Current through all regulations passed and filed through December 16, 2024
(A)
A provisional
license granted pursuant to this rule is nontransferable.
(B)
A certificate of
operation shall be issued for the specific processor 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 Chapter
3796. of the Revised Code, the rules promulgated in accordance with Chapter
3796. of the Revised Code, and the following:
(1)
Upon any request
for a change in ownership, the processor 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
3796:3-1-02
and
3796:3-1-03
of the Administrative Code and the processor will remain in compliance with its
application for a processor provisional license, Chapter 3796. of the Revised
Code, and the rules promulgated in accordance with Chapter 3796. of the Revised
Code, under the proposed ownership structure; and
(d)
Submit a new
application in accordance with rule
3796:3-1-02
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 processor
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
3796:3-1-02
of the Administrative Code; and
(c)
Demonstrate to
the department that the new location meets the applicable requirements of rule
3796:3-1-02
of the Administrative Code and that the processor will remain in compliance
with Chapter 3796. of the Revised Code and the rules promulgated in accordance
with Chapter 3796. of the Revised Code at the new location.
(C)
A processor 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 processor 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
3796:3-3-01
of the Administrative Code.
(2)
No product or
plant material may be transferred to or processed at the new location prior to
the beginning date of the approved transition period.
(3)
Any plant
material, medical marijuana extract, or medical marijuana products remaining at
the original location past the ninety-day transition period shall be destroyed
in accordance with rule
3796:3-2-03
of the Administrative Code.
(4)
The processor
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.
