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RENEA MURNAHAN-TURNER
Plaintiff,
Vv.
STATE OF OHIO BOARD OF
PHARMACY
Defendant
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
Case No. 18 CV 003043
Judge Holbrook
MOTION FOR JUDGMENT ON THE PLEADINGS
Defendant State of Ohio Board of Pharmacy (“the Board”) asks this Court to grant
judgment against Plaintiff Renea Murnahan-Turner pursuant to Civ. R. 12(C). A memorandum
in support is attached
Respectfully submitted,
MICHAEL DEWINE (0009181)
Ohio Attorney General
/s HENRY APPEL
HENRY APPEL (0068479)
YVONNE TERTEL (0019033)
Principal Assistant Attorneys General
Health & Human Services Section
30 East Broad Street, 26th Floor
Columbus, Ohio 43215
Phone: (614) 466-8600
Fax: (866) 441-4738
Henry.Appel@ohioattorneygeneral.gov
Yvonne. Tertel@ohioattorneygeneral.gov
Counsel for State of Ohio Board of PharmacyFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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MEMORANDUM IN SUPPORT
I. Introduction
Renea Murnahan-Turner has asked this Court to “stop the rules, eligibility scoring
process and Releasing preliminary list for Dispensaries Medical Marijuana Licenses.”
The main basis for this request is that Ms. Murnahan-Turner disagrees with many of the
policy decisions made by the General Assembly in House Bill 523. (A copy of the house bill is
attached.) According to Ms. Murnahan-Turner, the medical marijuana program should have
been overseen by the Ohio Liquor Control Commission and the Ohio Department of Health. But
this Court cannot overturn or block a law simply because of policy disagreements. Ms
Murnahan-Tumer has not made any constitutional challenges to House Bill 523
Even if Ms. Murnahan-Turner had cited to any statutory provision to challenge House
Bill 523, there are several other insurmountable hurdles
As a starting point, Ms. Murnahan-Turner does not have standing to challenge the
Board’s handling of provisional dispensary licenses because she did not apply for one. This
Court should dismiss this case on this basis alone.
Most of the provisions that she cites in her complaint do not apply to the Board — they
apply to the Ohio Department of Commerce. Even so, she repeatedly either misstates or
misunderstands the law.
IL. Legal Standards
A. Motion for Judgment on the Pleadings
Civ. R. 12(C) provides that, "[a]fter the pleadings are closed but within such time as not
to delay the trial, any party may move for judgment on the pleadings." In reviewing a motion for
judgment on the pleadings, a court must construe all material allegations in the complaint, as
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well as any reasonable inferences drawn from those allegations, as true and in favor of the
nonmoving party. Franks v. Ohio Dept. of Rehab. & Corr., 195 Ohio App.3d 114, 2011-Ohio-
2048, § 5 (10th Dist.). A motion for judgment on the pleadings tests the allegations of the
complaint and presents questions of law. /d. A court may grant a motion for judgment on the
pleadings only if no disputes of material fact exist and the pleadings demonstrate that the moving
party is entitled to judgment as a matter of law. Coffman v. Ohio State Adult Parole Bd., 2013-
Ohio-109 (10" Dist. 2013).
B. Permanent Injunction
A permanent injunction provides equitable relief upon a showing of immediate and
irreparable injury to the complaining party and the lack of an adequate remedy at law. In
determining whether to grant such an injunction, a court must engage in "a balancing process
designed to weigh the equities between the parties." O'Brien v. Phillips, 2015-Ohio-3901, 43
N.E.3d 1, § 46 (10th Dist.) (quoting Franklin Cty. Dist. Bd. of Health v. Paxson, 152 Ohio
App.3d 193, 2003-Ohio-1331, 9 25 (10th Dist.))
"A party seeking a permanent injunction 'must demonstrate by clear and convincing
evidence that they are entitled to relief under applicable statutory law, that an injunction is
mn
necessary to prevent irreparable harm, and that no adequate remedy at law exists." Electronic
Classroom of Tomorrow vy. Ohio Dept. of Edn., 2017-Ohio-5607, § 33 (10th Dist.) (quoting
McDowell v. Gahanna, 2009-Ohio-6768, J 9 coe Dist.))
TH. = Medical Marijuana in Ohio
A. The Ohio Medical Marijuana Control Program
On June 8, 2016, Governor John Kasich signed H.B. 523, creating the Medical Marijuana
Control Program, and legalizing medical marijuana in the State of Ohio. The law went into effectFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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on September 8, 2016 and was codified in R.C. Chapter 3796 and accompanying administrative
rules. The law authorizes registered patients suffering from qualifying medical conditions (such
as AIDS, cancer, sickle cell anemia, and traumatic brain injury) to purchase and use medical
marijuana after receiving a recommendation from a certified physician. R.C. 3796.08, R.C
3796.22, and R.C. 3796.01(A)(6). The program must be fully operational by September 8, 2018.
See H.B. 523, Section 3
The law provides for the cultivation, processing, testing, and dispensing of medical
marijuana. See R.C. 3796,18-.21. All of these activities are tightly regulated through the Medical
Marijuana Control Program. R.C. 3796.02. Responsibility for the administration of the Medical
Marijuana Control Program is divided between Commerce, the Board and the State Medical
Board of Ohio (“the Medical Board”). Id. Commerce licenses medical marijuana cultivators,
processors, and testing laboratories. Id. The Board licenses retail dispensaries and registers
patients and caregivers. Id. Physicians who wish to recommend marijuana to patients must
obtain a certificate from the Medical Board. R.C. 4731.30. The law vests the Department, the
Board and the Medical Board with broad authority to establish rules and standards for licensure.
R.C. 3796.03 (Commerce), R.C. 3796.04 (the Board), R.C. 4731.301 (the Medical Board).
H.B. 523 also established the Medical Marijuana Advisory Committee (as part of the
Board) to “develop and submit to the department of commerce, the state board of pharmacy, and
the state medical board any recommendations related to the medical marijuana control program
and the implementation and enforcement of Chapter 3796. of the Revised Code.” R.C
3976,02(G).
B. The Process to Apply To Operate a Dispensary.
Under R.C. 3796.04(B)(3) and R.C. 3796.05(B), the Board was tasked with “establishingFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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the number of retail dispensary licenses that will be permitted at any one time[.]” The Board has
concluded that it “may issue up to sixty dispensary provisional licenses” before September 8,
2018. Ohio Adm. Code 3796:6-2-05(A). After this date, the Board can determine if additional
licenses are necessary. Ohio Adm. Code 3796:6-2-05(B) and (C). The sixty potential
dispensaries are disbursed among 31 districts across Ohio. Depending on the population of the
district, there were between one and five dispensaries per district. Some districts with large
metropolitan regions (Cuyahoga, Franklin, Hamilton, Lucas, Montgomery and Summit) had only
one county in the district.
Applicants who wished to operate a marijuana dispensary had to apply online with the
Board. The application window was open from November 3 through November 17, 2017
Applicants were required to submit separate applications for each location that they were
seeking. The Board received 369 applications during this window. Some would-be applicants
claimed that difficulties with the Board’s online system caused them to be unable to upload all
required documents. Some of these applicants had submitted enough materials that they were
able to pay the $5,000 application fees (and were included in the original 369 number), while
others had not. To minimize the risk that an applicant would be unfairly penalized due to
computer problems beyond their control, the Board reopened the application window for 48
hours between 8 a.m. on December 18 and 8 a.m. on December 20, 2017. 308 applicants took
the opportunity to update (or at least proofread) their previously filed applications. The Board
received the $5,000 application fee for seven new applications, raising the total number of
applications to 376.
The number of applications in a district ranged from 69 applicants (in the district that
encompasses Franklin County) to zero applicants (in two districts that encompassed Miami,Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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Shelby, Logan, Mercer, Van Wert and Paulding Counties).
The Board used a competitive application process. See Ohio Adm. Code 3796:6-2-
01(B)(1) (scoring process). The Board also determined whether an application is ineligible for a
provisional license due to a statutory or administrative provision (for example, a proposed
dispensary is within 500 feet of a school). R.C. 3796.10(B). The Board is required to award at
least 15% of provisional dispensary licenses to economically disadvantaged applicants. R.C
3796.10(C).
On June 4, 2018, the Board announced the entities that had obtained licenses to operate
provisional medical marijuana dispensaries. The Board awarded 56 licenses. As noted above,
there were two districts with no applicants. Another district had only one applicant whom the
Board concluded was not viable.
Any applicant denied a license will have the opportunity to request a hearing pursuant to
R.C. Chapter 119.
Each applicant who received a provisional license will have 180 days to pass final
inspection in accordance with Ohio Adm. Code 3796:6-2-06 and to “commence[] operations.”
Ohio Adm. Code 3796:6-2-04(J). The Board may rescind a provisional license if the dispensary
does not pass final inspection and open within this time frame. /d.
IV. Plaintiff Lacks Standing.
The issue of standing is a preliminary inquiry in all legal claims. “The question of
standing is whether a litigant is entitled to have a court determine the merits of the issues
presented.” Ohio Contrs. Assn. v. Bicking, 71 Ohio St.3d 318, 320, 1994-Ohio-183. Standing
does not consider the merits of the plaintiff's claim but instead focuses on "whether the plaintiffs
have alleged such a personal stake in the outcome of the controversy that they are entitled to
have a court hear their case." ProgressOhio.org, Inc. v. JobsOhio, 139 Ohio St.3d 520, 2014-
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Ohio-2382, 47
“Standing exists only when (1) the complaining party has suffered or has been threatened
with direct and concrete injury in a manner or degree different from that suffered by the public in
general, (2) the law in question caused the injury, and (3) the relief requested will redress the
injury.” Beaver Excavating Co. v. Testa, 134 Ohio St.3d 565, 2012-Ohio-5776, § 8.
Ms. Murnahan-Turner has not alleged sufficient facts to meet any of the three prongs.
No Direct and Concrete Injury. Ms. Murnahan-Turner freely acknowledges that she
began, but chose not to finish, the application process to obtain a provisional medical marijuana
dispensary license.
It is unclear if Ms. Murnahan-Tumer is alleging that she was applying for a license for
herself or for Cannabis for Cures, LLC. Regardless, either way, Ms. Murnahan-Turner has not
alleged that she has suffered a direct and concrete injury that is different from the public in
general because she did not complete the application.'
Ms. Murnahan-Turner is in exactly the same position as any other person or business who
did not submit an application to the Board to obtain a license to operate a medical marijuana
dispensary. As a result, she has not alleged any direct or concrete injury that is different than
that suffered by the general public.
The Law in Question Did Not Cause Any Injury. Ms. Murnahan-Turner alleges that
various portions of House Bill 523 will have bad consequences — specifically, it will require
“Billions of dollars in damage control.”
Ms. Murnahan-Turner has not alleged facts that demonstrate “a realistic danger arising
from the challenged action.” Hamilton v. Ohio Dept. of Health, 2015-Ohio-4041, 4 19 (10th
1 Tf Ms. Murnahan-Turner is claiming injury because Cannabis for Cures, LLC. was unable to submit an application,
she is not the real party in interest. Cannabis for Cures is. Ms. Murnahan-Turner does not have standing to raise
claims for Cannabis for Cures.Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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Dist.). When, as here, there is an allegation of potential future injury, a “speculative chain of
possibilities” is not sufficient to show that the injury is “certainly impending.” /d. (quoting
Clapper v. Amnesty Internl. USA, 568 U.S. 398, 414 (2013)). Ms. Murnahan-Turner’s summary
claim that there will be “Billions of dollars in damage control” is purely speculative.
The Relief Will Not Redress The Injury. Ms. Murnahan-Turner’s proposed remedy —
“to stop the rules, regulations, eligibility scoring process and Releasing preliminary list of
Dispensaries Medical Marijuana Licenses” — will not redress the supposed injuries that she
identifies.
For example, Ms. Murnahan-Turner claims that the Board is discriminating against
“Women by eliminating them from the economically disadvantaged groups.” Complaint at 2.
Ms. Murnahan-Turner is also claiming that the Board is discriminating against “economically
disadvantaged groups.” /d. (As discussed below, Ms. Murnahan-Turner’s real complaint is with
policy decisions reflected in the statute — such as women not being deemed an economically
disadvantaged group — rather than actions taken by the Board.) The proposed remedy would be
to stop the Board from implementing its administrative rules or to award anyone a license. This
would not he/p anyone who was supposedly discriminated against because it would stop anyone
from getting a provisional license to operate a Medical Marijuana Dispensary, including women
and minorities who applied for a license.
Vv. This Court Cannot Reverse Based Solely on Disagreements Over Policy.
“{Q]uestions concerning the wisdom of legislation are for the legislature.” State v.
Blankenship, 145 Ohio St.3d 221, 2015-Ohio-4624, | 37. The “General Assembly is ‘'the
ultimate arbiter of public policy’ and the only branch of government charged with fulfilling that
role.” Jd. (quoting Arbino v. Johnson & Johnson, 116 Ohio St.3d 468, 2007-Ohio-6948, 21).
“Tt is not the role of the courts ‘to establish legislative policies or to second-guess the
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General Assembly's policy choices. [T]he General Assembly is responsible for weighing [policy]
concerns and making policy decisions; we are charged with evaluating the constitutionality of
their choices.’" Stetter v. R.J. Corman Derailment Srvcs., LLC., 125 Ohio St.3d 280, 2010-Ohio-
1029, 435 (quoting Groch v. Gen. Motors Corp., 117 Ohio St.3d 192, 2008 Ohio 546, 212)
(brackets in original).
In this case, Ms. Murnahan-Turner is really asking for this Court to overrule the will of
the General Assembly because Ms. Murnahan-Turner believes that the General Assembly could
have made better choices. Ms. Murnahan-Turner wishes that House Bill 523:
1, Did not permit pharmacists from owning a medical marijuana dispensary
2. Did not allow out-of-state entities from obtaining a medical marijuana dispensary
3 Included women in the definition of “economically disadvantaged group”
4 Provide funding to applicants who are a member of an “economically
disadvantaged group” but who do not have enough money to open a dispensary.
5 Required five years of residence to qualify as an economically disadvantaged
group.
6. Vacated convictions of those already convicted of marijuana offenses
7 Required all applicants to be residents of Ohio for five years.
8 Required a scoring system that did not give any bonuses for having actual
experience operating a medical marijuana business.
9 Appointed different people to the Medical Marijuana Advisory Committee.
The General Assembly has authority to make these policy decisions. If Ms. Murnahan-
Turner is unhappy with those policies, she is free to continue to contact the General Assembly to
have her wishes known.
But raising policy arguments alone without identifying any constitutional infirmity means
that she has not stated a claim for relief.
VI. The Complaint Repeatedly Misstates Ohio Law.
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A. This Complaint Challenges Provisions That Do Not Apply To The Board.
Read literally, many of Ms. Murnahan-Turner’s challenges to various provisions of
House Bill 523 that govern the Department of Commerce — not the Board.
On page 1, Ms. Murnahan-Turner references “House Bill 523 page 24 line item number
5.” That is a reference to a provision codified as R.C. 3796.09(B)(5). This provision, on its face,
applies to “the department” — meaning the department of commerce. R.C. 3796.02. R.C
3796.09 governs the licenses to cultivate, process or test marijuana, all of which are overseen by
the department of commerce, not the Board.
In two different places on page 2 of her complaint, Ms. Murnahan-Tumer cites to “Page
24 Section 6) subsection C.” That is a reference to R.C. 3796.09(C); which again, addresses the
department of commerce, not the Board.
Ms. Murnahan-Turner claims that the Board is improperly following those provisions fail
at the outset because, on their face, they do not apply to the Board at all.
B. The Board Did Not Err By “Accepting” Applications.
Many of Ms. Murnahan-Turner’s challenges are to the fact that the Board supposedly
“accepted dispensary applications” from people she believes should not be permitted to receive
licenses.
At the time that this complaint was filed, the Board had not yet announced who would
obtain a provisional license to operate a medical marijuana dispensary. So when Ms. Murnahan-
Turner is complaining about the Board “accepting” an application, she is literally meaning that
the Board should have sent the application back without scoring or otherwise reviewing it.
But this is not the way things work. If an applicant is categorically ineligible for a license
(i.e. the majority owner has a disqualifying conviction or the applicant has unpaid Ohio taxes),
the Board will “accept” the application. But that does not mean that the applicant is being
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awarded a license.
So Ms. Murnahan-Turner has not stated a claim for relief when insists that the Board
improperly “accepted” applications from applicants owned by pharmacists and out-of-state
applicants
Cc. R.C. Chapter 3796 Does Not Prohibit The Board’s Actions.
Ms. Murnahan-Turner makes many claims that the Board took some improper action.
However, many of those actions were mandated by statute or, at least, not forbidden
Permitting Pharmacists to Own Dispensaries. There is no provision in Ohio law which
prohibits pharmacists from owning a medical marijuana dispensary. Ms. Murnahan-Turner has
not identified any reason why the Board should not “accept” an application from an entity owned
by a pharmacist.
Applicants Do Not Have To Be Ohio Residents For Five Years. Ms. Murnahan-Turner
insists that R.C. 3796.09(B)(5) and 3796.11, when read together, mean that an applicant has to
be an Ohio resident for five years. Notably, neither provision has the words “resident” or “five
years.”
Women Are Not Listed As An Economically Disadvantaged Group. R.C. 3796.09(C)
requires the Department of Commerce to award at least 15% of “cultivator, processor, or
laboratory license” to entities controlled by an economically disadvantaged group. The statute
defines an “economically disadvantaged group” as “Blacks or African Americans. American
Indians. Hispanics or Latinos, and Asians.” There is no provision that requires (or even permits)
the Board to treat women as an economically disadvantaged group. The claim of improper
discrimination fails at the outset.
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R.C. 3796.09(C) Does Not Require The Board To Discriminate Against Economically
Disadvantaged Groups. Ms. Murnahan-Turner makes the curious argument that R.C
3796.09(C) requires the Board to discriminate against economically disadvantaged groups by
setting aside 15% of licenses for them. Aside from the fact that this statute governs the
Department of Commerce, the argument is fundamentally flawed. Ms. Murnahan-Turner
assumes that being a member of what has been statutorily defined as an “economically
disadvantaged group” will mean that there will be no individuals with enough resources to apply
and operate a dispensary. (In fact, there was not a shortage of applicants who met the definition
of being an economically disadvantaged group under R.C. 3796.10, and met all other statutory
and regulatory requirements to operate a dispensary.)
To make such an extraordinary argument would require the pleading of extraordinary
facts. Ms. Murnahan-Turner has fallen woefully short of doing so.
Economically Disadvantaged Groups Do Not Need Five Years of Residency.
According to Ms. Murnahan-Turner, an applicant seeking economically disadvantaged status
must have lived in Ohio for five years. This is just wrong. There is no statute or rule that sets
out a five-year requirement for residence for any applicant.
D. Ms. Murnahan-Turner Chose Not To Complete An Application.
According to Ms. Murnahan-Turner, she started applying online for a medical marijuana
dispensary but made the conscious decision not to proceed because she thought the Board would
not give her a license because she had already filed a lawsuit in Clark County against the Board.
It is unclear whether Ms. Murnahan-Turner is asserting a claim for relief based on her
decision not to complete an application to operate a medical marijuana dispensary or is merely
trying to show her involvement with the process to obtain standing to seek an injunction. (This
Court, in denying the Board’s motion to dismiss, has concluded that Ms. Murnahan-Turner’s
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claimed damages of $100 million are not a request for money damages.)
Regardless, these factual claims do not state a claim for relief because she has not alleged
that the Board did anything wrong. Ms. Murnahan-Turner alleged that she was worried that the
Board would take an action, but she had to allege that the Board did deny the application. She
did not.
Put another way, Ms. Murnahan-Turner’s assertion about her choice not to apply is not
ripe and will never be ripe because “it rests on contingent future events that may not occur as
anticipated or may never occur at all.” Meyer v. Chieffo, 193 Ohio App.3d 51, 2011-Ohio-1670,
ql7 qo” Dist) (quoting State v. Loving, 180 Ohio App.3d 424, 2009-Ohio-15, 94 qo” Dist.)).
VII. Conclusion
For the foregoing reasons, this Court should grant judgment on the pleadings and dismiss
this action.
Respectfully submitted,
MICHAEL DEWINE (0009181)
Ohio Attorney General
/s HENRY APPEL
HENRY APPEL (0068479)
YVONNE TERTEL (0019033)
Principal Assistant Attorneys General
Health & Human Services Section
30 East Broad Street, 26th Floor
Columbus, Ohio 43215
Phone (614) 466-8600
Fax: (866) 441-4738
Henry .Appel@ohioattorneygeneral.gov
Yvonne. Tertel@ohioattorneygeneral.gov
Counsel for State of Ohio Board of Pharmacy
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CERTIFICATE OF SERVICE
Pursuant to Civ.R. 5, I hereby certify that a copy of the foregoing Motion was served
upon the following via regular U.S. Mail this 13" day of June 2018
Renea Murnahan-Turner
42 N. Fountain Ave.
Springfield, OH 45502
Pro Se Plaintiff
/s HENRY APPEL
HENRY APPEL (0068479)
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(131st General Assembly)
(Substitute House Bill Number 523)
AN ACT
To amend sections 109.572, 519.21, 4123.54, 4729.75,
4729.80, 4729.84, 4729.85, 4729.86, 4731.22, 4731.281,
4776.02, 4776.04, and 5713.30 and to enact sections
3796.01, 3796.02, 3796.021, 3796.03, 3796.031,
3796.032, 3796.04, 3796.05, 3796.06, 3796.061, 3796.07,
3796.08, 3796.09, 3796.10, 3796.11, 3796.12, 3796.13,
3796.14, 3796.15, 3796.16, 3796.17, 3796.18, 3796.19,
3796.20, 3796.21, 3796.22, 3796.23, 3796.24, 3796.27,
3796.28, 3796.29, 3796.30, 4729.771, 4731.229, 4731.30,
4731.301, and 4731.302 of the Revised Code to authorize
the use of marijuana for medical purposes and to establish
the Medical Marijuana Control Program.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.572, 519.21, 4123.54, 4729.75, 4729.80,
4729.84, 4729.85, 4729.86, 4731.22, 4731.281, 4776.02, 4776.04, and
5713.30 be amended and sections 3796.01, 3796.02, 3796.021, 3796.03,
3796.031, 3796.032, 3796.04, 3796.05, 3796.06, 3796.061, 3796.07,
3796.08, 3796.09, 3796.10, 3796.11, 3796.12, 3796.13, 3796.14, 3796.15,
3796.16, 3796.17, 3796.18, 3796.19, 3796.20, 3796.21, 3796.22, 3796.23,
3796.24, 3796.27, 3796.28, 3796.29, 3796.30, 4729.771, 4731.229, 4731.30,
4731.301, and 4731.302 of the Revised Code be enacted to read as follows:
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
EXHIBITFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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Sub. H. B. No. 523 131st G.A.
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, 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)(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 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,Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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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,
3701.881, 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, 2919.22, 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, 2925.141, 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;Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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(c) A violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996;
(d) A violation of section 2923.01, 2923.02, or 2923.03 of the Revised
Code when the underlying offense that is the object of the conspiracy,
attempt, or complicity is one of the offenses listed in divisions (A)(3)(a) to
(c) of this section;
(e) A violation of an existing or former municipal ordinance or law of
this state, any other state, or the United States that is substantially equivalent
to any of the offenses listed in divisions (A)(3)(a) to (d) of this section.
(4) On receipt of a request pursuant to section 2151.86 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, 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22,
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,
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, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 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;
(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 theFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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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 determineFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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Sub. H. B. No. 523 131st G.A.
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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 a felony 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,
1321.531, 1322.03, 1322.031, 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 identificationFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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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 of the following: a violation of section
2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised Code; any
other criminal offense involving theft, receiving stolen property,
embezzlement, forgery, fraud, passing bad checks, money laundering, or
drug trafficking, or any criminal offense involving money or securities, as
set forth in Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of
the Revised Code; or any existing or former law of this state, any other state,
or the United States that is substantially equivalent to those offenses.
(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 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.17],
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,
4762.031, 4762.06, 4776.021, 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 1121.23, 1155.03,
1163.05, 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 anyFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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Sub. H. B. No. 523 131st G.A.
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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 is a disqualifying offense as defined in section
3772.07 of the Revised Code or substantially equivalent to such an offense.
(12) On receipt of a request pursuant to section 2151.33 or 2151.412 of
the Revised Code, a completed form prescribed pursuant to division (C)(1)
of this section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a criminal records
check with respect to any person for whom a criminal records check is
required under that section. The superintendent shall conduct the criminal
records check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11,
2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,
2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25,
2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United
States that is substantially equivalent to any of the offenses listed in division
(A)(12)(a) of this section.
(13) On receipt of a request pursuant to section 3796.12 of the Revised
‘ode, a completed form prescribed pursuant _to division 1)_of thisFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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Sub. H. B. No. 523 131st G.A.
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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
the following:
(a) A disqualifying offense as specified in rules adopted under division
(B)(2)(b) of section 3796.03 of the Revised Code if the person who is the
subject of the request is an administrator or other person responsible for the
daily operation of, or an owner or prospective owner, officer or prospective
officer, or board member or prospective board member of, an entity seeking
a license from the department of commerce under Chapter 3796. of the
Revised Code:
(b) A disqualifying offense as specified in rules adopted under division
(B)(2)(b) of section 3796.04 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 state board of pharmacy 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
the following:
(a) A disqualifying offense as specified in rules adopted under division
B a) 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;
(b) A disqualifying offense as specified in rules adopted under division
(B)(14)(a) of section 3796.04 of the Revised Code if the person who is the
subject of the request is seeking employment with an entity licensed by the
state board of pharmacy under Chapter 3796. 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 asFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
0E191 -
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R29 RENEA MURNAHAN-TURNER Plaintiff, Vv. STATE OF OHIO BOARD OF PHARMACY Defendant IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO Case No. 18 CV 003043 Judge Holbrook MOTION FOR JUDGMENT ON THE PLEADINGS Defendant State of Ohio Board of Pharmacy (“the Board”) asks this Court to grant judgment against Plaintiff Renea Murnahan-Turner pursuant to Civ. R. 12(C). A memorandum in support is attached Respectfully submitted, MICHAEL DEWINE (0009181) Ohio Attorney General /s HENRY APPEL HENRY APPEL (0068479) YVONNE TERTEL (0019033) Principal Assistant Attorneys General Health & Human Services Section 30 East Broad Street, 26th Floor Columbus, Ohio 43215 Phone: (614) 466-8600 Fax: (866) 441-4738 Henry.Appel@ohioattorneygeneral.gov Yvonne. Tertel@ohioattorneygeneral.gov Counsel for State of Ohio Board of PharmacyFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R30 MEMORANDUM IN SUPPORT I. Introduction Renea Murnahan-Turner has asked this Court to “stop the rules, eligibility scoring process and Releasing preliminary list for Dispensaries Medical Marijuana Licenses.” The main basis for this request is that Ms. Murnahan-Turner disagrees with many of the policy decisions made by the General Assembly in House Bill 523. (A copy of the house bill is attached.) According to Ms. Murnahan-Turner, the medical marijuana program should have been overseen by the Ohio Liquor Control Commission and the Ohio Department of Health. But this Court cannot overturn or block a law simply because of policy disagreements. Ms Murnahan-Tumer has not made any constitutional challenges to House Bill 523 Even if Ms. Murnahan-Turner had cited to any statutory provision to challenge House Bill 523, there are several other insurmountable hurdles As a starting point, Ms. Murnahan-Turner does not have standing to challenge the Board’s handling of provisional dispensary licenses because she did not apply for one. This Court should dismiss this case on this basis alone. Most of the provisions that she cites in her complaint do not apply to the Board — they apply to the Ohio Department of Commerce. Even so, she repeatedly either misstates or misunderstands the law. IL. Legal Standards A. Motion for Judgment on the Pleadings Civ. R. 12(C) provides that, "[a]fter the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings." In reviewing a motion for judgment on the pleadings, a court must construe all material allegations in the complaint, as 2Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R31 well as any reasonable inferences drawn from those allegations, as true and in favor of the nonmoving party. Franks v. Ohio Dept. of Rehab. & Corr., 195 Ohio App.3d 114, 2011-Ohio- 2048, § 5 (10th Dist.). A motion for judgment on the pleadings tests the allegations of the complaint and presents questions of law. /d. A court may grant a motion for judgment on the pleadings only if no disputes of material fact exist and the pleadings demonstrate that the moving party is entitled to judgment as a matter of law. Coffman v. Ohio State Adult Parole Bd., 2013- Ohio-109 (10" Dist. 2013). B. Permanent Injunction A permanent injunction provides equitable relief upon a showing of immediate and irreparable injury to the complaining party and the lack of an adequate remedy at law. In determining whether to grant such an injunction, a court must engage in "a balancing process designed to weigh the equities between the parties." O'Brien v. Phillips, 2015-Ohio-3901, 43 N.E.3d 1, § 46 (10th Dist.) (quoting Franklin Cty. Dist. Bd. of Health v. Paxson, 152 Ohio App.3d 193, 2003-Ohio-1331, 9 25 (10th Dist.)) "A party seeking a permanent injunction 'must demonstrate by clear and convincing evidence that they are entitled to relief under applicable statutory law, that an injunction is mn necessary to prevent irreparable harm, and that no adequate remedy at law exists." Electronic Classroom of Tomorrow vy. Ohio Dept. of Edn., 2017-Ohio-5607, § 33 (10th Dist.) (quoting McDowell v. Gahanna, 2009-Ohio-6768, J 9 coe Dist.)) TH. = Medical Marijuana in Ohio A. The Ohio Medical Marijuana Control Program On June 8, 2016, Governor John Kasich signed H.B. 523, creating the Medical Marijuana Control Program, and legalizing medical marijuana in the State of Ohio. The law went into effectFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R32 on September 8, 2016 and was codified in R.C. Chapter 3796 and accompanying administrative rules. The law authorizes registered patients suffering from qualifying medical conditions (such as AIDS, cancer, sickle cell anemia, and traumatic brain injury) to purchase and use medical marijuana after receiving a recommendation from a certified physician. R.C. 3796.08, R.C 3796.22, and R.C. 3796.01(A)(6). The program must be fully operational by September 8, 2018. See H.B. 523, Section 3 The law provides for the cultivation, processing, testing, and dispensing of medical marijuana. See R.C. 3796,18-.21. All of these activities are tightly regulated through the Medical Marijuana Control Program. R.C. 3796.02. Responsibility for the administration of the Medical Marijuana Control Program is divided between Commerce, the Board and the State Medical Board of Ohio (“the Medical Board”). Id. Commerce licenses medical marijuana cultivators, processors, and testing laboratories. Id. The Board licenses retail dispensaries and registers patients and caregivers. Id. Physicians who wish to recommend marijuana to patients must obtain a certificate from the Medical Board. R.C. 4731.30. The law vests the Department, the Board and the Medical Board with broad authority to establish rules and standards for licensure. R.C. 3796.03 (Commerce), R.C. 3796.04 (the Board), R.C. 4731.301 (the Medical Board). H.B. 523 also established the Medical Marijuana Advisory Committee (as part of the Board) to “develop and submit to the department of commerce, the state board of pharmacy, and the state medical board any recommendations related to the medical marijuana control program and the implementation and enforcement of Chapter 3796. of the Revised Code.” R.C 3976,02(G). B. The Process to Apply To Operate a Dispensary. Under R.C. 3796.04(B)(3) and R.C. 3796.05(B), the Board was tasked with “establishingFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R33 the number of retail dispensary licenses that will be permitted at any one time[.]” The Board has concluded that it “may issue up to sixty dispensary provisional licenses” before September 8, 2018. Ohio Adm. Code 3796:6-2-05(A). After this date, the Board can determine if additional licenses are necessary. Ohio Adm. Code 3796:6-2-05(B) and (C). The sixty potential dispensaries are disbursed among 31 districts across Ohio. Depending on the population of the district, there were between one and five dispensaries per district. Some districts with large metropolitan regions (Cuyahoga, Franklin, Hamilton, Lucas, Montgomery and Summit) had only one county in the district. Applicants who wished to operate a marijuana dispensary had to apply online with the Board. The application window was open from November 3 through November 17, 2017 Applicants were required to submit separate applications for each location that they were seeking. The Board received 369 applications during this window. Some would-be applicants claimed that difficulties with the Board’s online system caused them to be unable to upload all required documents. Some of these applicants had submitted enough materials that they were able to pay the $5,000 application fees (and were included in the original 369 number), while others had not. To minimize the risk that an applicant would be unfairly penalized due to computer problems beyond their control, the Board reopened the application window for 48 hours between 8 a.m. on December 18 and 8 a.m. on December 20, 2017. 308 applicants took the opportunity to update (or at least proofread) their previously filed applications. The Board received the $5,000 application fee for seven new applications, raising the total number of applications to 376. The number of applications in a district ranged from 69 applicants (in the district that encompasses Franklin County) to zero applicants (in two districts that encompassed Miami,Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R34 Shelby, Logan, Mercer, Van Wert and Paulding Counties). The Board used a competitive application process. See Ohio Adm. Code 3796:6-2- 01(B)(1) (scoring process). The Board also determined whether an application is ineligible for a provisional license due to a statutory or administrative provision (for example, a proposed dispensary is within 500 feet of a school). R.C. 3796.10(B). The Board is required to award at least 15% of provisional dispensary licenses to economically disadvantaged applicants. R.C 3796.10(C). On June 4, 2018, the Board announced the entities that had obtained licenses to operate provisional medical marijuana dispensaries. The Board awarded 56 licenses. As noted above, there were two districts with no applicants. Another district had only one applicant whom the Board concluded was not viable. Any applicant denied a license will have the opportunity to request a hearing pursuant to R.C. Chapter 119. Each applicant who received a provisional license will have 180 days to pass final inspection in accordance with Ohio Adm. Code 3796:6-2-06 and to “commence[] operations.” Ohio Adm. Code 3796:6-2-04(J). The Board may rescind a provisional license if the dispensary does not pass final inspection and open within this time frame. /d. IV. Plaintiff Lacks Standing. The issue of standing is a preliminary inquiry in all legal claims. “The question of standing is whether a litigant is entitled to have a court determine the merits of the issues presented.” Ohio Contrs. Assn. v. Bicking, 71 Ohio St.3d 318, 320, 1994-Ohio-183. Standing does not consider the merits of the plaintiff's claim but instead focuses on "whether the plaintiffs have alleged such a personal stake in the outcome of the controversy that they are entitled to have a court hear their case." ProgressOhio.org, Inc. v. JobsOhio, 139 Ohio St.3d 520, 2014- 6Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R35 Ohio-2382, 47 “Standing exists only when (1) the complaining party has suffered or has been threatened with direct and concrete injury in a manner or degree different from that suffered by the public in general, (2) the law in question caused the injury, and (3) the relief requested will redress the injury.” Beaver Excavating Co. v. Testa, 134 Ohio St.3d 565, 2012-Ohio-5776, § 8. Ms. Murnahan-Turner has not alleged sufficient facts to meet any of the three prongs. No Direct and Concrete Injury. Ms. Murnahan-Turner freely acknowledges that she began, but chose not to finish, the application process to obtain a provisional medical marijuana dispensary license. It is unclear if Ms. Murnahan-Tumer is alleging that she was applying for a license for herself or for Cannabis for Cures, LLC. Regardless, either way, Ms. Murnahan-Turner has not alleged that she has suffered a direct and concrete injury that is different from the public in general because she did not complete the application.' Ms. Murnahan-Turner is in exactly the same position as any other person or business who did not submit an application to the Board to obtain a license to operate a medical marijuana dispensary. As a result, she has not alleged any direct or concrete injury that is different than that suffered by the general public. The Law in Question Did Not Cause Any Injury. Ms. Murnahan-Turner alleges that various portions of House Bill 523 will have bad consequences — specifically, it will require “Billions of dollars in damage control.” Ms. Murnahan-Turner has not alleged facts that demonstrate “a realistic danger arising from the challenged action.” Hamilton v. Ohio Dept. of Health, 2015-Ohio-4041, 4 19 (10th 1 Tf Ms. Murnahan-Turner is claiming injury because Cannabis for Cures, LLC. was unable to submit an application, she is not the real party in interest. Cannabis for Cures is. Ms. Murnahan-Turner does not have standing to raise claims for Cannabis for Cures.Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R36 Dist.). When, as here, there is an allegation of potential future injury, a “speculative chain of possibilities” is not sufficient to show that the injury is “certainly impending.” /d. (quoting Clapper v. Amnesty Internl. USA, 568 U.S. 398, 414 (2013)). Ms. Murnahan-Turner’s summary claim that there will be “Billions of dollars in damage control” is purely speculative. The Relief Will Not Redress The Injury. Ms. Murnahan-Turner’s proposed remedy — “to stop the rules, regulations, eligibility scoring process and Releasing preliminary list of Dispensaries Medical Marijuana Licenses” — will not redress the supposed injuries that she identifies. For example, Ms. Murnahan-Turner claims that the Board is discriminating against “Women by eliminating them from the economically disadvantaged groups.” Complaint at 2. Ms. Murnahan-Turner is also claiming that the Board is discriminating against “economically disadvantaged groups.” /d. (As discussed below, Ms. Murnahan-Turner’s real complaint is with policy decisions reflected in the statute — such as women not being deemed an economically disadvantaged group — rather than actions taken by the Board.) The proposed remedy would be to stop the Board from implementing its administrative rules or to award anyone a license. This would not he/p anyone who was supposedly discriminated against because it would stop anyone from getting a provisional license to operate a Medical Marijuana Dispensary, including women and minorities who applied for a license. Vv. This Court Cannot Reverse Based Solely on Disagreements Over Policy. “{Q]uestions concerning the wisdom of legislation are for the legislature.” State v. Blankenship, 145 Ohio St.3d 221, 2015-Ohio-4624, | 37. The “General Assembly is ‘'the ultimate arbiter of public policy’ and the only branch of government charged with fulfilling that role.” Jd. (quoting Arbino v. Johnson & Johnson, 116 Ohio St.3d 468, 2007-Ohio-6948, 21). “Tt is not the role of the courts ‘to establish legislative policies or to second-guess the 8Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R37 General Assembly's policy choices. [T]he General Assembly is responsible for weighing [policy] concerns and making policy decisions; we are charged with evaluating the constitutionality of their choices.’" Stetter v. R.J. Corman Derailment Srvcs., LLC., 125 Ohio St.3d 280, 2010-Ohio- 1029, 435 (quoting Groch v. Gen. Motors Corp., 117 Ohio St.3d 192, 2008 Ohio 546, 212) (brackets in original). In this case, Ms. Murnahan-Turner is really asking for this Court to overrule the will of the General Assembly because Ms. Murnahan-Turner believes that the General Assembly could have made better choices. Ms. Murnahan-Turner wishes that House Bill 523: 1, Did not permit pharmacists from owning a medical marijuana dispensary 2. Did not allow out-of-state entities from obtaining a medical marijuana dispensary 3 Included women in the definition of “economically disadvantaged group” 4 Provide funding to applicants who are a member of an “economically disadvantaged group” but who do not have enough money to open a dispensary. 5 Required five years of residence to qualify as an economically disadvantaged group. 6. Vacated convictions of those already convicted of marijuana offenses 7 Required all applicants to be residents of Ohio for five years. 8 Required a scoring system that did not give any bonuses for having actual experience operating a medical marijuana business. 9 Appointed different people to the Medical Marijuana Advisory Committee. The General Assembly has authority to make these policy decisions. If Ms. Murnahan- Turner is unhappy with those policies, she is free to continue to contact the General Assembly to have her wishes known. But raising policy arguments alone without identifying any constitutional infirmity means that she has not stated a claim for relief. VI. The Complaint Repeatedly Misstates Ohio Law. 9Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R38 A. This Complaint Challenges Provisions That Do Not Apply To The Board. Read literally, many of Ms. Murnahan-Turner’s challenges to various provisions of House Bill 523 that govern the Department of Commerce — not the Board. On page 1, Ms. Murnahan-Turner references “House Bill 523 page 24 line item number 5.” That is a reference to a provision codified as R.C. 3796.09(B)(5). This provision, on its face, applies to “the department” — meaning the department of commerce. R.C. 3796.02. R.C 3796.09 governs the licenses to cultivate, process or test marijuana, all of which are overseen by the department of commerce, not the Board. In two different places on page 2 of her complaint, Ms. Murnahan-Tumer cites to “Page 24 Section 6) subsection C.” That is a reference to R.C. 3796.09(C); which again, addresses the department of commerce, not the Board. Ms. Murnahan-Turner claims that the Board is improperly following those provisions fail at the outset because, on their face, they do not apply to the Board at all. B. The Board Did Not Err By “Accepting” Applications. Many of Ms. Murnahan-Turner’s challenges are to the fact that the Board supposedly “accepted dispensary applications” from people she believes should not be permitted to receive licenses. At the time that this complaint was filed, the Board had not yet announced who would obtain a provisional license to operate a medical marijuana dispensary. So when Ms. Murnahan- Turner is complaining about the Board “accepting” an application, she is literally meaning that the Board should have sent the application back without scoring or otherwise reviewing it. But this is not the way things work. If an applicant is categorically ineligible for a license (i.e. the majority owner has a disqualifying conviction or the applicant has unpaid Ohio taxes), the Board will “accept” the application. But that does not mean that the applicant is being 10Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R39 awarded a license. So Ms. Murnahan-Turner has not stated a claim for relief when insists that the Board improperly “accepted” applications from applicants owned by pharmacists and out-of-state applicants Cc. R.C. Chapter 3796 Does Not Prohibit The Board’s Actions. Ms. Murnahan-Turner makes many claims that the Board took some improper action. However, many of those actions were mandated by statute or, at least, not forbidden Permitting Pharmacists to Own Dispensaries. There is no provision in Ohio law which prohibits pharmacists from owning a medical marijuana dispensary. Ms. Murnahan-Turner has not identified any reason why the Board should not “accept” an application from an entity owned by a pharmacist. Applicants Do Not Have To Be Ohio Residents For Five Years. Ms. Murnahan-Turner insists that R.C. 3796.09(B)(5) and 3796.11, when read together, mean that an applicant has to be an Ohio resident for five years. Notably, neither provision has the words “resident” or “five years.” Women Are Not Listed As An Economically Disadvantaged Group. R.C. 3796.09(C) requires the Department of Commerce to award at least 15% of “cultivator, processor, or laboratory license” to entities controlled by an economically disadvantaged group. The statute defines an “economically disadvantaged group” as “Blacks or African Americans. American Indians. Hispanics or Latinos, and Asians.” There is no provision that requires (or even permits) the Board to treat women as an economically disadvantaged group. The claim of improper discrimination fails at the outset. 11Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R40 R.C. 3796.09(C) Does Not Require The Board To Discriminate Against Economically Disadvantaged Groups. Ms. Murnahan-Turner makes the curious argument that R.C 3796.09(C) requires the Board to discriminate against economically disadvantaged groups by setting aside 15% of licenses for them. Aside from the fact that this statute governs the Department of Commerce, the argument is fundamentally flawed. Ms. Murnahan-Turner assumes that being a member of what has been statutorily defined as an “economically disadvantaged group” will mean that there will be no individuals with enough resources to apply and operate a dispensary. (In fact, there was not a shortage of applicants who met the definition of being an economically disadvantaged group under R.C. 3796.10, and met all other statutory and regulatory requirements to operate a dispensary.) To make such an extraordinary argument would require the pleading of extraordinary facts. Ms. Murnahan-Turner has fallen woefully short of doing so. Economically Disadvantaged Groups Do Not Need Five Years of Residency. According to Ms. Murnahan-Turner, an applicant seeking economically disadvantaged status must have lived in Ohio for five years. This is just wrong. There is no statute or rule that sets out a five-year requirement for residence for any applicant. D. Ms. Murnahan-Turner Chose Not To Complete An Application. According to Ms. Murnahan-Turner, she started applying online for a medical marijuana dispensary but made the conscious decision not to proceed because she thought the Board would not give her a license because she had already filed a lawsuit in Clark County against the Board. It is unclear whether Ms. Murnahan-Turner is asserting a claim for relief based on her decision not to complete an application to operate a medical marijuana dispensary or is merely trying to show her involvement with the process to obtain standing to seek an injunction. (This Court, in denying the Board’s motion to dismiss, has concluded that Ms. Murnahan-Turner’s 12Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R41 claimed damages of $100 million are not a request for money damages.) Regardless, these factual claims do not state a claim for relief because she has not alleged that the Board did anything wrong. Ms. Murnahan-Turner alleged that she was worried that the Board would take an action, but she had to allege that the Board did deny the application. She did not. Put another way, Ms. Murnahan-Turner’s assertion about her choice not to apply is not ripe and will never be ripe because “it rests on contingent future events that may not occur as anticipated or may never occur at all.” Meyer v. Chieffo, 193 Ohio App.3d 51, 2011-Ohio-1670, ql7 qo” Dist) (quoting State v. Loving, 180 Ohio App.3d 424, 2009-Ohio-15, 94 qo” Dist.)). VII. Conclusion For the foregoing reasons, this Court should grant judgment on the pleadings and dismiss this action. Respectfully submitted, MICHAEL DEWINE (0009181) Ohio Attorney General /s HENRY APPEL HENRY APPEL (0068479) YVONNE TERTEL (0019033) Principal Assistant Attorneys General Health & Human Services Section 30 East Broad Street, 26th Floor Columbus, Ohio 43215 Phone (614) 466-8600 Fax: (866) 441-4738 Henry .Appel@ohioattorneygeneral.gov Yvonne. Tertel@ohioattorneygeneral.gov Counsel for State of Ohio Board of Pharmacy 13Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R42 CERTIFICATE OF SERVICE Pursuant to Civ.R. 5, I hereby certify that a copy of the foregoing Motion was served upon the following via regular U.S. Mail this 13" day of June 2018 Renea Murnahan-Turner 42 N. Fountain Ave. Springfield, OH 45502 Pro Se Plaintiff /s HENRY APPEL HENRY APPEL (0068479) 14Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R43 (131st General Assembly) (Substitute House Bill Number 523) AN ACT To amend sections 109.572, 519.21, 4123.54, 4729.75, 4729.80, 4729.84, 4729.85, 4729.86, 4731.22, 4731.281, 4776.02, 4776.04, and 5713.30 and to enact sections 3796.01, 3796.02, 3796.021, 3796.03, 3796.031, 3796.032, 3796.04, 3796.05, 3796.06, 3796.061, 3796.07, 3796.08, 3796.09, 3796.10, 3796.11, 3796.12, 3796.13, 3796.14, 3796.15, 3796.16, 3796.17, 3796.18, 3796.19, 3796.20, 3796.21, 3796.22, 3796.23, 3796.24, 3796.27, 3796.28, 3796.29, 3796.30, 4729.771, 4731.229, 4731.30, 4731.301, and 4731.302 of the Revised Code to authorize the use of marijuana for medical purposes and to establish the Medical Marijuana Control Program. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That sections 109.572, 519.21, 4123.54, 4729.75, 4729.80, 4729.84, 4729.85, 4729.86, 4731.22, 4731.281, 4776.02, 4776.04, and 5713.30 be amended and sections 3796.01, 3796.02, 3796.021, 3796.03, 3796.031, 3796.032, 3796.04, 3796.05, 3796.06, 3796.061, 3796.07, 3796.08, 3796.09, 3796.10, 3796.11, 3796.12, 3796.13, 3796.14, 3796.15, 3796.16, 3796.17, 3796.18, 3796.19, 3796.20, 3796.21, 3796.22, 3796.23, 3796.24, 3796.27, 3796.28, 3796.29, 3796.30, 4729.771, 4731.229, 4731.30, 4731.301, and 4731.302 of the Revised Code be enacted to read as follows: 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 EXHIBITFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R44 Sub. H. B. No. 523 131st G.A. 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, 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)(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 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,Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R45 Sub. H. B. No. 523 131st G.A. 3 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, 3701.881, 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, 2919.22, 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, 2925.141, 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;Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R46 Sub. H. B. No. 523 131st G.A. 4 (c) A violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996; (d) A violation of section 2923.01, 2923.02, or 2923.03 of the Revised Code when the underlying offense that is the object of the conspiracy, attempt, or complicity is one of the offenses listed in divisions (A)(3)(a) to (c) of this section; (e) A violation of an existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in divisions (A)(3)(a) to (d) of this section. (4) On receipt of a request pursuant to section 2151.86 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, 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 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, 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, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 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; (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 theFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R47 Sub. H. B. No. 523 131st G.A. 5 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 determineFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R48 Sub. H. B. No. 523 131st G.A. 6 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 a felony 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, 1321.531, 1322.03, 1322.031, 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 identificationFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R49 Sub. H. B. No. 523 131st G.A. 7 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 of the following: a violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised Code; any other criminal offense involving theft, receiving stolen property, embezzlement, forgery, fraud, passing bad checks, money laundering, or drug trafficking, or any criminal offense involving money or securities, as set forth in Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the Revised Code; or any existing or former law of this state, any other state, or the United States that is substantially equivalent to those offenses. (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 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.17], 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4776.021, 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 1121.23, 1155.03, 1163.05, 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 anyFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R50 Sub. H. B. No. 523 131st G.A. 8 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 is a disqualifying offense as defined in section 3772.07 of the Revised Code or substantially equivalent to such an offense. (12) On receipt of a request pursuant to section 2151.33 or 2151.412 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person for whom a criminal records check is required under that section. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(12)(a) of this section. (13) On receipt of a request pursuant to section 3796.12 of the Revised ‘ode, a completed form prescribed pursuant _to division 1)_of thisFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R51 Sub. H. B. No. 523 131st G.A. 9 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 the following: (a) A disqualifying offense as specified in rules adopted under division (B)(2)(b) of section 3796.03 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the department of commerce under Chapter 3796. of the Revised Code: (b) A disqualifying offense as specified in rules adopted under division (B)(2)(b) of section 3796.04 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 state board of pharmacy 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 the following: (a) A disqualifying offense as specified in rules adopted under division B a) 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; (b) A disqualifying offense as specified in rules adopted under division (B)(14)(a) of section 3796.04 of the Revised Code if the person who is the subject of the request is seeking employment with an entity licensed by the state board of pharmacy under Chapter 3796. 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 asFranklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 -