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

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