Chapter 3796:6-2 | Generally

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

• Effective: September 8, 2017
• Promulgated Under: 119.03

(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.

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.02, 3796.04, 3796.10
Five Year Review Date: 3/7/2023

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

• Effective: September 10, 2021
• Promulgated Under: 119.03

(A) The board may award provisional dispensary licenses via competitive scoring, a drawing, or a combination of competitive scoring and drawing, as determined by the board, and described in a request for applications issued by the board pursuant to rule 3796:6-2-01 of the Administrative Code.

(B) Provisional dispensary licenses shall only be awarded after final approval by the board, which shall include an evaluation of the application and the applicant for the following:

(1) Compliance with Chapter 3796. of the Revised Code and the rules adopted thereunder;

(2) Compliance with the relevant request for applications issued by the board; and

(3) All license limitations, set forth in paragraph (C)(1) of this rule or otherwise specified by the board.

(C) If the board utilizes a drawing component in awarding provisional dispensary licenses:

(1) Provisional dispensary applicants may submit an unlimited number of applications except:

(a) Applications are site-specific and provisional dispensary applicants with any common ownership may not submit more than one application for the same parcel or any adjoining parcels;

(b) No owner, as defined in rule 3796:6-2-03 of the Administrative Code, may be issued more than five dispensary certificates of operation and/or provisional dispensary licenses at any time;

(c) No owner, as defined in rule 3796:6-2-03 of the Administrative Code, may be issued more than sixty-six per cent of the total number of dispensary certificates of operation and/or provisional dispensary licenses in a multi-license district; and

(d) Provisional dispensary applicants shall only be awarded the total number of provisional dispensary licenses for which they have adequate liquid assets, as demonstrated in the applications submitted to the board, pursuant to rule 3796:6-2-02 of the Administrative Code.

(2) If the number of provisional dispensary license applications submitted in a district is equal to or less than the number of available provisional dispensary licenses for that district, as described in the relevant request for applications, no drawing will be held and all provisional dispensary applications submitted for that district will be awarded a provisional dispensary license, subject to paragraph (B) of this rule.

(3) If the number of provisional dispensary license applications submitted in a district is greater than the number of available provisional dispensary licenses for that district, a drawing will be held in order to produce a randomly-ranked order list of all provisional dispensary license applications submitted for that district.

(a) The list shall include all provisional dispensary applications submitted for that district, subject to any automatic disqualifications as outlined in the relevant request for applications. Disqualified applications will not be included in the drawing.

(b) The order in which the district drawings will occur shall be listed in the relevant request for applications.

(c) The ranked order lists shall be used to award provisional dispensary licenses for each district, subject to paragraph (B) of this rule, until all available provisional dispensary licenses for that district are awarded.

(d) If, during the evaluation described in paragraph (B) of this rule, a provisional dispensary license application or applicant is found not to be eligible for licensure, the board will proceed to review the next provisional dispensary license application in the ranked order list. The evaluation process will continue until as many provisional dispensary license applications have been found eligible for licensure as provisional dispensary licenses are available for that district, subject to the board-approval described in paragraph (B) of this rule.

(D) If the board determines an owner will be limited in the number of provisional dispensary licenses pursuant to paragraph (C)(1) of this rule, the provisional dispensary licenses will be issued in the order in which they were drawn, or would have been drawn if a drawing had been held, consistent with paragraphs (C)(2) and (C)(3) of this rule.

(E) If more than one application identifies the same parcel for a proposed dispensary location, the highest ranked provisional dispensary application found to be eligible for licensure shall be awarded a provisional dispensary license.

(F) The burden of proving an applicant's qualifications rests with the applicant.

(G) 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 tenth calendar day after the request has been received by the applicant;

(2) If the applicant does not provide the requested information within ten calendar days, the board shall consider the application to be an abandoned application and will cease evaluation of the application.

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

(1) Submits an application containing one or more associated key employees who has a conviction for, judicial finding of guilt of, or plea of guilty to 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.

(I) The state board of pharmacy may deny a provisional dispensary 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 an opioid treatment program as defined in rule 4729:5-21-01 of the Administrative Code; or

(4) Fails to pay applicable fees.

(J) The state board of pharmacy shall review for a provisional dispensary 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 provisional dispensary licenses in the applicable district.

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

(L) Unless the provisional dispensary license holder has requested and received a variance in accordance with rule 3796:6-4-10 of the Administrative Code, the provisional dispensary licensee shall commence operations within two hundred and seventy days after the provisional dispensary licensee was issued a provisional dispensary license. Failure to commence operations within the requisite timeframe may result in the commencement of administrative action pursuant to Chapter 119. of the Revised Code, up to and including revocation of the provisional dispensary license.

(M) Every applicant awarded a provisional dispensary license shall provide a written report to the board of pharmacy no later than the first day of every month following the month the applicant was awarded a provisional dispensary license. The reports shall detail the progress of the applicant to become operational and shall be submitted until the medical marijuana dispensary receives a certificate of operation or the applicant receives a notice pursuant to section 119.07 of the Revised Code.

(N) An applicant awarded a medical marijuana dispensary license shall be deemed to have commenced operations if the medical marijuana dispensary is capable of operating in accordance with the information contained in the application and the licensee passes a final inspection by the state board of pharmacy in accordance with rule 3796:6-2-06 of the Administrative Code.

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

Last updated September 10, 2021 at 8:23 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.02, 3796.04, 3796.10
Five Year Review Date: 9/10/2026
Prior Effective Dates: 9/8/2017

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

• Effective: December 10, 2021
• Promulgated Under: 119.03

(A) 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.

(B) 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.

Last updated December 10, 2021 at 8:55 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.02, 3796.04, 3796.05, 3796.10
Five Year Review Date: 12/10/2026
Prior Effective Dates: 9/8/2017

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

• Effective: February 14, 2022
• Promulgated Under: 119.03

(A) A provisional dispensary licensee 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. Before such notification, the provisional dispensary licensee must:

(1) 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;

(2) Comply with the representations made in the application submitted by the provisional dispensary licensee that was awarded the provisional dispensary license.

(B) Within thirty 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 payment of the fee required under rule 3796:6-5-01 of the Administrative Code for a certificate of operation. The initial certificate of operation shall be effective from the date the certificate is issued until the expiration date of the first day of July of each odd-numbered year. Initial certificates of operation awarded on or after the first day of April of each odd-numbered year shall receive an expiration date of the first day of July of the next odd-numbered year.

(D) A dispensary may begin purchasing medical marijuana to be dispensed only after receipt of a medical marijuana dispensary certificate of operation 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.

(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.

(G) A 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 may not transfer or assign a certificate of operation, except as otherwise provided in this division.

Last updated February 14, 2022 at 8:57 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.02, 3796.04, 3796.10
Five Year Review Date: 2/14/2027

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

• Effective: February 14, 2022
• Promulgated Under: 119.03

(A) An applicant for a dispensary associated key employee or key employee license shall:

(1) Comply with all requirements set forth in Chapter 3796. of the Revised Code and the rules adopted thereunder;

(2) Comply with the criminal records check requirements in this rule;

(3) Be twenty-one years of age or older; and

(4) Submit a complete application, in a manner determined by the board, that includes all the following:

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

(b) 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, or other identification approved by the board of pharmacy;

(c) An acknowledgment that the applicant has not been convicted of a disqualifying offense in any jurisdiction;

(d) The required fee; and

(e) Any additional information or documentation required by the state board of pharmacy.

(B) 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 dispensary license to the provisional dispensary applicant to which the person is associated.

(C) Pursuant to division (B)(1) of section 3796.12 of the Revised Code, dispensary associated key employee and dispensary key employee applicants must submit fingerprint impressions to the bureau of criminal investigation (BCI) for a criminal records check of the applicant.

(D) 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 criminal records check and a federal bureau of investigation (FBI) criminal records check.

(E) BCI shall send the results of the BCI 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 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.

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

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

(G) 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.

(H) 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 conviction for, judicial finding of guilt of, or plea of guilty to a disqualifying offense, and who remit the required fee shall be issued the applicable dispensary associated key or dispensary key employee license. Any license issued pursuant to this rule shall be effective from the date the license is issued until the expiration date of the first day of July of each odd-numbered year. Initial licenses issued on or after the first day of April of each odd-numbered year shall receive an expiration date of the first day of July of the next odd-numbered year.

(I) 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-transferable and shall expire upon the occurrence of any of the following conditions:

(1) At the conclusion of the biennial term indicated on the dispensary associated key employee or key employee's license;

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

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

(J) A renewal application for an associated key employee or key employee license shall be submitted no later than the expiration date listed on the employee's biennial license. Renewal applications shall be accepted no earlier than ninety days prior to the expiration date on a date determined by the board's director of licensing.

(K) A dispensary associated key employee or dispensary key employee shall submit a renewal application in a manner determined by the board, that includes all of the following:

(1) An acknowledgement that the applicant does not have a conviction for, judicial finding of guilt of, or plea of guilty to a disqualifying offense;

(2) The required fee; and

(3) Any additional information or documentation required by the state board of pharmacy.

(L) A dispensary associated key employee or dispensary key employee license is valid until the expiration indicated on the employee's biennial license. A license that is not renewed by the expiration date is expired.

(M) A dispensary associated key employee or dispensary key employee who fails to renew their license in accordance with this rule is prohibited from engaging in the activities authorized by Chapter 3796. of the Revised Code and agency 3796 of the Administrative Code.

(N) A dispensary associated key employee or dispensary key employee with an expired license may apply to reinstate their license in accordance with this rule.

(O) 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.

Last updated September 30, 2024 at 11:04 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04, 3796.12, 4776.02
Five Year Review Date: 2/14/2027

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

• Effective: February 14, 2022
• Promulgated Under: 119.03

(A) An applicant for a dispensary support employee license shall:

(1) Comply with all requirements set forth in Chapter 3796. of the Revised Code and the rules adopted thereunder;

(2) Comply with the criminal records check requirements in this rule;

(3) Be twenty-one years of age or older; and

(4) Submit a complete application, in a manner determined by the board, that includes all the following:

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

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

(c) 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, or other identification approved by the board;

(d) An acknowledgment that the applicant has not been convicted of a disqualifying offense in any jurisdiction;

(e) The required fee; and

(f) Any additional information or documentation required by the state board of pharmacy.

(B) Pursuant to section 3796.13 of the Revised Code, dispensary support employee applicants must submit fingerprint impressions to the bureau of criminal investigation (BCI) for a criminal records check of the applicant.

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

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

(1) Be based on electronic fingerprint impressions that are submitted directly to BCI 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.

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

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

(F) Applicants under this rule who meet the requirement of Chapter 3796. of the Revised Code and this division, who do not have a conviction for, judicial finding of guilt of, or plea of guilty to a disqualifying offense, and who submit the required fee shall be issued a dispensary support employee license. Any license issued pursuant to this rule shall be effective from the date the license is issued until the expiration date of the first day of July of each odd-numbered year. Initial licenses issued on or after the first day of April of each odd-numbered year shall receive an expiration date of the first day of July of the next odd-numbered year.

(G) 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 license;

(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.

(H) A renewal application for a support employee license shall be submitted no later than the expiration date listed on the employee's biennial license. Renewal applications shall be accepted no earlier than ninety days prior to the expiration date on a date determined by the board's director of licensing.

(I) A dispensary support employee shall submit a renewal application, in a manner determined by the board, that inlcudes all the following:

(1) An acknowledgement that the applicant does not have a conviction for, judicial finding of guilt of, or plea of guilty to a disqualifying offense;

(2) The required fee; and

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

(J) A dispensary support employee license is valid until the expiration indicated on the employee's biennial license. A license that is not renewed by the expiration date is expired.

(K) An individual who fails to renew their license in accordance with this rule is prohibited from engaging in the activities authorized by Chapter 3796. of the Revised Code and agency 3796 of the Administrative Code.

(L) A dispensary support employee with an expired license may apply to reinstate their license in accordance with this rule.

(M) 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.

Last updated February 14, 2022 at 8:57 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04, 3796.13, 4776.02
Five Year Review Date: 2/14/2027

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

• Effective: December 10, 2021
• Promulgated Under: 119.03

(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 an expired 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) All licensed dispensary employees shall comply with Chapter 3796. of the Revised Code and this division.

(D) A licensed dispensary employee who changes their mailing or email address shall notify the state board of pharmacy of the new address within thirty calendar days of the effective date of such change.

(E) A licensed dispensary employee who has a legal change of name shall notify the state board of pharmacy within thirty calendar days of the effective date of such change. Such notification of a name change shall be accompanied by one of the following:

(1) A notarized affidavit;

(2) A certified copy of a court record; or

(3) A certified copy of a marriage certificate.

(F) Licensed dispensary employees whose responsibilites require obtaining information from the drug database must register for access as required by the state board of pharmacy, pursuant to division (A)(15) of section 4729.80 of the Revised Code.

(G) Upon termination of employment or when a dispensary employee otherwise ceases to be employed with a dispensary, the dispensary shall:

(1) Collect the employee identification card for destruction and disposal by the dispensary. The dispensary shall ensure the destruction of the dispensary employee identification card as soon as possible but no more than ten calendar days from the date of termination or separation.

(2) Submit a notice of separation to the board within ten calendar days of the termination or separation of the dispensary employee in a manner determined by the board.

(H) All dispensary employee applicants must consent to be enrolled in the Ohio attorney general's retained applicant fingerprint database ("Rapback"), or other third-party database, as determined by the state board of pharmacy, that monitors publicly available databases for arrests and criminal convictions.

(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.

Last updated December 10, 2021 at 8:55 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04, 3796.12, 3796.13, 4729.771, 4729.80, 4729.84
Five Year Review Date: 12/10/2026
Prior Effective Dates: 9/8/2017

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

• Effective: February 14, 2022
• Promulgated Under: 119.03

(A) Every dispensary certificate of operation issued pursuant to this division shall expire on the first day of July of every odd-numbered year regardless of the date on which the certificate of operation was renewed.

(B) 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 calendar days prior to the date the existing certificate expires:

(1) A completed medical marijuana dispensary renewal application;

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

(3) Documentation sufficient to establish that the applicant is in compliance with the applicable tax laws of this state;

(4) The required fee; and

(5) Any additional information or documentation required by the board.

(C) A renewal application shall be accepted no earlier than ninety days prior to the date the existing certificate expires on a date determined by the board's director of licensing.

(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) A dispensary is only permitted to renew its certificate of operation with the existing ownership and location as originally awarded with the certificate or any subsequent approval by the board. A dispensary that is eligible to apply for a change of ownership pursuant to rule 3796:6-2-12 of the Administrative Code or a relocation pursuant to rule 3796:6-2-13 of the Administrative Code must request such changes separate from the renewal application.

(F) 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, to be effective on the expiration date of the previous certificate of operation. 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.

(G) 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.

(H)

(1) A dispensary certificate of operation renewal application that is filed less than forty-five days prior to the expiration date of the dispensary's certificate will only be considered complete with the payment of the required late fee, in addition to the required application fee.

(2) The state board of pharmacy shall renew a dispensary's certificate of operation that files a renewal application less than forty-five days prior to the expiration date of the dispensary's certificate, subject to paragraph (F) of this rule, within thirty calendar days after the expiration date of the certificate.

(3) A dispensary certificate of operation that is not renewed by the expiration date shall be considered lapsed.

(4) A dispensary shall not purchase, receive, sell, or dispense any medical marijuana while the certificate of operation is lapsed.

(I)

(1) If a dispensary certificate of operation renewal application is not filed prior to the expiration date of the dispensary's certificate, the certificate of operation will be deemed expired.

(2) A dispensary shall not purchase, receive, possess, sell, or dispense any medical marijuana with an expired certificate of operation.

(3) A dispensary that allowed its certificate of operation to expire and wishes to resume operations 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.

Last updated February 14, 2022 at 8:57 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.02, 3796.04, 3796.10
Five Year Review Date: 2/14/2027
Prior Effective Dates: 9/8/2017

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

• Effective: December 10, 2021
• Promulgated Under: 119.03

(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 shall 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 or a request for a change of ownership. 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.

Last updated December 10, 2021 at 8:56 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.02, 3796.04, 3796.05. 3796.10
Five Year Review Date: 12/10/2026
Prior Effective Dates: 9/8/2017

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

• Effective: December 10, 2021
• Promulgated Under: 119.03

(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 at least thirty calendar days in advance of the proposed date of discontinuing business, unless waived by the board's executive director or the director's designee due to extraordinary circumstances beyond the licensee's control. 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 medical marijuana dispensary shall destroy the certificate of operation and all dispensary employee cards.

(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.

Last updated December 10, 2021 at 8:56 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.02, 3796.04, 3796.10
Five Year Review Date: 12/10/2026