Chapter 3796:6-2 Generally

3796:6-2-01 Requests for application to operate medical marijuana dispensaries.

(A) The state board of pharmacy will provide notice of a request for applications to operate a dispensary by posting at www.medicalmarijuana.ohio.gov, and such other places as the board deems appropriate, that the board is requesting applicants to submit their applications.

(B) When the board issues a request for applications pursuant to this rule, the board will include in the request:

(1) The scoring procedure that will be used to evaluate completed applications, including point values that will be allocated to each applicable portion of the application;

(2) Information on how to obtain an application;

(3) Acceptable methods for submitting applications;

(4) The maximum number of licenses to be awarded;

(5) Preferred geographic distribution of dispensary sites; and

(6) Any additional information deemed necessary by the state board of pharmacy.

(C) The board will accept completed applications in response to a request for applications issued pursuant to this rule for ten business days beginning on the date which is forty-five business days after the date on which the board issued the request for applications, unless otherwise provided by the state board of pharmacy.

(D) The board shall have the right to cancel a request for applications prior to the award of a dispensary provisional license. If a request for applications is canceled prior to the award of a dispensary provisional license, all application fees paid to the state board of pharmacy pursuant to the request for applications which was canceled shall be returned to the applicant who remitted the fee.

(E) If the board receives an application in response to a request for applications issued pursuant to this rule on a date other than the dates set forth in this rule, the board shall not consider the application and shall return the application, including any remitted fees, to the entity or person who submitted the application.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.02, 3796.04

3796:6-2-02 Applications to operate medical marijuana dispensaries.

(A) Only a dispensary that has obtained a certificate of operation from the state board of pharmacy may sell or dispense medical marijuana to qualifying patients and designated caregivers who are registered with the board.

(B) To be considered complete, items submitted in response to a request for applications issued pursuant to rule 3796:6-2-01 of the Administrative Code shall include:

(1) The relevant application fee;

(2) An application on a form in accordance with section 3796.10 of the Revised Code. The application shall include:

(a) The name of the proposed dispensary, as reflected in the articles of incorporation or other documents filed with the secretary of state;

(b) The type of business organization of the applicant, such as individual, corporation, partnership, limited-liability company, association or cooperative, joint venture or any other business organization;

(c) Confirmation that the applicant has registered with the Ohio secretary of state as the applicable type of business;

(d) A copy of the applicant's articles of incorporation, articles of organization or partnership or joint venture document of the applicant;

(e) The physical address where the proposed dispensary will be located and the physical address of any co-owned or otherwise affiliated medical marijuana entities, including both licensed and prospective entities;

(f) The mailing address of the applicant;

(g) The telephone number of the applicant;

(h) The electronic mail address of the applicant;

(i) The proposed hours of operation during which the prospective dispensary plans to be available to dispense medical marijuana to patients who hold valid registry identification cards or to the designated caregivers of such patients;

(j) Proof establishing that the applicant owns or controls through a leasehold interest in all real property where marijuana will be dispensed, or a signed, notarized statement from the owner of such real property that the owner will grant a leasehold interest to the applicant if a provisional license is issued;

(k) A location area map of the area surrounding the prospective dispensary that establishes the facility is at least five hundred feet from the boundaries of a parcel of real estate having situated on it:

(i) A prohibited facility, pursuant to section 3796.30 of the Revised Code; or

(ii) A community addiction services provider as defined under section 5119.01 of the Revised Code.

(l) Evidence that the applicant is in compliance with any local ordinances, rules, or regulations adopted by the locality in which the applicant's property is located, which are in effect at the time of the application, including:

(i) Copies of any required local registration, license or permit of the locality in which the applicant's property is located;

(ii) If a local government in which a proposed dispensary will be located has not enacted zoning restrictions or the applicant is not required to secure approval that the applicant is in compliance with any such restrictions, a professionally prepared survey which demonstrates that the applicant has satisfied all the requirements of division (A) of section 3796.30 of the Revised Code.

(m) The notarized signature of a natural person for the proposed medical marijuana establishment as described in rule 3796:6-2-03 of the Administrative Code, attesting that the information provided to the board in the application for a dispensary license is true and correct at the time of signing.

(3) Documentation sufficient to establish that the applicant is in compliance with the applicable tax laws of this state and any jurisdiction where the applicant has operated and conducted business within the last three years;

(4) A financial plan which includes:

(a) Financial statements showing the resources of the applicant;

(b) If the applicant is relying on money from an owner, officer or board member, evidence that the person has unconditionally committed such money to the use of the applicant in the event that a dispensary license is awarded to the applicant;

(c) Documentation from an institution in this state, or any other state in the United States or the District of Columbia, which demonstrates:

(i) That the applicant has adequate liquid assets to cover all expenses and costs of the first year of operation for all licenses the applicant is willing to accept, but no less than two hundred fifty thousand dollars, as indicated under the dispensary's current business plan. Such liquid assets shall be unencumbered and capable of being converted within thirty days after a request to liquidate such assets; and

(ii) The source of those assets.

(5) A description of the proposed organizational structure of the proposed dispensary, including, without limitation:

(a) An organizational chart showing all owners, officers, and board members of the proposed dispensary, irrespective of ownership interest;

(b) A list of all owners, officers and board members of the proposed dispensary that contains the following information for each person:

(i) The title of that person;

(ii) A short description of the role the person will serve in for the organization and person's responsibilities;

(iii) Whether the person has served or is currently serving as an owner, officer or board member for another medical marijuana entity;

(iv) Whether the person has previously had a dispensary employee license revoked, disciplined or the equivalent thereof, in this state or any other jurisdiction;

(v) Whether a medical marijuana entity with which the owner, officer or board member is or was previously associated has had a license revoked, disciplined or the equivalent thereof, in this state or any other jurisdiction;

(vi) The ownership interest that person has in the prospective dispensary; and

(vii) Whether the person has an ownership interest or financial interest in any other medical marijuana entity.

(6) For each owner, officer and board member of the proposed dispensary:

(a) An attestation signed, notarized, and dated by the owner, officer or board member that he or she has not been convicted of a disqualifying offense and that the information provided to support the application to operate a dispensary is true and correct;

(b) If an individual has been convicted of any offense in any record of arrest or charges pending or have a conviction of a felony or misdemeanor other than a traffic violation in any jurisdiction

(c) Submit to a criminal records check as prescribed in rule 3796:6-2-07 of the Administrative Code;

(d) A narrative description, not to exceed one thousand five hundred words, demonstrating:

(i) Any previous experience at operating other businesses or nonprofit organizations; and

(ii) Any demonstrated knowledge or expertise with respect to the medical use of marijuana to treat qualifying conditions.

(7) Documentation describing the adequacy of the size of the proposed dispensary to serve the needs of patients and caregivers, including, without limitation, building and construction plans with supporting details. Such plans shall illustrate, at a minimum, the size and location of the following within the prospective dispensary location:

(a) The dispensary department;

(b) Restricted access areas;

(c) Waiting room; and

(d) Patient care areas or other areas designated for patient and caregiver consultation and instruction.

(8) The plan of the proposed dispensary for the care, quality, and safekeeping of medical marijuana from delivery to sale, including, without limitation, procedures to ensure adequate security measures, building security and product security. Such plan shall include the dispensary's intended plan to detect and deter theft, diversion, or loss.

(9) A plan for the business which includes, without limitation, a description of the inventory control plans for the proposed dispensary.

(10) Evidence that the applicant has a plan to staff, educate, and manage the proposed dispensary on a daily basis, which must include, without limitation:

(a) A detailed budget for the proposed dispensary, including pre-opening, construction and first year operating expenses;

(b) An operations manual that demonstrates compliance with Chapter 3796. of the Revised Code and this division;

(c) Intended wage rates and benefits packages for all employees;

(d) An education plan which must include, without limitation, providing training materials to the staff of the proposed dispensary; and

(e) Efforts to minimize the environmental impact of the dispensary.

(11) A proposal demonstrating how the prospective dispensary will meet the needs of patients and caregivers.

(12) A detailed description of any other services or products to be offered by the proposed dispensary;

(13) Documents related to any program to assist veterans or the indigent in obtaining medical marijuana that the proposed dispensary intends to offer; and

(14) Such other documents and information reasonably required by the board to determine the applicant's suitability for licensure or to protect public health and safety.

(C) If any information contained in the application or accompanying documents changes after being submitted to the state board of pharmacy, the applicant shall immediately notify the state board of pharmacy in writing and provide corrected information within fourteen days of the change.

(D) No application to operate a medical marijuana dispensary may be withdrawn without the approval of the state board of pharmacy. If the withdrawal of an application is granted due to a change in federal, state, or local rules or regulations, the applicant for whom the withdrawal was granted shall be refunded any remitted application fees.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.02, 3796.04 , 3796.10

3796:6-2-03 Medical marijuana dispensary ownership and ownership requirements.

(A) Unless otherwise provided, when an entity is required pursuant to this division to provide information, sign documents or ensure actions are taken, a person identified in this paragraph, and who is twenty-one years of age or older, shall comply with the requirement on behalf of the medical marijuana establishment:

(1) If a natural person is applying for a dispensary license, the natural person;

(2) If a corporation is applying for a dispensary license, a natural person who is an officer of the corporation;

(3) If a partnership is applying for a dispensary license, a natural person who is a partner;

(4) If a limited-liability company is applying for a dispensary license, a manager or, if the limited-liability company does not have a manager a natural person who is a member of the limited-liability company;

(5) If an association or cooperative is applying for a dispensary license, a natural person who is a member of the governing board of the association or cooperative;

(6) If a joint venture is applying for a dispensary license, a natural person who signed the joint venture agreement; and

(7) If a business organization other than those described in paragraphs (A)(1) to (A)(7) of this rule, inclusive, is applying for a dispensary license, a natural person who is a member of the business organization.

(B) For purposes of this division, the following persons must comply with the provisions governing owners, officers and board members of a dispensary and are considered associated key employees:

(1) If a natural person is applying for a dispensary license, the natural person;

(2) If a corporation is applying for a dispensary license, the officers of the corporation;

(3) If a partnership is applying for a dispensary license, the partners;

(4) If a limited-liability company is applying for a dispensary license, the members of the limited-liability company;

(5) If an association or cooperative is applying for a dispensary license, the members of the association or cooperative;

(6) If a joint venture is applying for a dispensary license, the natural persons who signed the joint venture agreement; and

(7) If a business organization other than those described in paragraphs (B)(2) to (B)(6) of this rule, inclusive, is applying for a dispensary license, the members of the business organization.

(C) Except as otherwise required in this rule, the requirements concerning owners of medical marijuana dispensaries only apply to a person with an aggregate ownership interest of ten per cent or more in a dispensary.

(D) The state board of pharmacy may, in its discretion, require an owner or person who exercises substantial control over a prospective or licensed dispensary, but who has less than a ten per cent ownership interest in the prospective or licensed dispensary, to comply with any of the provisions of this division concerning owners of medical marijuana dispensaries. The state board of pharmacy will notify the individual required to comply with the ownership provisions of this division when such a determination is made.

(E) All owners shall be associated key employees and must be licensed in accordance with rule 3796:6-2-07 of the Administrative Code.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.02, 3796.04 , 3796.10

3796:6-2-04 Medical marijuana dispensary license application evaluation.

(A) The board shall evaluate each complete application submitted in accordance with paragraph (C) of rule 3796:6-2-01 of the Administrative Code and award dispensary licenses on a competitive basis using the criteria set out in the notice for applications. The burden of proving an applicant's qualifications rests with the applicant.

(B) Incomplete applications shall not be evaluated.

(C) The board may request additional information the board determines is necessary to process and fully investigate an application;

(1) The applicant shall provide requested additional information by the close of business of the fifth business day after the request has been received by the applicant;

(2) If the applicant does not provide the requested information within five calendar days, the board shall consider the application to be an abandoned application

(D) Pursuant to division (B) of section 3796.10 of the Revised Code, the state board of pharmacy shall not consider any applicant for a dispensary provisional license that:

(1) Submits an application containing one or more associated key employees who pleaded guilty to or were convicted of a disqualifying offense. A dispensary may disassociate with a prospective associated key employee for failure to comply with Chapter 3796. of the Revised Code and this division only upon approval from the state board of pharmacy;

(2) Has an ownership interest or investment interest in a testing laboratory, an applicant for a license as a testing laboratory; or shares any corporate officers or employees with a testing laboratory or applicant for a testing laboratory;

(3) Is a physician with a certificate to recommend medical marijuana or such a physician has an ownership or investment interest in or a compensation arrangement with the applicant;

(4) Will be located within five hundred feet of a prohibited facility; or

(5) Is not in compliance with the applicable tax laws of this state or its political subdivisions; or is not in compliance with the applicable tax laws of any jurisdiction where the applicant has operated and conducted business within the last three years;

(E) Prior to scoring applications for a provisional license, the state board of pharmacy may deny a provisional license to any applicant who:

(1) Submits an incomplete, inaccurate, false, or misleading application;

(2) Knowingly employs a person who has been disciplined by the state board of pharmacy or any professional licensing board;

(3) Will be located within five hundred feet of a community addiction services provider under section 5119.01 of the Revised Code; or

(4) Fails to pay applicable fees.

(F) The state board of pharmacy shall review for a provisional license, the submitted applications consistent with this division of the Administrative Code, for each designated dispensary district established by the board. If there are an insufficient number of qualified applicants to award all the dispensary licenses available through the open application, the board may republish, in accordance with rule 3796:6-2-01 of the Administrative Code, a request for applications for dispensary provisional licenses in the applicable district.

(G) The board shall consider, but is not limited to, the following criteria in evaluating dispensary license applications:

(1) The character and fitness of the persons with an ownership interest in the dispensary, those with a financial interest and any other person who may have control or influence over the operation of the proposed dispensary;

(2) The location for the proposed dispensary including, but not limited to:

(a) Its proximity to previously approved dispensaries or pending dispensary applications;

(b) Whether the registered patient population in the area proposed by the dispensary license applicant justifies the need for a dispensary or an additional dispensary in that area; and

(c) Whether the number of dispensaries in the locality is such that the granting of a license is detrimental to the public interest. In reaching a conclusion in this respect, the state board of pharmacy may consider the population of, the number of like licenses and number of all licenses existent in, the particular town or neighborhood.

(3) The applicant's ability to demonstrate adequate ability to detect and deter the diversion, theft and loss of marijuana;

(4) The applicant's ability to maintain the knowledge, understanding, judgment, procedures, security controls, work environment, and ethics to ensure optimal safety and accuracy in the dispensing and sale of marijuana;

(5) Whether, pursuant to division (C) of section 3796.10 of the Revised Code, at least fifty-one percent of those who own and control the prospective dispensary are Blacks or African Americans, American Indians, Hispanics or Latinos, or Asians. For purposes of this rule, the definitions under paragraphs (A)(6) to (A)(9) of rule 123:2-15-01 of the Administrative Code shall apply; and

(6) The extent to which the applicant or any of the applicant's dispensary backers have a financial interest in another licensee, registrant or applicant under Chapter 3796. of the Revised Code.

(H) If there are more qualified applications than the number of licenses available and there is a numerical tie for the last provisional license to be issued, the last provisional license shall be awarded to the applicant with the highest score for security. If the security score is tied, the provisional license will be issued to the applicant with the highest patient education score. If the patient education score is tied, the provisional license will be issued to the applicant that will be located the greatest distance from another dispensary.

(I) Within ten business days of the board's decision, the board shall notify applicants who will be awarded a provisional license.

(J) If an applicant has been awarded a provisional license and has not commenced operation of such facility within one hundred eighty calendar days of being notified of the provisional license award, the board may, in its discretion, rescind such provisional license, unless the delay was caused by a force majeure.

(1) A dispensary shall be deemed to have commenced operation if the dispensary is capable of operating in accordance with the dispensary applicant's approved application, as deemed appropriate by the state board of pharmacy, and passes final inspection by the state board of pharmacy in accordance with rule 3796:6-2-06 of the Administrative Code.

(2) In the event a provisional license is rescinded pursuant to this paragraph the board shall award a provisional license by selecting the highest scored applicant from among the qualified applicants who applied for the provisional license in the applicable district.

(3) If no other qualified applicant applied for such provisional license or satisfied the criteria for awarding a license, the board may republish, in accordance with this chapter, a request for applications for dispensary provisional licenses in the applicable district.

(K) A provisional license issued under this rule is exclusive to the entity and location identified in the application and is non-transferrable.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.02, 3796.04 , 3796.10

3796:6-2-05 Number of dispensary provisional licenses.

(A) Until September 8, 2018 and in consideration of ranking of the applicants in accordance with section 3796.10 of the Revised Code and this chapter, the state board of pharmacy may issue up to sixty dispensary provisional licenses.

(B) After September 8, 2018 and in accordance with division (B) of section 3796.05 of the Revised Code, the state board of pharmacy shall consider the population of this state, the number of patients seeking to use medical marijuana and the geographic distribution of dispensary sites in an effort to ensure patient access to medical marijuana. The state board of pharmacy shall consider these factors at least once each biennial licensing term to determine whether a sufficient number of medical marijuana dispensaries exist.

(C) If additional licenses are deemed necessary, the state board of pharmacy will follow the procedures to issue a request for applications under rule 3796:6-2-01 of the Administrative Code.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.02, 3796.04 , 3796.05, 3796.10

3796:6-2-06 Final inspection and certificate of operation for medical marijuana dispensaries.

(A) A dispensary with a provisional license shall notify the board once it is capable of operating in accordance with Chapter 3796. of the Revised Code and this division, and before dispensing any medical marijuana. A dispensary must name a designated representative, in compliance with rule 3796:6-3-05 of the Administrative Code and attest that fingerprint impressions for a criminal background check pursuant to rule 3796:6-2-07 of the Administrative Code have been submitted, before such notification.

(B) Within fourteen calendar days of notification an inspection of the dispensary shall be conducted in order to confirm that the dispensary is capable of operating in accordance with Chapter 3796. of the Revised Code and this division.

(C) After receiving notice of a satisfactory final inspection from the state board of pharmacy, the dispensary shall submit to the state board of pharmacy:

(1) An intent to operate form in accordance with section 3796.04 of the Revised Code;

(2) A copy of the dispensary's final inspection; and

(3) Payment of the fee for a two-year certificate of operation.

(D) A dispensary may begin dispensing medical marijuana only after receipt of a medical marijuana dispensary license issued by the state board of pharmacy.

(E) If a satisfactory final inspection is not issued by the state board of pharmacy, the dispensary will be notified of necessary corrective actions. Such corrections must be made within thirty calendar days of receipt of notification of necessary corrections. Failure to correct within thirty calendar days may result in forfeiture of a provisional license.

(F) A certificate of operation shall allow the licensed dispensary to operate at a single location. No owner, as defined under rule 3796:6-2-03 of the Administrative Code, shall be issued more than five dispensary certificates of operation at any time, unless authorized by the state board of pharmacy after an analysis supporting the licensing of greater than sixty dispensaries pursuant to rule 3796:6-2-05 of the Administrative Code.

(G) A dispensary certificate of operation is valid only for the collective owners, as defined under rule 3796:6-2-03 of the Administrative Code, premises and name designated on the certificate of operation and location for which it is issued. A dispensary licensee may not transfer or assign a certificate of operation, except as otherwise provided in this division.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.02, 3796.04 , 3796.10

3796:6-2-07 Licensing of medical marijuana dispensary associated key employees and dispensary key employees.

(A) An applicant for a dispensary associated key employee license shall submit, with the dispensary license application or renewal application, a completed associated key employee application form in accordance with section 3796.12 of the Revised Code, which can be accessed by visiting www.medicalmarijuana.ohio.gov.

(B) Each person seeking to be licensed as a dispensary key employee shall submit a completed dispensary key employee application form in accordance with section 3796.12 of the Revised Code, which can be accessed by visiting www.medicalmarijuana.ohio.gov.

(C) The following must be included with a dispensary associated key employee or key employee license application:

(1) A head and shoulders photograph captured within the previous six months, which shall be two inches tall by two inches wide;

(2) The name of the dispensary employing the applicant;

(3) A copy of the applicant's unexpired driver's license, identification card issued by the Ohio bureau of motor vehicles (BMV) or the equivalent issued by another state, or United States passport or United States passport card;

(4) The applicant's full residential address;

(5) A sworn, notarized statement that the applicant has not been convicted of a disqualifying offense in any jurisdiction;

(6) The applicant's social security number;

(7) Required fee. Any person applying for an initial associated key employee license, shall pay the required fee no later than thirty days after the award of a provisional license to the dispensary applicant to which the person is associated; and

(8) Any additional information required by the state board of pharmacy in the licensing process.

(D) Pursuant to division (B)(1) of section 3796.12 of the Revised Code, prospective dispensary associated key employees and prospective dispensary key employees must submit fingerprint impressions to the bureau of criminal identification and investigation (BCI&I) for a criminal records check of the applicant.

(E) Pursuant to division (B)(2) of section 3796.12 of the Revised Code, the person subject to the criminal records check shall submit both a BCI&I criminal records check and a federal bureau of investigation (FBI) criminal records check.

(F) BCI&I shall send the results of the BCI&I and FBI criminal records checks directly to the state board of pharmacy. The state board of pharmacy requires that the criminal records check:

(1) Be based on electronic fingerprint impressions that are submitted directly to BCI&I from a "WebCheck" provider agency located in Ohio. The state board of pharmacy may accept the results of a criminal records check based on ink impressions from a "WebCheck" provider agency only if readable electronic fingerprint impressions cannot be obtained, or if submission of ink impressions is otherwise authorized by BCI&I.

(2) Results will only be considered valid if the fingerprint impressions were obtained within the twelve-month period immediately preceding the application date.

(G) An applicant may submit fingerprint impressions for a criminal records check any time after he or she has submitted a licensure application on a form in accordance with section 3796.12 of the Revised Code and paid the requisite fee to the state board of pharmacy.

(H) After the board receives the results from both required criminal records checks, the licensing process will proceed. Criminal records check results received by the state board of pharmacy within three months after the submission of a completed application will not be considered abandoned.

(I) If a dispensary associated key employee or key employee license has lapsed, the applicant shall submit to a criminal records check that meets the criteria prescribed in this rule.

(J) Every applicant for a dispensary associated key employee license shall comply with Chapter 3796. of the Revised Code and this division and be included on the dispensary license application or renewal application. A dispensary wishing to add a dispensary associated key employee who is not included in the dispensary license application or renewal application, or who did not submit with the dispensary application the required items under this rule, shall apply for a change of ownership pursuant to rule 3796:6-2-12 of the Administrative Code and remit the required fee.

(K) Applicants acting in compliance with this rule who meet the requirements of Chapter 3796. of the Revised Code and this division, who do not have a disqualifying offense on their record, and who remit the required fee will be issued the applicable dispensary associated key or dispensary key employee card.

(L) Except as authorized under paragraph (B) of rule 3796:6-2-09 of the Administrative Code, dispensary associated key employee and dispensary key employee licenses are non-transferrable and shall expire upon the occurrence of any of the following conditions:

(1) At the conclusion of the biennial term indicated on the dispensary certificate of operation;

(2) When the key employee is no longer employed by the licensed dispensary identified on the key employee's application; or

(3) When the licensed dispensary ceases to maintain its certificate of operation.

(M) Dispensary associated key employees seeking to renew their license shall include all applicable information requested as part of the dispensary renewal application under rule 3796:6-2-10 of the Administrative Code. The following must be included with the renewal application:

(1) A head and shoulders photograph captured within the previous six months, which shall be two inches tall by two inches wide;

(2) The applicant's full residential address;

(3) A sworn, notarized statement that the applicant has not been convicted of a disqualifying offense in any jurisdiction;

(4) The required fee; and

(5) Any additional information required by the state board of pharmacy in the licensing process.

(N) At least thirty calendar days before the expiration of a dispensary key employee's biennial license, the key employee shall request, on a form in accordance with division (B)(2) of section 3796.12 of the Revised Code, the state board of pharmacy renew the key employee license. The following must be included with the renewal application:

(1) A head and shoulders photograph captured within the previous six months;

(2) The applicants full residential address;

(3) A sworn, notarized statement that the applicant has not been convicted of a disqualifying offense in any jurisdiction;

(4) The required fee; and

(5) Any additional information required by the state board of pharmacy in the licensing process.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.04 , 3796.12, 4776.02

3796:6-2-08 Licensing of medical marijuana dispensary support employees.

(A) Each person seeking to licensed as a dispensary support employee shall submit a completed dispensary support employee application form in accordance with section 3796.13 of the Revised Code, which can be accessed by visiting www.medicalmarijuana.ohio.gov.

(B) The following must be included with a dispensary support employee license application:

(1) A head and shoulders photograph captured within the previous six months;

(2) The name and license number of the dispensary employing the applicant;

(3) The printed name, license number, and signature of the designated representative for the dispensary employing the applicant;

(4) A copy of the applicant's unexpired driver's license, identification card issued by the Ohio bureau of motor vehicles (BMV) or the equivalent issued by another state, or United States passport or United States passport card;

(5) The applicant's full residential address;

(6) A sworn, notarized statement that the applicant has not been convicted of a disqualifying offense in any jurisdiction;

(7) The applicant's social security number; and

(8) Any additional information required by the state board of pharmacy in the licensing process.

(C) Pursuant to section 3796.13 of the Revised Code, prospective dispensary support employees must submit fingerprint impressions to the bureau of criminal identification and investigation (BCI&I) for a criminal records check of the applicant.

(D) Pursuant to section 4776.02 of the Revised Code, the criminal records check performed by BCI&I shall consist of both a BCI&I criminal records check and a federal bureau of investigation (FBI) criminal records check. BCI&I shall send the results of the BCI&I and FBI criminal records checks directly to the state board of pharmacy.

(E) The state board of pharmacy requires that the criminal records check:

(1) Be based on electronic fingerprint impressions that are submitted directly to BCI&I from a "WebCheck" provider agency located in Ohio. The state board of pharmacy may accept the results of a criminal records check based on ink impressions from a "WebCheck" provider agency only if readable electronic fingerprint impressions cannot be obtained, or if submission of ink impressions is otherwise authorized by BCI&I.

(2) Results will only be considered valid if the fingerprint impressions were obtained within the twelve-month period immediately preceding the application date.

(F) An applicant may submit fingerprint impressions for a criminal records check any time after he or she has submitted a licensure application on a form in accordance with section 3796.13 of the Revised Code and paid the requisite fee to the state board of pharmacy.

(G) After the board receives the results from both required criminal records checks, the licensing process will proceed. Criminal records check results received by the state board of pharmacy within three months after the submission of a completed application will not be considered abandoned.

(H) If a dispensary support employee license has lapsed, the applicant shall submit to a criminal records check that meets the criteria prescribed in this rule.

(I) Applicants under this rule who meet the requirement of Chapter 3796. of the Revised Code and this division, who do not have a disqualifying offense on their record, and who submit the required fee will be issued a dispensary support employee card.

(J) Except as authorized under paragraph (B) of rule 3796:6-2-09 of the Administrative Code, a dispensary support employee license is non-transferrable and shall expire upon the occurrence of any of the following conditions:

(1) At the conclusion of the biennial term as indicated on the support employee's identification card;

(2) When the support employee is no longer employed by the licensed dispensary identified on the support employee's application; or

(3) When the licensed dispensary identified on the support employee's application ceases to maintain its certificate of operation.

(K) At least thirty calendar days before the expiration of a dispensary support employee's biennial license, the dispensary identified on the support employee's application shall request, on a form in accordance with division section 3796.13 of the Revised Code, the state board of pharmacy renew the support employee license. The following must be included with the renewal application:

(1) A head and shoulders photograph captured within the previous six months;

(2) The applicant's full residential address;

(3) A sworn, notarized statement that the applicant has not been convicted of a disqualifying offense in any jurisdiction;

(4) The required fee; and

(5) Any additional information required by the state board of pharmacy in the licensing process.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.04 , 3796.13, 4776.02

3796:6-2-09 Medical marijuana dispensary employees generally.

(A) All dispensary associated key employees, key employees and support employees are employees of a dispensary and shall hold an employee license issued by the state board of pharmacy. No licensed dispensary shall allow a person to begin work at the dispensary before receiving an employee license by the state board of pharmacy. No person with a lapsed employee license shall work at a dispensary.

(B) A dispensary employee license issued by the state board of pharmacy shall authorize the dispensary employee to work at any dispensary issued a certificate of operation to the same collective owners. For purposes of this paragraph, "owner" has the same meaning as defined under rule 3796:6-2-03 of the Administrative Code.

(C) Every applicant for a dispensary employee license shall comply with Chapter 3796. of the Revised Code and this division and be twenty-one years of age or older.

(D) It is the responsibility of each dispensary employee to notify the state board of pharmacy of an employee's change in address and/or change in name with thirty calendar days of that change.

(E) A licensed dispensary employee shall receive written or electronic notice ninety days before the expiration of the individual's dispensary employee license.

(F) Before dispensing any medical marijuana, dispensary employees who are permitted, pursuant to division (A)(15) of section 4729.80 of the Revised Code to obtain information from the drug database and whose responsibilities require drug database access must:

(1) Complete a request form giving such information as required by the board of pharmacy;

(2) Submit the completed form to the board of pharmacy in person, by mail, or by other board approved means.

(G) Upon termination of employment or when a dispensary employee otherwise ceases to be employed with a dispensary, the employee identification card issued by the state board of pharmacy shall be immediately returned to the dispensary. The dispensary shall ensure the return of the dispensary employee identification card to the state board of pharmacy within ten business days of the termination or when the dispensary employee otherwise ceases to be employed by the dispensary.

(H) All dispensary employee applicants must consent to be enrolled in the Ohio attorney general's retained applicant fingerprint database ("Rapback"), if available for dispensary employees.

(I) A dispensary shall not employ any person who has been convicted of a felony relating to controlled substances, or who, at any time, has had a drug enforcement administration registration or any license or registration from a licensing agency under Chapter 4776. of the Revised Code, denied, revoked, or surrendered for cause. "For cause" means surrendering a registration in lieu of, or as a consequence of, any federal or state administrative, civil, or criminal action resulting from an investigation of the individual's handling of controlled substances.

(J) The reporting by an employee of a concern about compliance with or suspected violations of any state or federal regulation, including Chapter 3796. of the Revised Code and this division, shall not constitute independent cause for revoking or denying an employee license. An applicant who had his or her employee license revoked or suspended due to his or her employer's revocation or suspension of a provisional license or certificate of operation shall not be prohibited from obtaining an employee license authorizing employment by another medical marijuana entity, if the suspension or revocation of the provisional license or certificate of operation was a result of the applicant reporting an incident or violation of any state or federal law, including Chapter 3796. of the Revised Code and this division.

(K) A dispensary employee shall report to the state board of pharmacy a conviction of any offense and/or any arrest or charges pending of a felony or misdemeanor, other than a traffic violation or disqualifying offense in any jurisdiction, within fourteen calendar days of the conviction or arrest.

(L) A dispensary employee shall promptly report, within five calendar days, to the dispensary designated representative and to the state board of pharmacy:

(1) An arrest and any subsequent conviction of a disqualifying offense;

(2) Any change in information provided in a pending application for an employee identification card or renewal;

(3) Knowledge that an employee dispensary identification card has been lost or stolen. Such employee shall submit or cause to be submitted a request for a replacement identification card and required fee.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.04 , 3796.12, 3796.13, 4729.771, 4729.80, 4729.84

3796:6-2-10 Medical marijuana dispensary certificate of operation renewal.

(A) Every dispensary certificate of operation issued pursuant to this division shall expire on the date identified on the certificate.

(B) A licensed medical marijuana dispensary shall receive written or electronic notice ninety days before the expiration of its certificate of operation.

(C) Every dispensary issued a certificate of operation pursuant to this division shall submit the following to the state board of pharmacy at least forty-five days prior to the date the existing certificate expires:

(1) A medical marijuana dispensary renewal application;

(2) A roster that includes all the dispensary's dispensary employees' names and dispensary employee license number; and

(3) The applicable fees and;

(4) Any additional information required by the state board of pharmacy in the licensing process.

(D) If the premises on which the dispensary operates are leased, the renewal application must include an attestation that the premises identified on the application have been leased for the following two-year licensing term and is not subject to any contractual restrictions that would prevent it from operating in compliance with Chapter 3796. of the Revised Code and this division.

(E) If the dispensary is operated in compliance with Chapter 3796. of the Revised Code and this division, and the renewal fee is paid, the state board of pharmacy shall renew the certificate of operation within forty-five days after the renewal application is received. Upon receipt of a renewal application, the state board of pharmacy shall consider:

(1) The dispensary's history of compliance with regulations promulgated under this division of the Administrative Code;

(2) The number and severity of any violations;

(3) The correction of violations, penalties, or other enforcement actions; and

(4) Any additional criteria deemed necessary by the state board of pharmacy.

(F) The state board of pharmacy may deny a dispensary certificate of operation renewal application due to:

(1) Failure to pay the renewal fee;

(2) Poor compliance history;

(3) Criminal violations with a nexus to the dispensary's operation;

(4) Discipline issued for violations of Chapter 3796. of the Revised Code or this division; or

(5) Any additional criteria deemed applicable by the state board of pharmacy.

(G) If a dispensary certificate of operation renewal application is not filed prior to the expiration date of the dispensary's certificate, the certificate shall be suspended for a maximum of thirty days. A dispensary shall not purchase, receive, sell, or dispense any medical marijuana while under a suspended certificate of operation. After thirty days, the certificate will be deemed expired if the dispensary has not successfully renewed the certificate of operation, including the payment of all applicable fees and the state board of pharmacy shall not renew the certificate of operation.

(H) A dispensary shall not purchase, receive, possess, sell, or dispense any medical marijuana without a valid, unexpired certificate of operation issued by the state board of pharmacy. Such activity is unlicensed and may subject the dispensary to discipline under this division.

(I) If a renewal application and all applicable fees are submitted to the board after a suspension period pursuant to paragraph (G) of this rule, the board shall not renew such certificate. A dispensary that allowed its license to lapse and wishes to again operate as a licensed dispensary under Chapter 3796. of the Revised Code and this division shall apply for a license in accordance with rules 3796:6-2-01 and 3796:6-2-02 of the Administrative Code.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.02, 3796.04 , 3796.10

3796:6-2-11 Medical marijuana dispensary - license bond.

(A) For the purposes of this rule, a bond is a requirement for the issuance of a dispensary license, the maintenance of a certificate, or reactivation of a license. The bond shall be used to guarantee that the dispensary complies with state tax requirements and conducts the dispensary operations in accordance with Chapter 3796. of the Revised Code and this division.

(B) Evidence of financial responsibility shall be provided by one of the following:

(1) Establishing and maintaining an escrow or surety account in an Ohio financial institution in the amount of fifty thousand dollars, with escrow terms, approved by the state board of pharmacy, that it shall be payable to the treasurer, state of Ohio, in the event of circumstances provided in paragraph (A) of this rule. A financial institution may not return money in an escrow or surety account to the dispensing organization that established the account or a representative of the organization unless the organization or representative presents a statement issued by the state board of pharmacy indicating that the account may be released.

(2) Providing a surety bond in the amount of fifty thousand dollars, naming the dispensing organization as principal of the bond, with terms, approved by the state board of pharmacy, that the bond defaults to the state board of pharmacy in the event of circumstances outlined in paragraph (A) of this rule. Bond terms include:

(a) The bond must be written by a surety company authorized and licensed through the state of Ohio;

(b) The business name and registration number on the bond must correspond exactly with the business name and registration number in the state board of pharmacy's records;

(c) The bond must be written on a form approved by the state board of pharmacy;

(d) A copy of the bond must be received by the state board of pharmacy within ninety days after the effective date of the provisional license;

(e) The state board of pharmacy shall receive written notice within thirty calendar days of when a dispensary knows a bond will be canceled. If a bond is canceled and the licensee fails to file a new bond with the state board of pharmacy in the required amount on or before the effective date of cancellation, the license may be revoked. The total and aggregate liability of the surety on the bond is limited to the amount specified by the bond.

(3) The provisions of this rule shall be operative at all times during which a bond, escrow account, or surety account are available in the market place.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.02, 3796.04 , 3796.10

3796:6-2-12 Change in dispensary ownership.

(A) Only a dispensary that has engaged in medical marijuana dispensing under a certificate of operation for a continuous twelve-month period is eligible to apply for a change of ownership.

(B) All prospective new owners must be included in the change of ownership application, on a form in accordance with section 3796.10 of the Revised Code, and comply with record check requirements set forth in paragraphs (D) to (G) of rule 3796:6-2-07 of the Administrative Code and remit the required fee to become licensed as an associated key employee.

(C) Any change in ownership, business or tradename of a medical marijuana dispensary requires a new application, required fee and a license. The new application and required fee shall be submitted within thirty calendar days of any change in the ownership, business, or tradename. A change of ownership includes any of the following:

(1) A change of controlling interest of ten percent or more of a licensed corporation's outstanding shares of voting stock;

(2) Any business entity change from its original form as licensed to a sole proprietor ownership, partnership, limited liability company, corporation, or any other business entity;

(3) An existing corporation ceases to exist and a new corporation or other business entity is formed;

(4) An existing corporation continues and there is a one hundred percent stock purchase by another corporation or other business entity;

(5) Two wholly-owned subsidiaries of a parent company are merged;

(6) A currently licensed dispensary is purchased or operated by a different business entity than what is listed on the original application, even if the location maintains the original "doing business as" (DBA); or

(7) Any partnership change other than that which was originally licensed.

(a) A partnership change is deemed to have occurred when:

(i) There is an addition or removal of one or more partners in a partnership to which a license is issued.

(ii) The entity is sold and the sale becomes final.

(b) For partnerships, a transfer of a proportion of ownership among existing partners is not a change of ownership, if there is no addition or removal of a partner.

(D) If any change in ownership in accordance with paragraph (C) of this rule results in a new or different DBA, or a new or different employer identification number (EIN), a new application fee, new certificate of operation fee and new license number are required.

(E) Any change of ownership set forth in paragraphs (C)(2), (C)(3), and (C)(4) of this rule or as otherwise determined by the state board of pharmacy, shall require the state board of pharmacy to issue a new license number and shall require the submission of a new application fee and new certificate of operation fee.

(F) In evaluating an application submitted under this chapter, the state board of pharmacy may consider as evidence and may deny issuance of such licensure, if:

(1) The ownership has been transferred from a licensee whose license was revoked or disciplined by the state board of pharmacy or any other professional licensing agency to the spouse or other family member; or

(2) The ownership has been transferred from a licensee whose license has been revoked or disciplined by the state board of pharmacy or any other licensing board to another who employs the former owner or who allows the former owner to remain associated with the dispensary.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.02, 3796.04 , 3796.10, 3796.12

3796:6-2-13 Request to relocate a dispensary.

(A) A dispensary may relocate in the district where the dispensary is licensed. To relocate a dispensary, the dispensary must submit an application requesting the change and the relocation fee to the state board of pharmacy. Pursuant to division (B) of section 3796.05 of the Revised Code, the state board of pharmacy shall consider the following in evaluating a dispensary's request to relocate:

(1) The population of this state;

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

(3) The geographic distribution of dispensary sites to ensure patient access to medical marijuana.

(B) The new dispensary location shall be in the same dispensary district as the existing location and meet all the requirements set forth in Chapter 3796. of the Revised Code and this division of the Administrative Code.

(C) If the information and documents submitted by the dispensary comply with Chapter 3796. of the Revised Code and this rule, and the proposed location is acceptable to the state board of pharmacy, the state board of pharmacy will issue a provisional license to relocate. The dispensary may continue to operate at the existing location, until the new location receives its certificate of operation. The dispensary may not dispense medical marijuana in two locations under the same certificate of operation number.

(D) Once the new dispensary location is complete, the dispensary shall notify the state board of pharmacy and request an inspection to be completed in the same manner as described under rule 3796:6-2-06 of the Administrative Code.

(E) Prior to issuing a certificate of operation, the state board of pharmacy will inspect the dispensary to confirm compliance with Chapter 3796. of the Revised Code and this division. Final approval for the dispensary to operate will be issued by the state board of pharmacy only after the completion of a successful inspection.

(F) A dispensary shall not dispense medical marijuana at the new location until the state board of pharmacy approves the dispensary and issues an amended certificate of operation noting the new location. The amended certificate of operation will not be valid until the preceding certificate of operation is returned to the state board of pharmacy.

(G) Once the state board of pharmacy has issued an amended certificate of operation, the dispensary shall notify the state board of pharmacy of the dispensary opening date.

(H) The certificate of operation that includes the new address shall retain the expiration date of the previously issued certificate.

(I) An application for a relocation of a dispensary may not be combined with an application for renewing a dispensary certificate of operation. The state board of pharmacy shall process each application separately.

(J) Should the dispensary relocate, it shall inform its existing patients of the new dispensary location in writing at least ninety calendar days prior to the relocation.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.02, 3796.04 , 3796.05. 3796.10

3796:6-2-14 Procedure for discontinuing business as a medical marijuana dispensary.

(A) A dispensary that plans to discontinue business activities shall file a written notice with the board of pharmacy. The written notice shall be submitted to the board of pharmacy in person, by registered or certified mail, return receipt requested, or other means of communication approved by the state board of pharmacy, at least fourteen calendar days in advance of the proposed date of discontinuing business. This notice shall include the following information:

(1) The name, address, and dispensary certificate of operation number of the licensee discontinuing business;

(2) The time, date and licensed employees who will destroy the remaining stock of medical marijuana and medical marijuana products;

(3) The name and address where the records of purchasing and dispensing will be kept in conformance with rule 3796:6-3-17 of the Administrative Code; and

(4) The proposed date of discontinuing the business.

(B) A licensed dispensary that is discontinuing its business may negotiate with a licensed processor for a one-time transfer of remaining medical marijuana inventory to another licensed dispensary. Such transfer and sale must be appropriately reflected in the state inventory tracking system.

(C) Upon discontinuing a business, the licensee must return to the board of pharmacy, in person or by registered mail, return receipt requested, the medical marijuana dispensary certificate of operation and all dispensary employee cards for cancellation.

(D) Storage and transfer of records. If a dispensary closes due to insolvency, revocation, bankruptcy, or for any other reason, all records must be preserved at the expense of the dispensary for at least three years in a form and location in Ohio that is acceptable to the state board of pharmacy. The dispensary shall keep the records longer if requested by the state board of pharmacy. The dispensary shall notify the state board of pharmacy of the location where the dispensary records are stored or transferred.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.02, 3796.04 , 3796.10