3796:6-3-02 Dispensary premises generally.

(A) The premises of a dispensary shall be located within Ohio.

(B) Pursuant to section 3796.30 of the Revised Code, no dispensary shall be located within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park.

(C) In addition to the limitations on a dispensary location pursuant to paragraph (B) of this rule, a dispensary shall not be located within five hundred feet of a community addiction services provider as defined under section 5119.01 of the Revised Code.

(D) The dispensary shall be equipped as to land, buildings, and equipment to properly carry on the business of a medical marijuana dispensary.

(E) The dispensary certificate of operation shall be prominently displayed at the location where the licensee is authorized to operate.

(F) The premises and operations of a licensee shall conform to all relevant fire codes, local zoning and planning requirements.

(G) It is the responsibility of a dispensary's associated key employees to promptly notify the state board of pharmacy of any change of the principal place of business.

(H) No major renovation or modification shall be undertaken without notification to and inspection and approval from the state board of pharmacy and submittal of the required fee. Such renovations include, but are not limited to:

(1) New facilities to be constructed or used for medical marijuana; and

(2) Work or storage areas to be constructed or used for medical marijuana.

(I) All lighting outside and inside of a dispensary location must be maintained in good working order and wattage sufficient for clear security and surveillance.

(J) A dispensary shall ensure that any building or equipment used by a dispensary for the storage or sale of medical marijuana is maintained in a clean and sanitary condition.

(K) Each dispensary that sells edible medical marijuana products shall display a placard that states the following: "Edible medical marijuana products were produced in a kitchen, not subject to public health inspections, that may also process common food allergens."

(1) The placard shall be no smaller than twenty-four inches tall by thirty-six inches wide, with typed letters no smaller than two inches.

(2) The placard shall be clearly visible and readable by customers and shall be written in English.

(3) The signage shall be placed in the area where edible medical marijuana products are sold, and may be translated into additional languages as needed.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.04 , 3796.30