Current through all regulations passed and filed through September 16, 2024
(A)
A provisional
license issued pursuant to this chapter is nontransferable.
(B)
A certificate of
operation shall be issued for the specific cultivator and location identified
on the application, and is valid only for the owner, premises and name
designated on the certificate of operation and the location for which it is
issued. A certificate of operation may only be transferred or assigned if the
department determines that the proposed ownership or location change complies
with the rules promulgated in accordance with Chapter 3796. of the Revised
Code, Chapter 3796. of the Revised Code, and the following:
(1)
Upon any request
for a change in ownership, the cultivator shall:
(a)
Notify the
department in writing of the proposed ownership change;
(b)
Facilitate the
submission of both an Ohio bureau of criminal identification and investigation
criminal records check and a federal bureau of criminal investigation criminal
records check pursuant to division (B) of section
3796.12 of the Revised
Code;
(c)
Demonstrate to the department that the person acquiring
the interest meets the requirements under rules
3796:2-1-02
and
3796:2-1-03
of the Administrative Code, and the cultivator will remain in compliance with
its application for a cultivator provisional license, the rules promulgated in
accordance with Chapter 3796. of the Revised Code, and Chapter 3796. of the
Revised Code under the proposed ownership structure; and
(d)
Require the
cultivator to re-submit an application in accordance with rule
3796:2-1-02
of the Administrative Code if the transfer of ownership would result in a new
controlling shareholder or shareholders outside of the current ownership
structure approved by the department. For purposes of calculating a controlling
interest, the department will consider all transfers of ownership that occur in
a given calendar year and calculate such transfers in the
aggregate.
(2)
Upon a request for a change in location, a cultivator
shall:
(a)
Notify the department in writing of the proposed location
change;
(b)
Submit plans and specifications for the new facility in
accordance with rule
3796:2-1-02
of the Administrative Code; and
(c)
Demonstrate to
the department that the new location meets the applicable requirements of rule
3796:2-1-02
of the Administrative Code and that the cultivator will remain in compliance
with the rules promulgated in accordance with Chapter 3796. of the Revised
Code, and Chapter 3796. of the Revised Code, at the new
location.
(C)
A cultivator
requesting a change in ownership or location shall submit the applicable fee
under rule
3796:5-1-01 of the
Administrative Code. A proposed change in ownership or request for a change in
location shall not be effective until approved in writing by the
department.
(D)
A cultivator receiving approval from the department for
a change in location shall have ninety days from the date of approval, unless
an extension is granted at the discretion of the department, to transfer
inventory and begin operations at the new location, subject to the following
restrictions:
(1)
The transition period shall not begin until the new
location is ready to begin production and has passed an inspection by the
department under rule
3796:2-3-01
of the Administrative Code;
(2)
No product may be
transferred to or cultivated at the new location prior to the beginning date of
the approved transition period;
(3)
Any medical
marijuana remaining at the original location past the ninety-day transition
period shall be destroyed in accordance with rule
3796:2-2-03
of the Administrative Code; and
(4)
The cultivator
shall notify the department in writing or by electronic transmission once the
transfer of inventory is complete and production has begun at the new
location.
(E)
Upon inspection and verification by the department that
the new location is in compliance with Chapter 3796. of the Revised Code and
the rules promulgated in accordance with Chapter 3796. of the Revised Code, the
department shall issue a license modification reflecting the new location. The
modified license shall have the same expiration date as the previously issued
license.
