Rule 1301:18-5-04 | Cultivation Area Expansion.
(A) A cultivator shall not expand its cultivation area without prior approval from the division of cannabis control.
(B) Upon utilization of the totality of its cultivation area, a cultivator may apply in a manner prescribed by the division for an initial cultivation area expansion subject to the following restrictions:
(1) A level I cultivator may request to expand up to one hundred thousand square feet;
(2) A level II cultivator may request to expand up to fifteen thousand square feet; and
(3) A cultivator's total cultivation area is calculated per license, regardless of whether a cultivator is approved for an expansion at more than one location.
(C) Prior to expanding its cultivation area, a cultivator shall submit in a manner prescribed by the division the following:
(1) A complete and accurate application on a form prescribed by the division evidencing the following:
(a) The proposed location of expanded cultivation area;
(b) The associated plans and specifications for the proposed expansion that includes:
(i) Plans and specifications for the proposed expansion in compliance with division 1301:18 of the Administrative Code;
(ii) A timeline for completion of the proposed expansion, which, if approved, will become a mandatory condition; and
(iii) Evidence that the cultivator has a history of compliance with division 1301:18 of the Administrative Code.
(c) Supporting documentation that the cultivator has maintained an uninterrupted supply of cannabis plant material pursuant to rule 1301:18-5-02 of the Administrative Code;
(d) Evidence the proposed expansion meets all applicable requirements under division 1301:18 of the Administrative Code;
(e) The licensee will remain in compliance with division 1301:18 of the Administrative Code;
(f) Any supporting documentation evidencing the requirements outlined under this paragraph;
(g) Any supporting documentation evidencing the requirements outlined under this paragraph.
(2) Within ninety calendar days of receipt of an expansion request pursuant to this rule, the division will review the application and may:
(a) Approve the application;
(b) Deny the application; or
(c) Advise the cultivator in writing that the applicant failed to meet all application requirements.
(3) Upon receipt of written approval, the cultivator may construct and prepare the expanded cultivation area.
(D) In addition to the mandates outlined under paragraph (C) of this rule, a cultivator requesting to re-locate all or a portion of its cultivation area to more than one facility site shall also comply with the following:
(1) Once the expanded cultivation area is fully constructed and prepared to commence all business, the cultivator shall submit in a manner prescribed by the division a proposed transition plan outlining the following:
(a) A proposed procedure for the safe and secure transfer all inventory and other materials maintained at the original location to the proposed location within ninety calendar days as outlined under this paragraph;
(b) Confirmation that the cultivator's transition plan will ensure proper security and surveillance of the original location and the proposed location during the transition period that mitigate the risk of theft, loss, and diversion; and
(c) Assurance the cultivator will maintain ongoing compliance with all requirements outlined under these rules.
(2) Upon receipt of a cultivator's proposed transition plan, the division will:
(a) Review the proposed transition plan and advise of any necessary modifications; and
(b) Conduct an inspection pursuant to rule 1301:18-9-01 of the Administrative Code.
(3) Unless otherwise authorized by the division, the cultivator shall have ninety calendar days from the date the cultivator passes the inspection pursuant to paragraph (D) of this rule to transfer all inventory.
(a) No inventory may be transferred prior to the beginning date of the approved transition period;
(b) The cultivator shall notify the division once the transfer of inventory is complete and business may commence at the new location;
(c) Pursuant to rule 1301:18-9-01 of the Administrative Code, the division may conduct an inspection at the original location and the proposed location to ensure compliance with all requirements outlined under this division of the Administrative Code.
(4) After verification by the division that the expanded cultivation area is in full compliance with these rules, the division will issue a modified certificate of operation reflecting the new location.
(a) The cultivator shall not operate at the new location until the division approves and issues an amended certificate of operation outlining the new location.
(b) A cultivator;s modified certificate of operation has the same expiration date as the previously issued license.
(c) Upon receipt of the modified certificate of operation, the cultivator may commence business.
(E) If the division approves a cultivator's request for expansion pursuant to this rule, the cultivator will be bound to the terms in the request for expansion.
(F) After issuance of initial cultivation expansion requests pursuant to paragraph (C) of this rule, should the division determine that additional cultivation area is necessary to meet the demand for cannabis, it may solicit requests for cultivation expansion plans from cultivators licensed pursuant to this division of the Administrative Code.
(1) The division will examine the following when determining the necessity of additional cultivation area:
(a) Program-wide capacity;
(b) Total population of this state;
(c) Data from the state inventory tracking system regarding demand for cannabis; and
(d) Any other information the division deems appropriate.
(2) Should the division determine that additional expansion is necessary pursuant to this paragraph, the division will:
(a) Issue a formal solicitation for expansion plans to licensed cultivators; and
(b) Provide notice of all expansion area plan application requirements.
Last updated October 15, 2025 at 1:04 PM
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