(A) Only a provisional dispensary
licensee who 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) The board will not consider an
incomplete application submitted in response to a request for applications
issued pursuant to rule 3796:6-2-01 of the Administrative Code. To be
considered complete, an application submission shall include all the
following:
(1) The completed payment
of 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 provisional dispensary applicant, as
reflected in the articles of incorporation or other documents filed with the
secretary of state;
(b) The type of business organization of the provisional
dispensary applicant, such as individual, corporation, partnership,
limited-liability company, association or cooperative, joint venture or any
other business organization;
(c) Confirmation that the provisional dispensary applicant has
registered with the Ohio secretary of state as the applicable type of
business;
(d) A copy of the provisional dispensary applicants
articles of incorporation, articles of organization or partnership or joint
venture document of the provisional dispensary applicant;
(e) The physical address where the proposed dispensary will be
located;
(f) The physical address of any co-owned or otherwise
affiliated marijuana entities, including both licensed and prospective
entities, including cultivators, processors, testing labs, dispensaries, or
applicants for any other such license or certificate;
(g) The mailing address of the provisional dispensary
applicant;
(h) The telephone number of the provisional dispensary
applicant;
(i) The electronic mail address of the provisional
dispensary applicant;
(j) Proof establishing that the provisional dispensary 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 dispensary license is issued to the
applicant;
(k) A professionally prepared survey 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) An opioid treatment
program as defined in rule 4729:5-21-01 of the Administrative
Code.
(l) Notwithstanding rule 3796:5-5-01 of the Administrative
Code, five hundred feet will be measured using the shortest distance between
the closest point of the external boundaries of a parcel of real estate having
situated on it any facility described in paragraph (B)(2)(k) of this rule and
the external boundaries of the parcel on which the prospective dispensary would
be situated.
(m) Evidence that the provisional dispensary applicant is
in compliance with all local ordinances, rules, or regulations adopted by the
locality where the provisional dispensary applicants property is
located, which are in effect at the time of the application, including copies
of any required local registration, license, or permit of the locality where
the provisional dispensary applicant's property is located.
(n) The signature of an authorized natural person on behalf
of the provisional dispensary applicant 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 provisional dispensary license is true and correct at the
time of signing.
(3) A tax authorization
form on behalf of the business, any owner as defined in rule 3796:6-2-03 of the
Administrative Code, and any other associated key employee as determined by the
board of pharmacy.
(4) Financial statements
demonstrating the provisional dispensary applicant has adequate liquid assets
to cover all expenses and costs identified in paragraphs (B)(8) and (B)(9) of
this rule, but no less than two hundred fifty thousand dollars, whichever is
higher, for each license the provisional dispensary applicant is willing to
accept.
(a) Such liquid assets shall be unencumbered and capable of
being converted to cash within thirty days after a request to liquidate such
assets. To demonstrate liquidity, the application shall include the
following:
(i) Account statements
dated no earlier than thirty days prior to the date the application was
submitted, from an institution in this state, or any other state in the United
States, United States territory, or the District of Columbia.
(ii) 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 provisional
dispensary applicant in the event that a dispensary license is awarded to the
applicant.
(b) The use of funds from sources not disclosed in the
application is prohibited unless the applicant obtains approval from the
board.
(5) The description of
the proposed organizational structure of the provisional dispensary applicant,
including both of the following:
(a) An organizational chart showing all owners, officers, and
board members of the provisional dispensary applicant, irrespective of
ownership interest; and
(b) A list of all owners, officers and board members of the
provisional dispensary applicant that contains the following information for
each person:
(i) The current title of
that person;
(ii) The role the person
will serve in for the provisional dispensary applicant, if different from the
person's current title;
(iii) Whether the person
has served or is currently serving as an owner, officer or board member for
another 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 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 provisional dispensary applicant;
and
(vii) Whether the person
has an ownership interest or financial interest in any other marijuana
entity.
(6) Each owner, officer
and board member of the provisional dispensary applicant must submit to a
criminal records check in accordance with rule 3796:6-2-07 of the
Administrative Code.
(7) Site-specific plans
showing the interior and exterior of the proposed medical marijuana dispensary,
drawn to scale with square footage clearly illustrated. The site-specific plans
shall be prepared and certified by the contractor or architect responsible for
the project. The site-specific plans shall include and identify all of the
following:
(a) The dispensary department;
(b) Restricted access areas;
(c) Waiting room(s);
(d) Patient care areas or other areas designated for
patient and caregiver consultation and instruction;
(e) An enclosed delivery bay or other equally secured
delivery area as approved by the board where medical marijuana deliveries will
be made pursuant to a standard operating procedure approved by the
board;
(f) A day-storage area with pass-through
window(s);
(g) A "mantrap" at any ingress/egress from the
dispensary department;
(h) A vault in conformance with C.F.R. 1301.72(a)(3)
(6/30/2021) and in a location not visible to the public; and
(i) Parking.
(8) A site-specific
construction or renovation budget and schedule demonstrating the applicant will
commence dispensary operations in accordance with rule 3796:6-2-04 of the
Administrative Code. The budget and schedule shall be prepared by the
contractor or architect responsible for the project.
(9) A budget for the
proposed dispensary identifying the projected costs to staff, equip, and
operate the medical marijuana dispensary for the following time
periods:
(a) From an award of the provisional dispensary license
until the issuance of the certificate of operation; and
(b) From the issuance of the certificate of operation until
not less than four months after receipt of the certificate of
operation.
(10) Any other
documentation required by the board to determine the provisional dispensary
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
calendar 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. All requests to withdraw an application shall be submitted in
writing. If the withdrawal of an application is granted due to a change in
federal, state, or local rules or regulations that would prohibit the proposed
dispensary from operating in compliance with representations made in the
provisional dispensary applications, the provisional dispensary applicant for
whom the withdrawal was granted shall be refunded any remitted application
fees.