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.

Cite as Ohio Admin. Code 3796:6-2-13

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