Rule 1301:18-3-01 | Cannabis Entity Distance from Prohibited Facilities.
(A) Unless otherwise authorized pursuant to this rule, no cultivator, processor, testing laboratory, or dispensary shall be located within five hundred feet of the end boundaries of a parcel of real estate having situated on it a prohibited facility, as defined by rule 1301:8-1-01 of the Administrative Code.
(B) To determine compliance with paragraph (A) of this rule, the following applies:
(1) The distance shall be measured linearly; and
(2) The measurement shall occur at the shortest distance between the parcel line of the prohibited facility and the physical structure under the control of the cannabis facility.
(C) Paragraph (A) of this rule does not apply to the following:
(1) Cannabis entities issued a certificate of operation pursuant to Chapter 3796. of the Revised Code for the same licensed premises; and
(2) Any state university, academic medical center, or private research and development organization conducting research related to cannabis pursuant to research protocol approved by an institutional review board or equivalent entity.
(D) The division shall deny a request for a change in location or a request for cultivation area expansion that violates this rule.
A licensed entity that is issued a denial pursuant to this paragraph may submit a subsequent request for a change of location or cultivation area expansion that conforms with the mandates of this rule.
(E) An entity licensed pursuant to these rules may continue to operate in the event a prohibited facility is established within five hundred feet of the facility subsequent to the issuance of a provisional license or certificate of operation, provided the entity does the following:
(1) Notifies the division in writing; and
(2) Submits to the division any necessary modifications to ensure ongoing facility security and surveillance and public safety for review and approval.
Last updated October 31, 2024 at 9:34 AM
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