpaid until the former owner produces a receipt from the tax commissioner showing that the amounts are paid or a certificate indicating that no tax is due. If a purchaser fails to withhold purchase money, that person is personally liable, up to the purchase money amount, for such amounts that are unpaid during the operation of the business by the former owner.

The commissioner may adopt rules regarding the issuance of certificates under this section, including the waiver of the need for a certificate if certain criteria are met.

Sec. 3779.451. If any person subject to the tax levied under division (B) of section 3779.40 of the Revised Code fails to report or pay the tax as required under section 3779.41 of the Revised Code, or fails to pay any penalty imposed under sections 3779.40 to 3779.48 of the Revised Code within ninety days after the time prescribed for payment of the penalty, the attorney general, on the request of the tax commissioner, shall commence an action in quo warranto in the court of appeals of the county in which the person resides or has its principal place of business to forfeit and annul the person's licenses issued under section 3779.03 of the Revised Code. If the court finds that the person is in default for the amount claimed, it shall render judgment revoking the person's registration and shall otherwise proceed as provided in Chapter 2733. of the Revised Code.

Sec. 3779.46. (A) The tax commissioner may prescribe requirements for the keeping of records and other pertinent documents, the filing of copies of federal income tax returns and determinations, and computations reconciling federal income tax returns with the returns required by section 3779.41 of the Revised Code. The commissioner may require any person, by rule or notice served on that person, to keep those records that the commissioner considers necessary to show whether, and the extent to which, a person is subject to a tax levied under section 3779.40 of the Revised Code.

(B) Each taxpayer shall maintain complete and accurate records of all sales and other dispositions of intoxicating hemp products or drinkable cannabinoid products, as applicable, and shall procure and retain all invoices, bills of lading, and other documents relating to the sales and other dispositions of such products. No person shall make a false entry upon any invoice or record upon which an entry is required by this section, and no person shall present any false entry for the inspection of the commissioner with the intent to evade a tax levied under section 3779.40 of the Revised Code.

(C) The records described in divisions (A) and (B) of this section and other documents shall be open during business hours to the inspection of the commissioner, and shall be preserved for a period of four years, unless the commissioner, in writing, consents to their destruction within that period, or by order requires that they be kept for a longer period. If such records are normally kept by the person electronically, the person shall provide such records to the commissioner electronically at the commissioner's request.

(D) Any information acquired by the commissioner under this chapter is confidential as provided for in section 5703.21 of the Revised Code, except that the commissioner shall make public an electronic list of all actively registered persons required to remit a tax under section 3779.40 of the Revised Code, including legal names, trade names, addresses, and account numbers. In addition, the list shall include all persons that canceled their registrations at any time during the preceding four calendar years, including the effective date of the cancellation.

Sec. 3779.47. (A) No person shall prepare for shipment, ship, transport, deliver, prepare for distribution, distribute, or sell intoxicating hemp products or drinkable cannabinoid products, or otherwise engage or participate in the business of selling intoxicating hemp products or drinkable cannabinoid products, with the intent to avoid payment of a tax levied by section 3779.40 of the Revised Code.

(B) The tax commissioner or an agent of the commissioner may enter and inspect the facilities and records of a person selling intoxicating hemp products or drinkable cannabinoid products. Such entrance and inspection requires a properly issued search warrant if conducted outside the normal business hours of the person, but does not require a search warrant if conducted during the normal business hours of the person. No person shall prevent or hinder the commissioner or an agent of the commissioner from carrying out the authority granted under this division.

(C) Whenever the commissioner discovers intoxicating hemp products or drinkable cannabinoid products that are subject to a tax levied by this chapter and upon which the tax has not been or will not be paid or the commissioner has reason to believe the tax is being avoided, the commissioner may seize and take possession of the products, which, upon seizure, shall be forfeited to the state. Within a reasonable time after seizure, the commissioner may sell the products. From the proceeds of this sale, the commissioner shall pay the costs incurred in the seizure and sale, and any proceeds remaining after the sale shall be considered as revenue arising from the tax. The seizure and sale do not relieve any person from the fine or imprisonment provided for a violation of this chapter. The commissioner shall make the sale where it is most convenient and economical, but may order the destruction of forfeited products if the quantity or quality is not sufficient to warrant its sale.

Sec. 3779.48. (A) Any person that is not a taxpayer registered under section 3779.40 of the Revised Code is liable for any amounts, including tax, interest, and penalties, imposed by sections 3779.40 to 3779.48 of the Revised Code in the same manner as persons that do hold such a registration are liable, if the person does either of the following:

(1) Receives intoxicating hemp product receipts from the retail sale of intoxicating hemp;

(2) Sells drinkable cannabinoid products upon which the tax levied by those sections has not been paid.

(B) The tax commissioner may issue an assessment against a person described in division (A) of this section for any amount due under this chapter in the same manner provided under section 3779.44 of the Revised Code.

Sec. 3779.99. (A) Except as provided in division (B) of this section, whoever recklessly violates division (A)(1) of section 3779.02 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on a subsequent offense.

(B) Whoever recklessly violates division (A)(1) of section 3779.02 of the Revised Code that involves the sale of an intoxicating hemp product to a person under twenty-one years of age is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on a subsequent offense.

(D)(1) As used in this section, "licensing authority" means the following:

(a) For purposes of a license issued under section 3770.05 of the Revised Code, the state lottery commission;

(b) For purposes of sections 5743.15 and 5743.61 of the Revised Code, the tax commissioner;

(2) A licensing authority shall adopt rules in accordance with Chapter 119. of the Revised Code to enforce violations of this chapter directly against a person who has been issued a license under section 3770.05, 5743.15, or 5743.61 or has been issued a permit under Chapter 4303. of the Revised Code, as applicable.

(E) Whoever recklessly violates division (B)(1) of section 3779.22 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on a second or subsequent offense.

(F) Whoever recklessly violates division (B)(8) of section 3779.22 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on a subsequent offense.

(G) Whoever knowingly violates section 3779.29 of the Revised Code is guilty of a minor misdemeanor.

(H) Whoever knowingly files a fraudulent refund claim under section 3779.43 of the Revised Code shall be fined the greater of one thousand dollars or the amount of the fraudulent refund requested, or imprisoned not more than sixty days, or both.

(I) Except as otherwise provided in this section, whoever knowingly violates sections 3779.40 to 3779.48 of the Revised Code shall be fined not more than five hundred dollars, or imprisoned not more than thirty days, or both.

(J) The penalties provided in divisions (H) and (I) of this section are in addition to any penalties imposed by the tax commissioner under sections 3779.40 to 3779.48 of the Revised Code.

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;

(26) "Intoxicating hemp product" has the same meaning as in section 3779.01 of the Revised Code.

(27) "Physical control" means being in the operator's position of a vehicle, streetcar, trackless trolley, watercraft, or aircraft and having possession of the vehicle's, streetcar's, trackless trolley's, watercraft's, or aircraft's ignition key or other ignition device.

(B) As used in the Revised Code, the "division of 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 both of the following:

(a) Online and mobile ordering of adult-use and medical marijuana by a licensed dispensary;

(b) Delivery of medical marijuana by a licensed dispensary or an agent of a licensed dispensary to a registered medical marijuana patient or caregiver.

(16) Establish standards prohibiting the use of gifts, samples, or other free or discounted goods or services to induce or reward a license holder for business or referrals;

(17) Establish standards for non-marijuana ingredients used in adult-use and medical marijuana products, which may take into account industry best-practices and criteria set by the federal food and drug administration for food ingredients, vitamins, and supplements. The division may prohibit ingredients that do not meet such standards.

(C) In addition to the rules described in division (B) of this section, the division may adopt any other rules it considers necessary for the program's administration and the implementation and enforcement of this chapter.

(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) This section does not authorize any person to:

(1) Cultivate, grow, or process homegrown marijuana except at the person's primary residence;

(2) Use, cultivate, process, transfer, or transport adult-use marijuana or homegrown marijuana before reaching twenty-one years of age;

(3) Process homegrown by hydrocarbon-based extraction;

(4) Sell, or profit from, homegrown marijuana;

(5) Cultivate, grow, or possess homegrown marijuana on behalf of another person.

(C)(1) No person shall knowingly cultivate, grow, or possess homegrown marijuana in a manner that violates division (A) of this section:

(2) No person shall knowingly consume adult-use marijuana or homegrown marijuana in a public place;

(3) No person operating a public place shall knowingly permit the consumption of adult-use marijuana or homegrown marijuana in that public place.

(D) Subject to division (B) of this section and divisions (B) and (C) of section 3796.221 of the Revised Code, an adult-use consumer shall not be subject to arrest or criminal prosecution for cultivating, growing, possessing, processing, storing, or using homegrown marijuana, or possessing paraphernalia or accessories that may be used in the administration of adult-use or homegrown marijuana, in accordance with division (A) of this section.

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

Sec. 3796.05. (A) When establishing the number of cultivator licenses that will be permitted at any one time, the division of marijuana control shall consider ~~both~~ all of the following:

(1) The population of this state;

(2) The number of patients seeking to use medical marijuana;

(3) The number of adult-use consumers seeking to use adult-use marijuana.

~~(B) When establishing the number of retail dispensary licenses that will~~ (B)(1) Not more than four hundred licensed dispensaries shall be permitted to operate in this state at any one time~~, the division shall consider all of the following:~~

~~(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 mile of another licensed dispensary;

(b) For which a permit has been issued under Chapter 4303. of the Revised Code to sell beer and intoxicating liquor, as those terms are defined in section 4301.01 of the Revised Code.

(C) No person shall own or operate more than eight licensed dispensaries, more than one licensed cultivator, or more than one licensed processor license at any time.

(D) When establishing standards and procedures for the testing of medical marijuana and adult-use marijuana, the division shall do all of the following:

(1) Specify when testing must be conducted;

(2) Determine the minimum amount of medical marijuana or adult-use marijuana that must be tested;

(3) Specify the manner in which testing is to be conducted in an effort to ensure uniformity of medical marijuana products ~~processed for and dispensed to patients~~ and adult-use marijuana products;

(4) Specify the manner in which test results are provided.

Sec. 3796.06. (A) Only the following forms of medical marijuana may be dispensed under this chapter:

(1) Oils;

(2) Tinctures;

(3) Plant material;

(4) Edibles;

(5) Patches;

(6) Any other form approved by the division of marijuana control under section 3796.061 of 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, homegrown marijuana, and intoxicating hemp products, all of the following apply:

(1) The smoking or combustion of medical marijuana is prohibited.

(2) ~~The~~ No person shall knowingly consume adult-use marijuana, homegrown marijuana, or intoxicating hemp products by smoking, combustion, or vaporization or knowingly consume medical marijuana by vaporization ~~of medical marijuana is permitted~~ in any place other than privately owned real property that is used primarily for residential or agricultural purposes, including any dwellings, facilities, improvements, and appurtenances on such real property.

(3) No person shall knowingly smoke, combust, or vaporize marijuana or intoxicating hemp products in any of the following:

(a) A type A family child care home or type B family child care home, as those terms are defined in section 5104.01 of the Revised Code;

(b) A halfway house, community transitional housing facility, community residential center, or other similar facility licensed by the division of parole and community services under section 2967.14 of the Revised Code;

(c) A residential premises occupied pursuant to a rental agreement that prohibits the smoking, combustion, or vaporization of marijuana or intoxicating hemp products;

(d) A public place or place of employment, as those terms are defined in section 3794.01 of the Revised Code.

~~(3)~~(4) The division may approve additional methods of using medical marijuana, other than smoking or combustion, under section 3796.061 of the Revised Code.

~~(C)~~ (D)(1) Any form or method of using adult-use marijuana or medical marijuana that is considered attractive to children, as specified in rules adopted by the division, is prohibited.

(2) Adult-use marijuana and medical marijuana shall not be dispensed or sold in a form or shape that bears the likeness or contains the characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon renderings.

~~(D) With respect to tetrahydrocannabinol content, all of the following apply:~~

~~(1) Plant material shall have a~~ (E)(1) Except as otherwise provided in division (E)(3) of this section, the tetrahydrocannabinol content of medical marijuana dispensed or sold to patients or caregivers shall not ~~more than thirty-five~~ exceed:

(a) Thirty-five per cent for plant material;

(b) Seventy per cent for extracts.

(2) ~~Extracts shall have a~~ Except as otherwise provided in division (E)(3) of this section, the tetrahydrocannabinol content of adult-use marijuana dispensed or sold to adult-use consumers shall not ~~more than seventy~~ exceed:

(a) Thirty-five per cent for plant material;

(b) Seventy per cent for extracts.

(3) The division may adopt rules, in accordance with Chapter 119. of the Revised Code, that do either or both of the following:

(a) Increase the tetrahyrdrocannabinol content limits for extracts prescribed in divisions (E)(1) and (2) of this section;

(b) Establish tetrahydrocannabinol content limits for adult-use and medical marijuana dispensed or sold under this chapter by content per serving or per package.

(F) No person shall knowingly give, sell, or distribute adult-use marijuana or homegrown marijuana to a person under twenty-one years of age.

(G) No person under the age of twenty one shall knowingly purchase, use, or possess adult-use marijuana or homegrown marijuana.

(H) An adult-use consumer, medical marijuana patient, or medical marijuana caregiver shall store edible adult-use and medical marijuana products in the original packaging at all times when the products are not actively in use.

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

(B) No person shall knowingly transport medical marijuana or adult-use marijuana in a motor vehicle unless one of the following applies:

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

(2) If previously opened, the adult-use marijuana or medical marijuana is stored in the trunk of the motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat of the motor vehicle or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.

(C) No person shall knowingly transport homegrown marijuana in a motor vehicle unless the homegrown marijuana is stored in the trunk of the motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat of the motor vehicle or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.

(D) No person shall knowingly transport marijuana paraphernalia in a motor vehicle unless one of the following applies:

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

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

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

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

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

Sec. 3796.09. (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.

(3) In conducting the lottery, the division shall give applicants in the exceeds category double odds of being selected as compared to applicants in the meets category. The division shall give applicants in the highly exceeds category double the odds of being selected as compared to applicants in the exceeds category. An applicant grouped in the does not meet category is ineligible for licensure.

(F) The ~~department~~ division shall issue not less than fifteen per cent of cultivator, processor, or laboratory licenses to entities that are owned and controlled by United States citizens who are residents of this state and are members of one of the following economically disadvantaged groups: Blacks or African Americans, American Indians, Hispanics or Latinos, and Asians. If no applications or an insufficient number of applications are submitted by such entities that meet the conditions set forth in division ~~(B)~~(C) of this section, the licenses shall be issued according to usual procedures.

As used in this division, "owned and controlled" means that at least fifty-one per cent of the business, including corporate stock if a corporation, is owned by persons who belong to one or more of the groups set forth in this division, and that those owners have control over the management and day-to-day operations of the business and an interest in the capital, assets, and profits and losses of the business proportionate to their percentage of ownership.

~~(D)~~ (G) A license expires according to the renewal schedule established in rules adopted under section 3796.03 of the Revised Code and may be renewed in accordance with the procedures established in those rules. Applications for renewal are not subject to the evaluation, prioritization, ranking, and lottery provisions in divisions (B), (D), and (E) of this section. The division shall not deny an application for renewal based solely on the location of the applicant's existing facility in proximity to other license holders.

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

(I) No person shall knowingly engage in any of the activities described in section 3796.18, 3796.19, or 3796.21 of the Revised Code without the proper license issued under this section or Chapter 3780. of the Revised Code, as that chapter existed immediately prior to the effective date of this amendment.

Sec. 3796.10. (A) An entity that seeks to dispense at retail medical marijuana and adult-use marijuana shall file an application for licensure with the division of marijuana control. The entity shall file an application for each location from which it seeks to operate. Each application shall be submitted in accordance with rules adopted under section 3796.03 of the Revised Code.

(B) The division shall evaluate and prioritize applications for licensure under this section according to the applicant's eligibility, suitability, and ability to operate.

(2) The applicant demonstrates that ~~it does not~~ none of its current or prospective owners, officers, board members, administrators, employees, agents, or affiliates who may significantly influence or control the applicant's activities have an ownership or investment interest in or compensation arrangement with ~~any~~ either of the following:

(a) A licensed laboratory ~~licensed under this chapter~~;

(b) An applicant for a license to conduct laboratory testing.

(3) The applicant demonstrates that ~~it does not~~ none of its current or prospective owners, officers, board members, administrators, employees, agents, or affiliates who may significantly influence or control the applicant's activities share any corporate officers or employees with ~~any~~ either of the following:

(a) A licensed laboratory ~~licensed under this chapter~~;

(b) An applicant for a license to conduct laboratory testing.

(4) The applicant demonstrates that it will not be located within five hundred feet of a school, church, public library, public playground, or public park.

(5) The applicant demonstrates that the proposed location or facility is not either of the following:

(a) Located within one mile of another licensed dispensary;

(b) Issued a permit under Chapter 4303. of the Revised Code to sell beer and intoxicating liquor, as those terms are defined in section 4301.01 of the Revised Code.

(6) The information provided to the division pursuant to section 3796.11 of the Revised Code demonstrates that the applicant is in compliance with the applicable tax laws of this state.

~~(6)~~ (7) The applicant demonstrates sufficient liquid capital and ability to meet financial responsibility requirements;

(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.

(F) The division shall issue not less than fifteen per cent of retail dispensary licenses to entities that are owned and controlled by United States citizens who are residents of this state and are members of one of the following economically disadvantaged groups: Blacks or African Americans, American Indians, Hispanics or Latinos, and Asians. If no applications or an insufficient number of applications are submitted by such entities that meet the conditions set forth in division ~~(B)~~(C) of this section, the licenses shall be issued according to usual procedures.

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

(I) No person shall knowingly engage in any of the activities described in section 3796.20 of the Revised Code without a dispensary license issued under this section or Chapter 3780. of the Revised Code, as that chapter existed immediately prior to the effective date of this amendment.

Sec. 3796.12. (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) Written notification that the person is to instruct the superintendent to submit the completed report of the criminal records check directly to the division.

(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.

(2) Instruct the superintendent to submit the completed report of the criminal records check directly to the division.

Sec. 3796.13. (A) Each person seeking employment with ~~an entity licensed under this chapter~~ a license holder shall comply with sections 4776.01 to 4776.04 of the Revised Code. Except as provided in division (B) of this section, such ~~an entity~~ a license holder shall not employ the person unless the person has submitted a criminal records check under those sections~~. The~~ and the report of the resulting criminal records check ~~shall demonstrate~~ demonstrates that the person has not been convicted of or pleaded guilty to any of the disqualifying offenses specified in rules adopted under division (B)(14)(a) of section 3796.03 of the Revised Code if the person is seeking employment with an entity licensed by the division of marijuana control under this chapter.

(B) An entity is not prohibited by division (A) of this section from employing a person if the disqualifying offense the person was convicted of or pleaded guilty to is one of the offenses specified in rules adopted under division (B)(14)(b) of section 3796.03 of the Revised Code and the person was convicted of or pleaded guilty to the offense more than five years before the date the employment begins.(B)(1) Notwithstanding division (A) of this section, the division of marijuana control shall establish standards for provisional employment of individuals who have exigent circumstances.

(2) Such standards must include, at minimum, a requirement that the individual seeking provisional employment submit evidence of compliance with sections 4776.01 to 4776.04 of the Revised Code.

(3) A provisional employment authorization made under division (B) of this division is valid for not longer than three months, but may be renewed at the discretion of the division of marijuana control for an additional three months.

(4) The division of marijuana control may use all available resources in establishing standards for instant background checks.

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 and either or both of the following apply:

(a) The division of marijuana control requests the unit to inspect or investigate.

(b) The inspection or investigation involves alleged criminal activity.

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

(F) Nothing in this section prohibits the Ohio investigative unit from investigating criminal activity related to this chapter outside the premises of a license holder's cultivation, processing, dispensing, or laboratory facilities. The authority of the Ohio investigative unit is concurrent to the jurisdiction of any law enforcement officer to enforce this chapter.

Sec. 3796.15. (A) The division of 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~~ all of the following:

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

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

(d) Acquire seeds, clones, plants, and other genetic material.

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

(B) A licensed cultivator ~~license holder~~ shall not cultivate medical marijuana or adult-use marijuana for personal, family, or household use or on any public land, including a state park as defined in section 154.01 of the Revised Code.

(C) A licensed cultivator shall identify, package, and label all medical marijuana and adult-use marijuana products in accordance with this chapter and any rules adopted thereunder before delivering or selling the products to a licensed processor or licensed dispensary.

(D) The division of 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~~ all of the following:

~~(1) Obtain~~ (a) Purchase or otherwise 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 dispensary:

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

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

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

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

~~(1) Obtain~~ (a) Purchase or otherwise obtain medical marijuana and adult-use marijuana from ~~one or more 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 medical marijuana in accordance with the rules adopted under section 3796.03 of the Revised Code;

(f) Deliver, transfer, or sell medical marijuana and adult-use marijuana to other license holders.

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

(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) A licensed dispensary shall dispense or sell adult-use marijuana only to adult-use consumers who present a current, valid, government-issued identification card demonstrating proof that the adult-use consumer is twenty-one years of age or older.

(2) No licensed dispensary shall knowingly dispense or sell more than the amount of adult-use marijuana that may be legally possessed by an adult-use consumer under section 3796.221 of the Revised Code to the same adult-use consumer in the same day.

(3) A licensed dispensary shall ensure that the label of the package containing adult-use marijuana contains all of the following information, in accordance with rules adopted by the division of marijuana 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;

~~When operating a licensed retail dispensary, both of the following apply:~~

~~(1)~~(D)(1) A licensed dispensary shall use only employees who have met the training requirements established in rules adopted under section 3796.03 of the Revised Code.

(2) A licensed dispensary shall not make public any information it collects that identifies or would tend to identify any specific medical marijuana patient or adult-use consumer.

(3) A licensed dispensary shall prominently display both of the following:

(a) A statement that the use of adult-use or homegrown marijuana by individuals under twenty-one years of age is both harmful and illegal;

(b) Information about the addictive qualities of marijuana and the potential negative health consequences associated with its use.

Sec. 3796.21. (A) Notwithstanding any conflicting provision of the Revised Code, a licensed laboratory, including the holder of a current, valid laboratory license issued under this chapter ~~may~~ before the effective date of this amendment, shall do both of the following:

(1) Obtain medical marijuana and adult-use marijuana from one or more licensed cultivators, licensed processors, and ~~retail~~ licensed dispensaries ~~licensed under this chapter~~;

(2) Conduct ~~medical marijuana~~ testing in the manner specified in rules adopted under section 3796.03 of the Revised Code.

(B) When testing medical marijuana or adult-use marijuana, a licensed laboratory shall do both of the following:

(1) Test ~~the marijuana~~ for potency, homogeneity, and contamination;

(2) Prepare a report of the test results.

Sec. 3796.22. (A) Notwithstanding any conflicting provision of the Revised Code, a patient registered under this chapter who obtains medical marijuana from a ~~retail~~ licensed dispensary ~~licensed under~~ in accordance with this chapter may do ~~both~~ all of the following:

(1) Use medical marijuana;

(2) Possess medical marijuana, subject to division (B) of this section;

(3) Possess any paraphernalia or accessories that may be used in the administration of medical marijuana, as specified in rules adopted under section 3796.03 of the Revised Code.

(B) The amount of medical marijuana possessed by a registered patient shall not exceed a ninety-day supply, as specified in rules adopted under section 3796.03 of the Revised Code.

(C) A registered patient shall not be subject to arrest or criminal prosecution for doing ~~any~~ either of the following in accordance with this chapter:

(1) Obtaining, using, or possessing medical marijuana;

(2) Possessing any paraphernalia or accessories that may be used in the administration of medical marijuana, as specified in rules adopted under section 3796.03 of the Revised Code.

(D) This section does not authorize a registered patient to operate a vehicle, streetcar, trackless trolley, watercraft, or aircraft while under the influence of ~~medical~~ marijuana.

Sec. 3796.221. (A) Notwithstanding any conflicting provision of the Revised Code, an adult-use consumer who obtains adult-use marijuana from a licensed dispensary may do all of the following:

(1) Use adult-use marijuana;

(2) Possess adult-use marijuana, subject to division (B) of this section;

(3) Possess any paraphernalia or accessories that may be used in the administration of adult-use marijuana as specified in rules adopted under section 3796.03 of the Revised Code;

(4) Transfer adult-use and homegrown marijuana to another adult-use consumer if all of the following apply:

(a) The transfer is without remuneration.

(b) The amount transferred to the same adult-use consumer in the same day does not exceed either of the following:

(i) Two and one-half ounces of plant material, excluding any seeds, live plants, or clones being cultivated, grown, or possessed in accordance with section 3796.04 of the Revised Code;

(ii) Fifteen grams of extract.

(c) The transfer occurs at privately owned real property that is used primarily for residential or agricultural purposes, including any dwellings, facilities, improvements, and appurtenances on such real property.

(B) No person shall knowingly possess more than the following cumulative amounts of homegrown marijuana and adult-use marijuana:

(1) Two and one-half ounces of plant material, excluding any seeds, live plants, or clones being cultivated, grown, or possessed in accordance with section 3796.04 of the Revised Code;

(2) Fifteen grams of extract.

(C) Except as expressly authorized under division (A)(4) of this section, no person other than a license holder shall knowingly give, sell, or transfer adult-use or homegrown marijuana to any other person, with or without remuneration.

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

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

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

(1) Possess medical marijuana on behalf of a registered patient under the caregiver's care, subject to division (B) of this section;

(2) Assist a registered patient under the caregiver's care in the use or administration of medical marijuana;

(3) Possess any paraphernalia or accessories specified in rules adopted under section 3796.03 of the Revised Code.

(B) The amount of medical marijuana possessed by a registered caregiver on behalf of a registered patient shall not exceed a ninety-day supply, as specified in rules adopted under section 3796.03 of the Revised Code. If a caregiver provides care to more than one registered patient, the caregiver shall maintain separate inventories of medical marijuana for each patient.

(C) A registered caregiver shall not be subject to arrest or criminal prosecution for doing any of following in accordance with this chapter:

(1) Obtaining or possessing medical marijuana on behalf of a registered patient;

(2) Assisting a registered patient in the use or administration of medical marijuana;

(3) Possessing any paraphernalia or accessories specified in rules adopted under section 3796.03 of the Revised Code.

(D) This section does not permit a registered caregiver to personally use medical marijuana, unless the caregiver is also a registered patient.

Sec. 3796.24. (A) The holder of a license, as defined in section 4776.01 of the Revised Code, is not subject to professional disciplinary action solely for engaging in professional or occupational activities related to medical marijuana.

(B) Unless there is clear and convincing evidence that a child is unsafe, the use, possession, or administration of medical marijuana in accordance with this chapter shall not be the sole or primary basis for any of the following:

(1) An adjudication under section 2151.28 of the Revised Code determining that a child is an abused, neglected, or dependent child;

(2) An allocation of parental rights and responsibilities under section 3109.04 of the Revised Code;

(3) A parenting time order under section 3109.051 or 3109.12 of the Revised Code.

(C) Notwithstanding any conflicting provision of the Revised Code, the use or possession of medical marijuana in accordance with this chapter shall not be used as a reason for disqualifying a patient from medical care or from including a patient on a transplant waiting list.

(D) Notwithstanding any conflicting provision of the Revised Code, the use, possession, administration, cultivation, processing, testing, or dispensing of medical marijuana in accordance with this chapter shall not be used as the sole or primary reason for taking action under any criminal or civil statute in the forfeiture or seizure of any property or asset.

(E) Notwithstanding any conflicting provision of the Revised Code, ~~a person's status as a registered patient or caregiver~~ 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 shall not be used as the sole or primary basis for rejecting the person as a tenant unless the rejection is required by federal law. This division does not prohibit a landlord from prohibiting either of the following, as long as such prohibition is included in the applicable lease agreement:

(1) Consumption of marijuana in a residential premises or common areas by smoking, combustion, or vaporization;

(2) Cultivation or growth of homegrown marijuana.

(G) Except for unemployment compensation benefits under Chapter 4141. of the Revised Code, including as prescribed under division (B) of section 3796.28 of the Revised Code, the use or possession of medical marijuana, adult-use marijuana, or homegrown marijuana in accordance with this chapter shall not be used as a reason for disqualifying an individual from a public benefit program administered by any state or local authority, or for otherwise denying an individual a public benefit administered by the state or any local government.

(H) This chapter does not do any of the following:

(1) Require a physician to recommend that a patient use medical marijuana to treat a qualifying medical condition;

(2) Permit the use, possession, or administration of medical marijuana, adult-use marijuana, or homegrown marijuana other than as authorized by this chapter;

(3) Permit the use, possession, or administration of medical marijuana, adult-use marijuana, or homegrown marijuana on federal land located in this state;

(4) Require any public place to accommodate a registered patient's use of medical marijuana or an adult-use consumer's use of adult-use marijuana or homegrown marijuana;

(5) Prohibit any public place from accommodating a registered patient's use of medical marijuana, except that no public place shall accommodate consumption of medical marijuana by smoking, combustion, or vaporization;

(6) Restrict research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.

(I) It is the public policy of this state that contracts related to license holders are enforceable.

Sec. 3796.27. (A) As used in this section:

(1) "Financial institution" means any of the following:

(a) Any bank, trust company, savings and loan association, savings bank, or credit union or any affiliate, agent, or employee of a bank, trust company, savings and loan association, savings bank, or credit union;

(b) Any money transmitter licensed under sections 1315.01 to 1315.18 of the Revised Code or any affiliate, agent, or employee of such a licensee.

(2) "Financial services" means services that a financial institution is authorized to provide under Title XI, sections 1315.01 to 1315.18, or Chapter 1733. of the Revised Code, as applicable.

(B) A financial institution that provides financial services to any ~~cultivator, processor, retail dispensary, or laboratory licensed under this chapter~~ license holder shall be exempt from any criminal law of this state an element of which may be proven by substantiating that a person provides financial services to a person who possesses, delivers, or manufactures marijuana or marijuana derived products, including section 2925.05 of the Revised Code and sections 2923.01 and 2923.03 of the Revised Code as those sections apply to violations of Chapter 2925. of the Revised Code, if the ~~cultivator, processor, retail dispensary, or laboratory~~ license holder is in 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, attractive to minors, promote excessive use, promote illegal activity, are obscene or indecent, contain depictions of marijuana use, or promote marijuana as an intoxicant.

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

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

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

(E) No person shall place or maintain, or caused to be placed or maintained, an advertisement that asserts or suggests that adult-use marijuana has any health or therapeutic benefits.

(F)(1) Subject to division (F)(2) of this section, no person shall place or maintain, or cause to be placed or maintained, an advertisement for medical or adult-use marijuana within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park.

(2) Division (F)(1) of this section does not apply to signage on the facility of a license holder.

(G)(1) No person shall advertise medical or adult-use marijuana using names, logos, signs, or materials that have not been submitted to, and approved by, the division in accordance with rules adopted under this section.

(2) The division shall either approve or deny such names, logos, signs, or materials within twenty-one business days after receiving the submission.

(3) If the division does not deny a submission within twenty-one business days, the submitted names, logos, signs, or materials shall be considered approved.

(H) If the division determines that a person has violated this section or any rule adopted in accordance with this section, the division may require the person to stop using the advertisement or proceed with any enforcement action it deems necessary or proper, as outlined in this chapter and associated rules.

Sec. 3796.33. (A) As used in this section, "equivalent license" means:

(1) In the case of an adult-use cultivator, a cultivator license of the same level issued under section 3796.09 of the Revised Code to engage in the activities authorized by section 3796.18 of the Revised Code;

(2) In the case of an adult-use processor, a processor license issued under section 3796.09 of the Revised Code to engage in the activities authorized by section 3796.19 of the Revised Code;

(3) In the case of an adult-use dispensary, a retail dispensary license issued under section 3796.10 of the Revised Code to engage in the activities authorized by section 3796.20 of the Revised Code;

(4) In the case of an adult-use testing laboratory, a laboratory license issued under section 3796.09 of the Revised Code to engage in the activities authorized by section 3796.21 of the Revised Code.

(B) A license issued under Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this section, shall be treated, for all purposes, as the equivalent license under this chapter.

(C) The holder of a license described in division (B) of this section is subject to all procedures, requirements, and penalties that apply to the holder of the equivalent license under this chapter.

(D) If a license described in division (B) of this section is held by the same person and used at the same location as an equivalent license under this chapter, the division of marijuana control shall merge the licenses and treat them as the same license for all purposes, including expiration and renewal.

Sec. ~~3780.37~~ 3796.34. (A) As used in this section, "nonprofit corporation" has the same meaning as in section 1702.01 of the Revised Code.

(B) The division of ~~cannabis~~ marijuana control shall contract with a statewide nonprofit corporation for the development and implementation of cannabis and related drug misuse prevention, education, and public awareness initiatives driven by data, evaluation, and research. The contract must include a provision specifying a percentage of the total funding for the initiatives, not less than ten per cent, to be raised by the statewide nonprofit corporation through private contributions.

(1) Providing evidence-based information on the potential health effects of cannabis and related drug use among minors;

(2) Disseminating educational resources regarding the risks associated with cannabis and related drug use during pregnancy;

(3) Conducting campaigns to inform the public about the dangers and legal consequences of driving under the influence of cannabis and related drugs;

(4) Collaborating with employers and industry groups to develop and distribute evidence-based resources to improve the health of Ohio's workforce and promote workplace safety and recovery initiatives focused on cannabis and related drug misuse.

(D) The division shall oversee and evaluate the effectiveness of the initiatives undertaken pursuant to this section and shall ensure that those initiatives align with the public health and safety objectives of this state.

(E) The division shall annually compile a report detailing activities, use of funds, and measurable outcomes resulting from the initiatives undertaken pursuant to this section. The division shall submit the report to the general assembly in accordance with section 101.68 of the Revised Code.

Sec. 3796.40. (A) Terms used in this section have the same meanings as in section 5739.01 of the Revised Code.

(B) For the purpose of funding the needs of the state and local governments that host adult-use marijuana dispensaries, an excise tax is levied on the retail sale of adult-use marijuana. The rate of the tax shall equal ten per cent of the price of adult-use marijuana and is in addition to taxes levied under Chapters 5739. and 5741. of the Revised Code.

(C) The tax shall be paid by the consumer to the vendor at the time of the sale, and the vendor shall report and remit the tax to the state in the same manner and at the same time the vendor reports and remits the tax levied under Chapter 5739. of the Revised Code. The return required by this division shall be filed on a form prescribed by the tax commissioner, which shall be separate from the return required to be filed under section 5739.12 of the Revised Code. The tax levied under this section shall be collected consistent with Chapters 5703. and 5739. of the Revised Code.

(D) For the same purpose as the tax levied under division (B) of this section, a tax is levied on a vendor that sells any marijuana other than adult-use marijuana or medical marijuana to a consumer. That tax equals ten per cent of the price of such marijuana, and the consumer and vendor are liable for any amounts, including tax, interest, and penalties, imposed under this section and chapter in the same manner as vendors subject to the tax imposed under division (B) of this section.

(E) All amounts collected from a tax levied under this section shall be deposited into the 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.

(F) After making any transfers required under division (E) of this section, the director of budget and management shall transfer amounts remaining in the marijuana receipts fund as follows:

(1) Sixty-four per cent to the general revenue fund;

(2) Thirty-six per cent to the host community cannabis fund, which is created in the state treasury, for the benefit of municipal corporations or townships that have at least one licensed dispensary. Distributions to such municipal corporations and townships shall be based on the portion of the tax levied under division (B) of this section attributable to each municipal corporation or township. Municipal corporations and townships receiving funds under this division may use such funds for any lawful purpose.

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.

(G) The tax commissioner may prescribe all forms and adopt all rules necessary to administer the tax authorized under this section.

Sec. 3796.99. (A)(1) Whoever violates division (C)(2) of section 3796.06 of the Revised Code as an operator of the vehicle, streetcar, trackless trolley, watercraft, or aircraft is subject to section 1547.11, 4511.19, 4511.194, or 4561.15 of the Revised Code, as applicable.

(2) Whoever violates division (C)(2) of section 3796.06 of the Revised Code as a passenger of a vehicle, streetcar, trackless trolley, watercraft, or aircraft when the operator is operating or has physical control of the vehicle, streetcar, trackless trolley, watercraft, or aircraft is guilty of a misdemeanor of the third degree.

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

(E) Whoever violates division (C) of section 3796.04 of the Revised Code is guilty of illegal cultivation of marijuana under section 2925.04 of the Revised Code.

(F) Whoever violates division (I) of section 3796.09, division (I) of section 3796.10, division (C)(2) of section 3796.20, or division (C) of section 3796.221 of the Revised Code is guilty of trafficking in marijuana under section 2925.03 of the Revised Code.

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

(2) Except as otherwise provided in divisions (G)(3) and (4) of this section, whoever violates division (G) of section 3796.06 of the Revised Code by knowingly presenting to an adult-use dispensary licensed under this chapter a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, is guilty of a misdemeanor of the first degree and, notwithstanding division (A)(2) of section 2929.28 of the Revised Code, shall be fined not less than two hundred fifty dollars and not more than one thousand dollars.

(3)(a) Except as otherwise provided in division (G)(4) of this section, an offender who has previously been convicted of or pleaded guilty to a violation of division (G) of section 3796.06 of the Revised Code by knowingly presenting to an adult-use dispensary licensed under this chapter a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, is guilty of a misdemeanor of the first degree and, notwithstanding division (A)(2) of section 2929.28 of the Revised Code, shall be fined not less than five hundred dollars nor more than one thousand dollars.

(b)(i) The court also may impose a class seven suspension of the offender's driver's or 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. 4506.01. As used in this chapter:

(A) "Alcohol concentration" means the concentration of alcohol in a person's blood, breath, or urine. When expressed as a percentage, it means grams of alcohol per the following:

(1) One hundred milliliters of whole blood, blood serum, or blood plasma;

(2) Two hundred ten liters of breath;

(3) One hundred milliliters of urine.

(B) "Commercial driver's license" means a license issued in accordance with this chapter that authorizes an individual to drive a commercial motor vehicle.

(C) "Commercial driver's license information system" means the information system established pursuant to the requirements of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171, 49 U.S.C.A. App. 2701.

(D) Except when used in section 4506.25 of the Revised Code, "commercial motor vehicle" means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:

(1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;

(2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of twenty-six thousand one pounds or more;

(3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but is designed to transport sixteen or more passengers including the driver;

(4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including the driver;

(5) Is transporting hazardous materials for which placarding is required under subpart F of 49 C.F.R. part 172, as amended;

(6) Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the federal motor carrier safety administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.

(E) "Controlled substance" means all of the following:

(1) Any substance classified as a controlled substance under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A. 802(6), as amended;

(2) Any substance included in schedules I through V of 21 C.F.R. part 1308, as amended;

(3) Any drug of abuse.

(F) "Conviction" means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

(G) "Disqualification" means any of the following:

(1) The suspension, revocation, or cancellation of a person's privileges to operate a commercial motor vehicle;

(2) Any withdrawal of a person's privileges to operate a commercial motor vehicle as the result of a violation of state or local law relating to motor vehicle traffic control other than parking, vehicle weight, or vehicle defect violations;

(3) A determination by the federal motor carrier safety administration that a person is not qualified to operate a commercial motor vehicle under 49 C.F.R. 391.

(H) "Domiciled" means having a true, fixed, principal, and permanent residence to which an individual intends to return.

(I) "Downgrade" means any of the following, as applicable:

(1) A change in the commercial driver's license, or commercial driver's license temporary instruction permit, holder's self-certified status as described in division (A)(1) of section 4506.10 of the Revised Code;

(2) A change to a lesser class of vehicle;

(3) Removal of commercial driver's license privileges from the individual's driver's license;

(4) A change in the commercial driver's license, or commercial driver's license temporary instruction permit, holder's privileges as described in division (F)(1) of section 4506.13 of the Revised Code.

(J) "Drive" means to drive, operate, or be in physical control of a motor vehicle.

(K) "Driver" means any person who drives, operates, or is in physical control of a commercial motor vehicle or is required to have a commercial driver's license.

(L) "Driver's license" means a license issued by the bureau of motor vehicles that authorizes an individual to drive.

(M) "Drug of abuse" means any controlled substance, dangerous drug as defined in section 4729.01 of the Revised Code, harmful intoxicant as defined in section 2925.01 of the Revised Code, intoxicating hemp product as defined in section 3779.01 of the Revised Code, drinkable cannabinoid product as defined in section 3779.21 of the Revised Code, or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.

(N) "Electronic device" includes a cellular telephone, a personal digital assistant, a pager, a computer, and any other device used to input, write, send, receive, or read text.

(O) "Eligible unit of local government" means a village, township, or county that has a population of not more than three thousand persons according to the most recent federal census.

(P) "Employer" means any person, including the federal government, any state, and a political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person to drive such a motor vehicle.

(Q) "Endorsement" means an authorization on a person's commercial driver's license that is required to permit the person to operate a specified type of commercial motor vehicle.

(R) "Farm truck" means a truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of not more than one hundred fifty miles, of products of the farm, including livestock and its products, poultry and its products, floricultural and horticultural products, and in the transportation to the farm, from a distance of not more than one hundred fifty miles, of supplies for the farm, including tile, fence, and every other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production, and livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of the farm, when the truck is operated in accordance with this division and is not used in the operations of a motor carrier, as defined in section 4923.01 of the Revised Code.

(S) "Fatality" means the death of a person as the result of a motor vehicle accident occurring not more than three hundred sixty-five days prior to the date of death.

(T) "Felony" means any offense under federal or state law that is punishable by death or specifically classified as a felony under the law of this state, regardless of the penalty that may be imposed.

(U) "Foreign jurisdiction" means any jurisdiction other than a state.

(V) "Gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of each towed unit.

(W) "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended.

(X) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.

(Y) "Medical variance" means one of the following received by a driver from the federal motor carrier safety administration that allows the driver to be issued a medical certificate:

(1) An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;

(2) A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. 391.49.

(Z) "Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service as defined in 47 C.F.R. 20, except that mobile telephone does not include two-way or citizens band radio services.

(AA) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.

(BB) "Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, local, Canadian, or Mexican jurisdiction declaring that a driver, commercial motor vehicle, or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.

(CC) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.

(DD) "Portable tank" means a liquid or gaseous packaging designed primarily to be loaded onto or temporarily attached to a vehicle and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means.

(EE) "Public safety vehicle" has the same meaning as in divisions (E)(1) and (3) of section 4511.01 of the Revised Code.

(FF) "Recreational vehicle" includes every vehicle that is defined as a recreational vehicle in section 4501.01 of the Revised Code and is used exclusively for purposes other than engaging in business for profit.

(GG) "Residence" means any person's residence determined in accordance with standards prescribed in rules adopted by the registrar.

(HH) "School bus" has the same meaning as in section 4511.01 of the Revised Code.

(II) "Serious traffic violation" means any of the following:

(1) A conviction arising from a single charge of operating a commercial motor vehicle in violation of any provision of section 4506.03 of the Revised Code;

(2)(a) Except as provided in division (II)(2)(b) of this section, a violation while operating a commercial motor vehicle of a law of this state, or any municipal ordinance or county or township resolution, or any other substantially similar law of another state or political subdivision of another state prohibiting either of the following:

(i) Texting while driving;

(ii) Using a handheld mobile telephone.

(b) It is not a serious traffic violation if the person was texting or using a handheld mobile telephone to contact law enforcement or other emergency services.

(3) A conviction arising from the operation of any motor vehicle that involves any of the following:

(a) A single charge of any speed in excess of the posted speed limit by fifteen miles per hour or more;

(b) Violation of section 4511.20 or 4511.201 of the Revised Code or any similar ordinance or resolution, or of any similar law of another state or political subdivision of another state;

(c) Violation of a law of this state or an ordinance or resolution relating to traffic control, other than a parking violation, or of any similar law of another state or political subdivision of another state, that results in a fatal accident;

(d) Violation of section 4506.03 of the Revised Code or a substantially similar municipal ordinance or county or township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver's license with the proper class or endorsement for the specific vehicle group being operated or for the passengers or type of cargo being transported;

(e) Violation of section 4506.03 of the Revised Code or a substantially similar municipal ordinance or county or township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver's license being in the person's possession;

(f) Violation of section 4511.33 or 4511.34 of the Revised Code, or any municipal ordinance or county or township resolution substantially similar to either of those sections, or any substantially similar law of another state or political subdivision of another state;

(g) Violation of any other law of this state, any law of another state, or any ordinance or resolution of a political subdivision of this state or another state that meets both of the following requirements:

(i) It relates to traffic control, other than a parking violation;

(ii) It is determined to be a serious traffic violation by the United States secretary of transportation and is designated by the director as such by rule.

(JJ) "State" means a state of the United States and includes the District of Columbia.

(KK) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks that are either permanently or temporarily attached to the vehicle or its chassis and have an individual rated capacity of more than one hundred nineteen gallons and an aggregate rated capacity of one thousand gallons or more. "Tank vehicle" does not include a commercial motor vehicle transporting an empty storage container tank that is not designed for transportation, has a rated capacity of one thousand gallons or more, and is temporarily attached to a flatbed trailer.

(LL) "Tester" means a person or entity acting pursuant to a valid agreement entered into pursuant to division (B) of section 4506.09 of the Revised Code.

(MM) "Texting" means manually entering alphanumeric text into, or reading text from, an electronic device. Texting includes short message service, e-mail, instant messaging, a command or request to access a world wide web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. Texting does not include the following:

(1) Using voice commands to initiate, receive, or terminate a voice communication using a mobile telephone;

(2) Inputting, selecting, or reading information on a global positioning system or navigation system;

(3) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or

(4) Using, for a purpose that is not otherwise prohibited by law, a device capable of performing multiple functions, such as a fleet management system, a dispatching device, a mobile telephone, a citizens band radio, or a music player.

(NN) "Texting while driving" means texting while operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Texting while driving does not include operating a commercial motor vehicle with or without the motor running when the driver has moved the vehicle to the side of, or off, a highway and is stopped in a location where the vehicle can safely remain stationary.

(OO) "United States" means the fifty states and the District of Columbia.

(PP) "Upgrade" means a change in the class of vehicles, endorsements, or self-certified status as described in division (A)(1) of section 4506.10 of the Revised Code, that expands the ability of a current commercial driver's license holder to operate commercial motor vehicles under this chapter.

(QQ) "Use of a handheld mobile telephone" means:

(1) Using at least one hand to hold a mobile telephone to conduct a voice communication;

(2) Dialing or answering a mobile telephone by pressing more than a single button; or

(3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, or restrained by a seat belt that is installed in accordance with 49 C.F.R. 393.93 and adjusted in accordance with the vehicle manufacturer's instructions.

(RR) "Vehicle" has the same meaning as in section 4511.01 of the Revised Code.

Sec. 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. 5119.171. The department of behavioral health shall establish and administer a statewide program to prevent youth use of cannabis. The program shall do the following:

(A) Use a harm reduction approach;

(B) Include practices aimed at the prevention or reduction of substance use, substance abuse, substance dependence, and substance use disorders;

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.

(O) The department of public safety shall assist the department of commerce in enforcing Chapter 3779. of the Revised Code as provided in that chapter.

Sec. 5502.13. The department of public safety shall maintain an investigative unit in order to conduct investigations and other enforcement activity authorized by Chapters 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, 3779.03, and 4507.30 of the Revised Code. The director of public safety shall appoint the employees of the unit who are necessary, designate the activities to be performed by those employees, and prescribe their titles and duties.

Sec. 5502.14. (A) As used in this section, "felony" has the same meaning as in section 109.511 of the Revised Code.

(B)(1) Any person who is employed by the department of public safety and designated by the director of public safety to enforce Title XLIII of the Revised Code, and the rules adopted under it, Chapter 3779. of the Revised Code and the rules adopted under that chapter, Chapter 3796. of the Revised Code and the rules adopted under that chapter, and the laws and rules regulating the use of supplemental nutrition assistance program benefits shall be known as an enforcement agent. The employment by the department of public safety and the designation by the director of public safety of a person as an enforcement agent shall be subject to division (D) of this section. An enforcement agent has the authority vested in peace officers pursuant to section 2935.03 of the Revised Code to keep the peace, to enforce all of the following:

(a) All applicable laws and rules on any retail liquor permit premises, or on any other premises of public or private property, where a violation of Title XLIII of the Revised Code or any rule adopted under it is occurring~~, and to enforce all~~ ;

(b) All applicable laws and rules on persons and premises licensed under Chapter 3796. of the Revised Code and on any other public or private property where a violation of Chapter 3796. or any rule adopted under that chapter is occurring;

(c) All laws and rules governing the use of supplemental nutrition assistance program benefits, women, infants, and children's coupons, electronically transferred benefits, or any other access device that is used alone or in conjunction with another access device to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds, pursuant to the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or any supplemental food program administered by any department of this state pursuant to the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786. Enforcement agents, in enforcing compliance with the laws and rules described in this division, may keep the peace and make arrests for violations of those laws and rules.

(2) In addition to the authority conferred by division (B)(1) of this section, an enforcement agent also may execute search warrants and seize and take into custody any contraband, as defined 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. 5703.052. (A) There is hereby created in the state treasury the tax refund fund, from which refunds shall be paid for amounts illegally or erroneously assessed or collected, or for any other reason overpaid, with respect to taxes levied by Chapter 3779., 3796., 4301., 4305., 5726., 5728., 5729., 5731., 5733., 5735., 5736., 5739., 5741., 5743., 5747., 5748., 5749., 5751., or 5753. and sections 3737.71, 3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811 of the Revised Code. Refunds for fees levied under sections 3734.90 to 3734.9014 of the Revised Code, wireless 9-1-1 charges imposed under section 128.40 of the Revised Code, next generation 9-1-1 access fees imposed under sections 128.41 and 128.42 of the Revised Code, or any penalties assessed with respect to such fees or charges, that are illegally or erroneously assessed or collected, or for any other reason overpaid, also shall be paid from the fund. Refunds for amounts illegally or erroneously assessed or collected by the tax commissioner, or for any other reason overpaid, that are due under section 1509.50 of the Revised Code shall be paid from the fund. Refunds for amounts illegally or erroneously assessed or collected by the commissioner, or for any other reason overpaid to the commissioner, under sections 718.80 to 718.95 of the Revised Code shall be paid from the fund. However, refunds for amounts illegally or erroneously assessed or collected by the commissioner, or for any other reason overpaid to the commissioner, with respect to taxes levied under section 5739.101 of the Revised Code shall not be paid from the tax refund fund, but shall be paid as provided in section 5739.104 of the Revised Code.

(B)(1) Upon certification by the tax commissioner to the treasurer of state of a tax refund, a wireless 9-1-1 charge refund, a next generation 9-1-1 access fee refund, or another amount refunded, or by the superintendent of insurance of a domestic or foreign insurance tax refund, the treasurer of state shall place the amount certified to the credit of the fund. The certified amount transferred shall be derived from the receipts of the same tax, fee, wireless 9-1-1 charge, next generation 9-1-1 access fee, or other amount from which the refund arose.

(2) When a refund is for a tax, fee, wireless 9-1-1 charge, next generation 9-1-1 access fee, or other amount that is not levied by the state or that was illegally or erroneously distributed to a taxing jurisdiction, the tax commissioner shall recover the amount of that refund from the next distribution of that tax, fee, wireless 9-1-1 charge, next generation 9-1-1 access fee, or other amount that otherwise would be made to the taxing jurisdiction. If the amount to be recovered would exceed twenty-five per cent of the next distribution of that tax, fee, wireless 9-1-1 charge, next generation 9-1-1 access fee, or other amount, the commissioner may spread the recovery over more than one future distribution, taking into account the amount to be recovered and the amount of the anticipated future distributions. In no event may the commissioner spread the recovery over a period to exceed seventy-two months.

Sec. 5703.053. As used in this section, "postal service" means the United States postal service.

An application to the tax commissioner for a tax refund under section 3779.43, 4307.05, 4307.07, 718.91, 5726.30, 5727.28, 5727.91, 5728.061, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142, 5736.08, 5739.07, 5741.10, 5743.05, 5743.53, 5745.11, 5749.08, or 5751.08 of the Revised Code or division (B) of section 5703.05 of the Revised Code, or a fee refunded under section 3734.905 of the Revised Code, that is received after the last day for filing under such section shall be considered to have been filed in a timely manner if:

(A) The application is delivered by the postal service and the earliest postal service postmark on the cover in which the application is enclosed is not later than the last day for filing the application;

(B) The application is delivered by the postal service, the only postmark on the cover in which the application is enclosed was affixed by a private postal meter, the date of that postmark is not later than the last day for filing the application, and the application is received within seven days of such last day; or

(C) The application is delivered by the postal service, no postmark date was affixed to the cover in which the application is enclosed or the date of the postmark so affixed is not legible, and the application is received within seven days of the last day for making the application.

Sec. 5703.19. (A) To carry out the purposes of the laws that the tax commissioner is required to administer, the commissioner or any person employed by the commissioner for that purpose, upon demand, may inspect books, accounts, records, and memoranda of any person or public utility subject to those laws, and may examine under oath any officer, agent, or employee of that person or public utility. If such books, accounts, records, or memoranda are kept electronically or available in an electronic format, the person or public utility shall provide such records to the commissioner electronically or in an electronic format at the commissioner's request. Any person other than the commissioner who makes a demand pursuant to this section shall produce the person's authority to make the inspection.

(B) If a person or public utility receives at least ten days' written notice of a demand made under division (A) of this section and refuses to comply with that demand, a penalty of five hundred dollars shall be imposed upon the person or public utility for each day the person or public utility refuses to comply with the demand. Penalties imposed under this division may be assessed and collected in the same manner as assessments made under Chapter 3769., 4305., 5727., 5728., 5733., 5735., 5736., 5739., 5743., 5745., 5747., 5749., 5751., or 5753., ~~or sections~~ section 718.90, or 3779.44, or sections 3734.90 to 3734.9014, of the Revised Code.

Sec. 5703.263. (A)(1) "Tax return preparer" means any person other than an accountant or an attorney that operates a business that prepares, or directly or indirectly employs another person to prepare, for a taxpayer a tax return or application for refund in exchange for compensation or remuneration from the taxpayer or the taxpayer's related member. The preparation of a substantial portion of a tax return or application for refund shall be considered to be the same as the preparation of the return or application for refund. "Tax return preparer" does not include an individual who performs only one or more of the following activities:

(a) Furnishes typing, reproducing, or other mechanical assistance;

(b) Prepares an application for refund or a return on behalf of an employer by whom the individual is regularly and continuously employed, or on behalf of an officer or employee of that employer;

(d) Prepares an application for refund or a return for a taxpayer in response to a notice of deficiency issued to the taxpayer or the taxpayer's related member, or in response to a waiver of restriction after the commencement of an audit of the taxpayer or the taxpayer's related member.

(2) "Related member" has the same meaning as in section 5733.042 of the Revised Code.

(3) "Accountant" means any of the following:

(a) An individual who holds both a CPA certificate and an Ohio permit or Ohio registration issued by the accountancy board under section 4701.10 of the Revised Code;

(b) An individual who holds a foreign certificate;

(c) An individual who is employed by a public accounting firm with respect to any return prepared under the supervision of an individual described in division (A)(3)(a) or (b) of this section, regardless of whether the public accounting firm is required to register with the accountancy board under section 4701.04 of the Revised Code.

(4) "CPA certificate" and "foreign certificate" have the same meanings as in section 4701.01 of the Revised Code.

(5) "Attorney" means an individual who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules, is permitted to practice as an attorney and counselor at law in this state under Chapter 4705. of the Revised Code, and is not currently suspended or removed from such practice under that chapter.

(6) A tax return preparer engages in "prohibited conduct" if the preparer does any of the following:

(a) Prepares any return or application for refund that includes an understatement of a taxpayer's tax liability due to an unreasonable position or due to willful or reckless conduct. For the purposes of this division, "unreasonable position" and "willful or reckless conduct" have the meanings as used in section 6694 of the Internal Revenue Code.

(b) When required under any provision of Title LVII of the Revised Code, the preparer fails to do any of the following:

(i) Provide copies of a return or application for refund;

(ii) Provide the preparer's signature or federal preparer tax identification number on a return or application for refund;

(iii) Retain copies of the preparer's records;

(iv) Provide any information or documents requested by the tax commissioner;

(v) Act diligently in determining a taxpayer's eligibility for tax credits, deductions, or exemptions.

(c) Negotiates a check or other negotiable instrument issued to a taxpayer by the department of taxation without the permission of the taxpayer;

(d) Engages in any conduct subject to criminal penalties under Title LVII of the Revised Code;

(e) Misrepresents the preparer's eligibility to file returns or applications for refund on behalf of taxpayers, or otherwise misrepresents the preparer's experience or education;

(f) Guarantees the payment of any tax refund or the allowance of any tax credit, deduction, or exemption;

(g) Engages in any other fraudulent or deceptive conduct that substantially interferes with the proper administration of any provision of Title LVII of the Revised Code.

(7) "State" means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico, or any territory or possession of the United States.

(B) When a tax return preparer engages in prohibited conduct, the commissioner, may do either or both of the following:

(1) If the commissioner has previously warned the tax return preparer in writing of the consequences of continuing to engage in prohibited conduct, impose a penalty not exceeding one hundred dollars per instance of prohibited conduct;

(2) Regardless of whether the commissioner has previously warned the tax return preparer, request that the attorney general apply to a court of competent jurisdiction for an injunction to restrain the preparer from further engaging in the prohibited conduct. The court may take either of the following actions:

(a) If the court finds that injunctive relief is appropriate to prevent the recurrence of the prohibited conduct, the court shall issue an injunction against the preparer enjoining the preparer from engaging in such conduct.

(b) If the court finds that the preparer has continually or repeatedly engaged in prohibited conduct, and that enjoining the preparer solely from engaging in such conduct would not be sufficient to prevent the preparer's interference with the proper administration of any provision of Title LVII of the Revised Code, the court may issue an injunction against the preparer enjoining the preparer from acting as a tax return preparer in this state.

If a tax return preparer has been enjoined from preparing tax returns or applications for refunds by a federal court or by another state court in the five years preceding the date on which an injunction is requested under this section, that prior injunction shall be sufficient to establish a prima facie case for the issuance of an injunction under division (B)(2) of this section.

(C) The commissioner may require a tax return preparer to include the preparer's name and federal preparer tax identification number when filing any return or application for refund. If a tax return preparer fails to include this information when required to do so by the commissioner, or if the information provided is false, inaccurate, or incomplete, the commissioner may impose a penalty of fifty dollars for each such failure, provided that the maximum penalty imposed on a preparer under this division in a calendar year shall not exceed twenty-five thousand dollars.

(D) The penalties imposed under divisions (B)(1) and (C) of this section may be assessed and collected in the same manner as assessments made under Chapter 3769., 4305., 5727., 5728., 5733., 5735., 5736., 5739., 5743., 5745., 5747., 5749., 5751., or 5753., section 718.90 or 3779.44, or sections 3734.90 to 3734.9014 of the Revised Code. The commissioner may abate all or a portion of any penalty imposed under this section upon the showing of good cause by the tax return preparer.

Sec. 5703.50. As used in sections 5703.50 to 5703.53 of the Revised Code:

(A) "Tax" includes only those taxes imposed on tangible personal property listed in accordance with Chapter 5711. of the Revised Code, taxes imposed under Chapters 3779., 5733., 5736., 5739., 5741., 5747., and 5751. of the Revised Code, and the tax administered under sections 718.80 to 718.95 of the Revised Code.

(B) "Taxpayer" means a person subject to or potentially subject to a tax including an employer required to deduct and withhold any amount under section 5747.06 of the Revised Code.

(C) "Audit" means the examination of a taxpayer or the inspection of the books, records, memoranda, or accounts of a taxpayer for the purpose of determining liability for a tax.

(D) "Assessment" means a notice of underpayment or nonpayment of a tax issued pursuant to section 718.90, 3779.44, 5711.26, 5711.32, 5733.11, 5736.09, 5739.13, 5741.11, 5741.13, 5747.13, or 5751.09 of the Revised Code.

(E) "County auditor" means the auditor of the county in which the tangible personal property subject to a tax is located.

Sec. 5703.70. (A) On the filing of an application for refund under section 718.91, 3734.905, 3779.43, 4307.05, 4307.07, 5726.30, 5727.28, 5727.91, 5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142, 5735.18, 5736.08, 5739.07, 5739.104, 5741.10, 5743.05, 5743.53, 5747.11, 5749.08, 5751.08, or 5753.06 of the Revised Code, or an application for compensation under section 5739.061 of the Revised Code, if the tax commissioner determines that the amount of the refund or compensation to which the applicant is entitled is less than the amount claimed in the application, the commissioner shall give the applicant written notice electronically or by ordinary mail of the amount. If sent by ordinary mail, the notice shall be sent to the address shown on the application unless the applicant notifies the commissioner of a different address. If sent electronically, the notice shall be sent to the person or the person's authorized representative through secure electronic means associated with the person's or representative's last known electronic mail address, but only with the person's consent. The applicant shall have sixty days from the date the commissioner electronically sends or mails the notice to provide additional information to the commissioner or request a hearing, or both.

(B) If the applicant neither requests a hearing nor provides additional information to the tax commissioner within the time prescribed by division (A) of this section, the commissioner shall take no further action, and the refund or compensation amount denied becomes final.

(C)(1) If the applicant requests a hearing within the time prescribed by division (A) of this section, the tax commissioner shall assign a time and place for the hearing and notify the applicant of such time and place, but the commissioner may continue the hearing from time to time, as necessary. After the hearing, the commissioner may make such adjustments to the refund or compensation as the commissioner finds proper, and shall issue a final determination thereon.

(2) If the applicant does not request a hearing, but provides additional information, within the time prescribed by division (A) of this section, the commissioner shall review the information, make such adjustments to the refund or compensation as the commissioner finds proper, and issue a final determination thereon. The commissioner may review such information and make such adjustments as many times as the commissioner finds proper before the issuance of a final determination.

(3) If the applicant requests a hearing and provides additional information within the time prescribed by division (A) of this section, the commissioner may review the information and make such adjustments to the refund or compensation as the commissioner finds proper. The commissioner may review such information and make such adjustments as many times as the commissioner finds proper before the issuance of a final determination.

The commissioner shall assign a time and place for the hearing and notify the applicant of such time and place, but the commissioner may continue the hearing from time to time, as necessary. After the hearing, the commissioner may make any additional adjustments to the refund or compensation as the commissioner finds proper and shall issue a final determination thereon.

(4) The commissioner shall serve a copy of the final determination made under division (C)(1), (2), or (3) of this section on the applicant in the manner provided in section 5703.37 of the Revised Code, and the decision is final, subject to appeal under section 5717.02 of the Revised Code.

(D) The tax commissioner shall certify to the director of budget and management and treasurer of state for payment from the tax refund fund created by section 5703.052 of the Revised Code, the amount of the refund to be refunded under division (B) or (C) of this section. The commissioner also shall certify to the director and treasurer of state for payment from the general revenue fund the amount of compensation to be paid under division (B) or (C) of this section.

Sec. 5703.77. (A) As used in this section:

(1) "Taxpayer" means a person subject to or previously subject to a tax or fee, a person that remits a tax or fee, or a person required to or previously required to withhold or collect and remit a tax or fee on behalf of another person.

(2) "Tax or fee" means a tax or fee administered by the tax commissioner.

(3) "Credit account balance" means the amount that a taxpayer remits to the state in excess of the amount required to be remitted, after accounting for factors applicable to the taxpayer such as accelerated payments, estimated payments, tax credits, and tax credit balances that may be carried forward.

(4) "Tax debt" means an unpaid tax or fee or any unpaid penalty, interest, or additional charge on such a tax or fee due the state.

(B) As soon as practicable, but not later than sixty days before the expiration of the period of time during which a taxpayer may file a refund application for a tax or fee, the tax commissioner shall review the taxpayer's accounts for the tax or fee and notify the taxpayer of any credit account balance for which the commissioner is required to issue a refund if the taxpayer were to file a refund application for that balance, regardless of whether the taxpayer files a refund application or amended return with respect to that tax or fee. The notice shall be made using contact information for the taxpayer on file with the commissioner.

(C) Notwithstanding sections 128.47, 718.91, 3734.905, 3779.43, 4307.05, 5726.30, 5727.28, 5727.42, 5727.91, 5728.061, 5735.122, 5736.08, 5739.07, 5739.104, 5741.10, 5743.05, 5743.53, 5747.11, 5749.08, 5751.08, 5753.06, and any other section of the Revised Code governing refunds, the commissioner may apply the amount of any credit account balance for which the commissioner is required to issue a refund if the taxpayer were to file a refund application for that balance as a credit against the taxpayer's liability for the tax or fee in the taxpayer's next reporting period for that tax or fee or issue a refund of that credit account balance to the taxpayer, subject to division (D) of this section.

(D) Before issuing a refund to a taxpayer under division (C) of this section, the tax commissioner shall withhold from that refund the amount of any of the taxpayer's tax debt certified to the attorney general under section 131.02 of the Revised Code and the amount of the taxpayer's liability, if any, for a tax debt. The commissioner shall apply any amount withheld first in satisfaction of the amount of the taxpayer's certified tax debt and then in satisfaction of the taxpayer's liability. If the credit account balance originates from the tax administered under sections 718.80 to 718.95 of the Revised Code, it may be applied only against the taxpayer's certified tax debt or tax liability due under those sections.

(E) The tax commissioner may adopt rules to administer this section.

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. 5743.45. (A) As used in this section, "felony" has the same meaning as in section 109.511 of the Revised Code.

(B) For purposes of enforcing this chapter and Chapters 3779., 5728., 5735., 5739., 5741., and 5747. of the Revised Code and subject to division (C) of this section, the tax commissioner, by journal entry, may delegate any investigation powers of the commissioner to an employee of the department of taxation who has been certified by the Ohio peace officer training commission and who is engaged in the enforcement of those chapters. A separate journal entry shall be entered for each employee to whom that power is delegated. Each journal entry shall be a matter of public record and shall be maintained in an administrative portion of the journal as provided for in division (L) of section 5703.05 of the Revised Code. When that journal entry is completed, the employee to whom it pertains, while engaged within the scope of the employee's duties in enforcing the provisions of this chapter or Chapter 3779., 5728., 5735., 5739., 5741., or 5747. of the Revised Code, has the power of a police officer to carry concealed weapons, make arrests, and obtain warrants for violations of any provision in those chapters. The commissioner, at any time, may suspend or revoke the commissioner's delegation by journal entry. No employee of the department shall divulge any information acquired as a result of an investigation pursuant to this chapter or Chapter 3779., 5728., 5735., 5739., 5741., or 5747. of the Revised Code, except as may be required by the commissioner or a court.

(C)(1) The tax commissioner shall not delegate any investigation powers to an employee of the department of taxation pursuant to division (B) of this section on a permanent basis, on a temporary basis, for a probationary term, or on other than a permanent basis if the employee previously has been convicted of or has pleaded guilty to a felony.

(2)(a) The tax commissioner shall revoke the delegation of investigation powers to an employee to whom the delegation was made pursuant to division (B) of this section if that employee 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 employee agrees to surrender the certificate awarded to that employee under section 109.77 of the Revised Code.

(b) The tax commissioner shall suspend the delegation of investigation powers to an employee to whom the delegation was made pursuant to division (B) of this section if that employee is convicted, after trial, of a felony. If the employee files an appeal from that conviction and the conviction is upheld by the highest court to which the appeal is taken or if the employee does not file a timely appeal, the commissioner shall revoke the delegation of investigation powers to that employee. If the employee files an appeal that results in that employee's acquittal of the felony or conviction of a misdemeanor, or in the dismissal of the felony charge against that employee, the commissioner shall reinstate the delegation of investigation powers to that employee. The suspension, revocation, and reinstatement of the delegation of investigation powers to an employee under division (C)(2) of this section shall be made by journal entry pursuant to division (B) of this section. An employee to whom the delegation of investigation powers is reinstated under division (C)(2)(b) of this section shall not receive any back pay for the exercise of those investigation powers unless that employee's conviction of the felony was reversed on appeal, or the felony charge was dismissed, because the court found insufficient evidence to convict the employee of the felony.

(3) Division (C) of this section does not apply regarding an offense that was committed prior to January 1, 1997.

(4) The suspension or revocation of the delegation of investigation powers to an employee under division (C)(2) of this section shall be in accordance with Chapter 119. of the Revised Code.

Section 2. That existing sections 9.79, 109.572, 131.02, 519.21, 715.013, 928.01, 928.03, 3376.07, 3780.37, 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, 4506.01, 4735.18, 4796.25, 5502.01, 5502.13, 5502.14, 5703.052, 5703.053, 5703.19, 5703.263, 5703.50, 5703.70, 5703.77, 5713.30, and 5743.45 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, 3780.20, 3780.21, 3780.22, 3780.24, 3780.25, 3780.26, 3780.27, 3780.28, 3780.29, 3780.30, 3780.31, 3780.32, 3780.33, 3780.34, 3780.35, 3780.36, 3780.90, 3780.99, and 3796.021 of the Revised Code are hereby repealed.

Section 4. The tax levied under division (B) of section 3779.40 of the Revised Code applies to intoxicating hemp receipts received on and after July 1, 2026. The tax levied under division (C) of section 3779.40 of the Revised Code applies to sales of drinkable cannabinoid products occurring on and after July 1, 2026.

Section 5. (A) All rules adopted by the Division of Cannabis Control or the Tax Commissioner pursuant to Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this section, and that are not in conflict with the requirements of this act, continue in effect until repealed or amended by the Division of Marijuana Control or the Tax Commissioner, respectively. At the request of the Division of Cannabis Control or the Tax Commissioner, the Director of the Legislative Service Commission shall renumber rules adopted under Chapter 3780. of the Revised 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 6. If any provision of a section of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section or related sections that can be given effect without the invalid provision or application, and to this end the provisions are severable.

Section 7. Section 519.21 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 523 and S.B. 75 of the 131st General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.

Section 8. All items in this act are hereby appropriated as designated out of any moneys in the state treasury to the credit of the designated fund. For all operating appropriations made in this act, those in the first column are for fiscal year 2026 and those in the second column are for fiscal year 2027. The operating appropriations made in this act are in addition to any other operating appropriations made for these fiscal years.

Section 9.

	1	2	3	4	5
A	RDF STATE REVENUE DISTRIBUTIONS
B	Revenue Distribution Fund Group
C	7106	110659	Host Community Cannabis Payments	$47,500,000	$49,000,000
D	Revenue Distribution Fund Group Total			$47,500,000	$49,000,000
E	TOTAL ALL BUDGET FUND GROUPS			$47,500,000	$49,000,000

HOST COMMUNITY CANNABIS PAYMENTS

The foregoing appropriation item 110659, Host Community Cannabis Payments, shall be used by the Director of Budget and Management for payments to municipal corporations and townships as required under section 3796.40 of the Revised Code. If it is determined that additional appropriations are necessary for this purpose, such amounts are hereby appropriated.

Section 10. Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for each appropriation made in this act, and shall determine the manner in which appropriation accounts shall be maintained. Expenditures from operating appropriations contained in this act shall be accounted for as though made in, and are subject to all applicable provisions of, H.B. 96 of the 136th General Assembly.